Decision (EU) 2022/1982 of the European Central Bank of 10 October 2022 on the use of services of the European System of Central Banks by competent authorities and by cooperating authorities, and amending Decision ECB/2013/1 (ECB/2022/34)

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) ‘participating competent authority’ means a competent authority that uses the ESCB services for the purpose of cooperating with the ESCB and with other competent authorities, in order to carry out its tasks within the Single Supervisory Mechanism (SSM), established pursuant to Regulation (EU) No 1024/2013; (4) ‘cooperating authority’ means a public authority, other than a central bank within the ESCB or a competent authority, with which the ESCB or the SSM cooperates in carrying out the tasks of the ESCB or of the ECB under Regulation (EU) No 1024/2013; (5) ‘ESCB services’ means any one or more of the electronic applications, systems, platforms, databases and services listed in Annex I; (6) ‘providing central bank’ means a central bank developing, running and maintaining an ESCB service; (7) ‘System Owner Committee’ means an ESCB Committee steering an ESCB service.

1 Competent authorities may use ESCB services for the purpose of cooperating with the ESCB or with each other in carrying out their tasks under Regulation (EU) No 1024/2013.

2 Competent authorities that use ESCB services shall comply with the requirements set out in Annex II. They 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 4. No such declaration shall be required if the competent authorities are subject to the requirements set out in Annex II by way of a decision of the Governing Council that competent authorities shall use ESCB services.

3 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.

4 NCAs that use ESCB services may participate in the proceedings of the respective System Owner Committee as observers in a consulting capacity. The System Owner Committee shall ensure that NCAs’ views are sufficiently reflected in the decision-making processes.

1 Subject to the approval of the Governing Council, a cooperating authority may use ESCB services for the purpose of cooperating with the ESCB or the SSM in carrying out the tasks of the ESCB and the tasks of the ECB under Regulation (EU) No 1024/2013.

2 Cooperating authorities that decide to use ESCB services shall submit a declaration to the Governing Council by which they confirm their participation and accept compliance with the related obligations, set out in Annex II, including the obligation to pay their contributions directly to the providing central bank in accordance with Article 4.

3 Cooperating authorities that decide to 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 a direct contractual relationship between the providing central banks and the cooperating authorities. Cooperating authorities shall not participate in the proceedings of the respective System Owner Committee.

Participating central banks and participating competent authorities shall bear 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. Where relevant, cooperating authorities shall contribute to the costs of the respective ESCB service in accordance with a specific reimbursement framework.

1 Subject to the approval of the Governing Council, a cooperating authority may use the ESCB-PKI services in order to access and use ESCB and Eurosystem electronic applications, systems, platforms, databases and services for the purpose of cooperating with the ESCB or with the SSM and may act for that purpose as a registration authority for its internal users.

2 Cooperating authorities that decide to use the ESCB-PKI services shall submit a declaration to the Governing Council by which they confirm their use of the services and accept compliance with the related obligations.

3 Cooperating authorities that decide to use the ESCB-PKI services shall comply with the applicable legal framework, including the Level 2 – Level 3 Agreement.’;

Participating central banks and participating competent authorities shall bear the costs of developing and operating the ESCB-PKI services according to a defined reimbursement framework, which is based on a cost allocation key, as further specified in the ESCB-PKI financial envelopes following the applicable reimbursement rules. Cooperating authorities shall contribute to the costs in accordance with a specific reimbursement framework.’.

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