21.12.2010 |
EN |
Official Journal of the European Union |
L 336/63 |
GUIDELINE OF THE EUROPEAN CENTRAL BANK
of 13 December 2010
amending Guideline ECB/2000/7 on monetary policy instruments and procedures of the Eurosystem
(ECB/2010/30)
(2010/794/EU)
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to the Treaty on the Functioning of the European Union, and in particular to the first indent of Article 127(2) thereof,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Articles 12.1 and 14.3, in conjunction with the first indent of Article 3.1, Article 18.2 and the first paragraph of Article 20 thereof,
Whereas:
(1) |
Achieving a single monetary policy entails defining the instruments and procedures to be used by the Eurosystem, consisting of the national central banks (NCBs) of Member States whose currency is the euro (hereinafter the ‘participating Member States’) and the European Central Bank (ECB), in order to implement such a policy in a uniform manner throughout the participating Member States. |
(2) |
The ECB has the authority to establish the necessary guidelines to implement the Eurosystem’s monetary policy and the NCBs have an obligation to act in accordance with such guidelines. |
(3) |
Guideline ECB/2000/7 of 31 August 2000 on monetary policy instruments and procedures of the Eurosystem (1), should be amended to reflect changes to the Eurosystem’s monetary policy framework, in particular: (a) to introduce the eligibility criteria for the own use of non-UCITS compliant covered bank bonds with commercial mortgages as the underlying assets; (b) to add fixed-term deposits as eligible collateral for Eurosystem monetary policy operations and intraday credit; and (c) to amend Appendix 5 to Annex I to reflect the fact that Estonia will adopt the euro on 1 January 2011 and that the name of the Central Bank and Financial Services Authority of Ireland has changed, |
HAS ADOPTED THIS GUIDELINE:
Article 1
Amendments to Annex I
Annex I to Guideline ECB/2000/7 is amended in accordance with the Annex to this Guideline.
Article 2
Verification
1. The NCBs shall forward details of the texts and means by which they intend to comply with paragraphs 1, 3 and 4 of the Annex to this Guideline to the ECB by 31 December 2010 at the latest.
2. The NCBs shall forward details of the texts and means by which they intend to comply with paragraph 2 of the Annex to this Guideline to the ECB by 8 January 2011 at the latest.
Article 3
Entry into force
1. This Guideline shall enter into force 2 days after its adoption.
2. Paragraphs 1, 3 and 4 of the Annex to this Guideline shall apply from 1 January 2011.
3. Paragraph 2 of the Annex to this Guideline shall apply from 1 February 2011.
Article 4
Addressees
This Guideline is addressed to the NCBs of the participating Member States.
Done at Frankfurt am Main, 13 December 2010.
For the Governing Council of the ECB
The President of the ECB
Jean-Claude TRICHET
ANNEX
Annex I to Guideline ECB/2000/7 is amended as follows:
1. |
In Section 6.2.2, the first paragraph is replaced by the following: ‘Three types of non-marketable assets are eligible as collateral in the single framework for eligible assets: fixed-term deposits from eligible counterparties, credit claims and non-marketable retail mortgage-backed debt instruments (RMBDs) (*1). (*1) Between 1 January 2007 and 31 December 2011, an intermediate regime is in place for credit claims, allowing each NCB to choose the minimum threshold for the size of credit claims eligible for collateral purposes, apart from cross-border use, and to decide whether a handling fee should be applied. From 1 January 2012, a fully unified regime will be in place.’ " |
2. |
Section 6.2.3 is amended as follows:
|
3. |
In Section 6.4.3 the following sub-section is added: ‘ Fixed-term deposits Fixed-term deposits are not subject to any valuation haircut.’ |
4. |
The table in Appendix 5 is replaced by the following: ‘ The Eurosystem websites
|
(*1) Between 1 January 2007 and 31 December 2011, an intermediate regime is in place for credit claims, allowing each NCB to choose the minimum threshold for the size of credit claims eligible for collateral purposes, apart from cross-border use, and to decide whether a handling fee should be applied. From 1 January 2012, a fully unified regime will be in place.’
(*2) Residential real estate loan-backed structured covered bank bonds submitted before 10 October 2010 that do not comply with these criteria can continue to be used until 31 March 2011. Commercial mortgage loan-backed structured covered bank bonds submitted before 1 February 2011 that do not comply with these criteria can continue to be used until 31 March 2011.’ ’