natgillin/translations-raw huggingface dataset:
The terms and conditions for the opening and operation of a TIPS Dedicated Cash Account in TARGET2-ECB shall be those contained in Annex III to this Decision.’;
Uvjeti za otvaranje i funkcioniranje namjenskog gotovinskog računa za T2S u sustavu TARGET2-ECB navedeni su u Prilogu II. ovoj Odluci.
Annexes I and II to Decision ECB/2007/7 are amended in accordance with Annex I to this Decision;
Uvjeti za otvaranje i funkcioniranje namjenskog gotovinskog računa za TIPS u sustavu TARGET2-ECB navedeni su u Prilogu III. ovoj Odluci.”;
the text set out in Annex II to this Decision is added as a new Annex III to Decision ECB/2007/7.
Prilozi I. i II.
Article 2
Odluci ESB/2007/7 mijenjaju se u skladu s Prilogom I. ovoj Odluci;
Final provisions
tekst iz Priloga II. ovoj Odluci dodaje se kao novi Prilog III.
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Odluci ESB/2007/7.
It shall apply from 30 November 2018.
Članak 2.
Done at Frankfurt am Main, 8 October 2018.
Završne odredbe
The President of the ECB
Ova Odluka stupa na snagu dan nakon njezine objave u Službenom listu Europske unije.
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).
Primjenjuje se od 30. studenoga 2018.
Guideline (EU) 2018/1626 of the European Central Bank of 3 August 2018 amending Guideline ECB/2012/27 on a Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2) (ECB/2018/20) (OJ L 280, 9.11.2018, p. 40).
Sastavljeno u Frankfurtu na Majni 8. listopada 2018.
Decision ECB/2007/7 of 24 July 2007 concerning the terms and conditions of TARGET2-ECB (OJ L 237, 8.9.2007, p. 71).
Predsjednik ESB-a
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 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, revised version of July 2016.’;
Smjernica ESB/2012/27 od 5. prosinca 2012. o Transeuropskom automatiziranom sustavu ekspresnih novčanih transakcija u realnom vremenu na bruto načelu (sustav TARGET2) (SL L 30, 30.1.2013., str. 1.).
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).’;
Smjernica (EU) 2018/1626 Europske središnje banke od 3. kolovoza 2018. o izmjeni Smjernice ESB/2012/27 o Transeuropskom automatiziranom sustavu ekspresnih novčanih transakcija u realnom vremenu na bruto načelu (sustav TARGET2) (ESB/2018/20) (SL L 280, 9.11.2018., str. 40.).
ANNEX I
Odluka ESB/2007/7 od 24. srpnja 2007. o uvjetima sustava TARGET2-ECB (SL L 237, 8.9.2007., str. 71.).
Annexes I and II to Decision ECB/2007/7 are amended as follows:
Važeća politika Eurosustava u vezi s lokacijom infrastrukture utvrđena je u sljedećim priopćenjima koja su sva dostupna na mrežnim stranicama ESB-a www.ecb.europa.eu: (a) the Policy statement on euro payment and settlement systems located outside the euro area od 3. studenoga 1998.; (b) the Eurosystem's policy line with regard to consolidation in central counterparty clearing od 27. rujna 2001.; (c) the Eurosystem policy principles on the location and operation of infrastructures settling euro-denominated payment transactions od 19. srpnja 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’ od 20. studenoga 2008.; i (e) the Eurosystem oversight policy framework, revidirana verzija iz srpnja 2016.”;
Annex I is amended as follows:
Smjernica ESB/2012/27 od 5. prosinca 2012 o Transeuropskom automatiziranomm sustavu ekspresnih novčanih transakcija u realnom vremenu na bruto načelu (sustav TARGET2) (SL L 30, 30.1.2013, str. 1).”;
in Annex I and the Appendices, the term ‘SSP-providing CBs’ is replaced by the term ‘SSP-providing NCBs’ and the term ‘network service provider’ is replaced by the term ‘TARGET2 network service provider’;
PRILOG I.
Article 1 is amended as follows:
Prilozi I. i II.
the definition of ‘addressable BIC holder’ is replaced by the following:
Odluci ESB/2007/7 mijenjaju se kako slijedi:
‘“addressable BIC holder” means an entity which: (a) holds a Business Identifier Code (BIC); (b) is not recognised as an indirect participant in the PM; and (c) is a correspondent or customer of a PM account holder or a branch of a direct or indirect participant in the PM, and is able to submit payment orders to and receive payments from a TARGET2 component system via the PM account holder,’;
1.
the definition of ‘ancillary system’ is replaced by the following:
Prilog I. mijenja se kako slijedi:
‘“ancillary system” means a system managed by an entity that is subject to supervision and/or oversight by a competent authority and complies with the oversight requirements for the location of infrastructures offering services in euro, as amended from time to time and published on the ECB's website, in which payments and/or financial instruments are exchanged and/or cleared or recorded with (a) the monetary obligations settled in TARGET2 and/or (b) funds held in TARGET2, in accordance with Guideline ECB/2012/27 and a bilateral arrangement between the ancillary system and the relevant Eurosystem CB,
u Prilogu I. i dodacima, pojam ‘SSP-providing CBs’ zamjenjuje se pojmom ‘SSP-providing NCBs’, a pojam ‘network service provider’ zamjenjuje se pojmom ‘TARGET2 network service provider’;
the definition of ‘available liquidity’ is replaced by the following:
članak 1. mijenja se kako slijedi:
‘“available liquidity” means a credit balance on a participant's PM account and, if applicable, any intraday credit line granted by the relevant euro area NCB in relation to such account but not yet drawn upon, or, if applicable, decreased by the amount of any processed reservations of liquidity on the PM account,’;
definicija ‘addressable BIC holder’ zamjenjuje se sljedećim:
the definition of ‘business day’ is replaced by the following:
„‘addressable BIC holder’ means an entity which: (a) holds a Business Identifier Code (BIC); (b) is not recognised as an indirect participant in the PM; and (c) is a correspondent or customer of a PM account holder or a branch of a direct or indirect participant in the PM, and is able to submit payment orders to and receive payments from a TARGET2 component system via the PM account holder,”;
‘“business day” or “TARGET2 business day” means any day on which TARGET2 is open for the settlement of payment orders, as set out in Appendix V,’;
definicija ‘ancillary system’ zamjenjuje se sljedećim:
the definition of ‘Dedicated Cash Account’ is replaced by the following:
„‘ancillary system’ means a system managed by an entity that is subject to supervision and/or oversight by a competent authority and complies with the oversight requirements for the location of infrastructures offering services in euro, as amended from time to time and published on the ECB's website, in which payments and/or financial instruments are exchanged and/or cleared or recorded with (a) the monetary obligations settled in TARGET2 and/or (b) funds held in TARGET2, in accordance with Guideline ECB/2012/27 and a bilateral arrangement between the ancillary system and the relevant Eurosystem CB,
‘“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,’;
definicija ‘available liquidity’ zamjenjuje se sljedećim:
the definition of ‘event of default’ is amended as follows:
„‘available liquidity’ means a credit balance on a participant's PM account and, if applicable, any intraday credit line granted by the relevant euro area NCB in relation to such account but not yet drawn upon, or, if applicable, decreased by the amount of any processed reservations of liquidity on the PM account,”;
point (a) is replaced by the following:
definicija ‘business day’ zamjenjuje se sljedećim:
where the participant no longer meets the access criteria laid down in Article 4 or the requirements laid down in Article 6(1)(a);’,
„‘business day’ or ‘TARGET2 business day’ means any day on which TARGET2 is open for the settlement of payment orders, as set out in Appendix V,”;
point (g) is replaced by the following:
definicija ‘Dedicated Cash Account’ zamjenjuje se 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;’;
„‘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,”;
in the definition of ‘Information and Control Module (ICM)’, the word ‘participants’ is replaced by the words ‘PM account holders’;
definicija ‘event of default’ mijenja se kako slijedi:
the definition of ‘ICM broadcast message’ is replaced by the following:
točka (a) 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 no longer meets the access criteria laid down in Article 4 or the requirements laid down in Article 6(1)(a);”;
the definition of ‘indirect participant’ is replaced by the following:
točka (g) zamjenjuje se sljedećim:
‘“indirect participant” means a credit institution established in the European Union or the European Economic Area (EEA), which has entered into an agreement with a PM account holder to submit payment orders and receive payments via such PM account holder's PM account, and which has been recognised by a TARGET2 component system as an indirect participant,’;
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;”;
in the definition of ‘multi-addressee access’, the words ‘established in the EEA’ are replaced by the words ‘established in the Union or the EEA’;
u definiciji ‘Information and Control Module (ICM)’ riječ ‘participants’ zamjenjuje se riječima ‘PM account holders’,
in the definition of ‘Main PM account’ the term ‘DCA’ is replaced by the term ‘T2S DCA’;
definicija ‘ICM broadcast message’ zamjenjuje se sljedećim:
the definition of ‘non-settled payment order’ is replaced by the following:
„‘ICM broadcast message’ means information made simultaneously available to all or a selected group of PM account holders via the ICM,”;
‘“non-settled payment order” means a payment order that is not settled on the same-business day as that on which it is accepted,’;
definicija ‘indirect participant’ zamjenjuje se sljedećim:
the definition of ‘participant’ is replaced by the following:
„‘indirect participant’ means a credit institution established in the European Union or the European Economic Area (EEA), which has entered into an agreement with a PM account holder to submit payment orders and receive payments via such PM account holder's PM account, and which has been recognised by a TARGET2 component system as an indirect participant,”;
‘“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 definiciji ‘multi-addressee access’ riječi ‘established in the EEA’ zamjenjuju se riječima ‘established in the Union or the EEA’;
the definition of ‘payment order’ is replaced by the following:
u definiciji ‘Main PM account’ pojam ‘DCA’ zamjenjuje se pojmom ‘T2S DCA’;
‘“payment order” means a credit transfer order, a liquidity transfer order, a direct debit instruction, a PM to T2S DCA liquidity transfer order or a PM to TIPS DCA liquidity transfer order,’;
definicija ‘non-settled payment order’ zamjenjuje se sljedećim:
the definition of ‘PM to DCA liquidity transfer order’ is replaced by the following:
„‘non-settled payment order’ means a payment order that is not settled on the same-business day as that on which it is accepted,”;
‘“PM to T2S DCA liquidity transfer order” means the instruction to transfer a specified amount of funds from a PM account to a T2S DCA,’;
definicija ‘participant’ zamjenjuje se sljedećim:
in the definition of ‘technical malfunction of TARGET2’, the words ‘same-day processing of payments’ are replaced by the words ‘same business-day processing of payments’;
„‘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,”;
the following definitions are inserted:
definicija ‘payment order’ zamjenjuje se sljedećim:
‘“TARGET2-Securities (T2S)” or “T2S Platform” means the set of hardware, software and other technical infrastructure components through which the Eurosystem provides the services to CSDs and Eurosystem CBs that allow core, neutral and borderless settlement of securities transactions on a delivery-versus-payment basis in central bank money,’,
„‘payment order’ means a credit transfer order, a liquidity transfer order, a direct debit instruction, a PM to T2S DCA liquidity transfer order or a PM to TIPS DCA liquidity transfer order,”;
‘“TARGET Instant Payment Settlement (TIPS) service” means the settlement in central bank money of instant payment orders on the TIPS Platform,’,
definicija ‘PM to DCA liquidity transfer order’ zamjenjuje se sljedećim:
‘“TIPS Platform” means the single technical platform infrastructure provided by the TIPS Platform-providing NCBs,’,
„‘PM to T2S DCA liquidity transfer order’ means the instruction to transfer a specified amount of funds from a PM account to a T2S 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,’,
u definiciji ‘technical malfunction of TARGET2’ riječi ‘same-day processing of payments’ zamjenjuju se riječima ‘same business-day processing of payments’;
‘“TIPS network service provider” means an undertaking which has: (a) met all of the necessary conditions to connect to, and established a technical connection to, the TIPS Platform in accordance with the rules and procedures set out in Appendix V to Annex III to Decision ECB/2007/7; and (b) signed the TIPS connectivity hosting terms and conditions which are available on the ECB's website,’,
umeću 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,’,
„‘TARGET2-Securities (T2S)’ or ‘T2S Platform’ means the set of hardware, software and other technical infrastructure components through which the Eurosystem provides the services to CSDs and Eurosystem CBs that allow core, neutral and borderless settlement of securities transactions on a delivery-versus-payment basis in central bank money,”;
‘“Linked PM account” means the PM account with which a TIPS DCA is associated for the purpose of liquidity management and payment of TIPS fees,’,
„‘TARGET Instant Payment Settlement (TIPS) service’ means the settlement in central bank money of instant payment orders on the TIPS Platform,”;
‘“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,’,
„‘TIPS Platform’ means the single technical platform infrastructure provided by the TIPS Platform-providing NCBs,”;
‘“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,’,
„‘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,”;
‘“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 network service provider’ means an undertaking which has: (a) met all of the necessary conditions to connect to, and established a technical connection to, the TIPS Platform in accordance with the rules and procedures set out in Appendix V to Annex III to Decision ECB/2007/7; and (b) signed the TIPS connectivity hosting terms and conditions which are available on the ECB's website,”;
‘“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 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,”;
‘“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,’;
„‘Linked PM account’ means the PM account with which a TIPS DCA is associated for the purpose of liquidity management and payment of TIPS fees,”;
Acts and omissions of the SSP-providing NCBs shall be considered acts and omissions of the ECB, for which it shall assume liability in accordance with Article 25 below.
„‘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,”;
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 the Settlement Finality Directive.
„‘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,”;
TARGET2-ECB is designated as a “system” under § 1(16) of the KWG.
„‘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,”;
No intraday credit is provided to participants in TARGET2-ECB.’;
„‘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,”;
in Article 6(1)(a), the term ‘TARGET2-ECB’ is replaced by the words ‘the SSP’;
„‘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,”;
Article 9 is amended as follows:
Acts and omissions of the SSP-providing NCBs shall be considered acts and omissions of the ECB, for which it shall assume liability in accordance with Article 25 below.
in paragraph 3, the first sentence is replaced by the following:
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 the Settlement Finality Directive.
‘Up-to-date information on the SSP's operational status shall be available on the TARGET2 Information System (T2IS) on a dedicated webpage on the ECB's website.’;
TARGET2-ECB is designated as a ‘system’ under § 1(16) of the KWG.
the following paragraph 4a is inserted:
No intraday credit is provided to participants in TARGET2-ECB.”;
The holder of the Linked PM account shall be responsible for informing in a timely manner its TIPS DCA holders of any relevant ICM broadcast message, including those related to the suspension or termination of any TIPS DCA holder's participation in TARGET2-ECB.’;
u članku 6. stavku 1. točki (a), pojam ‘TARGET2-ECB’ zamjenjuje se riječima ‘the SSP’;
paragraph 8 is replaced by the following:
članak 9. mijenja se kako slijedi:
Participants shall immediately inform the ECB if an event of default occurs in relation to themselves.’;
u stavku 3. prva rečenica zamjenjuje se sljedećim:
Article 10 is amended as follows:
„Up-to-date information on the SSP's operational status shall be available on the TARGET2 Information System (T2IS) on a dedicated webpage on the ECB's website.”;
paragraph 5 is replaced by the following:
umeće se sljedeći stavak 4.a:
A PM account holder accepting its PM account to be designated as the Main PM account shall be bound by any invoices related to the opening and operation of each T2S DCA linked to that PM account, as set out in Appendix VI to this Annex, including any penalties levied in accordance with paragraph 9(d) of Annex IIIa, regardless of the content of, or any non-compliance with, the contractual or other arrangements between that PM account holder and the T2S DCA holder.’;
The holder of the Linked PM account shall be responsible for informing in a timely manner its TIPS DCA holders of any relevant ICM broadcast message, including those related to the suspension or termination of any TIPS DCA holder's participation in TARGET2-ECB.”;
in paragraph 6, the term ‘DCA’ is replaced by the term ‘T2S DCA’;
stavak 8. zamjenjuje se sljedećim:
the following paragraphs 7 and 8 are added:
Participants shall immediately inform the ECB if an event of default occurs in relation to themselves.”;
The holder of a Linked PM account shall have an overview of the liquidity available on the TIPS DCAs linked to that PM account and ensure the TIPS DCA holders are aware of their responsibility to manage that liquidity.’;
članak 10. mijenja se kako slijedi:
Article 11 is amended as follows:
stavak 5. zamjenjuje se sljedećim:
points (c) and (d) are replaced by the following:
A PM account holder accepting its PM account to be designated as the Main PM account shall be bound by any invoices related to the opening and operation of each T2S DCA linked to that PM account, as set out in Appendix VI to this Annex, including any penalties levied in accordance with paragraph 9(d) of Annex IIIa, regardless of the content of, or any non-compliance with, the contractual or other arrangements between that PM account holder and the T2S DCA holder.”;
PM to T2S DCA liquidity transfer orders; and’;
u stavku 6. pojam ‘DCA’ zamjenjuje se pojmom ‘T2S DCA’;
the following point (e) is added:
dodaju se sljedeći stavci 7. i 8.:
PM to TIPS DCA liquidity transfer orders.’;
The holder of a Linked PM account shall have an overview of the liquidity available on the TIPS DCAs linked to that PM account and ensure the TIPS DCA holders are aware of their responsibility to manage that liquidity.”;
in Article 12, paragraph 3 is replaced by the following:
članak 11. mijenja se kako slijedi:
The SSP attaches its timestamp for the processing of payment orders in the sequence of their receipt.’;
točke (c) i (d) zamjenjuju se sljedećim:
in Article 13, paragraph 2 is replaced by the following:
PM to T2S DCA liquidity transfer orders; and”;