L’annexe I de la décision (UE) 2022/911 (BCE/2022/22) est modifiée comme suit:
1) La première partie est modifiée comme suit:
a) à l’article 18, le paragraphe 4 est remplacé par le texte suivant:
«4.
The Eurosystem provides a Contingency Solution for use if the events described in paragraph 1 occur. Connection to and use of the Contingency Solution may be made on request by a participant, and shall be mandatory in the following cases:
(a) for participants considered by the ECB to be critical and for participants that settle very critical transactions as set out in Appendix IV;
(b) with effect from 21 March 2025, for all AS and for all RTGS DCA holders.»
;
b) l’article 23 est remplacé par le texte suivant:
«Article 23
Duration and ordinary termination of participation and closure of accounts
1. Without prejudice to Article 24, participation in TARGET-ECB shall be for an indefinite period of time.
2. A participant may terminate any of the following at any time giving 14 business days’ notice thereof, unless it agrees a shorter notice period with the ECB:
(a) its entire participation in TARGET-ECB;
(b) one or more of its DCAs, RTGS AS technical accounts and/or TIPS AS technical accounts;
(c) one or more of its MCAs, except where the participant is an institution falling within the scope of Article 1 of Regulation (EU) 2021/378 (ECB/2021/1), in which case the participant shall continue to hold at least one MCA for the purpose of complying with the applicable minimum reserve requirements, provided that the participant continues to comply with Articles 4 and 5.
3. The ECB may terminate any of the following at any time giving three months’ notice thereof, unless it agrees a different notice period with the relevant participant:
(a) a participant’s entire participation in TARGET-ECB;
(b) one or more of a participant’s DCAs, RTGS AS technical accounts or TIPS AS technical accounts;
(c) one or more of a participant’s MCAs, provided that the participant continues to hold at least one MCA.
4. On termination of participation, the confidentiality duties laid down in Article 27 shall remain in force for a period of five years starting on the date of termination.
5. On termination of participation, the ECB shall close all TARGET accounts of the participant concerned in accordance with Article 25.»
;
c) à l’article 30 est inséré le paragraphe 1a suivant:
«1a.
From 21 March 2026, participants that are considered critical by the ECB shall, in addition to the technical connection referred to in paragraph 1, establish a second technical connection for contingency purposes to TARGET-ECB through a second NSP in accordance with the modalities set out in paragraph 1. The second technical connection may be via the second NSP’s low volume user to application (U2A) access.»
.
2) La deuxième partie est modifiée comme suit:
a) à l’article 2, le paragraphe 3 est remplacé par le texte suivant:
«3.
An MCA holder acting as co-manager shall fulfil the obligations of the MCA holder of the co-managed MCA under Part I, Article 5(1), point (a), Part I, Article 10(4), and Part I, Article 30(1) and (1a).»
;
b) à l’article 2, le paragraphe 4 est remplacé par le texte suivant:
«4.
The MCA holder of a co-managed MCA shall fulfil the obligations of a participant under Part I and Part II in respect of the co-managed MCA. In the event that the MCA holder does not have a direct technical connection to TARGET, Part I, Article 5(1), point (a), Part I, Article 10(4), and Part I, Article 30(1) and (1a) shall not apply.»
.
3) La septième partie est modifiée comme suit:
a) à l’article 1er, le paragraphe 5 est remplacé par le texte suivant:
«5.
An ancillary system may send instant payment orders, and positive recall answers to any TIPS DCA holder or TIPS AS technical account holder. An ancillary system shall receive and process instant payment orders, recall requests and positive recall answers from any TIPS DCA holder or TIPS AS technical account holder.»
;
b) à l’article 7, le paragraphe 1 est remplacé par le texte suivant:
«1.
A TIPS AS technical account holder may designate one or more reachable parties. Reachable parties shall have adhered to the SCT Inst scheme signing the SEPA Instant Credit Transfer Adherence Agreement and, if they are addressable in TARGET as RTGS DCA holders, addressable BIC holders or as entities referred to in Part III, Article 3(1), point (a) of Guideline (EU) 2022/912 (ECB/2022/8), having been authorised to use an RTGS DCA by way of multi-addressee access, they shall hold a TIPS DCA or be reachable via a TIPS DCA.»
.
4) À l’appendice VI, la section 6 (FEES FOR TIPS DCA HOLDERS) est remplacée par le texte suivant:
«6. FEES FOR TIPS DCA HOLDERS
1. Until 31 December 2023, the following fees apply:
(a) Fees for the operation of TIPS DCAs shall be charged to the party indicated as shown in the following table:
| Item | Rule applied | Fee per item (EUR)
| Settled instant payment order | Party to be charged: the owner of the TIPS DCA to be debited | 0,002
| Unsettled instant payment order | Party to be charged: the owner of the TIPS DCA to be debited | 0,002
| Settled positive recall answer | Party to be charged: the owner of the TIPS DCA to be credited | 0,002
| Unsettled positive recall answer | Party to be charged: the owner of the TIPS DCA to be credited | 0,002
(b) Liquidity transfer orders from TIPS DCAs to: MCAs; RTGS DCAs; sub-accounts; overnight deposit accounts; TIPS AS technical accounts; and T2S DCAs shall be free of charge.
2. With effect from 1 January 2024, fees for the operation of TIPS DCAs shall be charged as follows:
(a) For each TIPS DCA a monthly fixed fee of EUR 800 shall be charged to the holder of the TIPS DCA;
(b) For each reachable party designated by the TIPS DCA holder, up to a maximum of 50 reachable parties, a monthly fixed fee of EUR 20 shall be charged to the designating TIPS DCA holder. No fee shall be charged for the fifty-first or any subsequent reachable party;
(c) For each instant payment order or positive recall answer accepted by the [insert name of CB] as set out in Part I, Article 17, a fee of EUR 0,001 shall be charged to both the holder of the TIPS DCA to be debited and to the holder of the TIPS DCA or TIPS AS technical account to be credited, whether or not the instant payment order or positive recall answer settles;
(d) No fee shall be charged for liquidity transfer orders from TIPS DCAs to MCAs, RTGS DCAs, sub-accounts, overnight deposit accounts, TIPS AS technical accounts or T2S DCAs.».
5) À l’appendice VI, la section 7 (FEES FOR AS USING TIPS AS SETTLEMENT PROCEDURE) est remplacée par le texte suivant:
«7. FEES FOR AS USING TIPS AS SETTLEMENT PROCEDURE
1. Until 31 December 2023, the following fees apply:
(a) Fees for the use by an AS of the TIPS AS settlement procedure shall be charged to the party indicated as shown in the following table:
| Item | Rule applied | Fee per item (EUR)
| Settled instant payment order | Party to be charged: the owner of the TIPS AS technical account to be debited | 0,002
| Unsettled instant payment order | Party to be charged: the owner of the TIPS AS technical account to be debited | 0,002
| Settled positive recall answer | Party to be charged: the owner of the TIPS AS technical account to be credited | 0,002
| Unsettled positive recall answer | Party to be charged: the owner of the TIPS AS technical account to be credited | 0,002
(b) Liquidity transfer orders from TIPS AS technical accounts to TIPS DCAs shall be free of charge;
(c) In addition to the fees set out above, each AS shall be subject to a monthly fee based on the gross underlying volume of instant payments, near instant payments and positive recall answers settled in the AS’s own platform and enabled by the pre-funded positions on the TIPS AS technical account. The fee shall be EUR 0,0005 per settled instant payment, near instant payment or settled positive recall answer. For each month, each AS shall report the gross underlying volume of its settled instant payments, near instant payments and settled positive recall answers rounded down to the nearest ten thousand, at the latest by the third business day of the following month. The reported gross underlying volume shall be applied by the ECB to calculate the fee for the following month.
2. With effect from 1 January 2024, fees for the use by an AS of the TIPS AS settlement procedure shall be charged as follows:
(a) For each TIPS AS technical account a monthly fixed fee of EUR 3 000 shall be charged to the holder of the TIPS AS technical account;
(b) For each reachable party designated by the TIPS AS technical account holder, up to a maximum of 50 reachable parties, a monthly fixed fee of EUR 20 shall be charged to the designating TIPS AS technical account holder. No fee shall be charged for the fifty-first or any subsequent reachable party;
(c) For each instant payment order or positive recall answer accepted by the [insert name of CB] as set out in Part I, Article 17, a fee of EUR 0,001 shall be charged to both the holder of the TIPS AS technical account to be debited and to the holder of the TIPS AS technical account or TIPS DCA to be credited, whether or not the instant payment order or positive recall answer settles;
(d) No fee shall be charged for liquidity transfer orders from TIPS AS technical accounts to TIPS DCAs;
(e) In addition to the fees set out above, each AS shall be subject to a monthly fee based on the gross underlying volume of instant payments, near instant payments and positive recall answers settled in the AS’s own platform and enabled by the pre-funded positions on the TIPS AS technical account. For each month, each AS shall report the gross underlying volume of its settled instant payments, near instant payments and settled positive recall answers, rounded down to the nearest ten thousand, at the latest by the third business day of the following month. The reported gross underlying volume shall be applied by the ECB to calculate the unit fee per settled instant payment, near instant payment or settled positive recall answer for the previous month according to the following table:
| Reported gross underlying volume
| From | To | Unit Fee (EUR)
| 0 | 10 000 000 | 0,00040
| 10 000 001 | 25 000 000 | 0,00030
| 25 000 001 | 100 000 000 | 0,00020
| 100 000 001 | | 0,00015»