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Document 32016O0015
Guideline (EU) 2016/1061 of the European Central Bank of 26 May 2016 amending Guideline ECB/2008/8 on data collection regarding the euro and the operation of the Currency Information System 2 (ECB/2016/15)
Guideline (EU) 2016/1061 of the European Central Bank of 26 May 2016 amending Guideline ECB/2008/8 on data collection regarding the euro and the operation of the Currency Information System 2 (ECB/2016/15)
Guideline (EU) 2016/1061 of the European Central Bank of 26 May 2016 amending Guideline ECB/2008/8 on data collection regarding the euro and the operation of the Currency Information System 2 (ECB/2016/15)
OJ L 173, 30.6.2016, p. 102–107
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
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30.6.2016 |
EN |
Official Journal of the European Union |
L 173/102 |
GUIDELINE (EU) 2016/1061 OF THE EUROPEAN CENTRAL BANK
of 26 May 2016
amending Guideline ECB/2008/8 on data collection regarding the euro and the operation of the Currency Information System 2 (ECB/2016/15)
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 128 thereof,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Articles 5 and 16 thereof,
Having regard to Council Regulation (EC) No 3603/93 of 13 December 1993 specifying definitions for the application of the prohibitions referred to in Articles 104 and 104b(1) of the Treaty (1), and in particular Article 6 thereof,
Whereas:
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(1) |
Article 128(1) of the Treaty and Article 16 of the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’) provide that the European Central Bank (ECB) has the exclusive right to authorise the issue of euro banknotes within the Union. |
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(2) |
Article 128(2) of the Treaty provides that Member States may issue coins subject to approval by the ECB of the volume of the issue. Therefore, the ECB adopts annual decisions approving the volume of coin issuance by the Member States which have adopted the euro (hereinafter the ‘participating Member States’) and decisions approving additional volumes of coin issuance by one or several participating Member States on an ad hoc basis. |
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(3) |
Article 5 of the Statute of the ESCB provides that in order to perform the tasks of the European System of Central Banks (ESCB) the ECB, assisted by the national central banks (NCBs), should collect the necessary statistical information, which comprises statistical information in the area of euro banknote and coin issuance. |
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(4) |
Furthermore, the ECB needs to collect information for the purpose of monitoring compliance with the prohibition established by Article 123 of the Treaty and implemented by Regulation (EC) No 3603/93. In particular, Article 6 of Regulation (EC) No 3603/93 provides that the holding by any NCBs of euro coins issued by and credited to the public sector should not be regarded as a credit facility within the meaning of Article 123 of the Treaty where the amount of those assets remains at less than 10 % of the coins in circulation. |
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(5) |
Without prejudice to the competences of the Member States with regard to the issuance of euro coins, and taking into account the essential role of most NCBs in the distribution of euro coins, in order to perform the tasks described above, the ECB, together with NCBs, needs to collect data on euro banknotes as well as on euro coins. Such data collection should facilitate decision-making in the area of euro banknote and coin issuance and should enable the ECB to monitor compliance with any decisions in this area as regards planning the production of euro banknotes and coordinating their issuance, putting euro banknotes into circulation and arranging any necessary transfers of euro banknotes between NCBs. The synergy effects of such data collection should also enable the ECB to supply data, where so requested, to the institutions and bodies with competences with regard to euro coins. |
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(6) |
The procedure for collecting data related to euro banknotes needs to be improved, in particular by integrating certain elements of Article 2a of Guideline ECB/2008/8 (2) into Article 2 and by deleting elements that are no longer required. |
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(7) |
The procedure for collecting data related to euro coins should also be improved. |
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(8) |
A definition of the term ‘coin-issuing entities’ in line with Article 128(2) of the Treaty should be included for reasons of legal clarity. |
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(9) |
The procedure for collecting data related to cash infrastructure and operational activities of third parties should also be improved. Certain provisions defining when data needs to be reported for the first time and defining transitional periods are no longer required. |
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(10) |
Access to the Currency Information System 2 (CIS 2) will be restricted to the ECB, the NCBs and any future Eurosystem NCB. The possibility of granting access to eligible third parties will no longer be available. Interested third parties, such as the European Commission and coin issuing entities with regard to coin-related data, will be informed by the ECB's Directorate Banknotes. |
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(11) |
Further minor amendments are required to update the procedures for the collection of statistical information in the area of euro banknote and coin issuance. |
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(12) |
Therefore, Guideline ECB/2008/8 should be amended accordingly, |
HAS ADOPTED THIS GUIDELINE:
Article 1
Amendments
Guideline ECB/2008/8 is amended as follows:
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1. |
In Article 1 paragraph 1 is amended as follows:
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2. |
Article 2 is replaced by the following: ‘Article 2 Collection of data related to euro banknotes 1. NCBs shall report to the ECB the CIS 2 data related to euro banknotes, i.e. the data items specified in Part 1 of Annex I and in Annex VII, while observing the reporting frequency specified therein and the booking rules specified in Part 3 of Annex I. 2. NCBs shall transmit the monthly data identified as category 1 data and event-driven data related to euro banknotes no later than on the sixth working day of the month following the reporting period. 3. NCBs shall transmit the daily data identified as category 1 data and event-driven data related to euro banknotes no later than 5 p.m. Central European Time (CET) (*4) on the working day following the reporting period. 4. NCBs shall use the CIS 2 transmission mechanism to transmit data related to euro banknotes to the ECB pursuant to this Guideline. (*4) CET takes account of the change to Central European Summer Time.’;" |
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3. |
Article 2a is deleted; |
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4. |
Article 3 is replaced by the following: ‘Article 3 Collection of data related to euro coins 1. NCBs shall collect CIS 2 data related to euro coins, i.e. the data items specified in Part 1 of Annex II, from the relevant coin-issuing entities in their Member States. 2. NCBs shall report to the ECB the CIS 2 data related to euro coins on a monthly basis, while observing the booking rules specified in Part 3 of Annex II. 3. NCBs shall use the CIS 2 transmission mechanism to transmit data related to euro coins to the ECB in accordance with this Guideline.’; |
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5. |
Article 4 is amended as follows:
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6. |
in Article 5, paragraph 1 is replaced by the following: ‘1. An NCB shall include in the contractual arrangements which it concludes with a future Eurosystem NCB pursuant to Article 3(3) of Guideline ECB/2006/9 (*5), specific provisions on the reporting obligations laid down in that Guideline. Furthermore, the contractual arrangements shall require the future Eurosystem NCB to report to the ECB on a monthly basis the data items specified in Sections 4 and 5 of the table in Annex I and Sections 4 and 7 of the table in Annex II. The future Eurosystem NCB shall be required to report while observing mutatis mutandis the booking rules specified in Part 3 of Annex I and Part 3 of Annex II, related to any euro banknotes and/or coins which it borrows from and which have been delivered to it by an NCB. Where a future Eurosystem NCB has not concluded such contractual arrangements with an NCB, the ECB shall conclude such contractual arrangements with that future Eurosystem NCB, including the reporting obligations referred to in this Article. (*5) Guideline ECB/2006/9 of the European Central Bank of 14 July 2006 on certain preparations for the euro cash changeover and on frontloading and sub-frontloading of euro banknotes and coins outside the euro area (OJ L 207, 28.7.2006, p. 39).’;" |
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7. |
in Article 5, paragraph 4 is replaced by the following: ‘4. NCBs shall use the CIS 2 transmission mechanism to transmit data referred to in paragraph 1.’; |
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8. |
in Article 6, paragraph 3 is replaced by the following: ‘3. NCBs shall timely transmit to the ECB, where so requested, the system parameters specified in Annex IV and they shall also transmit to the ECB any subsequent change to the system parameters.’; |
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9. |
in Article 7, paragraph 1 is replaced by the following: ‘1. NCBs shall take appropriate measures to ensure the completeness and correctness of data required pursuant to this Guideline before transmitting them to the ECB. As a minimum, they shall perform:
The CIS 2 application shall reject data messages that do not contain category 1 data items as defined in Annexes I to III and Annex VII, which shall be reported for the respective reporting period.’; |
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10. |
Article 8 is replaced by the following: ‘Article 8 Access to the CIS 2 1. On receipt of an electronic user access request via the IAM and subject to the conclusion of the separate contractual arrangements described in paragraph 2, the ECB shall grant access to the CIS 2 for the individual users from each NCB and each future Eurosystem NCB, subject to availability and capacity. 2. The responsibility for the technical user management of individual users shall be laid down in separate contractual arrangements between the ECB and an NCB for its individual users and between the ECB and a future Eurosystem NCB for the latter's individual users. The ECB may also incorporate in these contractual arrangements references to user management arrangements, security standards and licensing conditions applicable to the CIS 2.’; |
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11. |
in Article 11, paragraph 2 is replaced as follows: ‘2. In accordance with Article 17.3 of the Rules of Procedure of the European Central Bank, the Executive Board shall be authorised to make technical amendments to the Annexes to this Guideline and to the specifications of the CIS 2 transmission mechanism, after taking into account the views of the Banknote Committee, the Legal Committee and the Information Technology Committee.’. |
Article 2
Taking effect and implementation
1. This Guideline shall take effect on the day of its notification to the national central banks of the Member States whose currency is the euro.
2. The Eurosystem central banks shall comply with this Guideline from 1 July 2016.
Article 3
Addressees
This Guideline is addressed to all Eurosystem central banks.
Done at Frankfurt am Main, 26 May 2016.
For the Governing Council of the ECB
The President of the ECB
Mario DRAGHI
(1) OJ L 332, 31.12.1993, p. 1. Articles 104 and 104b(1) of the Treaty establishing the European Community have been replaced by Article 126 of the Treaty on the Functioning of the European Union.
(2) Guideline ECB/2008/8 of 11 September 2008 on data collection regarding the euro and the operation of the Currency Information System 2 (OJ L 346, 23.12.2008, p. 89).