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Agreement of 31 December 2007 between the European Central Bank and the Central Bank of Cyprus regarding the claim credited to the Central Bank of Cyprus 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
32008X0201(01)
Document type
AGREE_INTERINSTIT
Sector
Legislation
Date of document
2007-12-31
In force since
2008-01-01
Status
In force

Text

Article-level text, parsed from the formex manifestation.

Article 1 Modalities for crediting the Central Bank of Cyprus' claim

1 If the amount of the claim that the ECB is required to credit to the Central Bank of Cyprus pursuant to Article 30.3 of the ESCB Statute and Article 4(1) of Decision ECB/2007/22 (hereinafter the ‘Central Bank of Cyprus's claim’ or the ‘claim’) is greater than EUR 71950548,51 on the final date on which the ECB receives foreign reserve assets from the Central Bank of Cyprus pursuant to Article 3 of Decision ECB/2007/22, then the amount of the claim shall be reduced with effect from that date to EUR 71950548,51. Such a reduction shall be made by offsetting against the claim the amount that the Central Bank of Cyprus is required to contribute to the ECB's reserves and provisions with effect from 1 January 2008 pursuant to Article 49.2 of the ESCB Statute and Article 5(1) of Decision ECB/2007/22. The offset amount shall be treated as an advance contribution to the ECB's reserves and provisions pursuant to Article 49.2 of the ESCB Statute and Article 5(1) of Decision ECB/2007/22, 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 the Central Bank of Cyprus to the ECB's reserves and provisions pursuant to Article 49.2 of the ESCB Statute and Article 5(1) of Decision ECB/2007/22 is less than the difference between: (a) the amount of the Central Bank of Cyprus' claim; and (b) EUR 71950548,51, then the amount of the claim shall be reduced to EUR 71950548,51: (i) by offsetting in accordance with paragraph 1 above; and (ii) by the ECB paying the Central Bank of Cyprus 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 2008. 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/TARGET2). 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 Eurosystem in its most recent main refinancing operation.

3 If the amount of the Central Bank of Cyprus' claim is less than EUR 71950548,51 on the final date on which the ECB receives foreign reserve assets from the Central Bank of Cyprus pursuant to Article 3 of Decision ECB/2007/22, then the amount of the claim shall be increased on that date to EUR 71950548,51. The increase shall be effected by the Central Bank of Cyprus paying the ECB an amount in euro equal to the difference. Any amount required to be paid by the Central Bank of Cyprus in accordance with this paragraph shall be due from 1 January 2008, and shall be paid in accordance with the procedures specified in Article 5(4) and (5) of Decision ECB/2007/22.

Article 2 Final provisions

1 This Agreement shall enter into force on 1 January 2008.

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

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