emendrix

Art. 24b

European Market Infrastructure Regulation · 32012R0648 · every event for this act · on EUR-Lex

Consultation of central banks of issue

2 changes recorded across 2 events, newest first.

in force 2024-12-24 MODIFIED+267 −80

Amended by Regulation (EU) 2024/2987 32024R2987 · Regulation (EU) 2022/1671 32022R1671

applies from: unchanged

Paragraph 1 now extends the consultation duty to cover supervisory assessments conducted in relation to Articles 41, 44, 46, 50 and 54, not only decisions taken pursuant to those articles, and it ties the response deadline to receipt of the draft decision rather than to its transmission, while also requiring the CCP Supervisory Committee to consider any response received and to provide its assessment back to the central bank of issue.

Paragraph 2 now requires the CCP Supervisory Committee to submit to the Board of Supervisors the responses received from central banks of issue, in addition to the amendments proposed and the explanations for not taking them into account.

Cited: Art. 24b, v2 · Art. 24b, v1

text before / after

02012R0648-2022081202012R0648-20241224

Article 24b Consultation of central banks of issue 1. With regard to supervisory assessments conducted in relation to, and decisions to be taken pursuant to to, Articles 41, 44, 46, 50 and 54 in relation to Tier 2 CCPs, the CCP Supervisory Committee shall consult the central banks of issue referred to in Article 25(3), point (f) of Article 25(3). (f). Each central bank of issue may respond. Any response Where the central bank of issue decides to respond, it shall be received do so within 10 working days of the transmission receipt of the draft decision. In emergency situations, the aforementioned that period shall not exceed 24 hours. Where a central bank of issue proposes amendments or objects to assessments related to, or draft decisions pursuant to Articles 41, 44, 46, 50 and 54, it shall provide full and detailed reasons, in writing. Upon conclusion of the period for consultation, the CCP Supervisory Committee shall duly consider the response and any amendments proposed by the central banks of issue and provide its assessment to the central bank of issue. 2. Where the CCP Supervisory Committee does not reflect in its draft decision the amendments proposed by a central bank of issue, the CCP Supervisory Committee shall inform that central bank of issue in writing stating its full reasons for not taking into account the amendments proposed by that central bank of issue, providing an explanation for any deviations from those amendments. The CCP Supervisory Committee shall submit to the Board of Supervisors the responses received and the amendments proposed by central banks of issue and its explanations for not taking them into account together with its draft decision. 3. With regard to decisions to be taken pursuant to Articles 25(2c) and 85(6), the CCP Supervisory Committee shall seek the agreement of the central banks of issue referred to in point (f) of Article 25(3) for matters relating to the currencies they issue. The agreement of each central bank of issue shall be deemed to be given, unless the central bank of issue proposes amendments or objects within 10 working days of the transmission of the draft decision. Where a central bank of issue proposes amendments or objects to a draft decision, it shall provide full and detailed reasons, in writing. Where a central bank of issue proposes amendments with respect to matters relating to the currency it issues, the CCP Supervisory Committee may only submit to the Board of Supervisors the draft decision as amended with respect to those matters. Where a central bank of issue objects with respect to matters relating to the currency it issues, the CCP Supervisory Committee shall not include those matters in the draft decision it submits to the Board of Supervisors for adoption.

in force 2020-01-01 INSERTED

Amended by Regulation (EU) 2019/2099 32019R2099

applies from: unknown (an inserted provision states its own application date only in prose)

Sources disagree — the text comparison and the amending act's instructions found this change; the EU's own amendment metadata does not list it. All are shown; none is overruled.

This provision is entirely new text introducing Article 24b, which sets out procedures for the CCP Supervisory Committee to consult central banks of issue on certain draft decisions concerning Tier 2 CCPs, including response timeframes and treatment of proposed amendments or objections.

It also establishes a separate agreement-seeking procedure for decisions under specified articles, under which a central bank of issue's silence within a set period is treated as agreement, while proposed amendments or objections on matters relating to its own currency affect what the Committee may submit to the Board of Supervisors.

Cited: Art. 24b, v2

text before / after, on the event page →