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Agreement of 30 December 2006 between the European Central Bank and Banka Slovenije regarding the claim credited to Banka Slovenije by the European Central Bank under Article 30.3 of the Statute of the European System of Central Banks and of the European Central Bank

CELEX
32007X0125(01)
Document type
AGREE_INTERINSTIT
Sector
Legislation
Date of document
2006-12-30
In force since
2007-01-01
Status
In force

Text

Article-level text, parsed from the formex manifestation.

Article 1 Modalities for crediting Banka Slovenije's claim

1 If the amount of the claim that the ECB is required to credit to Banka Slovenije pursuant to Article 30.3 of the Statute and Article 4(1) of Decision ECB/2006/30 (hereinafter 'Banka Slovenije's claim' or the 'claim') is greater than EUR 183995237,74 on the final date on which the ECB receives foreign reserve assets from Banka Slovenije pursuant to Article 3 of Decision ECB/2006/30, then the amount of the claim shall be reduced with effect from that date to EUR 183995237,74. Such a reduction shall be made by offsetting against the claim the amount that Banka Slovenije is required to contribute to the ECB's reserves and provisions with effect from 1 January 2007 pursuant to Article 49.2 of the Statute and Article 5(1) of Decision ECB/2006/30. The offset amount shall be treated as an advance contribution to the ECB's reserves and provisions pursuant to Article 49.2 of the Statute and Article 5(1) of Decision ECB/2006/30, which shall be deemed to have been made on the date on which the offset occurs.

2 If the amount required to be contributed by Banka Slovenije to the ECB's reserves and provisions pursuant to Article 49.2 of the Statute and Article 5(1) of Decision ECB/2006/30 is less than the difference between: (a) the amount of Banka Slovenije's claim; and (b) EUR 183995237,74, then the amount of the claim shall be reduced to EUR 183995237,74: (1) by offsetting in accordance with paragraph 1 above; and (2) by the ECB paying Banka Slovenije an amount in euro equal to the amount of the shortfall remaining after such offset. Any amount required to be paid by the ECB in accordance with this paragraph shall be due with effect from 1 January 2007. The ECB shall, in due course, give instructions for the transfer of such an amount, and of net accrued interest thereon, through the Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET). Accrued interest shall be calculated on a daily basis, using the actual over-360-day method of calculation at a rate equal to the marginal interest rate used by the European System of Central Banks (ESCB) in that of its most recent main refinancing operation.

3 If the amount of Banka Slovenije's claim is less than EUR 183995237,74 on the final date on which the ECB receives foreign reserve assets from Banka Slovenije pursuant to Article 3 of Decision ECB/2006/30, then the amount of the claim shall be increased on that date to EUR 183995237,74. The increase shall be effected by Banka Slovenije paying the ECB an amount in euro equal to the difference. Any amount required to be paid by Banka Slovenije in accordance with this paragraph shall be due from 1 January 2007, and shall be paid in accordance with the procedures specified in Article 5(4) and (5) of Decision ECB/2006/30.

Article 2 Final provisions

1 This Agreement shall enter into force on 1 January 2007.

2 This Agreement shall be drawn up in two duly signed originals in the English language. The ECB and Banka Slovenije shall each retain one original hereof.

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