Decision (EU) 2022/1981 of the European Central Bank of 10 October 2022 on the use of services of the European System of Central Banks by competent authorities (ECB/2022/33)

For the purposes of this Decision, the following definitions apply: (1) ‘competent authority’ means either a national competent authority or the European Central Bank (ECB); (2) ‘national competent authority’ (NCA) means a national competent authority as defined in point (2) of Article 2 of Regulation (EU) No 1024/2013 and, for the purposes of this Decision, also includes, in respect of the supervisory tasks assigned to them, national central banks that have been assigned certain supervisory tasks under national law and are not designated as NCAs; (3) ‘ESCB services’ means any one or more of the electronic applications, systems, platforms, databases and services listed in Annexes I and II; (4) ‘providing central bank’ means a central bank developing, running and maintaining an ESCB service.

1 Competent authorities shall use the ESCB services listed in Annex I for the purpose of carrying out their tasks under Regulation (EU) No 1024/2013.

2 Competent authorities may use the ESCB services listed in Annex II for the purpose of carrying out their tasks under Regulation (EU) No 1024/2013.

3 Competent authorities that decide to use ESCB services set out in Annex II shall submit a declaration to the Governing Council by which they confirm their participation and accept compliance with the related obligations, including the obligation to pay their contributions directly to the providing central bank in accordance with Article 3.

4 Competent authorities that use ESCB services shall comply with the legal framework governing each ESCB service, including the agreements between the participating and providing central banks. The agreements between the parties may establish direct contractual relationships between the providing central banks and the competent authorities.

5 When using the services listed in Annex I the competent authorities shall comply with the requirements set out in Annex III.

Competent authorities that use ESCB services shall contribute to 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.

This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.