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Decision (EU) 2023/2532 of the European Central Bank of 9 November 2023 amending Decision (EU) 2022/911 concerning the terms and conditions of TARGET-ECB (ECB/2022/22) (ECB/2023/27)

Decision (EU) 2023/2532 of the European Central Bank of 9 November 2023 amending Decision (EU) 2022/911 concerning the terms and conditions of TARGET-ECB (ECB/2022/22) (ECB/2023/27)

Decision (EU) 2023/2532 · Decision · 5 articles

Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Amendments

Article 1

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Decision (EU) 2022/911 (ECB/2022/22) is amended as follows: (1) in Article 3, paragraph 2 is replaced by the following: ‘2.   In accordance with Article 9(2) of Guideline (EU) 2022/912 (ECB/2022/8), from the date that the operation of the Eurosystem Collateral Management System (ECMS) commences, as communicated on the ECB’s website, the ECB shall not open accounts other than TARGET accounts for participants eligible to participate in TARGET for the purpose of providing services falling within the scope of Guideline (EU) 2022/912 (ECB/2022/8), with the exception of accounts that are used to hold seized funds or funds pledged to a third-party creditor or funds referred to in Article 3(1)(d) of Regulation (EU) 2021/378 of the European Central Bank (ECB/2021/1)  ( *1 ) . ( *1 )   Regulation (EU) 2021/378 of the European Central Bank of 22 January 2021 on the application of minimum reserve requirements (ECB/2021/1) ( OJ L 73, 3.3.2021, p. 1 ).’;" (2) Annex I to Decision (EU) 2022/911 (ECB/2022/22) is amended in accordance with Annex I to this Decision; (3) Annex II to Decision (EU) 2022/911 (ECB/2022/22) is amended in accordance with Annex II to this Decision; (4) Annex III to Decision (EU) 2022/911 (ECB/2022/22) is amended in accordance with Annex III to this Decision.

Entry into force

Article 2

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This Decision shall enter into force on 20 November 2023.

Supplementary provisions

ANNEX ISupplementary provisions

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ANNEX I Annex I to Decision (EU) 2022/911 (ECB/2022/22) is amended as follows: (1) Part I is amended as follows: (a) in Article 18, paragraph 4 is replaced by the following: ‘4.   The Eurosystem provides a Contingency Solution for use if the events described in paragraph 1 occur. Connection to and use of the Contingency Solution may be made on request by a participant, and shall be mandatory in the following cases: (a) for participants considered by the ECB to be critical and for participants that settle very critical transactions as set out in Appendix IV; (b) with effect from 21 March 2025, for all AS and for all RTGS DCA holders.’ ; (b) Article 23 is replaced by the following: ‘Article 23 Duration and ordinary termination of participation and closure of accounts 1.   Without prejudice to Article 24, participation in TARGET-ECB shall be for an indefinite period of time. 2.   A participant may terminate any of the following at any time giving 14 business days’ notice thereof, unless it agrees a shorter notice period with the ECB: (a) its entire participation in TARGET-ECB; (b) one or more of its DCAs, RTGS AS technical accounts and/or TIPS AS technical accounts; (c) one or more of its MCAs, except where the participant is an institution falling within the scope of Article 1 of Regulation (EU) 2021/378 (ECB/2021/1), in which case the participant shall continue to hold at least one MCA for the purpose of complying with the applicable minimum reserve requirements, provided that the participant continues to comply with Articles 4 and 5. 3.   The ECB may terminate any of the following at any time giving three months’ notice thereof, unless it agrees a different notice period with the relevant participant: (a) a participant’s entire participation in TARGET-ECB; (b) one or more of a participant’s DCAs, RTGS AS technical accounts or TIPS AS technical accounts; (c) one or more of a participant’s MCAs, provided that the participant continues to hold at least one MCA. 4.   On termination of participation, the confidentiality duties laid down in Article 27 shall remain in force for a period of five years starting on the date of termination. 5.   On termination of participation, the ECB shall close all TARGET accounts of the participant concerned in accordance with Article 25.’ ; (c) in Article 30, the following paragraph 1a is inserted: ‘1a.   From 21 March 2026, participants that are considered critical by the ECB shall, in addition to the technical connection referred to in paragraph 1, establish a second technical connection for contingency purposes to TARGET-ECB through a second NSP in accordance with the modalities set out in paragraph 1. The second technical connection may be via the second NSP’s low volume user to application (U2A) access.’ ; (2) Part II is amended as follows: (a) in Article 2, paragraph 3 is replaced by the following: ‘3.   An MCA holder acting as co-manager shall fulfil the obligations of the MCA holder of the co-managed MCA under Part I, Article 5(1), point (a), Part I, Article 10(4), and Part I, Article 30(1) and (1a).’ ; (b) in Article 2, paragraph 4 is replaced by the following: ‘4.   The MCA holder of a co-managed MCA shall fulfil the obligations of a participant under Part I and Part II in respect of the co-managed MCA. In the event that the MCA holder does not have a direct technical connection to TARGET, Part I, Article 5(1), point (a), Part I, Article 10(4), and Part I, Article 30(1) and (1a) shall not apply.’ ; (3) Part VII is amended as follows: (a) in Article 1, paragraph 5 is replaced by the following: ‘5.   An ancillary system may send instant payment orders, and positive recall answers to any TIPS DCA holder or TIPS AS technical account holder. An ancillary system shall receive and process instant payment orders, recall requests and positive recall answers from any TIPS DCA holder or TIPS AS technical account holder.’ ; (b) in Article 7, paragraph 1 is replaced by the following: ‘1.   A TIPS AS technical account holder may designate one or more reachable parties. Reachable parties shall have adhered to the SCT Inst scheme signing the SEPA Instant Credit Transfer Adherence Agreement and, if they are addressable in TARGET as RTGS DCA holders, addressable BIC holders or as entities referred to in Part III, Article 3(1), point (a) of Guideline (EU) 2022/912 (ECB/2022/8), having been authorised to use an RTGS DCA by way of multi-addressee access, they shall hold a TIPS DCA or be reachable via a TIPS DCA.’ ; (4) in Appendix VI, section 6 (FEES FOR TIPS DCA HOLDERS) is replaced by the following: ‘6.   FEES FOR TIPS DCA HOLDERS 1. Until 31 December 2023, the following fees apply: (a) Fees for the operation of TIPS DCAs shall be charged to the party indicated as shown in the following table: Item Rule applied Fee per item (EUR) Settled instant payment order Party to be charged: the owner of the TIPS DCA to be debited 0,002 Unsettled instant payment order Party to be charged: the owner of the TIPS DCA to be debited 0,002 Settled positive recall answer Party to be charged: the owner of the TIPS DCA to be credited 0,002 Unsettled positive recall answer Party to be charged: the owner of the TIPS DCA to be credited 0,002 (b) Liquidity transfer orders from TIPS DCAs to: MCAs; RTGS DCAs; sub-accounts; overnight deposit accounts; TIPS AS technical accounts; and T2S DCAs shall be free of charge. 2. With effect from 1 January 2024, fees for the operation of TIPS DCAs shall be charged as follows: (a) For each TIPS DCA a monthly fixed fee of EUR 800 shall be charged to the holder of the TIPS DCA; (b) For each reachable party designated by the TIPS DCA holder, up to a maximum of 50 reachable parties, a monthly fixed fee of EUR 20 shall be charged to the designating TIPS DCA holder. No fee shall be charged for the fifty-first or any subsequent reachable party; (c) For each instant payment order or positive recall answer accepted by the [insert name of CB] as set out in Part I, Article 17, a fee of EUR 0,001 shall be charged to both the holder of the TIPS DCA to be debited and to the holder of the TIPS DCA or TIPS AS technical account to be credited, whether or not the instant payment order or positive recall answer settles; (d) No fee shall be charged for liquidity transfer orders from TIPS DCAs to MCAs, RTGS DCAs, sub-accounts, overnight deposit accounts, TIPS AS technical accounts or T2S DCAs.’; (5) in Appendix VI, section 7 (FEES FOR AS USING TIPS AS SETTLEMENT PROCEDURE) is replaced by the following: ‘7.   FEES FOR AS USING TIPS AS SETTLEMENT PROCEDURE 1. Until 31 December 2023, the following fees apply: (a) Fees for the use by an AS of the TIPS AS settlement procedure shall be charged to the party indicated as shown in the following table: Item Rule applied Fee per item (EUR) Settled instant payment order Party to be charged: the owner of the TIPS AS technical account to be debited 0,002 Unsettled instant payment order Party to be charged: the owner of the TIPS AS technical account to be debited 0,002 Settled positive recall answer Party to be charged: the owner of the TIPS AS technical account to be credited 0,002 Unsettled positive recall answer Party to be charged: the owner of the TIPS AS technical account to be credited 0,002 (b) Liquidity transfer orders from TIPS AS technical accounts to TIPS DCAs shall be free of charge; (c) In addition to the fees set out above, each AS shall be subject to a monthly fee based on the gross underlying volume of instant payments, near instant payments and positive recall answers settled in the AS’s own platform and enabled by the pre-funded positions on the TIPS AS technical account. The fee shall be EUR 0,0005 per settled instant payment, near instant payment or settled positive recall answer. For each month, each AS shall report the gross underlying volume of its settled instant payments, near instant payments and settled positive recall answers rounded down to the nearest ten thousand, at the latest by the third business day of the following month. The reported gross underlying volume shall be applied by the ECB to calculate the fee for the following month. 2. With effect from 1 January 2024, fees for the use by an AS of the TIPS AS settlement procedure shall be charged as follows: (a) For each TIPS AS technical account a monthly fixed fee of EUR 3 000 shall be charged to the holder of the TIPS AS technical account; (b) For each reachable party designated by the TIPS AS technical account holder, up to a maximum of 50 reachable parties, a monthly fixed fee of EUR 20 shall be charged to the designating TIPS AS technical account holder. No fee shall be charged for the fifty-first or any subsequent reachable party; (c) For each instant payment order or positive recall answer accepted by the [insert name of CB] as set out in Part I, Article 17, a fee of EUR 0,001 shall be charged to both the holder of the TIPS AS technical account to be debited and to the holder of the TIPS AS technical account or TIPS DCA to be credited, whether or not the instant payment order or positive recall answer settles; (d) No fee shall be charged for liquidity transfer orders from TIPS AS technical accounts to TIPS DCAs; (e) In addition to the fees set out above, each AS shall be subject to a monthly fee based on the gross underlying volume of instant payments, near instant payments and positive recall answers settled in the AS’s own platform and enabled by the pre-funded positions on the TIPS AS technical account. For each month, each AS shall report the gross underlying volume of its settled instant payments, near instant payments and settled positive recall answers, rounded down to the nearest ten thousand, at the latest by the third business day of the following month. The reported gross underlying volume shall be applied by the ECB to calculate the unit fee per settled instant payment, near instant payment or settled positive recall answer for the previous month according to the following table: Reported gross underlying volume From To Unit Fee (EUR) 0 10 000 000 0,00040 10 000 001 25 000 000 0,00030 25 000 001 100 000 000 0,00020 100 000 001   0,00015 .’.

ANNEX IISupplementary provisions

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ANNEX II Annex II to Decision (EU) 2022/911 (ECB/2022/22) is replaced by the following: ‘ANNEX II TARGET GOVERNANCE ARRANGEMENTS Level 1 — Governing Council Level 2 — Technical and operational management body Level 3 — Level 3 NCBs 1. General provisions Final competence in relation to all TARGET issues, in particular the rules for the decision making in TARGET, and responsible for safeguarding the public function of TARGET — Conducting technical, functional, operational and financial management tasks in relation to TARGET and implementing the rules on governance decided by Level 1 — Taking decisions on the daily running of TARGET based on the service levels defined in the agreement referred to in Article 7(6) of Guideline ECB/2022/8 2. Pricing policy — Deciding on pricing structure/pricing policy — Deciding on the pricing envelopes — Regular review of pricing structure/ pricing policy — Drafting and monitoring of pricing envelopes (Not applicable) 3. Financing — Deciding on rules for the financial regime of TARGET — Deciding on the financial envelopes — Drafting proposals for the main features of the financial regime as decided by Level 1 — Drafting and monitoring of financial envelopes — Approval and/or initiation of instalments paid by Eurosystem CBs to Level 3 for provision of services — Approval and/or initiation of reimbursement of fees to the Eurosystem CBs — Providing cost figures to Level 2 for the service provision 4. Service level Deciding on the level of service Verifying that the service was delivered in accordance with the agreed Service level — Delivering the service in accordance with the agreed Service level 5. Operation   — Deciding on the rules applicable to incidents and crisis situations — Monitoring business developments — Managing TARGET based on the agreement referred to in Article 7(6) of Guideline ECB/2022/8 6. Change and release management Deciding in case of escalation — Approving the Change requests — Approving the release scoping — Approving the release plan and its execution — Assessing the Change Requests — Implementing the Change requests in line with the agreed plan 7. Risk management — Approving the TARGET Risk Management Framework and the risk tolerance for TARGET as well as accepting remaining risks — Assuming ultimate responsibility for the activities of the first and second lines of defence — Establishing the organisational structure for roles and responsibilities related to risk and control — Conducting the risk management following the roles defined in the applicable risk management frameworks — Conducting risk analysis and follow-up according to the allocated risk ownership — Ensuring that all risk management arrangements are maintained and kept-up-to date — Approving and reviewing the business continuity plan as outlined in the relevant operational documentation — Conducting the risk management following the roles defined in the applicable risk management frameworks and related to Level 3 activities — Conducting risk analysis and follow-up according to the allocated risk ownership — Providing the necessary information for risk analysis according to Level 1/Level 2 requests and the risk management frameworks in place 8. System rules — Establishing and ensuring adequate implementation of the European System of Central Banks’ legal framework for TARGET including the Harmonised Conditions for participation in TARGET (Not applicable) (Not applicable) ’.

ANNEX IIISupplementary provisions

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ANNEX III Annex III to Decision (EU) 2022/911 (ECB/2022/22) is amended as follows: (1) point 28 is replaced by the following: ‘(28) “ European Payments Council’s SEPA Instant Credit Transfer (SCT Inst) scheme ” or “ SCT Inst scheme ” means an automated, open standards scheme providing a set of interbank rules to be complied with by SCT Inst scheme participants, allowing payment services providers in the Single Euro Payments Area (SEPA) to offer an automated SEPA-wide euro instant credit transfer product;’; (2) point 54 is replaced by the following: ‘(54) “ recall request ” means a message from an RTGS DCA holder, a TIPS DCA holder or a TIPS AS technical account holder requesting reimbursement of a settled payment order or instant payment order respectively;’.

Other acts of the same type
Council Decision (EU) 2020/1637 of 3 November 2020 on the position to be taken on behalf of the European Union in the World Forum for Harmonisation of Vehicle Regulations of the United Nations Economic Commission for Europe as regards the proposals for modifications to UN Regulations Nos 0, 13, 16, 17, 44, 55, 83, 93, 94, 95, 100, 115, 137, 144, 151, 152 and 153, as regards the proposals for modifications to Global Technical Regulations Nos 7, 15 and 18, as regards the proposal for amendments to Mutual Resolution M.R.3, as regards the proposals for two new UN Regulations in relation to reversing motion and moving off information systems, and as regards the proposal for a new Global Technical Regulation on the determination of electric vehicle powerCouncil Implementing Decision (EU) 2020/1661 of 3 November 2020 amending Implementing Decision (EU) 2017/1768 authorising the Republic of Croatia to introduce a special measure derogating from Article 287 of Directive 2006/112/EC on the common system of value added taxCommission Implementing Decision (EU) 2020/1605 of 30 October 2020 terminating the partial interim review of the anti-dumping and countervailing measures applicable to imports of certain graphite electrode systems originating in IndiaCouncil Decision (CFSP) 2020/1585 of 29 October 2020 amending Decision (CFSP) 2015/1763 concerning restrictive measures in view of the situation in BurundiCouncil Decision (CFSP) 2020/1586 of 29 October 2020 amending Decision 2010/573/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of MoldovaCouncil Decision (EU) 2020/1587 of 29 October 2020 on the financial contributions to be paid by Member States to finance the European Development Fund, including the third instalment for 2020Council Implementing Decision (EU) 2020/1629 of 29 October 2020 authorising France to apply a reduced rate of taxation to electricity directly provided to vessels at berth in a port, in accordance with Article 19 of Directive 2003/96/ECCommission Decision (EU) 2020/1573 of 28 October 2020 amending Decision (EU) 2020/491 on relief from import duties and VAT exemption on importation granted for goods needed to combat the effects of the COVID-19 outbreak during 2020 (notified under document C(2020) 7511)Commission Implementing Decision (EU) 2020/1574 of 28 October 2020 amending Implementing Decision (EU) 2019/450 as regards the publication of references of European Assessment Documents for waterproofing kits, ETICs, joints for road bridges, timber building kits, fire retardant products and other construction products (Text with EEA relevance)Decision (EU) 2020/1575 of the European Central Bank of 27 October 2020 as regards the assessment of and follow-up on information on breaches reported through the whistleblowing tool where a person concerned is a high-level ECB official (ECB/2020/54)Commission Implementing Decision (EU) 2020/1567 of 26 October 2020 on the financial support for the development of the European Border and Coast Guard standing corps in accordance with Article 61 of Regulation (EU) 2019/1896 of the European Parliament and of the CouncilCouncil Decision (EU) 2020/1584 of 26 October 2020 on the position to be taken on behalf of the European Union within the Council of the International Civil Aviation Organization as regards the adoption of Amendment 46 to Annex 6, Part I, and Amendment 39 to Annex 6, Part II, to the Convention on International Civil Aviation, related to deferral of the future equipage requirement for 25-hour cockpit voice recorder to avoid unintended consequences due to the COVID-19 pandemic

Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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