Date: 2023-12-14Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision (EU) 2023/2795 of the European Central Bank of 4 December 2023 amending Decision (EU) 2022/1982 on the use of services of the European System of Central Banks by competent authorities and by cooperating authorities (ECB/2022/34) (ECB/2023/29)
Executive Summary:
This Decision amends Decision EU 2022/1982 to extend the list of European System of Central Banks (ESCB) services available to competent authorities and cooperating authorities, including AnaCredit, CSDB, RIAD, and SHSDB, to ensure the smooth functioning of the Single Supervisory Mechanism (SSM). It also specifies financial arrangements for cost contributions and clarifies data protection responsibilities. It stipulates that competent authorities using SHSDB or CSDB are only required to contribute to development and operating costs arising on or after specific dates.
Key Points / Main Content:
ESCB Services Extension:
* The list of ESCB services available to competent authorities and cooperating authorities is extended to include AnaCredit, CSDB, RIAD, and SHSDB.
Financial Arrangements:
* Participating central banks and competent authorities bear the costs of developing and operating ESCB services based on a defined reimbursement framework.
* Competent authorities using CSDB and/or SHSDB are only required to contribute to costs incurred on or after July 1, 2023, for SHSDB and January 1, 2024, for CSDB.
Data Protection:
* Competent authorities must comply with applicable data protection legislation when using ESCB services involving the processing of personal data.
Amendments to Decision EU 2022/1982:
* Article 4 of Decision EU 2022/1982 is replaced, specifying financial arrangements.
* Annex I of Decision EU 2022/1982 is replaced, listing available ESCB services.
* Annex II of Decision EU 2022/1982 is amended, clarifying data protection compliance.
Entry into Force:
* This Decision enters into force on the twentieth day following its publication in the Official Journal of the European Union.
Impact Analysis:
Participating Central Banks and Competent Authorities:
*Impact: Bear the costs of developing and operating the respective ESCB service in accordance with a defined reimbursement framework. May need to contribute to the costs of newly included services.
*Action Required: Review and adhere to the updated financial arrangements and cost allocation keys.
Competent Authorities using CSDB and/or SHSDB:
*Impact: Contribution to the costs of developing and operating the respective ESCB service only applies to costs incurred on or after July 1, 2023 (SHSDB) and January 1, 2024 (CSDB).
*Action Required: Adjust budgeting and financial planning to reflect the new cost contribution start dates.
Competent Authorities Processing Personal Data:
*Impact: Must comply with applicable data protection legislation.
*Action Required: Ensure compliance with data protection requirements when using ESCB services that involve processing personal data.
Cooperating Authorities:
*Impact: Where relevant, cooperating authorities shall contribute to the costs of the respective ESCB service in accordance with a specific reimbursement framework.
*Action Required: Review and adhere to the updated financial arrangements and cost allocation keys.
Key Entities Referenced
European Central Bank: The central bank of the European Union countries that have adopted the euro.
European System of Central Banks: The central banking system of the European Union (EU) and is composed of the European Central Bank (ECB) and the national central banks (NCBs) of all EU member states.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, outlining its scope, function, and powers.
Single Supervisory Mechanism: The system of banking supervision in Europe, composed of the ECB and the national competent authorities (NCAs).
Council Regulation EU No 1024/2013: A European Union regulation conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions.
AnaCredit: A dataset that holds detailed information on individual bank loans in the Eurozone.
Centralised Securities Database CSDB: A database maintained by the ESCB containing information on securities.
Securities Holdings Statistics Database SHSDB: A database maintained by the ESCB containing statistical information on securities holdings.
Official Journal EN
of the European Union L series
2023/2795 14.12.2023
DECISION (EU) 2023/2795 OF THE EUROPEAN CENTRAL BANK
of 4 December 2023
amending Decision (EU) 2022/1982 on the use of services of the European System of Central Banks
by competent authorities and by cooperating authorities (ECB/2022/34) (ECB/2023/29)
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 127 and Article 132(1)
thereof,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular
Article 12.1 in conjunction with Articles 3.1 and 12.3, and Article 34 thereof,
Whereas:
(1) Pursuant to Decision (EU) 2022/1982 of the European Central Bank (ECB/2022/34)(1), competent authorities may
use services of the European System of Central Banks (ESCB) for the purpose of cooperating with the ESCB and
with each other in order to carry out their tasks within the Single Supervisory Mechanism (SSM), established
pursuant to Council Regulation (EU) No 1024/2013(2).
(2) ESCB services are provided to ESCB central banks to support the performance of their tasks. Statistical ESCB services
are developed, run and maintained by one or more ESCB central banks and steered by the ESCB’s Statistics
Committee. To ensure the smooth, effective and consistent functioning of the SSM the practical arrangements for
the cooperation between the European Central Bank and the national competent authorities (NCAs) within the SSM
should include arrangements for the use by those NCAs of certain statistical ESCB services in order to carry out their
tasks under Regulation (EU) No 1024/2013. Therefore, the list of ESCB services to be made available to competent
authorities and cooperating authorities should be extended to include AnaCredit, the Centralised Securities
Database (CSDB), the Register of Institutions and Affiliates Database (RIAD), and the Securities Holdings Statistics
Database (SHSDB).
(3) Competent authorities that use ESCB services are to contribute to the costs of developing and operating the ESCB
services according to a defined reimbursement framework based on a cost allocation key. In the light of the
significant administrative burden of calculating the reimbursement by competent authorities for past costs in
particular, competent authorities that use the SHSDB or the CSDB should only be required to contribute to the
costs of developing and operating the respective ESCB service arisen on or after 1 July 2023for the SHSDB and on
or after 1 January 2024for the CSDB. The existing financial arrangements should therefore be specified further.
(4) The use of ESCB services may involve the processing of personal data. The data processing operations related to the
different ESCB services may vary and may therefore require different qualifications of the entities involved in such
processing. Decision (EU) 2022/1982 (ECB/2022/34) should be amended to allow for the different possible
qualifications of controllership from a data protection perspective.
(5) Therefore, Decision (EU) 2022/1982 (ECB/2022/34) should be amended accordingly,
(1) Decision (EU) 2022/1982 of the European Central Bank of 10 October 2022 on the use of services of the European System of Central
Banks by competent authorities and by cooperating authorities, and amending Decision ECB/2013/1 (ECB/2022/34) (OJ L 272,
20.10.2022, p. 29).
(2) Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning
policies relating to the prudential supervision of credit institutions (OJ L 287, 29.10.2013, p. 63).
ELI: http://data.europa.eu/eli/dec/2023/2795/oj 1/4EN
OJ L, 14.12.2023
HAS ADOPTED THIS DECISION:
Article 1
Amendments
Decision (EU) 2022/1982 (ECB/2022/34) is amended as follows:
1) Article 4 is replaced by the following:
‘Article 4
Financial arrangements
1. Participating central banks and participating competent authorities shall bear the costs of developing and operating
the respective ESCB service in accordance with a defined reimbursement framework, which is based on a cost allocation
key, as further specified in the respective financial envelopes following the applicable reimbursement rules. Where
relevant, cooperating authorities shall contribute to the costs of the respective ESCB service in accordance with a specific
reimbursement framework.
2. By derogation from paragraph 1, competent authorities that use the Centralised Securities Database (CSDB) and/or
the Securities Holdings Statistics Database (SHSDB) shall not be required to contribute to the costs of developing and
operating the CSDB and/or the SHSDB, as applicable, where those costs are incurred before 1 July 2023 for the SHSDB
and before 1 January 2024for the CSDB, respectively.’;
2) Annex I is replaced by Annex I to this Decision;
3) Annex II is amended in accordance with Annex II to this Decision.
Article 2
Entry into force
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the
European Union.
Done at Frankfurt am Main, 4 December 2023.
The President of the ECB
Christine LAGARDE
2/4 ELI: http://data.europa.eu/eli/dec/2023/2795/ojEN
OJ L, 14.12.2023
ANNEX I
Annex I to Decision (EU) 2022/1982 (ECB/2022/34) is replaced by the following:
‘ANNEX I
ESCB services to be made available to competent authorities and cooperating authorities
— AnaCredit (AnaCredit)
— Centralised Securities Database (CSDB)
— CoreNet
— Enterprise Service Bus (ESB)
— ESCB Public Key Infrastructure (ESCB PKI)
— ESCB Teleconference System
— ESCB Performing Survey Initiative LimeSurvey-based Solution (EPSILON)
— ENTM modelling tool and repository (ENTM)
— Identity and Access Management Service (IAM)
— Register of Institutions and Affiliates Database (RIAD)
— Secure ESCB Email (SEE)
— Securities Holdings Statistics Database (SHSDB)’.
ELI: http://data.europa.eu/eli/dec/2023/2795/oj 3/4EN
OJ L, 14.12.2023
ANNEX II
In Annex II to Decision (EU) 2022/1982 (ECB/2022/34), point (10) is replaced by the following:
‘(10) In the case that the usage of the ESCB service involves the processing of personal data by the competent authority, the
competent authority must comply with the applicable data protection legislation.’.
4/4 ELI: http://data.europa.eu/eli/dec/2023/2795/oj