欧洲中央银行指南(EU) 2018/323,修订关于持有证券的统计ECB/2013/7(ECB/2018/8)

技术法规类型:欧盟Eurlex法规 来源:tbtmap

EURLEX ID:32018O0008

OJ编号:OJ L 62, 5.3.2018, p. 38–41

中文标题:欧洲中央银行指南(EU) 2018/323,修订关于持有证券的统计ECB/2013/7(ECB/2018/8)

原文标题:Guideline (EU) 2018/323 of the European Central Bank of 22 February 2018 amending Guideline ECB/2013/7 concerning statistics on holdings of securities (ECB/2018/8)

生效日期:2018-10-01

废止日期:9999-12-31

法规全文:查看欧盟官方文件

5.3.2018   

EN

Official Journal of the European Union

L 62/38


GUIDELINE (EU) 2018/323 OF THE EUROPEAN CENTRAL BANK

of 22 February 2018

amending Guideline ECB/2013/7 concerning statistics on holdings of securities (ECB/2018/8)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Articles 5.1, 12.1 and 14.3 thereof,

Having regard to Council Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection of statistical information by the European Central Bank (1),

Having regard to Regulation (EU) No 1011/2012 of the European Central Bank of 17 October 2012 concerning statistics on holdings of securities (ECB/2012/24) (2),

Whereas:

(1)

Regulation (EU) No 1011/2012 (ECB/2012/24) has been amended to: (i) clarify the scope of the group data reporting agents which can be identified as part of the actual reporting population by the Governing Council for the purpose of that Regulation, and (ii) to incorporate the possibility that group data pursuant to Article 3a of Regulation (EU) No 1011/2012 (ECB/2012/24) can be directly reported to the European Central Bank (ECB). Guideline ECB/2013/7 of the European Central Bank (3) needs to be amended to take account of these changes since it sets out the procedures that must be followed by the national central banks (NCBs) when reporting to the ECB under Regulation (EU) No 1011/2012 (ECB/2012/24).

(2)

In particular, Annex II containing the letter of notification of classification as group data reporting agent pursuant to Regulation (EU) No 1011/2012 (ECB/2012/24) needs to reflect the further specification of the criteria the Governing Council uses for classifying group data reporting agents.

(3)

Therefore, Guideline ECB/2013/7 should be amended accordingly,

HAS ADOPTED THIS GUIDELINE:

Article 1

Amendments

Guideline ECB/2013/7 is amended as follows:

(1)

in Article 3a, the following paragraph 3 is added:

‘3.   Notwithstanding the reporting requirement specified in paragraph 1, an NCB may decide that the group data reporting agents identified pursuant to Article 2 of Regulation (EU) No 1011/2012 (ECB/2012/24) shall report the statistical information specified in Chapter 2 of Annex I of that Regulation to the ECB. In such case, the NCB shall inform the ECB and the reporting agents accordingly, whereupon the ECB shall define and implement the reporting arrangements to be followed by the reporting agents and take over the task of collecting the required data directly from the reporting agents.’;

(2)

in Article 4b, the following paragraph 3 is added:

‘3.   Notwithstanding the reporting requirement specified in paragraph 1, an NCB may decide that the group data reporting agents identified pursuant to Article 2 of Regulation (EU) No 1011/2012 (ECB/2012/24) shall report the statistical information specified in Chapter 2 of Annex I of that Regulation to the ECB. In such case, the NCB shall inform the ECB and the reporting agents accordingly, whereupon the ECB shall define and implement the reporting arrangements to be followed by the reporting agents and take over the task of collecting the required data directly from the reporting agents.’;

(3)

Annex II is replaced by the Annex to this Guideline.

Article 2

Taking effect and implementation

This Guideline shall take effect on the day of its notification to the NCBs of the Member States whose currency is the euro.

The Eurosystem central banks shall comply with this Guideline from 1 October 2018.

Article 3

Addressees

This Guideline is addressed to all Eurosystem central banks.

Done at Frankfurt am Main, 22 February 2018.

For the Governing Council of the ECB

The President of the ECB

Mario DRAGHI


(1)  OJ L 318, 27.11.1998, p. 8.

(2)  OJ L 305, 1.11.2012, p. 6.

(3)  Guideline ECB/2013/7 of the European Central Bank of 22 March 2013 concerning statistics on holdings of securities (OJ L 125, 7.5.2013, p. 17).


ANNEX

Annex II to Guideline ECB/2013/7 is replaced by the following:

ANNEX II

LETTER OF NOTIFICATION TO GROUP DATA REPORTING AGENTS

Notification of classification as group data reporting agent pursuant to Regulation (EU) No 1011/2012 (ECB/2012/24).

[Dear Sir/Madam]

We hereby notify you, on behalf of the European Central Bank (ECB), that [legal name of group data reporting agent] has been classified by the ECB's Governing Council as a group data reporting agent for statistical purposes, in accordance with Article 2(1)(b) and Article 2(4) of Regulation (EU) No 1011/2012 (ECB/2012/24).

The reporting obligations of [legal name of the group data reporting agent] as group data reporting agent are laid down in Article 3a of Regulation (EU) No 1011/2012 (ECB/2012/24).

Reasons for classification as “group data reporting agent”

The Governing Council has determined that [legal name of the group data reporting agent] qualifies as a group data reporting agent according to the following criteria, under Regulation (EU) No 1011/2012 (ECB/2012/24):

(a)

[legal name of the group data reporting agent] is head of a banking group, as defined in Article 1(10), and referred to in Article 2(1)(b)(i) of Regulation (EU) No 1011/2012 (ECB/2012/24) or is an institution or financial institution established in a participating Member State which is not part of a banking group (hereinafter “entity”), in accordance with Article 2(1)(b)(ii) of Regulation (EU) No 1011/2012 (ECB/2012/24);

(b)

[legal name of the group data reporting agent] meets the following criteria [insert the relevant criteria that the notified head of a banking group or entity meets to qualify as a group data reporting agent, as decided by the Governing Council]:

(i)

[the value of the total balance sheet assets of [legal name of the group data reporting agent]'s banking group; or the total balance sheet assets of [legal name of the group data reporting agent] is greater than 0,5 % of the total consolidated balance sheet assets of the European Union banking groups, according to the most recent data available to the ECB, i.e. (a) data with reference to the end of December of the calendar year preceding the sending of this notification letter; or (b) if the data under (a) are not available, data with reference to the end of December of the previous year];

(ii)

[the banking group or entity is important for the stability and the functioning of the financial system in the euro area for the following reason: [add here the justification that makes the banking group or entity important for the stability and the functioning of the financial system in the euro area, e. g.:

the banking group or entity is closely and extensively interconnected with other financial institutions in the euro area;

the banking group or entity has a strong and extensive cross-border activity;

the banking group or entity activity is largely concentrated in one segment of the euro area banking business, for which it represents a major player;

the banking group or entity has a complex corporate structure which goes beyond the domestic territory;

the banking group or entity is directly supervised by the ECB.]]

(iii)

[the banking group or entity is important for the stability and the functioning of the financial system in [relevant euro area Member States] for the following reason: [add here the justification that makes the banking group or entity important for the stability and the functioning of the financial system in the relevant euro area Member States, e. g.:

the banking group or entity is closely and extensively interconnected with other financial institutions in the domestic territory;

the banking group or entity activity is largely concentrated in [specify the segment of banking business], in which it is a major domestic player;

the banking group or entity is directly supervised by the ECB.]]

Information source supporting the classification as “group data reporting agent”

The ECB derives the total balance sheet assets of the European Union entities or banking groups on the basis of information collected from national central banks on the consolidated balance sheet of banking groups in the relevant Member State, calculated pursuant to Articles 18(1), 18(4), 18(8), 19(1) and 19(3) and Article 23 of Regulation (EU) No 575/2013 of the European Parliament and of the Council (1).

[Where necessary, further explanations of the methodology applied to any additional inclusion criteria agreed by the Governing Council should be incorporated here.]

Objections and Governing Council review

Any request for review by the ECB's Governing Council of the classification of [legal name of the group data reporting agent] as a group data reporting agent as a result of the justifications given above is to be addressed within 15 ECB working days of receipt of this letter to [insert NCB's name and address]. [Legal name of the group data reporting agent] must include the reasons for such a request and all supporting information.

Starting date of the reporting obligations

In the absence of any objection, [legal name of the group data reporting agent] is to report statistical information pursuant to Article 3a of Regulation (EU) No 1011/2012 (ECB/2012/24) by [insert starting date for reporting, i.e. no later than six months after sending the letter].

Changes to the status of the notified entity

You are requested to inform [name of notifying NCB] of any change of [legal name of the group data reporting agent]'s name or legal form, merger, restructuring and any other event or circumstances that may affect [legal name of the group data reporting agent]'s reporting obligations, within 10 ECB working days of such an event.

Notwithstanding the occurrence of such an event, [legal name of the group data reporting agent] will remain subject to the reporting obligations set out in Regulation (EU) No 1011/2012 (ECB/2012/24) until we notify you otherwise on behalf of the ECB.

Yours faithfully

[signature]

’.

(1)  Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).


附件:

P020180507547404385190.pdf
P020180507547404514598.html

托管标准,您可以接收以下服务:

1 标准定期系统查新,若有最新版本,会以站内短信或邮件的形式通知用户;

2 随时在标准托管页面中查看到该条标准的最新状态;

3 若用户有在学习和科研中的需要,可以在标准托管页面中试阅标准;

4 企业如果需要上新产品,我院及时提供标准查询、采购等方面的支持;

5 为企业在标准制修订、企业良好行为创建以及标准化试点过程中遇到的困难,可联系我院指定相关专家负责进行指导帮助、提供政策咨询;

6 为企业提供标准化政策的解读、标准化知识的推广培训、标准自我公开声明、标准文献的免费查询、企业标准化体系建设等方面的标准化服务;

进入企业标准托管

您可以通过编辑查新模板,批量查询指定标准集的最新情况。我们会通过查询,向您展示您所查询标准的:

1. 准确的标准号及标准名称(我们通过人工智能技术对您提交的标准号进行自动纠正)

2. 标准的最新状态(现行、废止或未发布)

3. 若标准已废止并被新标准替代,会反馈被替代的标准

4. 若您已托管此标准,便可以实时跟踪这个标准的最新状态

标准查新 模板下载

您可以在这里检索全球超过140万条标准,支持上百个国内国际标准组织的标准查询。您也可以在这里检索国内各类国家、部委和地方的法律法规。

更多标准子库在持续建设中。

标准检索

标准资讯点击排行榜 全部

资讯标题点击

[[ n.title ]] [[ n.read ]]

大连标准化公共服务平台

版权:大连标准化研究院有限公司

地址:大连市中山区高原街56号

电话:0411-82740851

大连标准