natgillin/translations-raw huggingface dataset:
All payment instructions submitted by an ancillary system through the ASI to debit or credit the participants' PM accounts and all PM to T2S DCA liquidity transfer orders and PM to TIPS DCA liquidity transfer orders submitted shall be deemed to be highly urgent payment orders.’;
dodaje se sljedeća točka (e):
in Article 23(1), point (b) is replaced by the following:
PM to TIPS DCA liquidity transfer orders.”;
may be used to initiate liquidity transfer orders, TIPS DCA to PM liquidity transfer orders, PM to TIPS DCA liquidity transfer orders, PM to T2S DCA liquidity transfer orders and, when the ICM is used in combination with the T2S value added services, T2S DCA to PM liquidity transfer orders; and’;
u članku 12., stavak 3. zamjenjuje se sljedećim:
in Article 25, paragraph 5 is replaced by the following:
The SSP attaches its timestamp for the processing of payment orders in the sequence of their receipt.”;
Notwithstanding Sections 675(u), 675(v), 675(x), 675(y), 675(z), 676(a), 676(c) of the German Civil Code (Bürgerliches Gesetzbuch), paragraphs 1 to 4 shall apply to the extent that the ECB's liability can be excluded.’;
u članku 13., stavak 2. zamjenjuje se sljedećim:
Article 28 is amended as follows:
All payment instructions submitted by an ancillary system through the ASI to debit or credit the participants' PM accounts and all PM to T2S DCA liquidity transfer orders and PM to TIPS DCA liquidity transfer orders submitted shall be deemed to be highly urgent payment orders.”;
in paragraph 1, the second sentence is replaced by the following:
u članku 23. stavku 1. točka (b) zamjenjuje se sljedećim:
‘For the purposes of this paragraph, the taking of crisis prevention measures or crisis management measures within the meaning of Directive 2014/59/EU of the European Parliament and of the Council against a PM account holder shall not automatically qualify as the opening of insolvency proceedings.
may be used to initiate liquidity transfer orders, TIPS DCA to PM liquidity transfer orders, PM to TIPS DCA liquidity transfer orders, PM to T2S DCA liquidity transfer orders and, when the ICM is used in combination with the T2S value added services, T2S DCA to PM liquidity transfer orders; and”;
in paragraph 2, point (f) is replaced by the following:
u članku 25., stavak 5. zamjenjuje se sljedećim:
the ECB suspends, limits or terminates the participant's access to intraday credit pursuant to paragraph 12 of Annex III to Guideline ECB/2012/27.’;
Notwithstanding Sections 675(u), 675(v), 675(x), 675(y), 675(z), 676(a), 676(c) of the German Civil Code (Bürgerliches Gesetzbuch), paragraphs 1 to 4 shall apply to the extent that the ECB's liability can be excluded.”;
in paragraph 4(a), the words ‘DCA holders’ and ‘DCA holder’ are replaced by the words ‘T2S DCA holders’ and ‘T2S DCA holder’, respectively;
članak 28. mijenja se kako slijedi:
Article 32 is amended as follows:
u stavku 1. druga rečenica zamjenjuje se sljedećim:
the following paragraph 1a is inserted:
„For the purposes of this paragraph, the taking of crisis prevention measures or crisis management measures within the meaning of Directive 2014/59/EU of the European Parliament and of the Council against a PM account holder shall not automatically qualify as the opening of insolvency proceedings.
By derogation from paragraph 1, the participant agrees that information on any action taken under Article 28 shall not be considered as confidential.’;
u stavku 2., točka (f) zamjenjuje se sljedećim:
paragraph 2 is replaced by the following:
the ECB suspends, limits or terminates the participant's access to intraday credit pursuant to paragraph 12 of Annex III to Guideline ECB/2012/27.”;
The ECB shall not be liable for the financial and commercial consequences of such disclosure.’
u stavku 4. točki (a), riječi ‘DCA holders’ i ‘DCA holder’ zamjenjuju se riječima ‘T2S DCA holders’ odnosno ‘T2S DCA holder’;
in Article 33(3), point (a)(ii) is replaced by the following:
članak 32. mijenja se kako slijedi:
the participant shall not enter any payment order for the transfer of funds to an account held by an entity different than the participant, into TARGET2 until it has obtained confirmation from the ECB that the required notification has been made or the consent has been obtained by or on behalf of the payment service provider of the payee;’;
umeće se sljedeći stavak 1.a:
in Article 34, the second sentence is replaced by the following:
By derogation from paragraph 1, the participant agrees that information on any action taken under Article 28 shall not be considered as confidential.”;
‘Notices to the ECB shall be submitted to the European Central Bank, Director-General of the ECB's Directorate-General Payment Systems and Market Infrastructure, Sonnemannstrasse 22, 60314 Frankfurt am Main, Germany or to the BIC address of the ECB: ECBFDEFF.’;
stavak 2. zamjenjuje se sljedećim:
in Article 36, in the first and second sentences the words ‘including its Appendices’ are replaced by the words ‘including the Appendices’;
The ECB shall not be liable for the financial and commercial consequences of such disclosure.”
in Appendix I, paragraph 8 entitled ‘Use of the ICM’ is amended as follows:
u članku 33. stavku 3. točka (a) podtočka ii. zamjenjuje se sljedećim:
points (8)(c) and (d) are replaced by the following:
the participant shall not enter any payment order for the transfer of funds to an account held by an entity different than the participant, into TARGET2 until it has obtained confirmation from the ECB that the required notification has been made or the consent has been obtained by or on behalf of the payment service provider of the payee;”;
by means of a PM to T2S DCA liquidity transfer order or, when the ICM is used in combination with the T2S value added services, a T2S DCA to PM liquidity transfer order; and’;
u članku 34. druga rečenica zamjenjuje se sljedećim:
the following point (8)(e) is added:
„Notices to the ECB shall be submitted to the European Central Bank, Director-General of the ECB's Directorate-General Payment Systems and Market Infrastructure, Sonnemannstrasse 22, 60314 Frankfurt am Main, Germany or to the BIC address of the ECB: ECBFDEFF.”;
by means of a PM to TIPS DCA liquidity transfer order or a TIPS DCA to PM liquidity transfer order.’;
u članku 36. u prvoj i drugoj rečenici riječi ‘including its Appendices’ zamjenjuju se riječima ‘including the Appendices’;
Appendix IV is amended as follows:
u Dodatku I., stavak 8. pod nazivom ‘Use of the ICM’ mijenja se kako slijedi:
in paragraph 4 entitled ‘Relocation of the operation of the SSP to an alternative site’, in point (c) the term ‘PM to DCA liquidity transfer order’ is replaced by the term ‘PM to T2S DCA liquidity transfer order’;
točke 8 (c) i (d) zamjenjuju se sljedećim:
paragraph 6 entitled ‘Contingency processing’ is amended as follows:
by means of a PM to T2S DCA liquidity transfer order or, when the ICM is used in combination with the T2S value added services, a T2S DCA to PM liquidity transfer order; and”;
point (c)(i) is replaced by the following:
dodaje se sljedeća točka 8 (e):
CLS Bank International-related payments, with the exception of payments related to the CLS CCP service and, at the discretion of the Governing Council, the CLSNow service;’,
by means of a PM to TIPS DCA liquidity transfer order or a TIPS DCA to PM liquidity transfer order.”;
point (d)(iii) is replaced by the following:
Dodatak IV. mijenja se kako slijedi:
T2S DCA to PM liquidity transfer orders.’;
u stavku 4. pod nazivom ‘Relocation of the operation of the SSP to an alternative site’, u točki (c) pojam ‘PM to DCA liquidity transfer order’ zamjenjuje se pojmom ‘PM to T2S DCA liquidity transfer order’;
in paragraph 8 entitled ‘Other provisions’, in point (b) the words ‘the SSP’ are replaced by the words ‘the operational team of the SSP’;
stavak 6. pod nazivom ‘Contingency processing’ mijenja se kako slijedi:
Appendix V is amended as follows:
točka (c) podtočka i. zamjenjuje se sljedećim:
the schedule is replaced by the following:
CLS Bank International-related payments, with the exception of payments related to the CLS CCP service and, at the discretion of the Governing Council, the CLSNow service;”;
‘Time
točka (d) podtočka iii. zamjenjuje se sljedećim:
“Start-of-procedure”message and settlement of the standing orders to transfer liquidity from the PM accounts to the subaccounts/technical account (ancillary system-related settlement)
T2S DCA to PM liquidity transfer orders.”;
Execution of additional liquidity transfers via the ICM for settlement procedure 6 real time; execution of additional liquidity transfers via the ICM before the ancillary system sends the “start of cycle” messages for settlement procedure 6 interfaced; settlement period of night-time ancillary system operations (only for ancillary system settlement procedure 6 real-time and settlement procedure 6 interfaced)
u stavku 8. pod nazivom ‘Other provisions’, u točki (b) riječi ‘the SSP’ zamjenjuju se riječima ‘the operational team of the SSP’;
the following paragraph 6 is added:
Dodatak V. mijenja se kako slijedi:
The information on the SSP's operational status on T2IS and the ECB's website shall only be updated during normal business hours.’;
raspored se zamjenjuje sljedećim:
Appendix VI is amended as follows:
„Time
in paragraph 1, the last sentence is replaced by the following:
‘Start-of-procedure’ message and settlement of the standing orders to transfer liquidity from the PM accounts to the subaccounts/technical account (ancillary system-related settlement)
‘PM to T2S DCA liquidity transfer orders or PM to TIPS DCA liquidity transfer orders sent from a participant's PM account and T2S DCA to PM liquidity transfer orders or TIPS DCA to PM liquidity transfer orders received on a participant's PM account shall be charged according to the pricing option (a) or (b) above chosen for that PM account.’;
Execution of additional liquidity transfers via the ICM for settlement procedure 6 real time; execution of additional liquidity transfers via the ICM before the ancillary system sends the ‘start of cycle’ messages for settlement procedure 6 interfaced; settlement period of night-time ancillary system operations (only for ancillary system settlement procedure 6 real-time and settlement procedure 6 interfaced)
in paragraphs 4 and 5 and the table, the term ‘DCA’ is replaced by the term ‘T2S DCA’,
dodaje se sljedeći stavak 6.:
in the table, the following field is inserted between the third (‘U2A queries’) and fourth (‘Messages bundled into a file’) fields under ‘Information services’:
The information on the SSP's operational status on T2IS and the ECB's website shall only be updated during normal business hours.”;
‘U2A queries downloaded
Dodatak VI. mijenja se kako slijedi:
Per queried business item in any U2A query generated and downloaded’
u stavku 1. zadnja se rečenica zamjenjuje sljedećim:
the following paragraphs 5a and 5b are inserted:
„PM to T2S DCA liquidity transfer orders or PM to TIPS DCA liquidity transfer orders sent from a participant's PM account and T2S DCA to PM liquidity transfer orders or TIPS DCA to PM liquidity transfer orders received on a participant's PM account shall be charged according to the pricing option (a) or (b) above chosen for that PM account.”;
‘Fees for Linked PM account holders
u stavcima 4. i 5. te tablici pojam ‘DCA’ zamjenjuje se pojmom ‘T2S DCA’,
The ECB shall charge Linked PM account holders for any further instant payment orders and positive recall answers received by the TIPS Platform by the end of 2019, in the following year.’;
u tablici, umeće se sljedeće polje između trećeg (‘U2A queries’) i četvrtog (‘Messages bundled into a file’) polja pod ‘Information services’:
in paragraph 6, the last sentence is replaced by the following:
„U2A queries downloaded
‘Payments shall be made no later than the 14th business day of that month to the account specified by the ECB or shall be debited from an account specified by the PM account holder.’;
Per queried business item in any U2A query generated and downloaded”
paragraph 7 is amended as follows:
umeću se sljedeći stavci 5.a i 5.b:
in paragraph 7, the term ‘DCA’ is replaced by the term ‘T2S DCA’,
„Fees for Linked PM account holders
in point (b), the words ‘transactions settled on DCAs’ are replaced by the words ‘transactions settled on T2S DCAs and TIPS DCAs’,
The ECB shall charge Linked PM account holders for any further instant payment orders and positive recall answers received by the TIPS Platform by the end of 2019, in the following year.”;
in point (d), in the table the words ‘DCA to DCA liquidity transfer orders’ are replaced by the words ‘T2S DCA to T2S DCA liquidity transfer orders’,
u stavku 6. posljednja rečenica zamjenjuje se sljedećim:
the following point (d)(iv) is added:
„Payments shall be made no later than the 14th business day of that month to the account specified by the ECB or shall be debited from an account specified by the PM account holder.”;
The ECB shall charge the ancillary system as Linked PM account holder for any further instant payment orders and positive recall answers received by the TIPS Platform by the end of 2019, in the following year.’;
u stavku 7. pojam ‘DCA’ zamjenjuje se pojmom ‘T2S DCA’;
Annex II is amended as follows:
u točki (b) riječi ‘transactions settled on DCAs’ zamjenjuje se riječima ‘transactions settled on T2S DCAs and TIPS DCAs’;
The title is replaced by the following:
u točki (d) i tablici riječi ‘DCA to DCA liquidity transfer orders’ zamjenjuju se riječima ‘T2S DCA to T2S DCA liquidity transfer orders’;
‘TERMS AND CONDITIONS FOR THE OPENING AND OPERATION OF A T2S DEDICATED CASH ACCOUNT (T2S DCA) IN TARGET2’;
dodaje se sljedeća točka (d) podtočka iv.:
in the definitions and the rest of the text of Annex II and the Appendices, ‘DCA’ is replaced by ‘T2S DCA’, ‘DCA to PM liquidity transfer order’ is replaced by ‘T2S DCA to PM liquidity transfer order’, ‘PM to DCA liquidity transfer order’ is replaced by ‘PM to T2S DCA liquidity transfer order’, ‘DCA to DCA liquidity transfer order’ is replaced by ‘T2S DCA to T2S DCA liquidity transfer order’, ‘DCA holder’ is replaced by ‘T2S DCA holder’;
The ECB shall charge the ancillary system as Linked PM account holder for any further instant payment orders and positive recall answers received by the TIPS Platform by the end of 2019, in the following year.”;
the definition of ‘Dedicated Cash Account (DCA)’ is replaced by the following:
2.
‘“T2S Dedicated Cash Account (T2S DCA)”, means an account held by a T2S DCA holder, opened in TARGET2-ECB, and used for cash payments in relation to securities settlement in T2S,’;
Prilog II. mijenja se kako slijedi:
in the definition of ‘event of default’, point (g) is replaced by the following:
naslov se zamjenjuje sljedećim:
where the participant's credit balance on its PM account, T2S DCA or TIPS DCA or all or a substantial part of the participant's assets are subject to a freezing order, attachment, seizure or any other procedure that is intended to protect the public interest or the rights of the participant's creditors;’;
„TERMS AND CONDITIONS FOR THE OPENING AND OPERATION OF A T2S DEDICATED CASH ACCOUNT (T2S DCA) IN TARGET2”;
‘“participant” or “direct participant” means an entity that holds at least one PM account (PM account holder) and/or one T2S Dedicated Cash Account (T2S DCA holder) and/or one TIPS Dedicated Cash Account (TIPS DCA holder) with a Eurosystem CB,’;
u definicijama i ostatku teksta Priloga II. i dodacima, ‘DCA’ se zamjenjuje s ‘T2S DCA’, ‘DCA to PM liquidity transfer order’ zamjenjuje se s ‘T2S DCA to PM liquidity transfer order’, ‘PM to DCA liquidity transfer order’ zamjenjuje se s ‘PM to T2S DCA liquidity transfer order’, ‘DCA to DCA liquidity transfer order’ zamjenjuje se s ‘T2S DCA to T2S DCA liquidity transfer order’, ‘DCA holder’ zamjenjuje se s ‘T2S DCA holder’;
in the definition of ‘technical malfunction of TARGET2’, the words ‘same-day processing’ are replaced by the words ‘same-business day processing’;
definicija ‘Dedicated Cash Account (DCA)’ zamjenjuje se sljedećim:
the following definitions are added:
„‘T2S Dedicated Cash Account (T2S DCA)’, means an account held by a T2S DCA holder, opened in TARGET2-ECB, and used for cash payments in relation to securities settlement in T2S,”;
‘“Information and Control Module (ICM)” means the SSP module that allows PM account holders to obtain online information and gives them the possibility to submit liquidity transfer orders, manage liquidity and initiate backup payment orders in contingency situations,
u definiciji ‘event of default’, točka (g) zamjenjuje se sljedećim:
“ICM broadcast message” means information made simultaneously available to all or a selected group of PM account holders via the ICM,
where the participant's credit balance on its PM account, T2S DCA or TIPS DCA or all or a substantial part of the participant's assets are subject to a freezing order, attachment, seizure or any other procedure that is intended to protect the public interest or the rights of the participant's creditors;”;
“TARGET Instant Payment Settlement (TIPS) service” means the settlement in central bank money of instant payment orders on the TIPS Platform,
„‘participant’ or ‘direct participant’ means an entity that holds at least one PM account (PM account holder) and/or one T2S Dedicated Cash Account (T2S DCA holder) and/or one TIPS Dedicated Cash Account (TIPS DCA holder) with a Eurosystem CB,”;
“TIPS Platform” means the single technical platform infrastructure provided by the TIPS Platform-providing NCBs,
u definiciji ‘technical malfunction of TARGET2’, riječi ‘same-day processing’ zamjenjuju se riječima ‘same-business day processing’;
“TIPS Platform-providing NCBs” means the Deutsche Bundesbank, the Banco de España, the Banque de France and the Banca d'Italia in their capacity as the CBs building and operating the TIPS Platform for the Eurosystem's benefit,
dodaju se sljedeće definicije:
“TIPS Dedicated Cash Account (TIPS DCA)” means an account held by a TIPS DCA holder, opened in TARGET2-ECB, and used for the provision of instant payment services to its customers,
„‘Information and Control Module (ICM)’ means the SSP module that allows PM account holders to obtain online information and gives them the possibility to submit liquidity transfer orders, manage liquidity and initiate backup payment orders in contingency situations,
“instant payment order” means, in line with the European Payments Council's SEPA Instant Credit Transfer (SCT Inst) scheme, a payment instruction which can be executed 24 hours a day any calendar day of the year, with immediate or close to immediate processing and notification to the payer,
‘ICM broadcast message’ means information made simultaneously available to all or a selected group of PM account holders via the ICM,
“recall request” means, in line with the SCT Inst scheme, a message from a TIPS DCA holder requesting reimbursement of a settled instant payment order,
‘TARGET Instant Payment Settlement (TIPS) service’ means the settlement in central bank money of instant payment orders on the TIPS Platform,
“positive recall answer” means, in line with the SCT Inst scheme, a payment order initiated by the receiver of a recall request, in response to a recall request, for the benefit of the sender of that recall request,
‘TIPS Platform’ means the single technical platform infrastructure provided by the TIPS Platform-providing NCBs,
“PM to TIPS DCA liquidity transfer order” means the instruction to transfer a specified amount of funds from a PM account to a TIPS DCA,
‘TIPS Platform-providing NCBs’ means the Deutsche Bundesbank, the Banco de España, the Banque de France and the Banca d'Italia in their capacity as the CBs building and operating the TIPS Platform for the Eurosystem's benefit,
“TIPS DCA to PM liquidity transfer order” means the instruction to transfer a specified amount of funds from a TIPS DCA to a PM account,’;
‘TIPS Dedicated Cash Account (TIPS DCA)’ means an account held by a TIPS DCA holder, opened in TARGET2-ECB, and used for the provision of instant payment services to its customers,
in Article 3, the words ‘dedicated cash accounts’ are replaced by the words ‘T2S Dedicated Cash Accounts’;
‘instant payment order’ means, in line with the European Payments Council's SEPA Instant Credit Transfer (SCT Inst) scheme, a payment instruction which can be executed 24 hours a day any calendar day of the year, with immediate or close to immediate processing and notification to the payer,
Article 4 is replaced by the following:
‘recall request’ means, in line with the SCT Inst scheme, a message from a TIPS DCA holder requesting reimbursement of a settled instant payment order,
‘Article 4
‘positive recall answer’ means, in line with the SCT Inst scheme, a payment order initiated by the receiver of a recall request, in response to a recall request, for the benefit of the sender of that recall request,
Acts and omissions of the SSP-providing NCBs and the 4CBs shall be considered acts and omissions of the ECB, for which it shall assume liability in accordance with Article 21 below.
‘PM to TIPS DCA liquidity transfer order’ means the instruction to transfer a specified amount of funds from a PM account to a TIPS DCA,
TARGET2 is legally structured as a multiplicity of payment systems composed of all the TARGET2 component systems, which are designated as “systems” under the national laws implementing Directive 98/26/EC.
‘TIPS DCA to PM liquidity transfer order’ means the instruction to transfer a specified amount of funds from a TIPS DCA to a PM account,”;
TARGET2-ECB is designated as a “system” under the national laws implementing Directive 98/26/EC.
u članku 3., riječi ‘dedicated cash accounts’ zamjenjuju se riječima ‘T2S Dedicated Cash Accounts’;
The rules on the processing of payment orders under these Conditions (Title IV and Appendix I) refer to all payment orders submitted or payments received by any T2S DCA holder.’;
članak 4. zamjenjuje se sljedećim:
Article 6 is amended as follows:
„Article 4
in paragraph 1, point (b)(ii) is replaced by the following:
Acts and omissions of the SSP-providing NCBs and the 4CBs shall be considered acts and omissions of the ECB, for which it shall assume liability in accordance with Article 21 below.
for entities established outside the EEA, provide a country opinion in the form specified in Appendix III, unless the information and representations to be provided in such country opinion have already been obtained by the ECB in another context.’;
TARGET2 is legally structured as a multiplicity of payment systems composed of all the TARGET2 component systems, which are designated as ‘systems’ under the national laws implementing Directive 98/26/EC.
paragraph 3 is replaced by the following:
TARGET2-ECB is designated as a ‘system’ under the national laws implementing Directive 98/26/EC.
The ECB may also request any additional information it deems necessary to decide on the application to open a T2S DCA.’;
The rules on the processing of payment orders under these Conditions (Title IV and Appendix I) refer to all payment orders submitted or payments received by any T2S DCA holder.”;
Any rejection decision shall contain reasons for the rejection.’;
članak 6. mijenja se kako slijedi:
in Article 10, paragraph 3 is replaced by the following:
u stavku 1., točka (b) podtočka ii. zamjenjuje se sljedećim:
The T2IS and the TARGET2 Securities Information System may be used to obtain information on any event affecting the normal operation of the respective platforms.’;
for entities established outside the EEA, provide a country opinion in the form specified in Appendix III, unless the information and representations to be provided in such country opinion have already been obtained by the ECB in another context.”;
in Article 12(1), the words ‘by means of a unique 34-character account number’ are replaced by the words ‘by means of a unique account number of up to 34 characters’;
stavak 3. zamjenjuje se sljedećim:
in Article 14, paragraph 3 is replaced by the following:
The ECB may also request any additional information it deems necessary to decide on the application to open a T2S DCA.”;