natgillin/translations-raw huggingface dataset:
If a PM account holder is suspended from TARGET2-ECB on the grounds specified in paragraph (1)(a), any outgoing payment orders from that PM account holder shall only be processed on the instructions of its representatives, including those appointed by a competent authority or a court, such as the PM account holder's insolvency administrator, or pursuant to an enforceable decision of a competent authority or a court providing instructions as to how the payments are to be processed.
i. stavak 6. zamjenjuje se sljedećim:
Article 32 is amended as follows:
If a PM account holder is suspended from TARGET2-ECB on grounds other than those specified in paragraph (1)(a), all of its incoming payments and outgoing payment orders shall be stored and only entered into the entry disposition after they have been explicitly accepted by the suspended PM account holder's CB.”;
paragraph 2 is replaced by the following:
dodaje se sljedeći stavak 7.:
By derogation from paragraph 1, the participant agrees that the ECB may disclose payment, technical or organisational information regarding the participant, participants from the same group or the participant's customers obtained in the course of the operation of TARGET2-ECB to: (a) other CBs or third parties that are involved in the operation of TARGET2-ECB, to the extent that this is necessary for the efficient functioning of TARGET2 or the monitoring of the participant's or its group's exposure; (b) other CBs in order to carry out the analyses necessary for market operations, monetary policy functions, financial stability or financial integration; or (c) supervisory and oversight authorities of Member States and the Union, including CBs, to the extent that this is necessary for the performance of their public tasks, and provided in all such cases that the disclosure is not in conflict with the applicable law.
If a PM account holder is suspended from TARGET2-ECB on the grounds specified in paragraph (1)(a), any outgoing payment orders from that PM account holder shall only be processed on the instructions of its representatives, including those appointed by a competent authority or a court, such as the PM account holder's insolvency administrator, or pursuant to an enforceable decision of a competent authority or a court providing instructions as to how the payments are to be processed.
paragraph 3 is replaced by the following:
članak 32. mijenja se kako slijedi:
in Appendix I, paragraph 8(8)(c) is replaced by the following:
i. stavak 2. zamjenjuje se sljedećim:
Appendix IV is amended as follows:
By derogation from paragraph 1, the participant agrees that the ECB may disclose payment, technical or organisational information regarding the participant, participants from the same group or the participant's customers obtained in the course of the operation of TARGET2-ECB to: (a) other CBs or third parties that are involved in the operation of TARGET2-ECB, to the extent that this is necessary for the efficient functioning of TARGET2 or the monitoring of the participant's or its group's exposure; (b) other CBs in order to carry out the analyses necessary for market operations, monetary policy functions, financial stability or financial integration; or (c) supervisory and oversight authorities of Member States and the Union, including CBs, to the extent that this is necessary for the performance of their public tasks, and provided in all such cases that the disclosure is not in conflict with the applicable law.
paragraph 6(a) is replaced by the following:
ii. stavak 3. zamjenjuje se sljedećim:
paragraph 8(b) is replaced by the following:
u Dodatku I., stavak 8. točka 8.(c) zamjenjuje se sljedećim:
in Appendix V, the table in paragraph 3 is replaced by the following:
Dodatak IV. mijenja se kako slijedi:
“Start-of-procedure” message and settlement of the standing orders to transfer liquidity from the PM accounts to the sub-accounts/technical account (ancillary system-related settlement)
i. stavak 6. točka (a) zamjenjuje se sljedećim:
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)
ii.
Appendix VI is replaced by the following:
Stavak 8.(b) zamjenjuje se sljedećim:
EUR 150 per PM account plus a flat fee per transaction (debit entry) of EUR 0,80; or
u Dodatku V. tablica iz stavka 3. zamjenjuje se sljedećim:
PM to DCA liquidity transfer orders sent from a participant's PM account and DCA to PM liquidity transfer orders received on a participant's PM account shall be charged according to pricing options (a) or (b) as 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)
The monthly fee for direct participants subscribing to the TARGET2 value-added services for T2S shall be EUR 50 for those participants that have opted for option (a) in paragraph 1, and EUR 625 for those participants that have opted for option (b) in paragraph 1.
EUR 150 per PM account plus a flat fee per transaction (debit entry) of EUR 0,80; or
The ancillary system may choose one of the two options: either to pay a flat EUR 0,80 fee per payment instruction (Option A) or to pay a fee calculated on a degressive basis (Option B), subject to the following modifications:
If the ancillary system makes use of the TARGET2 value-added services for T2S, the monthly fee for the use of the value added services shall be EUR 50 for those systems that have chosen option A and EUR 625 for those systems that have chosen option B. This fee shall be charged for each account held by the ancillary system that uses the services;
a monthly fixed fee of EUR 150 (under Option A) or EUR 1875 (under Option B) shall be charged in addition to Fixed Fee I and Fixed Fee II.
Per queried business item in any U2A query generated and downloaded
If the ancillary system makes use of the TARGET2 value-added services for T2S, the monthly fee for the use of the value added services shall be EUR 50 for those systems that have chosen option A and EUR 625 for those systems that have chosen option B. This fee shall be charged for each account held by the ancillary system that uses the services;
2.
Per queried business item in any A2A query generated
If a DCA holder is suspended from TARGET2-ECB on grounds other than those specified in paragraph (1)(a), all its incoming and outgoing payment orders shall only be presented for settlement after they have been explicitly accepted by the suspended DCA holder's CB.”;
Per queried business item in any U2A query generated and downloaded
If a DCA holder is suspended from TARGET2-ECB on the grounds specified in paragraph (1)(a), any outgoing payment orders from that DCA holder shall only be processed on the instructions of its representatives, including those appointed by a competent authority or a court, such as the DCA holder's insolvency administrator, or pursuant to an enforceable decision of a competent authority or a court providing instructions as to how the payments are to be processed.
The same rule shall apply to the ancillary systems that have not been designated under Directive 98/26/EC, in which case the ancillary systems shall be identified by reference to the following criteria: (a) a formal arrangement, based on a contractual or legislative instrument, e.g. an agreement among the participants and the system operator; (b) with multiple membership; (c) with common rules and standardised arrangements; and (d) for the clearing, netting and/or settlement of payments and/or securities between the participants.
By derogation from paragraph 1, the DCA holder agrees that the ECB may disclose payment order, technical or organisational information regarding the DCA holder, other DCAs held by DCA holders of the same group, or the DCA holder's customers obtained in the course of the operation of TARGET2-ECB to: (a) other CBs or third parties that are involved in the operation of TARGET2-ECB, to the extent that this is necessary for the efficient functioning of TARGET2, or the monitoring of the DCA holder's or its group's exposure; (b) other CBs in order to carry out the analyses necessary for market operations, monetary policy functions, financial stability or financial integration; or (c) supervisory and oversight authorities of Member States and the Union, including CBs, to the extent that this is necessary for the performance of their public tasks, and provided in all such cases that the disclosure is not in conflict with the applicable law.
Annex II is amended as follows:
The Eurosystem's current policy for the location of infrastructure is set out in the following statements, which are available on the ECB's website at www.ecb.europa.eu: (a) the policy statement on euro payment and settlement systems located outside the euro area of 3 November 1998; (b) the Eurosystem's policy line with regard to consolidation in central counterparty clearing of 27 September 2001; (c) the Eurosystem policy principles on the location and operation of infrastructures settling in euro-denominated payment transactions of 19 July 2007; (d) the Eurosystem policy principles on the location and operation of infrastructures settling euro-denominated payment transactions: specification of ‘legally and operationally located in the euro area’ of 20 November 2008; (e) the Eurosystem oversight policy framework of July 2011, subject to the judgment of 4 March 2015 United Kingdom v European Central Bank, T-496/11, ECLI:EU:T:2015:496.
Article 24 is amended as follows:
Guideline ECB/2012/27 of 5 December 2012 on a Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2) (OJ L 30, 30.1.2013, p. 1).”;
If a DCA holder is suspended from TARGET2-ECB on grounds other than those specified in paragraph (1)(a), all its incoming and outgoing payment orders shall only be presented for settlement after they have been explicitly accepted by the suspended DCA holder's CB.’;
‘Daytime operations’ means daytime processing and end-of-day processing.
If a DCA holder is suspended from TARGET2-ECB on the grounds specified in paragraph (1)(a), any outgoing payment orders from that DCA holder shall only be processed on the instructions of its representatives, including those appointed by a competent authority or a court, such as the DCA holder's insolvency administrator, or pursuant to an enforceable decision of a competent authority or a court providing instructions as to how the payments are to be processed.
All incoming payments shall be processed in accordance with paragraph 6.”;
Article 27 is amended as follows:
The ECB shall not be liable for the financial and commercial consequences of such disclosure.”;
By derogation from paragraph 1, the DCA holder agrees that the ECB may disclose payment order, technical or organisational information regarding the DCA holder, other DCAs held by DCA holders of the same group, or the DCA holder's customers obtained in the course of the operation of TARGET2-ECB to: (a) other CBs or third parties that are involved in the operation of TARGET2-ECB, to the extent that this is necessary for the efficient functioning of TARGET2, or the monitoring of the DCA holder's or its group's exposure; (b) other CBs in order to carry out the analyses necessary for market operations, monetary policy functions, financial stability or financial integration; or (c) supervisory and oversight authorities of Member States and the Union, including CBs, to the extent that this is necessary for the performance of their public tasks, and provided in all such cases that the disclosure is not in conflict with the applicable law.
By derogation from paragraph 1 and provided that this does not make it possible, whether directly or indirectly, to identify the participant or the participant's customers, the ECB may use, disclose or publish payment information regarding the participant or the participant's customers for statistical, historical, scientific or other purposes in the exercise of its public functions or of functions of other public entities to which the information is disclosed.”;
The Eurosystem's current policy for the location of infrastructure is set out in the following statements, which are available on the ECB's website at www.ecb.europa.eu: (a) the policy statement on euro payment and settlement systems located outside the euro area of 3 November 1998; (b) the Eurosystem's policy line with regard to consolidation in central counterparty clearing of 27 September 2001; (c) the Eurosystem policy principles on the location and operation of infrastructures settling in euro-denominated payment transactions of 19 July 2007; (d) the Eurosystem policy principles on the location and operation of infrastructures settling euro-denominated payment transactions: specification of “legally and operationally located in the euro area” of 20 November 2008; (e) the Eurosystem oversight policy framework of July 2011, subject to the judgment of 4 March 2015 United Kingdom v European Central Bank, T-496/11, ECLI:EU:T:2015:496.
from the PM account to the technical account managed by the ancillary system using settlement procedure 6 real-time; and”;
Guideline ECB/2012/27 of 5 December 2012 on a Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2) (OJ L 30, 30.1.2013, p. 1).’;
The ECB shall inform its participants of the start of contingency processing by means of any available means of communication.”;
“Daytime operations” means daytime processing and end-of-day processing.
In the event of a failure of the ECB, some or all of its technical functions in relation to TARGET2-ECB may be performed by other Eurosystem CBs or the SSP.”;
All incoming payments shall be processed in accordance with paragraph 6.’;
„Time
The ECB shall not be liable for the financial and commercial consequences of such disclosure.’;
All incoming payments shall be processed in accordance with paragraph (6).”;
By derogation from paragraph 1 and provided that this does not make it possible, whether directly or indirectly, to identify the participant or the participant's customers, the ECB may use, disclose or publish payment information regarding the participant or the participant's customers for statistical, historical, scientific or other purposes in the exercise of its public functions or of functions of other public entities to which the information is disclosed.’;
By derogation from paragraph 1 and provided that this does not make it possible, whether directly or indirectly, to identify the DCA holder or the DCA holder's customers, the ECB may use, disclose or publish payment information regarding the DCA holder or the DCA holder's customers for statistical, historical, scientific or other purposes in the exercise of its public functions or of functions of other public entities to which the information is disclosed.”.
from the PM account to the technical account managed by the ancillary system using settlement procedure 6 real-time; and’;
Starts 15 minutes later on the last day of the Eurosystem reserve maintenance period.”;
Decision (EU) 2017/2098 of the European Central Bank
Odluka (EU) 2017/2098 Europske središnje banke
on procedural aspects concerning the imposition of corrective measures for non-compliance with Regulation (EU) No 795/2014 (ECB/2017/33)
o postupovnim pitanjima u vezi s izricanjem korektivnih mjera zbog nepostupanja u skladu s Uredbom (EU) br. 795/2014 (ESB/2017/33)
Having regard to Regulation (EU) No 795/2014 of the European Central Bank of 3 July 2014 on oversight requirements for systemically important payment systems (ECB/2014/28) [1], and in particular Article 22(6) thereof,
uzimajući u obzir Uredbu (EU) br. 795/2014 Europske središnje banke od 3. srpnja 2014. o nadzornim zahtjevima za sistemski važne platne sustave (ESB/2014/28) [1], a posebno njezin članak 22. stavak 6.,
The Governing Council set out oversight requirements for systemically important payment systems (SIPS) in Regulation (EU) No 795/2014 (ECB/2014/28).
Upravno vijeće utvrdilo je nadzorne zahtjeve za sistemski važne platne sustave (SIPS) u Uredbi (EU) br. 795/2014 (ESB/2014/28).
Pursuant to Article 22(2) and (3) of Regulation (EU) No 795/2014 (ECB/2014/28), competent authorities may impose corrective measures for non-compliance with oversight requirements.
U skladu s člankom 22. stavkom 2. i 3.
However, as Regulation (EU) No 795/2014 (ECB/2014/28) does not specify detailed rules and procedures for the imposition of corrective measures, in accordance with Article 22(6) thereof, such rules and procedures should be laid down in this Decision,
Uredbe (EU) br. 795/2014 (ESB/2014/28), nadležna tijela mogu izreći korektivne mjere za nepostupanje u skladu s nadzornim zahtjevima.
HAS ADOPTED THIS DECISION:
Međutim, budući da Uredba (EU) br. 795/2014 (ESB/2014/28) ne navodi detaljna pravila i postupke za izricanje korektivnih mjera, ta pravila i postupci trebali bi biti utvrđeni ovom Odlukom u skladu s člankom 22. stavkom 6. navedene Uredbe,
For the purposes of this Decision:
Definicije
‘competent authority’ means a competent authority as defined in point (5) of Article 2 of Regulation (EU) No 795/2014 (ECB/2014/28);
Za potrebe ove Odluke:
‘SIPS operator’ means a SIPS operator as defined in point (4) of Article 2 of Regulation (EU) No 795/2014 (ECB/2014/28);
„nadležno tijelo” znači nadležno tijelo kako je definirano u članku 2. točki 5.
‘corrective measure’ means a corrective measure as defined in point (44) of Article 2 of Regulation (EU) No 795/2014 (ECB/2014/28);
Uredbe (EU) br. 795/2014 (ESB/2014/28);
‘non-compliance’ means any infringement of Regulation (EU) No 795/2014 (ECB/2014/28);
„upravitelj SIPS-a” znači upravitelj SIPS-a kako je definiran u članku 2. točki 4.
‘suspected non-compliance’ means reasonable grounds for suspecting that a SIPS operator has not fulfilled one or more of the requirements of Regulation (EU) No 795/2014 (ECB/2014/28), based on the information and documentation (including a self-assessment provided by the SIPS operator) available to the competent authority;
Uredbe (EU) br. 795/2014 (ESB/2014/28);
‘ongoing non-compliance’ means any infringement of Regulation (EU) No 795/2014 (ECB/2014/28) that has been confirmed by an assessment but has not been rectified by a SIPS operator in accordance with an action plan agreed with the competent authority within a time limit specified by that authority;
„korektivna mjera” znači korektivna mjera kako je definirana u članku 2. točki 44.
‘draft assessment’ means a report that has not yet been endorsed by the decision-making body of a competent authority, which provides a preliminary analysis of the SIPS' rules, procedures and operations, and of incidents, or any other matter that is considered of importance to the operation of the SIPS, and identifies a suspected non-compliance with the oversight requirements laid down in Regulation (EU) No 795/2014 (ECB/2014/28);
Uredbe (EU) br. 795/2014 (ESB/2014/28);
‘assessment’ means, where the European Central Bank (ECB) acts as the competent authority, a report that has been endorsed by the Governing Council, or, where a national central bank (NCB) acts as the competent authority, a report that has been endorsed by the relevant decision-making body of that NCB, and which states the SIPS operator's level of compliance with the oversight requirements laid down in Regulation (EU) No 795/2014 (ECB/2014/28).
„nepostupanje” znači povreda Uredbe (EU) br. 795/2014 (ESB/2014/28);
Article 2
„navodno nepostupanje” znači opravdani razlog za sumnju da upravitelj SIPS-a nije ispunio jedan ili više zahtjeva iz Uredbe (EU) br. 795/2014 (ESB/2014/28) na temelju informacija i dokumentacije (uključujući samoprocjenu koju je dostavio upravitelj SIPS-a) dostupnih nadležnom tijelu;
General principles
„nepostupanje u tijeku” znači povreda Uredbe (EU) br. 795/2014 (ESB/2014/28) koja je potvrđena procjenom, ali nije ispravljena od strane upravitelja SIPS-a u skladu s akcijskim planom dogovorenim s nadležnim tijelom u roku koji je odredilo to tijelo;
Corrective measures shall be imposed on SIPS operators in accordance with Article 22 of Regulation (EU) No 795/2014 (ECB/2014/28) and the procedure laid down in this Decision.
„nacrt procjene” znači izvješće koje još nije potvrdilo tijelo ovlašteno za donošenje odluka unutar nadležnog tijela, koje daje prethodnu analizu pravila, postupaka i djelovanja SIPS-a kao i povreda ili bilo kojeg drugog događaja koji se smatra važnim za djelovanje SIPS-a i utvrđuje navodno nepostupanje u skladu s nadzornim zahtjevima utvrđenim u Uredbi (EU) br. 795/2014 (ESB/2014/28);
Competent authorities may initiate the procedure to impose a corrective measure in the following scenarios:
„procjena” znači, u slučaju kada Europska središnja banka (ESB) djeluje kao nadležno tijelo, izvješće koje je potvrdilo Upravno vijeće ili, kada nacionalna središnja banka (NSB) djeluje kao nadležno tijelo, izvješće koje je potvrdilo odgovarajuće tijelo nadležno za donošenje odluka tog NSB-a i koje utvrđuje razinu usklađenosti upravitelja SIPS-a s nadzornim zahtjevima utvrđenim u Uredbi (EU) br. 795/2014 (ESB/2014/28).
in case of non-compliance that has been confirmed by an assessment;
Članak 2.
in case of ongoing non-compliance, where no corrective measure has been previously imposed on the SIPS operator;
Opća načela
where a draft assessment gives grounds to the competent authority to suspect non-compliance that is serious and requires immediate action.
Korektivne mjere izriču se upravitelju SIPS-a u skladu s člankom 22.
The formulation of corrective measures shall be sufficiently specific to allow a SIPS operator to undertake action without undue delay to remedy or avoid a repetition of its non-compliance.
Uredbe (EU) br. 795/2014 (ESB/2014/28) i s postupkom utvrđenim u ovoj Odluci.
Article 3
Nadležna tijela mogu započeti postupak izricanja korektivnih mjera u sljedećim scenarijima:
Notice to the SIPS operator
u slučaju nepostupanja koje je potvrđeno procjenom;
In accordance with Article 22(1) of Regulation (EU) No 795/2014 (ECB/2014/28) and based on the findings of a draft assessment or an assessment, the competent authority shall give written notice to a SIPS operator which may include requesting additional information or explanations to be provided.
u slučaju nepostupanja u tijeku, kada korektivne mjere nisu bile prethodno izrečene upravitelju SIPS-a;
The written notice shall specify the nature of the non-compliance or suspected non-compliance, as well as the facts, information, assessments or legal grounds supporting the finding of non-compliance or suspected non-compliance.
kada nacrt procjene daje nadležnom tijelu osnovu za sumnju u nepostupanje koje je ozbiljno i zahtijeva neposredno djelovanje.
It shall state the corrective measure(s) that the competent authority considers imposing.
Utvrđivanje korektivnih mjera mora biti dovoljno određeno da omogući upravitelju SIPS-a da bez nepotrebnog odgađanja poduzme radnje radi ispravka ili izbjegavanja ponavljanja svog nepostupanja.
It shall further state whether the case is considered serious and whether immediate action is required under Article 4(2).
Članak 3.
For cases of ongoing non-compliance, the written notice shall also specify the lack of progress or inadequacy of the progress made by the SIPS operator with regard to the implementation of the action plan agreed with the competent authority.
Obavijest upravitelju SIPS-a
Article 4
U skladu s člankom 22. stavkom 1.
Organisation of the hearing phase
Uredbe (EU) br. 795/2014 (ESB/2014/28) i na temelju nalaza nacrta procjene ili procjene, nadležno tijelo daje pisanu obavijest upravitelju SIPS-a koja može uključivati zahtjev za dostavu dodatnih informacija ili objašnjenja.