2022-10-17
Added
The Bank of Portugal revokes Instruction No. 54/2012 and establishes the regulatory framework for TARGET-PT, the national component of the TARGET system, which replaces TARGET2 as of November 21, 2022. The instruction defines the types of accounts available for euro settlement, establishes a tripartite governance structure, and sets out operational rules including support services, participation conditions, and intraday credit provisions for participants in the Portuguese payment system.
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Payment Systems :: Large-Value Payment System Mod. 99999911/T – 01/14
Text of the Instruction Annex I to the Instruction HARMONIZED CONDITIONS FOR PARTICIPATION IN TARGET-PT
Subject: TARGET-PT Regulation
The ECB Guideline (EU) 2022/912 of 24 February 2022¹, relating to a new generation trans-European automated real-time gross settlement transfer system (TARGET), has implemented the consolidation project of the TARGET2 and TARGET2-Securities systems, benefiting from cutting-edge approaches and technological innovation, allowing for a reduction in their operational costs and an improvement in liquidity management across their various services.
As is already the case for TARGET2, TARGET shall be legally structured as a multiplicity of payment systems, in which all its component systems are harmonized to the maximum extent.
TARGET replaces TARGET2 as of 21 November 2022. The ECB Guideline 2012/27, which established TARGET2, must therefore be repealed.
¹ Guideline (EU) 2022/912 of the European Central Bank of 24 February 2022.
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In this context, acting in accordance with ECB Guideline 2022/8, the Bank of Portugal, in order to regulate the functioning of the national component system of TARGET – TARGET-PT, and using the competence attributed by Article 14 of the Organic Law of the Bank of Portugal, approved by Law No. 5/98 of 31 January, which confers powers to regulate, supervise and promote the proper functioning of payment systems, notably within the scope of its participation in the ESCB, hereby revokes Instruction No. 54/2012 of 15 January 2013, which regulates TARGET2-PT, and determines the following:
Article 1. Object and scope of application
TARGET provides the following accounts for settlement in euros in central bank money: a) Primary cash accounts (PCA) for the settlement of operations with central banks; b) Dedicated cash accounts for real-time gross settlement (DCA LBTR) and sub-accounts for interbank and customer payments in real time and settlement of operations with peripheral systems (PS); c) Technical accounts for peripheral systems of real-time gross settlement (technical PS LBTR accounts), technical accounts for the peripheral system of the TARGET immediate payment settlement service (TIPS) (technical PS TIPS accounts) and guarantee fund accounts for peripheral systems (PS guarantee fund accounts) for the settlement of operations with PS; d) Dedicated cash accounts of TARGET2-Securities (DCA T2S) for cash payments related to securities transactions; and e) Dedicated cash accounts of the TARGET immediate payment settlement service (DCA TIPS) for the settlement of immediate payments.
Article 2. Definitions
For the purposes of this Instruction, each of the following terms has the meaning attributed to it in Annex III:
Article 3. Component systems of TARGET
Article 4. Connection of CBs of Member States whose currency is not the euro
CBs of Member States whose currency is not the euro may only connect to TARGET on condition that they conclude an agreement with the CBs of the Eurosystem for this purpose. The aforementioned agreement shall specify that connected CBs are subject to compliance with the provisions of Guideline ECB/2022/8, without prejudice to any appropriate specifications and modifications mutually agreed upon.
Article 5. Intra-ESCB operations
Intra-ESCB operations shall be processed through TARGET, with the exception of payments that CBs bilaterally agree to process through correspondent accounts, where applicable.
Article 6. Intra-Eurosystem rights and obligations
² Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems (OJ L 166 of 11.6.1998, p. 45).
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Article 7. Governance levels
Article 8. System support service
Each CB of the Eurosystem establishes and maintains a system support service to provide assistance to participants in its respective national component system of TARGET. The support service is provided at least between 7:00 a.m. Central European Time (CET) and 6:15 p.m. CET. This schedule will be extended until 6:30 p.m. CET on the last day of the Eurosystem reserve maintenance period.
Article 9. Harmonized Conditions for Participation in TARGET
³ Regulation (EU) 2021/378 of the European Central Bank of 22 January 2021 on the application of minimum reserve requirements (ECB/2021/1) (OJ L 73 of 3.3.2021, p. 1).
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Article 10. Intraday credit — Self-guarantee
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application of Article 158 of Guideline (EU) 2015/510 (ECB/2014/60) 4, the competent Euro area NCB must, with regard to intraday credit access, apply that decision in accordance with the contractual or regulatory provisions applied by itself.
Whenever a Euro area NCB decides to suspend, limit or terminate the access of a Eurosystem monetary policy counterparty to intraday credit or to auto-collateralisation facilities, in accordance with Annex I to Guideline ECB/2022/8, Part II, Article 13(3), or with Annex I to Guideline ECB/2022/8, Part IV, Article 11, respectively, that decision shall not take effect unless it has been approved by the Governing Council of the ECB.
By way of derogation from paragraph 9, in urgent situations a Euro area NCB may suspend access to intraday credit and/or to auto-collateralisation facilities of a Eurosystem monetary policy counterparty with immediate effect. In such cases, the Euro area NCB concerned shall notify the Governing Council of the ECB in writing of that fact immediately. The Governing Council of the ECB may revoke the decision of the Euro area NCB. However, if the Governing Council of the ECB does not send to the Euro area NCB the communication of that cancellation within ten working days from receipt of its notification, it shall be presumed that the Governing Council of the ECB has approved the decision.
The Governing Council of the ECB may decide to waive the pecuniary sanctions provided for in Annex I to Guideline ECB/2022/8, Part II, Article 12(4), or to reduce them, if the debtor balance of the entity in question at the end of the day is attributable to force majeure and/or to a TARGET failure, as defined by that expression in Annex III to Guideline ECB/2022/8.
Article 11 Additional conditions for SPs
In addition to those set out in Article 9(1) to (9), the following provisions shall apply to the relations between the Eurosystem NCBs and the SPs, including SPs operated by Eurosystem NCBs.
The Eurosystem NCBs provide fund transfer services in central bank money to SPs acting in that capacity. These services must be made available: a) Through the settlement procedures for SPs TIPS only to support the settlement of immediate payments under the SEPA Instant Credit Transfer mechanism or of near-instant payments in the records of the SPs; or b) Through the settlement procedures for SPs LBTR for all other cases.
The Eurosystem NCBs may, on an exceptional basis and after approval by the Level 2 body referred to in Annex II to Guideline ECB/2022/8, approve the use of CND LBTR by an SP, except with regard to the settlement of immediate payments under the SEPA Instant Credit Transfer mechanism. The SP’s application for authorisation must be justified. If the application
4 Guideline (EU) 2015/510 of the European Central Bank of 19 December 2014 on the framework for the implementation of the monetary policy of the Eurosystem (General Documentation Guideline) (ECB/2014/60) (OJ L 091 of 2.4.2015, p. 3).
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is granted, the prices set out in Annex I to Guideline ECB/2022/8, Appendix VI, point 4 shall apply.
Each Eurosystem NCB shall open a sub-account at the request of any settlement bank for which it holds a CND LBTR, if the settlement bank’s SP participates in the TARGET component system of that Euro area NCB or in another TARGET component system.
In addition to the conditions set out in Annex I to Guideline ECB/2022/8, the Eurosystem NCBs may establish conditions for SP participation in TARGET related to: a) Contingency and business continuity procedures; b) The nature of the right to funds held in a TARGET account when they do not form part of the SP’s assets; c) The exercise of pledge and set-off rights by the NCBs over TARGET accounts held by or on behalf of SPs; d) The collection and distribution of accrued interest; e) Regulatory requirements (including supervision) applicable to SPs or to SP settlement banks (including those applied by foreign regulators); f) The exchange of information to verify compliance with a Eurosystem policy.
The Eurosystem NCBs shall exchange information among themselves on all significant facts occurring during the settlement process in the SP.
Article 12 Financing and cost calculation method
The Governing Council of the ECB determines the rules applicable to the financing of TARGET.
The Governing Council of the ECB sets the TARGET pricing structure using a common Eurosystem cost methodology.
Article 13 Security standards
The Eurosystem NCBs must comply with the measures specified by the Governing Council of the ECB that establish the security policy and the security requirements and controls applicable to TARGET, notably with regard to cyber-resilience and information security.
Article 14 Audit rules
Audits shall be carried out in accordance with the principles and provisions set out in the SEBC Audit Policy established by the Governing Council of the ECB.
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Article 15 Obligations in case of suspension or termination of participation
The Eurosystem NCBs must, with immediate effect, cancel or suspend the participation of a participant in the relevant TARGET component system if: a) Insolvency proceedings are initiated against that participant; or if b) The participant fails to comply with the participation conditions in the relevant TARGET component system.
If a Eurosystem NCB suspends or terminates the TARGET participation of a participant in accordance with paragraph 1, or for prudential reasons in accordance with Article 17, it shall immediately notify all other Eurosystem NCBs of that fact, providing all of the following information: a) The name and BIC of the participant; b) The information on which the Euro area NCB based its decision, including any information or opinion obtained from the competent supervisory authority; c) The measure taken and the proposed temporal application thereof. Each of the Eurosystem NCBs shall exchange information relating to that participant, including data on payment orders for which it is the beneficiary, with any other Eurosystem NCB that so requests.
A Eurosystem NCB that has cancelled or suspended the participation of a participant in its TARGET component system in accordance with paragraph 1 shall assume responsibility towards the other Eurosystem NCBs if: a) It subsequently authorises the settlement of payment orders in favour of the participant whose participation has been suspended or cancelled; or if b) It fails to comply with the obligations set out in paragraphs 1 and 2.
A Eurosystem NCB that has suspended the participation of a participant in its relevant TARGET component system in accordance with paragraph 1(a) may only process payment orders from that participant upon instructions from its representatives, including representatives appointed by a competent authority or by a judicial body, such as the participant’s insolvency administrator, or in accordance with an enforceable decision of a competent authority or judicial body containing instructions on how the payments must be processed. The Eurosystem NCBs shall reject all payment orders issued by the CND TIPS of a suspended participant.
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Article 16 Procedures for rejecting a TARGET participation application based on prudential considerations
If, in accordance with Annex I to Guideline ECB/2022/8, Part I, Article 5(5)(c), a Eurosystem NCB rejects a TARGET participation application based on prudential considerations, it must promptly inform the ECB of that rejection.
Article 17 Procedures for the suspension, restriction or cancellation for prudential reasons of TARGET participation and access to intraday credit and auto-collateralisation
If, for prudential reasons, a Euro area NCB suspends, restricts or cancels a participant’s access to intraday credit in accordance with Annex I to Guideline ECB/2022/8, Part II, Article 13(1)(c), or to auto-collateralisation in accordance with Annex I to Guideline ECB/2022/8, Part IV, Article 11, or if a Eurosystem NCB suspends or cancels a participant’s TARGET participation in accordance with Annex I to Guideline ECB/2022/8, Part I, Article 25(2)(e), such decision shall take effect simultaneously, as far as possible, in all TARGET component systems.
The Euro area NCB must promptly provide the information set out in Article 15(2) to the competent supervisory authorities of the Member State to which it belongs, accompanied by a request that they share the information with the supervisory authorities of other Member States in which the participant has a branch or subsidiary. In light of the decision referred to in paragraph 1, the other Euro area NCBs must take appropriate measures and promptly inform the ECB thereof.
The Executive Board of the ECB may propose to the Governing Council of the ECB to adopt the necessary measures to ensure the uniform application of measures taken in accordance with paragraphs 1 and 2.
The Euro area NCBs of the Member States in which the decision is to be implemented must inform the participant of the decision and take the necessary implementation measures.
Article 18 Procedures for cooperation by Eurosystem NCBs related to administrative or restrictive measures
With regard to the application of Annex I to Guideline ECB/2022/8, Part I, Article 29(3):
The Eurosystem NCBs must promptly share with all potentially affected NCBs all information they receive relating to the proposed payment order, with the exception of liquidity transfer orders between different accounts of the same participant;
A Eurosystem NCB that receives proof from a participant that notification has been made to any competent authority, or that consent has been received from any competent authority, shall promptly communicate such proof to any other NCB acting as the payer’s or payee’s payment service provider, as the case may be;
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Article 19 Contingency and business continuity procedures
If any event affects the normal functioning of TARGET, the Eurosystem NCB concerned must immediately notify the TARGET Coordinator, who shall decide, jointly with the TARGET Settlement Manager of that Eurosystem NCB, on additional measures to be taken.
The Eurosystem NCBs shall report to the TARGET Coordinator any failures relating to a participant referred to in Annex I to Guideline ECB/2022/8, Appendix IV, points 2.4, 3.3 or 4.2, no later than 30 minutes after the start of the failure, or at the first opportunity after the failure is detected, if that failure is likely to affect the functioning of TARGET or cause systemic risk, or if the participant has been designated as a critical participant by the Eurosystem NCBs based on criteria periodically updated and published on the ECB website.
In exceptional circumstances, the Eurosystem NCBs may decide to alter the TARGET operating schedule for reasons including, among others, a failure affecting an SP. This decision shall be taken collectively by the Eurosystem NCBs.
In the event of any other occurrences likely to affect the normal functioning of TARGET, the Eurosystem NCB concerned shall monitor and manage those occurrences with the aim of avoiding any impact on the proper functioning of TARGET.
The Eurosystem NCBs must remain connected to the Contingency Solution.
Article 20 Handling of compensation claims under the TARGET compensation scheme
Unless the Governing Council of the ECB decides otherwise, the compensation procedure established in Annex I to Guideline ECB/2022/8, Appendix II shall be managed in accordance with the provisions of this Article.
The NCB of the participant that submitted the compensation claim must carry out a preliminary assessment of it and communicate it to the participant. Whenever necessary for the assessment of compensation claims, the NCB in question shall be assisted by other affected NCBs. The NCB in question must inform the ECB and all other affected NCBs as soon as it becomes aware that compensation claims have been submitted.
Within nine weeks from the occurrence of the TARGET technical failure, the NCB of the participant submitting the compensation claim must prepare a preliminary assessment report containing the assessment of the compensation claims received and submit it to the ECB and all other interested NCBs.
Within five weeks from the date of receipt of the preliminary assessment report, the Governing Council of the ECB shall assess all compensation claims received and decide on the compensation proposals to be presented to the interested participants. Within five working days from the date of completion of the final assessment, the ECB communicates the result of the assessment to the affected NCBs. Those NCBs must promptly inform their respective participants of the result of the final assessment and, if applicable, communicate the details of the compensation proposal, together with the acceptance letter template.
Within two weeks from the expiry of the period provided for in the last sentence of Annex I to Guideline ECB/2022/8, Appendix II, point 4(c), the NCB communicates to the ECB and to all other interested NCBs the compensation proposals that have been accepted and the compensation proposals that have been rejected.
The NCBs shall inform the ECB of any compensation claims submitted to them by their respective participants not included in the scope of the TARGET compensation scheme, but related to a TARGET technical failure.
Article 21 Treatment of losses caused by TARGET failure
In the event of a TARGET failure: a) On the payer side, any NCB in which the payer has made a deposit benefits from certain financial proceeds corresponding to the difference between the interest rate on the Eurosystem main refinancing operations and the deposit rate applied to the amount of the marginal increase in the use of the Eurosystem deposit facility during the period of the TARGET failure and up to the amount of unsettled payment orders. If the payer retains unremunerated excess funds, the financial proceeds correspond to the interest rate on the Eurosystem main refinancing operations, applied to the amount of the unremunerated excess funds during the period of the TARGET failure and up to the amount of unsettled payment orders. b) On the payee side, the payee’s NCB that has obtained credit using the permanent lending facility benefits from the financial proceeds corresponding to the difference between the interest rate of the permanent lending facility and the interest rate on the Eurosystem main refinancing operations, applied to the amount of the marginal increase in the use of the permanent lending facility during the period of the TARGET failure and up to the amount of unsettled payment orders.
The ECB’s financial proceeds correspond to: a) The revenues from linked NCBs resulting from the remuneration difference of end-of-day balances between those linked NCBs and the ECB; and b) The amount of penalty interest that the ECB receives from linked NCBs whenever one of those NCBs imposes a pecuniary sanction on a participant for the late repayment of intraday credit, as provided for in the agreement between the Eurosystem NCBs and the linked NCBs.
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Article 22 Security rights in relation to funds deposited in sub-accounts and intra-Eurosystem collateral
For the purposes of settling payment instructions related to the settlement procedure C for SPs of LBTR, any Eurosystem NCB that has opened sub-accounts for their holders of CND LBTR must ensure that the balances of those sub-accounts (including the increase or decrease in the value of that balance by crediting or debiting the sub-account with the value of inter-system settlement payments or still by crediting settlement transfers to the sub-account) at the moment when the SP starts a processing cycle can only be used for the settlement of payment orders of the SP relating to procedure C in an SP of LBTR. The provisions of this paragraph apply notwithstanding the opening of insolvency proceedings against a holder of CND LBTR and despite any individual enforcement measure regarding the sub-account of that holder of CND LBTR.
Each time liquidity is transferred to the sub-account of a holder of CND LBTR and the Eurosystem NCB is not the SP’s NCB, that Eurosystem NCB must, after receiving communication from the SP (via a “start of cycle” message), confirm to the relevant SP the balance of the sub-account and, in doing so, guarantee to the SP’s NCB the execution of payments up to the amount of that balance. The confirmation of the balance to the SP also implies a legally binding declaration of intent by the peripheral system NCB that such NCB guarantees to the SP the execution of payments up to the amount of the confirmed balance. By confirming the increase or decrease of that balance by crediting or debiting the sub-account with the value of inter-system SP settlement transfer orders to or from the sub-account, or still by crediting settlement transfers to the sub-account, both the Eurosystem NCB that is not the SP’s NCB and the SP’s NCB declare an increase or reduction of the collateral by the value of the payment. Both guarantees shall be irrevocable, unconditional and payable on demand. Both guarantees shall expire after communication by the SP that settlement has been completed (via a “end of cycle” message).
SECTION IV FINAL AND TRANSITIONAL PROVISIONS
Article 23 Dispute resolution and applicable law
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In derogation of paragraph 1, if a dispute regarding the allocation of responsibilities between Level 2 and Level 3 cannot be resolved by agreement between the parties involved, the Governing Council of the ECB shall decide the matter.
In the case of conflicts of the type referred to in paragraph 1, the rights and duties of each of the parties shall be determined, first of all, by the rules and procedures established in ECB Guideline 2022/8. In disputes between TARGET component systems regarding cash transfer orders, the law of the Member State in which the seat of the Eurosystem NCB of the beneficiary is located shall apply subsidiarily, provided it is compatible with the provisions of ECB Guideline 2022/8.
Article 24 Repeal of Banco de Portugal Instruction No. 54/2012
This Instruction repeals Banco de Portugal Instruction No. 54/2012 of 15 January 2013.
References to the repealed Instruction shall be construed as references to this Instruction.
Article 25 Entry into force and application
Text amended by Instruction No. 17/2022, published in BO No. 11/2022 Supplement, of 21 November.
Article 26 Miscellaneous and transitional provisions
a) The balances of TARGET2 MP accounts shall be transferred to the relevant CNPs indicated by the participants; b) TARGET2 TIPS CNDs shall become TIPS CNDs; c) TARGET2 T2S CNDs shall become T2S CNDs; d) The TARGET2 technical accounts, the TARGET2 SP TIPS technical accounts and the TARGET2 guarantee fund accounts for SP settlement procedures shall become, respectively, SP LBTR technical accounts, SP TIPS technical accounts and SP guarantee fund accounts; e) The balances of participants' domestic accounts shall be transferred to the relevant CNPs indicated by the participants;
Participants shall not suffer losses nor obtain profits as a result of the balance transfer provided for in paragraph 1.
Intra-Eurosystem obligations arising from the settlement of payments between participants in different TARGET2 component systems in accordance with Article 6 of ECB Guideline 2012/27 shall continue to be recorded in TARGET in accordance with Article 6 of ECB Guideline 2022/8.
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Without prejudice to the provisions of Annex I, Part I, Article 5(1)(d) and (e) of ECB Guideline 2022/8, the national legal opinions and opinions regarding legal capacity requested by Eurosystem NCBs in accordance with Article 13 of ECB Guideline 2012/27 or Annex II, Article 8(2), Annex II-A, Article 6(2) and Annex II-B, Article 6(2) of ECB Guideline 2012/27, respectively, shall remain valid for the purposes of ECB Guideline 2022/8.
Without prejudice to the provisions of Annex I, Part II, Article 10(2)(d) of ECB Guideline 2022/8, the intraday credit access granted by the Governing Council in accordance with Annex III, point 2(e) of ECB Guideline 2012/27 shall remain valid.
Groups recognized by the Governing Council in accordance with the definition of 'group' in Annex II, Article 1 of ECB Guideline 2012/27 shall continue to be recognized and considered as banking groups for the purposes of ECB Guideline 2022/8.
Article 27 Addressees
The addressees of this Instruction are the TARGET-PT Participants.
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Annex to the Instruction HARMONIZED CONDITIONS FOR PARTICIPATION IN TARGET-PT PART I GENERAL TERMS AND CONDITIONS
Article 1 Scope
The terms and conditions established in this Part I regulate the relationships between Banco de Portugal and its respective participants in TARGET-PT. The terms and conditions established in the following Parts II, III, IV, V, VI and VII apply to the extent that participants opt for, and obtain one or more accounts described in those Parts. The terms and conditions established in Parts I to VII of this Annex are collectively referred to in this Instruction as the 'Harmonized Conditions' or 'Conditions'.
Article 2 Appendices
Appendix I: Technical specifications for the processing of cash transfer orders Appendix II: TARGET clearing scheme Appendix III: Terms of reference for national legal opinions and opinions regarding legal capacity Appendix IV: Contingency and business continuity procedures Appendix V: TARGET operating hours Appendix VI: Price list Appendix VII: Requirements relating to information security management and business continuity management
Article 3 General description of TARGET
In legal terms, TARGET is composed of a multiplicity of payment systems — the TARGET component systems — each of which is designated as a 'system' under national laws transposing Directive 98/26/EC.
TARGET includes euro payment systems that carry out settlements in central bank money and provide centralized liquidity management services, real-time gross settlement services for payments and settlement services for SP, and allow for cash payments related to the settlement of securities and the settlement of instant payments.
TARGET provides:
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a) CNPs for the settlement of central bank operations; b) LBTR CNDs for real-time gross settlement of large-value payments, and sub-accounts, if necessary for settlement in SP; c) T2S CNDs for cash payments related to the settlement of securities; d) TIPS CNDs for the settlement of instant payments; and e) The following SP settlement accounts: i) SP LBTR technical accounts; ii) SP guarantee fund accounts; and iii) SP TIPS technical accounts.
Each account in TARGET-PT shall be identified by a unique account number consisting of the elements described in Appendix I, point 2.
Article 4 Access criteria
a) Credit institutions established in the Union or in the EEA, even when operating through a branch established in the Union or in the EEA; b) Credit institutions established outside the EEA, provided they operate through a branch established in the Union or in the EEA; c) NCBs of Member States and the ECB;
provided that the entities referred to in points (a) and (b) are not subject to restrictive measures adopted by the Council of the European Union or by Member States in accordance with Article 65(1)(b), Article 75 or Article 215 of the Treaty, the application of which, in the opinion of Banco de Portugal, which informs the ECB of this fact, is incompatible with the proper functioning of TARGET.
a) Treasury departments of central or regional governments of Member States; b) Public sector entities of Member States authorized to maintain accounts on behalf of clients; c) i) investment firms established in the Union or in the EEA, even when operating through a branch established in the Union or in the EEA; and ii) investment firms established outside the EEA, provided they operate through a branch established in the Union or in the EEA; d) SP management entities acting in that capacity; and e) Credit institutions or any entities of the types listed in points (a) to (d), in both cases if established in a country with which the Union has concluded a monetary agreement allowing any of these entities access to Union payment systems, subject to the conditions established in the monetary agreement and provided that the legal regime of that country and the applicable Union legislation are equivalent.
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Article 5 Application process
a) Install, manage, operate, control and ensure the security of the computer infrastructure necessary to connect and submit cash transfer orders to TARGET-PT. Candidates may involve third parties in this process, but the responsibility shall be solely and exclusively that of the former; b) Have passed the tests required by Banco de Portugal; c) If it is a candidate for an LBTR CND, a T2S CND or a TIPS CND, it must also possess or open a CNP at Banco de Portugal; d) Submit an opinion regarding its legal capacity, in accordance with the model set out in Appendix III, unless the information and declarations to be contained in said opinion have already been obtained by Banco de Portugal in another context; e) The entities referred to in Article 4(1)(b) and Article 4(2)(c)(ii) must submit a national legal opinion according to the model set out in Appendix III, unless the information and declarations to be contained in said opinion have already been obtained by Banco de Portugal in another context; f) If it is a candidate for a TIPS CND, it must have adhered to the SEPA instant credit transfers mechanism and subscribed to the agreement for adherence to the SEPA instant credit transfers mechanism; g) If it is a candidate for an SP TIPS technical account, it must have provided evidence that it has submitted to the European Payments Council a letter of information demonstrating its intention to be a Clearing and Settlement Mechanism (CSM) that meets the requirements of the SEPA instant credit transfers mechanism.
a) Reference data collection forms provided by Banco de Portugal duly completed; b) Opinion regarding its legal capacity, if required by Banco de Portugal and national legal opinion, if required by Banco de Portugal; c) If it is a TIPS CND candidate, evidence of adherence to the SEPA instant credit transfers mechanism; d) If the candidate requests the use of the SP TIPS settlement procedure, evidence that it has submitted to the European Payments Council a letter of information demonstrating its intention to be a clearing and settlement mechanism in accordance with the SEPA instant credit transfers mechanism; e) If the candidate designates a paying agent, evidence that the same has accepted to act in that capacity.
i) Part III (LBTR CND); ii) Part IV (T2S CND); iii) Part V (TIPS CND); iv) Part VI (SP LBTR technical account); and/or v) Part VII (SP TIPS technical account), must comply with the provisions of paragraphs 1 and 2 to the extent necessary for the new account to which they apply.
Banco de Portugal may also require any additional information that it deems necessary to decide on the application for the opening of a TARGET account.
Banco de Portugal shall reject the application for participation if:
a) The candidate is not an entity eligible within the meaning of Article 4(1), nor an entity that may be admitted by Banco de Portugal in accordance with Article 4(2); b) One or more of the participation requirements referred to in paragraph 1 have not been met; and/or c) In the opinion of Banco de Portugal, such participation could compromise the overall stability, solidity and security of TARGET-PT or any other TARGET component system, prejudice the performance of the duties of Banco de Portugal as described in Article 14 of the Organic Law of Banco de Portugal, approved by Law No. 5/98 of 31 January, and in the Statutes of the European System of Central Banks and of the European Central Bank or constitute a prudential risk of any nature.
Article 6 Participants
Participants that are not SP must hold at least one CNP with Banco de Portugal and may also be holders of one or more LBTR CNDs, T2S CNDs and/or TIPS CNDs with Banco de Portugal.
SPs that use the settlement procedures for SP LBTR or the settlement procedure for SP TIPS shall be subject to the terms and conditions established in this Part, as well as in Part VI or Part VII, respectively. They may hold one or more CNPs, T2S CNDs and, exceptionally, and if approved by Banco de Portugal, one or more LBTR CNDs, except with regard to the clearing of instant payments under the SEPA instant credit transfers mechanism. If an SP holds an LBTR CND or a T2S CND, it must also be the holder of at least one CNP with Banco de Portugal. In the case of an SP being the holder of one or more CNPs, LBTR CNDs, or T2S CNDs, the relevant Parts of these Conditions shall also apply to them.
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Article 7 Access to a participant's account by other entities
To the extent technically possible, a participant may provide access to its TARGET accounts to one or more entities designated by it, for the purpose of submitting cash transfer orders and performing other acts.
Cash transfer orders submitted or funds received by the entities designated by a participant referred to in paragraph 1 shall be considered as orders submitted or funds received by the participant itself.
The participant shall be bound by the cash transfer orders in question and by any other acts performed by the entity or entities referred to in paragraph 1, regardless of their content or any eventual breach of provisions, contractual or otherwise, between the participant and such entities.
Article 8 Billing
Banco de Portugal shall identify the items subject to billing in accordance with Appendix VI and assign each of them to the participant who originated them.
Any fee payable for a cash transfer order submitted by an SP or for a cash transfer received by an SP, regardless of whether it uses the SP LBTR settlement procedures or an LBTR CND, shall be charged exclusively to that SP.
The items subject to billing generated by the acts performed by the entities designated referred to in Article 7, as well as by central banks acting on behalf of a participant, shall be attributed to that participant.
Banco de Portugal shall issue separate invoices to the participant regarding the relevant services referred to: i) Part III (LBTR CND); ii) Part IV (T2S CND); iii) Part V (TIPS CND); iv) Part VI (SP LBTR settlement procedures); and v) Part VII (SP TIPS settlement procedure).
Banco de Portugal shall settle each invoice by direct debit from a CNP held by the participant, unless the participant has designated another participant in TARGET (TARGET-PT or another TARGET component system) as a paying agent and has given instructions to Banco de Portugal to debit the CNP of that third-party payer. Such instructions do not exonerate the participant from its obligation to pay each invoice.
If it has designated a paying agent, the participant shall provide Banco de Portugal with proof that the paying agent has accepted to act in that capacity.
For the purposes of this Article, each SP shall be treated separately, even if two or more SPs are operated by the same legal entity, and regardless of whether the SP has been designated as such under Directive 98/26/EC. An SP that has not been designated under Directive 98/26/EC shall be considered as an SP with reference to the following parameters: a) existence of a formal agreement, based on a contractual or legislative instrument (for example, an agreement between participants and the system operator); b) plurality of members; c) existence of common rules and standardized agreements; and d) purpose of clearing,
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clearing with novation (netting) and/or settlement of payments and/or securities between participants.
Article 9 Billing groups
At the request of the participant, Banco de Portugal shall create a billing group to allow its members to benefit from the progressive prices applicable to LBTR CNDs. The billing group may only include holders of LBTR CNDs belonging to the same banking group, of one or more TARGET component systems.
At the request of the holder of an LBTR CND, Banco de Portugal shall include that holder of an LBTR CND in a billing group that may be located in TARGET-PT or in any other TARGET component system, or remove it from the same. The holder of an LBTR CND must inform all other members of the billing group of this request before submitting it.
Holders of LBTR CNDs included in a billing group shall be sent individual invoices, in accordance with the provisions of Article 8.
Article 10 Obligations of Banco de Portugal and participants
Banco de Portugal shall offer the services described in Parts II, III, IV, V, VI and VII of these Conditions, in the event that the participant has opted for one of the accounts to which those Parts refer and that same account has been granted to it. Unless otherwise provided by these Conditions or by legal imperative, Banco de Portugal shall use all reasonable means at its disposal to fulfill the obligations incumbent upon it by virtue of these Conditions, but without guarantee of result.
Banco de Portugal is the service provider under these Conditions. The acts and omissions of Level 3 NCBs are considered acts and omissions of Banco de Portugal, for which it assumes responsibility in accordance with Article 22. Participation under these Conditions does not generate any contractual relationship between participants and Level 3 NCBs when any of them acts in this capacity. Instructions, messages or information that a participant receives from, or sends to, TARGET related to the services provided under these Conditions shall be presumed to be received from, or sent to, Banco de Portugal.
The participant shall pay fees to Banco de Portugal in accordance with the provisions of Article 8.
The participant must ensure that it is technically connected to TARGET-PT in accordance with the TARGET operating schedule established in Appendix V. This obligation may be fulfilled through an entity designated in accordance with Article 7.
The participant declares and guarantees to Banco de Portugal that the fulfillment of its obligations arising from these Conditions does not infringe any law, regulation or statutes applicable to it, nor any agreement by which it is bound.
The participant shall pay any stamp duties or other taxes or taxes on documents, if applicable, as well as any other costs incurred with the opening, maintenance or closure of its TARGET account.
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Article 11. Cooperation and exchange of information
1 Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU and Regulations (EU) No 1093/2010 and (EU) No 648/2012 of the European Parliament and of the Council (OJ L 173 of 12.6.2014, p. 190).
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Article 12. Remuneration of accounts
Article 13. Account management
2 Guideline (EU) 2019/671 of the European Central Bank of 9 April 2019 on domestic asset and liability management operations by national central banks (ECB/2019/7) (OJ L 113 of 29.04.2019, p. 11). 3 Council Regulation (EC) No 2531/98 of 23 November 1998 concerning the application of minimum reserves by the European Central Bank (OJ L 318 of 27.11.1998, p. 1). 4 Decision (EU) 2019/1743 of the European Central Bank of 15 October 2019 on the remuneration of excess reserves and certain deposits (ECB/2019/31) (OJ L 267 of 21.10.2019, p. 12).
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Article 14. Minimum reserves
Article 15. Minimum and maximum amounts
Article 16. Account monitoring group
Article 17. Acceptance and rejection of cash transfer orders
Annex to Instruction No. 16/2022 BO No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14 c) The message passes the duplication control described in Appendix I; d) In cases where a payer has been suspended with regard to the debit of its account(s) or where a payee has been suspended with regard to the credit of its account(s), the express consent of the participant's suspended NCB has been obtained; e) In cases where the cash transfer order has been submitted under an LBTR procedure of SP, the participant's account is included in the settlement bank account group requested by that SP, in accordance with Part VI, Article 1(7); and f) In the case of inter-system settlement as part of SP LBTR procedures, the SP in question is part of an inter-system settlement agreement, as established in Part VI, Article 9. 2. Banco de Portugal shall immediately reject any cash transfer order that does not meet the conditions set out in paragraph 1. Banco de Portugal shall inform the participant of any rejection of a cash transfer order as specified in Appendix 1.
Article 18. Entry of cash transfer orders into the system and irrevocability
Annex to Instruction No. 16/2022 BO No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14 d) Cash transfer orders related to settlement procedures for LBTR SP are considered entered into the TARGET system component of the account to be debited at the moment they are accepted by that TARGET system component and irrevocable at that moment. 2. The provisions of paragraph 1 do not prejudice the rules of SP that establish the time of entry into the SP and/or the irrevocability of transfer orders presented to it prior to the entry of the transfer orders in question into the relevant TARGET system component. 3. Cash transfer orders included in an algorithm cannot be revoked while the algorithm is being executed.
Article 19. Contingency and business continuity procedures
Article 20. Security requirements
Annex to Instruction No. 16/2022 BO No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14 annually, the TARGET self-certification declaration required for the types of accounts they hold as published in English on the Banco de Portugal website and on the ECB website. 5. Banco de Portugal evaluates the participant's self-certification declaration(s) based on the level of compliance with each of the requirements established for the purpose of TARGET self-certification. These requirements are listed in Appendix VII. 6. The participant's level of compliance with the TARGET self-certification requirements shall be classified as follows, in increasing order of severity: 'full compliance'; 'minor non-compliance'; or 'major non-compliance'. The following criteria apply: 'full compliance' is achieved whenever participants satisfy 100% of the requirements; 'minor non-compliance' occurs whenever the participant satisfies less than 100% but at least 66% of the requirements and 'major non-compliance' occurs whenever the participant satisfies less than 66% of the requirements. If a participant demonstrates that a specific requirement is not applicable to it, it shall be considered compliant with the requirement in question for the purpose of classification. A participant that fails to achieve 'full compliance' must submit an action plan demonstrating how it intends to achieve full compliance. Banco de Portugal must inform the competent supervisory authorities about the participant's compliance status. 7. If the participant refuses permanent access to its declaration of adherence to the security requirements of the terminals of the chosen network service providers or fails to provide the TARGET self-certification, the participant's compliance level shall be classified as 'major non-compliance'. 8. Banco de Portugal must re-evaluate participant compliance annually. 9. Banco de Portugal may impose the following remedial measures on participants whose compliance level has been assessed as minor or major non-compliance, in increasing order of severity: a) Enhanced monitoring: the participant must submit a monthly report to Banco de Portugal, signed by a senior manager, on the progress made in resolving the non-compliance. In addition, the participant incurs a monthly penalty of 1,000 EUR for each affected account. This remedial measure may be imposed if the participant receives a second consecutive minor non-compliance assessment or a major non-compliance assessment; b) Suspension: participation in TARGET-PT may be suspended under the circumstances described in Article 25(2)(b) and/or (c). In derogation of Article 25, the participant must be notified of the suspension three months in advance. The participant incurs a monthly penalty of 2,000 EUR for each suspended account. This remedial measure may be imposed if the participant receives a second consecutive major non-compliance assessment; c) Termination: participation in TARGET-PT may be revoked under the circumstances described in Article 25(2)(b) and/or (c). In derogation of Article 25, the participant must be notified of the termination three months in advance. The participant incurs an additional penalty of 1,000 EUR for each closed account. This measure of
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Article 21. Clearing Scheme If a cash transfer order cannot be settled on the same business day it was accepted due to a TARGET failure, the Banco de Portugal will offer to clear the affected direct participants, according to the special procedure provided for in Appendix II.
Article 22. Liability Regime
Article 23. Means of Proof
Article 24. Duration and Normal Cancellation of Participation and Closure of Accounts
Article 25. Suspension and Extraordinary Cancellation of Participation
5 Directive 2014/59/EU of the European Parliament and of the Council of May 15, 2014, establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU and Regulations (EU) No. 1093/2010 and (EU) No. 648/2012 of the European Parliament and of the Council (OJ L 173 of 12.6.2014, p. 190).
Article 26. Closure of TARGET Accounts by the Banco de Portugal upon Cessation of Participation Cancelled the participation of a participant in TARGET-PT, under either Article 24 or Article 34, the Banco de Portugal shall close the TARGET accounts of the participant concerned, after having settled or rejected any cash transfer orders in queue and after having exercised its rights of enforcement of pledge and set-off under Article 27.
Article 27. Rights of Enforcement of Pledge and Set-off of the Banco de Portugal
Article 28. Confidentiality
Article 29. Data Protection, Anti-Money Laundering, Administrative or Restrictive Measures and Related Issues
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Article 30 Communications
Annex to Instruction No. 16/2022 Official Journal No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14 2. The sending of a communication shall be sufficiently demonstrated by proof that it was delivered, whether physically or by electronic means, to the relevant recipient. 3. All communications shall be drafted in Portuguese or English. 4. Participants are bound by all forms and documents of Banco de Portugal completed and/or signed by them, including, without exclusive character, the static data collection forms referred to in Article 5, paragraph 2, letter a), and the information provided pursuant to Article 11, paragraph 5, which have been sent in accordance with paragraphs 1 and 2 and that Banco de Portugal has reason to believe originate from the participants or their employees or agents.
Article 31 Contractual relationship with the network service provider
Article 32 Amendment procedure Banco de Portugal may at any time unilaterally amend these Conditions, including the appendices. The amendments introduced into the Conditions, including the appendices, will be announced by means of an email to be sent to TARGET interlocutors communicated to Banco de Portugal. The amendments shall be deemed accepted unless the participant expressly opposes them within 14 days of being informed thereof. In the event that a participant opposes the amendments, Banco de Portugal has the right to immediately cancel the participant's participation in TARGET-PT and to close all its TARGET accounts.
Article 33 Third-party rights
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Article 34 Applicable legislation, competent court and place of performance of the service
Article 35 Severability The nullity or voidability of any of the provisions contained in these Conditions does not affect the validity of the remaining ones.
Article 36 Entry into force and binding nature
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PART II SPECIAL TERMS AND CONDITIONS OF THE MAIN CASH ACCOUNTS
Article 1 Opening and management of main cash accounts
Article 2 Co-management of MCA
Annex to Instruction No. 16/2022 Official Journal No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14 5. The provisions of Part I, Article 7, shall apply to the holder of an MCA who designates an entity to act as co-manager of its MCA, pursuant to this Article. 6. If the co-manager ceases to act in that capacity or the co-management agreement between the holder of the MCA and the co-manager expires, the holder of the MCA shall immediately notify Banco de Portugal of this fact.
Article 3 Liquidity transfer group between MCAs
Article 4 Operations processed through MCA
Article 5 Liquidity transfer orders
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Article 6 Rule-based liquidity transfer orders
Article 7 Processing of cash transfer orders
Annex to Instruction No. 16/2022 Official Journal No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14 b) Immediate liquidity transfer order: the order shall be rejected without partial settlement or other settlement attempt. c) Standing liquidity transfer order: the order shall be partially settled without other settlement attempt. d) Rule-based liquidity transfer order: the order shall be partially settled without other settlement attempt. e) Liquidity transfer order to an overnight deposit account: the order shall be rejected without partial settlement or other settlement attempt. 3. All cash transfer orders in the queue must be processed according to the "first in, first out" (FIFO) principle without prioritization or reordering. 4. Cash transfer orders that are in the queue at the end of the business day shall be rejected.
Article 8 Liquidity reservation orders
Article 9 Processing of cash transfer orders in the event of suspension or cancellation
Annex to Instruction No. 16/2022 BO No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14 of cash transfer orders in the waiting queue, the stored cash transfer orders or the new cash transfer orders in favour of that participant. 2. If a participant is suspended from TARGET-PT for reasons other than those specified in Part I, Article 25(1)(a), Banco de Portugal shall store all cash transfer orders to be received and made by that participant in its NCA and shall only present them for settlement after they have been expressly accepted by the participant's CB. 3. If a participant's participation in TARGET-PT is suspended on the grounds specified in Part I, Article 25(1)(a), the cash transfer orders to be debited from that participant's NCA shall only be processed based on instructions from its representatives, including representatives appointed by a competent authority or a judicial body, such as the participant's insolvency administrator, or based on an enforceable decision from a competent authority or judicial body containing instructions on how the cash transfer orders are to be processed. All cash transfer orders in its favour shall be processed in accordance with the provisions of paragraph 2.
Article 10. Eligible entities for intraday credit
Annex to Instruction No. 16/2022 BO No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14 d) Other entities not covered by point (a) that operate SP and act in that capacity; provided that, in the cases identified in points (a) to (d), the entity benefiting from the intraday credit is established in the same country as Banco de Portugal. 3. Intraday credit shall only be granted on TARGET business days. 4. With regard to the entities mentioned in paragraph 2, points (a) to (d), and in accordance with Article 19 of Guideline (EU) 2015/510 (ECB/2014/60), intraday credit shall be limited to the day on which it is granted, and conversion into overnight credit shall not be possible. 5. Banco de Portugal may grant access to the overnight lending facility to certain eligible CCPs, covered by the scope of Article 139(2)(c) of the Treaty, in conjunction with Articles 18 and 42 of the ESCB Statutes and paragraph 1 of Article 1 of Instruction No. 3/2015 of Banco de Portugal. Such eligible CCPs are those that, at the relevant times: a) Are eligible entities for the purposes of paragraph 2, point (d), provided that such eligible entities are authorised as eligible counterparties under applicable Union or national legislation; b) Are established in the euro area; c) Have access to intraday credit. 6. All overnight credit granted to eligible counterparties is subject to the conditions established in this Article and in Articles 11 and 12 (including the provisions regarding eligible collateral assets). 7. The sanctions provided for in Articles 12 and 13 apply to eligible CCPs that do not repay the overnight credit granted to them by their respective NCB.
Article 11. Eligible collateral assets for intraday credit Intraday credit is based on eligible collateral assets. Assets identical to those eligible for Eurosystem monetary policy operations are eligible as collateral, subject to the same valuation and risk control rules as those established in Part IV of Instruction No. 3/2015 of Banco de Portugal.
Article 12. Procedure for granting intraday credit
Annex to Instruction No. 16/2022 BO No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14 3. The non-repayment of intraday credit at the end of the day, for any reason, by any of the entities referred to in Article 10(2), points (a), (c) or (d), shall make it subject to the following monetary sanctions: a) If the entity in question presents a debit balance in its account at the end of the day for the first time in a twelve-month period, it shall incur penal interest calculated at a rate of five percentage points above the interest rate of the permanent lending facility on the amount owed; b) If the entity in question presents a debit balance in its account at the end of the day at least for the second time in the same twelve-month period, the penal interest mentioned in point (a) shall be aggravated by 2.5 percentage points for each time thereafter that a debit position occurs within the same twelve-month period. 4. The Governing Council of the ECB may decide to waive the monetary sanctions imposed under paragraph 3, or reduce them, if the participant's debit balance at the end of the day is attributable to force majeure and/or a TARGET failure, as defined in Annex III to this Instruction.
Article 13. Suspension, limitation or revocation of intraday credit
PART III SPECIAL TERMS AND CONDITIONS OF CASH ACCOUNTS DEDICATED TO REAL-TIME GROSS SETTLEMENT (CND LBTR)
Article 1. Opening and management of CND LBTR
Article 2. Holders of addressable BICs
Annex to Instruction No. 16/2022 BO No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14 4. A holder of an addressable BIC cannot be registered by more than one holder of a CND LBTR. 5. Cash transfer orders submitted or cash transfers received by holders of addressable BICs shall be considered as having been sent or received by the participant itself. 6. The participant is bound by the cash transfer orders in question and by any other acts performed by the holders of addressable BICs, regardless of their content or any eventual breach of contractual or other provisions between the participant and such entities.
Article 3. Access for multiple recipients
Article 4. Liquidity transfer group for LBTR
Article 5. Operations processed in a CND LBTR and its sub-accounts
Annex to Instruction No. 16/2022 BO No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14 2. Cash transfer orders related to LBTR procedures in the SP shall be settled through CND LBTRs or their respective sub-accounts in TARGET-PT. 3. The following operations may be processed through a CND for LBTR in TARGET-PT: a) cash transfer orders resulting from deposits and withdrawals; b) Liquidity transfer orders to another CND LBTR of the same LBTR liquidity transfer group; c) Liquidity transfer orders to a TIPS CND or to an NCA; d) Liquidity transfers to an overnight deposit account. 4. Liquidity transfer orders to CND T2S may be processed through CND LBTRs in TARGET-PT.
Article 6. Liquidity transfer orders
Article 7. Rule-based liquidity transfer orders
Article 8. Priority rules
Article 9. Processing of cash transfer orders in CND LBTR
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Annex to Instruction No. 16/2022 Official Gazette No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14 c) The debit limits established in accordance with Article 15 are respected. 2. If the conditions established in paragraph 1, letters a) to c), are not met regarding a cash transfer order, the following shall apply: a) In the case of an automated liquidity transfer order, the Bank of Portugal receives instructions to partially execute the order and to execute subsequent liquidity transfers whenever liquidity is available, up to the amount of the initial automated liquidity transfer order. b) In the case of an immediate liquidity transfer order, the order must be rejected without partial settlement or other settlement attempts, unless the order is initiated by a Payment System (SP), in which case it will be partially settled without other settlement attempts. c) In the case of a standing liquidity transfer order or a rule-based liquidity transfer order, the order must be partially settled without other settlement attempts. A standing liquidity transfer order triggered by the mandatory settlement procedures C or D for LBTR SPs and for which there are insufficient funds in the LBTR NCA will be settled following a proportional reduction of all orders. A standing liquidity transfer order triggered by the optional settlement procedure C in the LBTR SP and for which there are insufficient funds in the LBTR NCA must be rejected. 3. Cash transfer orders in the LBTR NCA, other than those referred to in paragraph 2, must be queued and processed according to the rules established in Article 10.
Article 10. Queue management and settlement optimization
Article 11. Liquidity reservation orders
Annex to Instruction No. 16/2022 Official Gazette No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14 4. When requesting the reservation of a specific amount of liquidity for use in urgent cash transfer orders, the holder of the LBTR NCA is instructing the Bank of Portugal to only settle urgent and normal-priority cash transfer orders if sufficient liquidity remains after deducting the amount reserved for urgent cash transfer orders. 5. When requesting the reservation of a specific amount of liquidity for use in high-priority cash transfer orders, the holder of the LBTR NCA is instructing the Bank of Portugal to only settle normal-priority cash transfer orders if sufficient liquidity remains after deducting the amount reserved for urgent and high-priority cash transfer orders.
Article 12. Request for revocation and response
Article 13. SLBTR Directory
Article 14. Processing of cash transfer orders in case of suspension or cancellation
Article 15. Debit limits
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Article 16. Participant instructions regarding settlement timing
Article 17. Advance submitted payment orders
Article 18. Direct debit
Article 19. Backup payment functionality In the event of failure of their respective payment infrastructure, the holder of an LBTR NCA may request the Bank of Portugal to activate the backup payment functionality, which allows the LBTR NCA holder to enter certain payment orders using the Graphical User Interface (GUI).
Article 20. Security rights regarding funds deposited in sub-accounts
PART IV SPECIAL TERMS AND CONDITIONS OF TARGET2-SECURITIES (T2S) DEDICATED CASH ACCOUNTS (NCA T2S)
Article 1. Opening and management of NCA T2S
Article 2. Association between securities accounts and NCA T2S
Article 3. Operations processed in NCA T2S
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Article 4. Liquidity transfer orders The holder of a T2S NCA may submit liquidity transfer orders in one of the following ways: a) Immediate liquidity transfer order, which constitutes an instruction for immediate execution; b) Standing liquidity transfer order, which shall be an instruction for periodic execution i) of the transfer of a specified amount, or ii) of a transfer to reduce the T2S NCA balance to a predefined level, with the reduction amount transferred to an LBTR NCA, a TIPS NCA or an NCP, upon the occurrence of a predefined event on each business day; c) Predefined liquidity transfer order, which shall be an instruction for single execution i) of the transfer of a specified amount, or ii) of a transfer to reduce the T2S NCA balance to a predefined level, with the reduction amount transferred to an LBTR NCA, a TIPS NCA or an NCP, upon the occurrence of a predefined event on each business day.
Article 5. Liquidity reservation and freezing
Article 6. Processing of liquidity transfer orders in T2S NCAs
Article 7. Processing of cash transfer orders in the event of suspension or cancellation
Article 8. Eligible entities for self-collateral facilities
Article 9. Eligible collateral assets for self-collateral operations
Article 10. Credit provision and recovery procedure
Article 11. Suspension, limitation or revocation of self-collateral facilities
PART V SPECIAL TERMS AND CONDITIONS OF THE DEDICATED CASH ACCOUNTS OF THE TARGET INSTANT PAYMENT SETTLEMENT SERVICE (TIPS NCA)
Article 1. Opening and management of TIPS NCAs
Article 2. Sending and receiving messages
Article 3. Contactable parties
Article 4. Operations processed in TIPS NCAs
Article 5. Immediate liquidity transfer orders Holders of TIPS NCAs may submit immediate liquidity transfer orders.
Article 6. Processing of cash transfer orders in TIPS NCAs
Article 7. Recall request
Article 8. TIPS Directory
Article 9. MPL Repository
Article 10. Processing of cash transfer orders in the event of suspension or cancellation
PART VI SPECIAL TERMS AND CONDITIONS FOR PERIPHERAL SYSTEMS (PS) USING REAL-TIME GROSS SETTLEMENT PROCEDURES FOR PS (PS LBTR)
Article 1. Opening and management of PS technical accounts and use of LBTR procedures in PS
Article 2. Priority of PS transfer orders The priority 'urgent' is automatically assigned to PS transfer orders.
Article 3. Settlement Procedure A for PS LBTR
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The SP must submit SP transfer orders in batch form in a single file in which the sum of the debits must correspond to the sum of the credits.
Banco de Portugal will first seek to settle SP transfer orders by which the LBTR NCOs of the settlement banks are debited and the SP's LBTR technical account is credited. Only after all such SP transfer orders have been settled (including any financing of the SP's LBTR technical account from the SP's guarantee fund account) will Banco de Portugal seek to settle SP transfer orders by which the SP's LBTR technical account is debited and the LBTR NCOs of the settlement banks are credited.
If an SP transfer order to debit the LBTR NCO of a settlement bank is in the queue, Banco de Portugal will inform the settlement bank by means of a broadcast message.
If an SP guarantee fund account has been opened and a settlement bank does not have sufficient funds in the LBTR NCO, the SP may instruct Banco de Portugal to activate the guarantee fund mechanism by requesting a debit to the SP's guarantee fund account and a credit to the SP's LBTR technical account. If the SP guarantee fund account does not have sufficient funds to complete the settlement, the settlement process will fail.
If the settlement process fails for any reason, including that referred to in paragraph 6, Banco de Portugal will reject all unsettled SP transfer orders from the single file referred to in paragraph 3 and cancel any SP transfer orders that have already been settled.
The SPs will be notified of the successful or unsuccessful execution of the settlement.
The SP may opt for the following services: a) The "information period" service, as referred to in Article 8, paragraph 1; b) The "settlement period" service, as referred to in Article 8, paragraph 3;
Article 4 Settlement Procedure B for SP LBTR
The SP must request a dedicated SP LBTR technical account to support the processing of SP transfer orders using settlement procedure B. The balance of this account will be zero at the end of the day.
The SP may request the opening of an SP guarantee fund account to support settlement under the "settlement period" service. The balances of the SP guarantee fund account will be used to settle SP transfer orders if there is not sufficient liquidity available in the LBTR NCO of a settlement bank. The SP guarantee fund account may be maintained by Banco de Portugal, by the SP, or by an eligible participant. The SP guarantee fund account will not be published in the SLBTR directory.
The SP must submit SP transfer orders in batch form, in a single file in which the sum of the debits must correspond to the sum of the credits.
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Settlement procedure B operates on the "all-or-nothing" principle. Banco de Portugal will seek to simultaneously settle all SP transfer orders that debit the LBTR NCOs of the settlement banks and credit the SP's LBTR technical account, as well as all SP transfer orders that debit the SP's LBTR technical account and credit the LBTR NCOs of the settlement banks. If one or more SP transfer orders cannot be settled, all SP transfer orders will be placed in the queue and included in an optimization algorithm; the settlement banks will be informed.
If an SP guarantee fund account has been opened and a settlement bank does not have sufficient funds in the LBTR NCO, the SP may instruct Banco de Portugal to activate the guarantee fund mechanism by requesting a debit to the SP's guarantee fund account and a credit to the SP's LBTR technical account. If the SP guarantee fund account does not have sufficient funds to complete the settlement, the settlement process will fail.
If the settlement process fails for any reason, including that referred to in paragraph 5, Banco de Portugal will reject all unsettled SP transfer orders from the single file referred to in paragraph 3.
The SPs will be notified of the successful or unsuccessful execution of the settlement.
The SP may opt for the following services: a) The "information period" service, as referred to in Article 8, paragraph 1; b) The "settlement period" service, as referred to in Article 8, paragraph 3.
Article 5 Settlement Procedure C for SP LBTR
Settlement procedure C supports settlement using dedicated liquidity in subaccounts. The SP must request a dedicated SP LBTR technical account to support the processing of SP transfer orders using settlement procedure C. The balance of this account will be zero at the end of the day. This SP LBTR technical account may also be used to support the processing of SP transfer orders through settlement procedure E.
The SP must ensure that each settlement bank opens at least one subaccount that is to be used only by the SP for the purposes of this settlement procedure.
Banco de Portugal will automatically initiate a mandatory settlement procedure C on each TARGET business day, according to the calendar established in Appendix V, which will trigger the settlement of permanent liquidity transfer orders created for the mandatory settlement procedure C, debiting the LBTR NCOs of the settlement banks and crediting the subaccount referred to in paragraph 2.
Settlement procedure C will be closed by means of an end-of-procedure message, which may be sent by the SP at any time before the cut-off time for interbank payments, as established in Appendix V. If the SP does not send the end-of-procedure message by that cut-off time, Banco de Portugal will close the procedure at that cut-off time.
The closure of the mandatory settlement procedure C gives rise to an automatic liquidity transfer from the subaccount referred to in paragraph 2 to the LBTR NCO.
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If the mandatory settlement procedure C is closed, the SP may initiate an optional procedure at any time before the cut-off time for interbank payments, as established in Appendix V, which will trigger the settlement of those permanent liquidity transfer orders created for the optional settlement procedure C, debiting the LBTR NCO of the settlement bank and crediting its LBTR subaccount. The SP may initiate and close one or more successive optional procedures before the cut-off time for interbank payments. The closure of the optional settlement procedure C leads to an automatic liquidity transfer from the subaccount referred to in paragraph 2 to the LBTR NCO.
The mandatory settlement procedure C and any subsequent optional settlement procedure C may consist of one or more cycles.
The SP may, at any time after the start of a mandatory or optional settlement procedure C, initiate a cycle by means of a "cycle start" message. After the start of the cycle, no liquidity transfers may be made from the subaccount referred to in paragraph 2 until the SP sends a "cycle end" message. The balance may be changed during the cycle as a result of inter-system settlement payments or if a settlement bank transfers liquidity to its own subaccount. Banco de Portugal will notify the SP of the reduction or increase in liquidity in the subaccount as a result of inter-system settlement payments. If the SP so requests, Banco de Portugal will also notify it of the increase in liquidity in the subaccount as a result of liquidity transfer orders from the settlement bank.
The SP may submit SP transfer orders in batch form in one or more files while the cycle is open. Cash transfer orders may be intended for the following operations: a) Debit of the settlement banks' subaccounts and credit of the SP's LBTR technical account; b) Debit of the SP's LBTR technical account and credit of the settlement banks' subaccounts; c) Debit of the SP's LBTR technical account and credit of the settlement banks' LBTR NCOs.
Banco de Portugal will immediately settle the SP transfer orders that can be settled. SP transfer orders that cannot be settled immediately will be placed in the queue and included in an optimization algorithm. SP transfer orders that remain unsettled at the time of the closure of the cycle must be rejected.
The SP must be notified, no later than the end of the cycle, of the status of the different SP transfer orders.
Article 6 Settlement Procedure D for SP LBTR
Settlement procedure D supports settlement with the use of pre-financing. The SP must request a dedicated SP LBTR technical account to support the processing of SP transfer orders using settlement procedure D.
SP LBTR technical accounts may only have a zero or positive balance. Liquidity may remain in the SP's LBTR technical account during the overnight period, being then remunerated in accordance with Part I, Article 12, paragraph 2.
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Article 7 Settlement Procedure E for SP LBTR
Settlement procedure E for SP LBTR supports bilateral settlement and individual processing of SP transfer orders. The SP may use settlement procedure E without an SP LBTR technical account for bilateral settlement. The SP must request an SP LBTR technical account to support the processing of SP transfer orders using settlement procedure E, if it opts for individual processing of SP transfer orders. The balance of this SP LBTR technical account is zero at the end of the day. This SP LBTR technical account may also be used for settlement procedure C.
The SP may submit SP transfer orders, in batch form in one or more files, between: a) The LBTR NCOs of the settlement banks and the SP's LBTR technical account, if used; and b) The LBTR NCOs of the settlement banks. The SP is responsible for ensuring the correct sequencing of the SP transfer orders contained in the file, in order to guarantee the regular processing of settlement.
Banco de Portugal will immediately settle the SP transfer orders that can be settled. SP transfer orders that cannot be settled immediately will be placed in the queue. If an SP transfer order to debit the LBTR NCO of a settlement bank is in the queue, the settlement bank must be informed of the fact by means of a broadcast message.
The SP may opt for the following services: a) The "information period" service, as referred to in Article 8, paragraph 1; b) The "settlement period" service, as referred to in Article 8, paragraph 3.
The SP must be notified of the status of the different SP transfer orders submitted.
Article 8 Information Period and Settlement Period
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If an SP or, on its behalf, Banco de Portugal, revokes individual SP transfer orders (for settlement procedure E for SP LBTR) or files (for settlement procedures A and B for SP LBTR) during the "information period", the processing of the SP transfer orders will be cancelled.
The "settlement period" service allows the SP to define a period during which the settlement of SP transfer orders may be carried out. This service constitutes an indispensable condition for the use of a guarantee fund account, but is optional regarding the use of SP technical accounts.
During the "settlement period", the SP or, on its behalf, Banco de Portugal, may revoke either individual SP transfer orders (for settlement procedure E for SP LBTR) or files (for settlement procedures A and B for SP LBTR) whose status is not definitive, subject to the following: a) If settlement procedure E for SP LBTR is used for bilateral settlement, the relevant SP transfer orders are cancelled; b) If settlement procedure E for SP LBTR is not used for bilateral settlement, or if settlement fails entirely with settlement procedure A, all transfer orders contained in the file will be cancelled, and all settlement banks and the SP will be informed of the fact by means of a general broadcast message. c) If settlement procedure B for SP LBTR is used, settlement will fail entirely and all settlement banks and the SP must be informed by means of a general broadcast message.
Article 9 Inter-system Settlement
Inter-system settlement allows an SP to credit the LBTR technical account of another SP or the subaccount of a settlement bank of another SP, and is available for SPs using settlement procedures C or D for SP LBTR.
At the request of an SP, Banco de Portugal will authorize inter-system settlement between that SP and another SP in TARGET-PT or in another component system of TARGET. The requesting SP must provide Banco de Portugal with the authorization of the other SP.
Inter-system settlement may only be initiated if both SPs have opened a settlement procedure. Furthermore, if inter-system settlement is initiated by an SP using settlement procedure C for SP LBTR, that SP must also have opened a settlement cycle.
An SP using settlement procedure C for SP LBTR in the context of inter-system settlement will only individually submit SP transfer orders by which the subaccount of one of its settlement banks is debited. These SP transfer orders will credit the subaccount of the beneficiary SP's settlement bank if it uses settlement procedure C for SP LBTR, or credit the LBTR technical account of the beneficiary SP if it uses settlement procedure D for SP LBTR.
An SP using settlement procedure D for SP LBTR in the context of inter-system settlement will only individually submit SP transfer orders by which its LBTR technical account is debited. These SP transfer orders will credit the subaccount
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Article 10 Effects of Suspension or Cancellation
If the suspension or cessation of use by an SP of its settlement procedures occurs during the settlement cycle of that SP's transfer orders, Banco de Portugal may conclude the settlement cycle.
PART VII SPECIAL TERMS AND CONDITIONS FOR PERIPHERAL SYSTEMS (SP) USING THE SETTLEMENT PROCEDURE OF THE TARGET INSTANT PAYMENT SETTLEMENT SERVICE (TIPS) (TIPS AS SETTLEMENT PROCEDURE)
Article 1 Opening and Management of a TIPS CND Technical Account
Banco de Portugal may, at the request of an SP that settles instant payments under the SEPA instant transfer mechanism or near-instant payments in its own records, open and operate one or more SP TIPS technical accounts.
There will be no debit balance in the SP TIPS technical accounts.
The peripheral system must use an SP TIPS technical account to collect the liquidity required reserved by its clearing members to finance their positions.
The peripheral system may opt to receive notifications of credits and debits in its SP TIPS technical account. If the peripheral system opts for this service, the notification is carried out immediately after the debit or credit of the SP TIPS technical account.
The peripheral system may send instant payment orders and positive responses to revocation requests to any TIPS CND holder or to the SP TIPS. The peripheral system must receive and process instant payment orders, revocation requests, and positive responses to revocation requests from any TIPS CND holder or from the SP TIPS.
Article 2 Sending and Receiving Messages
The TIPS CND holder may send messages: a) Directly; b) Through one or more parties with authority to give instructions.
The TIPS CND holder receives messages: a) Directly, or b) Through a party with authority to give instructions.
The provisions of Part I, Article 7, apply to the holder of an SP TIPS technical account who sends or receives messages through a party with authority to give instructions, as if the holder of an SP TIPS technical account sent or received messages directly.
Article 3 Immediate Liquidity Transfer Orders
The holder of an SP TIPS technical account may submit immediate liquidity transfer orders.
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Article 4. Processing of cash transfer orders in SP TIPS technical accounts
For processing purposes, a date and time stamp is assigned to cash transfer orders according to the order of receipt.
All cash transfer orders entered into TARGET-PT are processed on a first-come-first-served basis, without prioritization or reordering.
After acceptance of an instant payment order in accordance with Part I, Article 17(1), the Bank of Portugal verifies whether sufficient funds are available in the payer’s SP TIPS technical account to effect settlement, and the following shall apply: a) If sufficient funds are not available, the instant payment order is rejected; b) If sufficient funds are available, the corresponding amount is reserved while awaiting the beneficiary’s response. If the beneficiary accepts the payment, the instant payment order is settled and the reservation is simultaneously released. If the beneficiary rejects the payment or does not respond in due time, within the meaning of the SEPA instant credit transfer mechanism, the instant payment order is cancelled and the reservation is simultaneously released.
Funds reserved in accordance with paragraph 3(b) cease to be available for the settlement of subsequent payment orders.
Without prejudice to paragraph 3(b), TARGET-PT rejects instant payment orders whose amount exceeds the applicable credit memorandum balance (CMB).
After acceptance of a liquidity transfer order from an SP TIPS technical account to a CND TIPS as described in Part I, Article 17(1), the Bank of Portugal verifies whether sufficient funds are available in the payer’s SP TIPS technical account. If sufficient funds are not available, the liquidity transfer order is rejected. If sufficient funds are available, the liquidity transfer order is immediately settled.
After acceptance of a positive response to a revocation request as described in Part I, Article 17, the Bank of Portugal will verify whether sufficient funds are available in the SP TIPS technical account to be debited. If sufficient funds are not available, the positive response to the revocation request is rejected. If sufficient funds are available, the positive response to the revocation request is immediately executed.
Without prejudice to paragraph 7, the Bank of Portugal will reject positive responses to a revocation request whose amount exceeds any applicable CMB.
Article 5. Revocation request
The holder of an SP TIPS technical account may submit a revocation request.
The revocation request is forwarded to the beneficiary of the settled instant payment order, who may respond by means of a positive response or a negative response to the revocation request.
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Article 6. Settlement procedure for SP TIPS
The settlement procedures for SP TIPS must be operational during the hours established in Appendix V.
Article 7. Opening and management of an SP TIPS technical account
The holder of an SP TIPS technical account may designate one or more contactable parties. Contactable parties must have adhered to the SEPA instant credit transfer mechanism by subscribing to the SEPA instant credit transfer mechanism adherence agreement.
Holders of SP TIPS technical accounts must provide proof to the Bank of Portugal of adherence to the SEPA instant credit transfer mechanism for each designated contactable party.
Holders of SP TIPS technical accounts must inform the Bank of Portugal if any designated contactable party ceases to adhere to the SEPA instant credit transfer mechanism, and take rapid measures to prevent the same from accessing the SP TIPS technical account.
Holders of SP TIPS technical accounts may grant access to their designated contactable parties through one or more parties with authority to give instructions.
The provisions of Part I, Article 7, apply to SPs that have designated contactable parties.
Holders of SP TIPS technical accounts who have designated a contactable party must ensure that this party is available at all times to receive messages.
Article 8. Operations processed in SP TIPS technical accounts
Article 9. TIPS Directory
The TIPS directory is a list of BICs used for routing information and includes the BICs of: a) Holders of CND TIPS; b) Contactable parties.
The TIPS directory is updated daily.
Holders of SP TIPS technical accounts may only distribute the TIPS directory to their respective branches, designated contactable parties, and parties with authority to give instructions. Contactable parties may only distribute the TIPS directory to their respective branches.
Each BIC may appear only once in the TIPS directory.
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Article 10. MPL Repository
The central Mobile Proxy Lookup (MPL) repository contains the proxy-IBAN correspondence framework for the purposes of the MPL service.
Each proxy may be linked to only one IBAN. An IBAN may be linked to one or more proxies.
Part I, Article 29, applies to the data contained in the MPL repository.
Article 11. Processing of cash transfer orders in the event of suspension or extraordinary cancellation
After the cancellation of the participation of an SP TIPS technical account holder in TARGET-PT, the Bank of Portugal will not accept new cash transfer orders intended for or originating from that SP TIPS technical account holder.
If the participation of an SP TIPS technical account holder in TARGET-PT is suspended on grounds other than those specified in Part I, Article 25(1)(a), the Bank of Portugal must: a) Reject all its cash transfer orders to receive; b) Reject all its cash transfer orders to make; or c) Reject both its cash transfer orders to make and to receive.
If the participation of an SP TIPS technical account holder in TARGET-PT is suspended on the grounds listed in Part I, Article 25(1)(a), the central bank of the suspended SP TIPS technical account holder must reject all its cash transfer orders to receive and to make.
The Bank of Portugal processes instant payment orders from an SP TIPS technical account holder whose participation in TARGET-PT was suspended or cancelled in accordance with Part I, Articles 25(1) or (2), and for which the Bank of Portugal has reserved funds in an SP TIPS technical account in accordance with Article 4(3)(b) before the suspension or cancellation.
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Appendix I TECHNICAL SPECIFICATIONS FOR THE PROCESSING OF CASH TRANSFER ORDERS
In addition to the Harmonized Conditions, the following rules apply to the processing of cash transfer orders:
Before participating in TARGET-PT, each participant must successfully carry out a series of tests intended to demonstrate their operational and technical fitness.
The account of each participant is identified by a unique account number consisting of a maximum of 34 characters composed of the following five sections:
| Section | Number of characters | Content |
|---|---|---|
| Account Type | 1 | M = Main Cash Account (MCA) |
| R = Dedicated Cash Account (DCA) of LBTR | ||
| C = DCA T2S | ||
| I = DCA TIPS | ||
| T = SP Technical Account LBTR | ||
| U = Subaccount | ||
| A = SP Technical Account TIPS | ||
| G = SP Guarantee Fund Account | ||
| D = Overnight Deposit Account | ||
| X = Contingency Account | ||
| Central Bank Country Code | 2 | ISO 3166-1 country code |
| Currency Code | 3 | EUR |
| BIC Code | 11 | BIC of the account holder |
| Account Name | Max. 17 | Free text 6 |
6 For subaccounts, this section must start with the 3-character SP code, as defined by the central bank.
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a) Participants must comply with the structure and field specifications of messages described in Part 3 of the relevant User Detailed Functional Specifications (UDFS).
b) An Operational Application Header (BAH) must be applied to all types of messages processed in MCA, DCA LBTR (including subaccounts), SP Technical Accounts LBTR, SP Guarantee Fund Accounts, and DCA T2S.
| Message Type | Description |
|---|---|
| head.001 | Business application header |
| head.002 | Business file header |
a) The following message types are processed in MCA:
| Message Type | Description |
|---|---|
| Administration (admi) | admi.004 SystemEventNotification |
| admi.005 ReportQueryRequest | |
| admi.007 ReceiptAcknowledgement | |
| Cash Management (camt) | camt.003 GetAccount |
| camt.004 ReturnAccount | |
| camt.005 GetTransaction | |
| camt.006 ReturnTransaction | |
| camt.018 GetBusinessDayInformation | |
| camt.019 ReturnBusinessDayInformation | |
| camt.025 Receipt | |
| camt.046 GetReservation | |
| camt.047 ReturnReservation | |
| camt.048 ModifyReservation | |
| camt.049 DeleteReservation | |
| camt.050 LiquidityCreditTransfer | |
| camt.053 BankToCustomerStatement | |
| camt.054 BankToCustomerDebitCreditNotification | |
| Payments clearing and Settlement (pacs) | pacs.009 FinancialInstitutionCreditTransfer |
| pacs.010 FinancialInstitutionDirectDebit |
b) The following message types are processed in DCA LBTR and, if applicable, in LBTR technical accounts and SP Guarantee Fund Accounts:
| Message Type | Description |
|---|---|
| Administration (admi) | admi.004 SystemEventNotification |
| admi.005 ReportQueryRequest | |
| admi.007 ReceiptAcknowledgement | |
| Cash Management (camt) | camt.003 GetAccount |
| camt.004 ReturnAccount | |
| camt.005 GetTransaction | |
| camt.006 ReturnTransaction | |
| camt.007 ModifyTransaction | |
| camt.009 GetLimit | |
| camt.010 ReturnLimit | |
| camt.011 ModifyLimit | |
| camt.012 DeleteLimit | |
| camt.018 GetBusinessDayInformation | |
| camt.019 ReturnBusinessDayInformation | |
| camt.021 ReturnGeneralBusinessInformation | |
| camt.025 Receipt | |
| camt.029 ResolutionOfInvestigation | |
| camt.046 GetReservation | |
| camt.047 ReturnReservation | |
| camt.048 ModifyReservation | |
| camt.049 DeleteReservation | |
| camt.050 LiquidityCreditTransfer | |
| camt.053 BankToCustomerStatement | |
| camt.054 BankToCustomerDebitCreditNotification | |
| camt.056 FIToFIPaymentCancellationRequest | |
| Payments clearing and Settlement (pacs) | pacs.002 PaymentStatusReport |
| pacs.004 PaymentReturn | |
| pacs.008 CustomerCreditTransfer | |
| pacs.009 FinancialInstitutionCreditTransfer | |
| pacs.010 FinancialInstitutionDirectDebit | |
| Payments Initiation (pain) | pain.998 ASInitiationStatus |
| pain.998 ASTransferNotice | |
| pain.998 ASTransferInitiation |
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c) The following message types are processed in DCA T2S:
| Message Type | Description |
|---|---|
| Administration (admi) | admi.005 ReportQueryRequest |
| admi.006 ResendRequestSystemEventNotification | |
| admi.007 ReceiptAcknowledgement | |
| Cash Management (camt) | (camt.003) GetAccount |
| (camt.004) ReturnAccount | |
| (camt.005) GetTransaction | |
| (camt.006) ReturnTransaction | |
| (camt.009) GetLimit | |
| (camt.010) ReturnLimit | |
| (camt.011) ModifyLimit | |
| (camt.012) DeleteLimit | |
| (camt.018) GetBusinessDayInformation | |
| (camt.019) ReturnBusinessDayInformation | |
| (camt.024) ModifyStandingOrder | |
| (camt.025) Receipt | |
| (camt.050) LiquidityCreditTransfer | |
| (camt.051) LiquidityDebitTransfer | |
| (camt.052) BankToCustomerAccountReport | |
| (camt.053) BankToCustomerStatement | |
| (camt.054) BankToCustomerDebitCreditNotification | |
| (camt.064) LimitUtilisationJournalQuery | |
| (camt.065) LimitUtilisationJournalReport | |
| (camt.066) IntraBalanceMovementInstruction | |
| (camt.067) IntraBalanceMovementStatusAdvice | |
| (camt.068) IntraBalanceMovementConfirmation | |
| (camt.069) GetStandingOrder | |
| (camt.070) ReturnStandingOrder | |
| (camt.071) DeleteStandingOrder | |
| (camt.072) IntraBalanceMovementModificationRequest | |
| (camt.073) IntraBalanceMovementModificationRequestStatusAdvice | |
| (camt.074) IntraBalanceMovementCancellationRequest | |
| (camt.075) IntraBalanceMovementCancellationRequestStatusAdvice | |
| (camt.078) IntraBalanceMovementQuery | |
| (camt.079) IntraBalanceMovementQueryResponse | |
| (camt.080) IntraBalanceModificationQuery | |
| (camt.081) IntraBalanceModificationReport | |
| (camt.082) IntraBalanceCancellationQuery | |
| (camt.083) IntraBalanceCancellationReport | |
| (camt.084) IntraBalanceMovementPostingReport | |
| (camt.085) IntraBalanceMovementPendingReport |
d) The following message types are processed in DCA TIPS and SP TIPS technical accounts:
| Message Type | Description |
|---|---|
| Administration (admi) | pacs.002 FIToFIPayment Status Report |
| pacs.004 PaymentReturn | |
| pacs.008 FIToFICustomerCreditTransfer | |
| pacs.028 FIToFIPaymentStatusRequest | |
| Cash Management (camt) | camt.003 GetAccount |
| camt.004 ReturnAccount | |
| camt.011 ModifyLimit | |
| camt.019 ReturnBusinessDayInformation | |
| camt.025 Receipt | |
| camt.029 ResolutionOfInvestigation | |
| camt.050 LiquidityCreditTransfer | |
| camt.052 BankToCustomerAccountReport | |
| camt.053 BankToCustomerStatement | |
| camt.054 BankToCustomerDebitCreditNotification | |
| camt.056 FIToFIPaymentCancellationRequest | |
| acmt.010 AccountRequestAcknowledgement | |
| acmt.011 AccountRequestRejection | |
| acmt.015 AccountExcludedMandateMaintenanceRequest | |
| Reference data (reda) | reda.016 PartyStatusAdviceV01 |
| reda.022 PartyModificationRequestV01 |
All liquidity transfer orders are subject to duplicate control, the purpose of which is to reject payment orders that have been submitted more than once by mistake. For more information, see Part I, Section 3, of the relevant UDFS.
Message validation is carried out in accordance with the High Value Payments Plus (HVPS+) guidelines regarding message validations set out in the ISO 20022 standard and the specific validations of TARGET. The validation rules and error codes are described in detail in the following parts of the UDFS:
a) For MCAs, in Chapter 14 of the UDFS relating to Central Liquidity Management (CLM); b) For DCA LBTR, in Chapter 13 of the UDFS relating to LBTR; c) For DCA T2S, in Chapter 4.1 of the UDFS relating to T2S.
If an instant payment order or a positive response to a revocation request is rejected for any reason, the holder of the DCA TIPS receives a payment status report (pacs.002) as described in Chapter 4.2 of the TIPS UDFS. If a liquidity transfer order is rejected for any reason, the holder of the DCA TIPS receives a rejection message (camt.025) as described in Chapter 1.6 of the TIPS UDFS.
DCA LBTR
a) With regard to payment orders using the "Debit Start Date" Indicator, the message element "/FromTime/" will be used. b) With regard to payment orders using the "Debit End Date" Indicator, two options are available: i) Message element "RejectTime": if the payment order cannot be settled by the indicated debit time, the cash transfer order will be rejected. ii) Message element "TillTime": if the payment order cannot be settled by the indicated debit time, the cash transfer order will not be rejected and will be kept in the corresponding queue.
In both cases, if a payment order with a "Debit End Date" Indicator is not settled by 15 minutes before the time indicated therein, a notification is automatically sent via GUI.
Annex to Instruction No. 16/2022 BO No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14
DCA T2S
a) For immediate liquidity transfer orders, no specific XML tag is required; b) The settlement of predefined liquidity transfer orders and permanent liquidity transfer orders can be triggered by a specific time or situation on the settlement day: i) For settlement at a pre-fixed time, the XML tag "Time(/ExctnTp/Tm/)" must be used; ii) For settlement upon verification of a specific event, the XML tag "(EventType/ExctnTp/Evt/)" must be used. c) The validity period of permanent liquidity transfer orders is determined by the following XML tags: "FromDate/VldtyPrd/FrDt/" and "ToDate/VldtyPrd/ToDt/".
To facilitate settlement, cash transfer orders are subject to netting checks and, if necessary, extended netting checks (both expressions are defined in letters a) and b)).
a) The netting check will determine whether the beneficiary's cash transfer orders at the front of the queue of "urgent" cash transfer orders or, if not applicable, "high priority" cash transfer orders, are available for netting with the payer's cash transfer order (hereinafter "netting cash transfer orders"). If a netting cash transfer order does not provide sufficient funds to net the payer's cash transfer order, it will be determined whether there is sufficient liquidity in the payer's DCA LBTR. b) If the netting check yields no result, the Bank of Portugal may carry out an extended netting check. The extended netting check will determine whether netting cash transfer orders are available in any of the beneficiary's queues, regardless of when they were added to the queue. However, if there are higher priority cash transfer orders in the beneficiary's payment queue intended for other participants, the "first-come-first-served" principle may only be disregarded if the settlement of a netting cash transfer order results in an increase in liquidity for the beneficiary.
Four algorithms are applied to facilitate the settlement of payment flows. More information is available in Part 2 of the UDFS relating to LBTR.
a) Based on the "partial optimization" algorithm, the Bank of Portugal must: i) calculate and verify the liquidity positions, limits, and reserves of each DCA LBTR; and
Annex to Instruction No. 16/2022 BO No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14
Annex to Instruction No. 16/2022 Official Journal No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14
ii) if the total liquidity position of one or more of the CND LBTRs in question is negative, withdraw individual payment orders until the total liquidity position of each CND LBTR in question is positive. After that, the Bank of Portugal and the other CBs involved must, provided there are sufficient funds, simultaneously settle the remaining cash transfer orders in question (with the exception of the payment orders withdrawn under sub-paragraph ii)) in the CND LBTRs of the participants concerned. When withdrawing payment orders, the Bank of Portugal will start with the CND LBTR of the participant having the highest negative total liquidity position and with the payment order at the end of the queue having the lowest priority. The selection process must be executed only for a short period, to be determined by the Bank of Portugal according to its own criteria. b) Based on the "multiple optimization" algorithm, the Bank of Portugal must: i) compare pairs of CND LBTRs of participants to determine if the payment orders in the waiting queue can be settled with the liquidity available in the two CND LBTRs of the participants involved, within the limits set by them (starting with the pair of CND LBTRs with the smallest difference between mutually addressed payment orders), and the CBs involved must simultaneously launch these payments into the CND LBTRs of these two participants; and ii) if, with regard to the pair of CND LBTRs described in sub-paragraph i), the liquidity is insufficient to finance the bilateral position, withdraw individual payment orders until there is sufficient liquidity. In this case, the CBs involved must simultaneously settle the remaining payments, with the exception of those that have been withdrawn, in the CND LBTRs of these two participants. After carrying out the checks specified in sub-paragraphs i) and ii), the Bank of Portugal will check the multilateral settlement positions (between the CND LBTR of one participant and the CND LBTRs of other participants with respect to whom multilateral limits have been established). For these purposes, the procedure described in sub-paragraphs i) to ii) shall apply, with the necessary adaptations. c) Based on the "partial optimization with SP" algorithm, which supports procedure C settlement, the Bank of Portugal will adopt the procedure provided for the partial optimization algorithm, but without withdrawing SP transfer orders (for SP that proceed to simultaneous settlements on a multilateral basis, i.e., according to procedure B settlement of SP LBTR). d) The "sub-account optimization" algorithm is used to optimize the settlement of SP transfer orders with an urgent priority level in the participants' sub-accounts. When using this algorithm, the Bank of Portugal will calculate the total liquidity position of the sub-account of each participant, determining whether the aggregate value of all SP transfer orders to be made and received that are pending execution in the waiting queue is positive or negative. If the result of these calculations and checks is positive for each sub-account in question, the Bank of Portugal and the other CBs involved in the process will simultaneously settle all cash transfers in the participants' sub-accounts.
Annex to Instruction No. 16/2022 Official Journal No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14
in question. If the result of these calculations and checks is negative, no settlement will be carried out. Furthermore, this algorithm will not take into account any limits or reserves. The total position of each settlement bank is calculated, and if all positions of all settlement banks are covered, all transactions are settled. Transactions that are not covered are placed back in the waiting queue. e) However, payment orders introduced after the multiple optimization algorithm, the partial optimization algorithm, or the partial optimization with SP algorithm has started, can be settled immediately if the positions and limits of the CND LBTRs of the participants in question are compatible with both the settlement of these orders and the settlement of the cash transfer orders included in the ongoing optimization procedure. f) The partial optimization algorithm and the multiple optimization algorithm must be executed sequentially in this order. They must not be executed if procedure B settlement of SP LBTR is in progress. g) The algorithms will be executed flexibly, and a certain period must be established between the application of different algorithms to allow a minimum interval between the execution of two algorithms. The temporal sequence will be controlled automatically. Manual intervention must be possible. h) Payment orders included in an algorithm that is being executed cannot be reordered (change of position in the waiting queue) or revoked. Requests for reordering or revocation of a payment order will be placed in the waiting queue until the end of the execution of the algorithm. If the payment order in question is settled during the execution of the algorithm, any request for reordering or revocation will be rejected. If the payment order is not settled, the participant's requests will be attended to immediately.
Annex to Instruction No. 16/2022 Official Journal No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14
The connection modes are described in more detail in the UDFS on the Eurosystem Single Market Infrastructure Gateway (ESMIG) Portal.
Annex to Instruction No. 16/2022 Official Journal No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14
Appendix II TARGET COMPENSATION SCHEME
General principles a) In the event of a TARGET failure, direct participants have the right to submit claims for compensation under the TARGET compensation scheme established in this appendix. b) Unless decided otherwise by the ECB Governing Council, the TARGET compensation scheme will not apply if the TARGET failure was due to external causes beyond the reasonable control of the CBs involved or is the result of acts or omissions by third parties. c) The compensations provided for in the TARGET compensation scheme will be the only means of redress offered in the event of a TARGET failure. Participants may, however, resort to other legal means to claim compensation for their losses. The acceptance of a compensation proposal under the TARGET compensation scheme by a participant will constitute an irrevocable waiver by that participant of any further claims against any CB with respect to the cash transfer orders for which compensation is accepted (including for indirect damages), and the acknowledgment that, upon receiving the corresponding payment, they give full discharge. The participant will indemnify the CBs involved, up to the limit of the amount received under the TARGET compensation scheme, with respect to any claim for compensation claimed by another participant or third party regarding the same cash transfer order or the same cash transfer. d) The compensation proposal does not constitute an admission of liability for any TARGET failure by the Bank of Portugal or any other CB.
Conditions for compensation a) A payer may claim the reimbursement of the administrative fee and the payment of compensatory interest if, due to a TARGET failure, their payment order is not settled on the same business day it was accepted. b) A beneficiary may claim an administrative fee if, due to a TARGET failure, they have not received a cash transfer they expected to receive on a certain business day. The beneficiary may also claim compensatory interest whenever one or more of the following conditions are met: i) for participants who have access to the liquidity lending facility: a beneficiary has had to resort to the liquidity lending facility due to a TARGET failure; and/or ii) for all participants: if it was technically impossible to resort to the money market or if such financing proved unviable for other concrete justified reasons.
Calculation of compensation a) Compensation of payers:
Annex to Instruction No. 16/2022 Official Journal No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14
i) the administrative fee will be 50 EUR for the first unsettled cash transfer order, 25 EUR for each of the four subsequent cash transfers after that, and from then on, 12.50 EUR for each cash transfer order. The administrative fee will be calculated separately with respect to each beneficiary; ii) compensatory interest will be determined by applying a reference rate to be fixed daily. This reference rate will be the lower of the Euro Short-Term Rate (€STR) and the rate of the permanent lending facility. The reference rate will be applied to the amount of the cash transfer order not settled as a result of the TARGET failure, for each day of the period between the date it was introduced or, with respect to the cash transfer orders referred to in point 2, letter b), sub-paragraph ii), the date on which it was intended to be introduced, and the date on which that cash transfer order was, or could have been, successfully settled. Any interest or charges resulting from the deposit in the Eurosystem of any unsettled cash transfer orders will be deducted from or charged to the amount of any compensation, as the case may be; iii) no compensatory interest will be paid if the funds from unsettled payment orders have been placed in the market or used to meet mandatory minimum reserve requirements. b) Compensation of beneficiaries: i) the administrative fee will be 50 EUR for the first unsettled cash transfer order, 25 EUR for each of the four subsequent cash transfers after that, and from then on, 12.50 EUR for each cash transfer order. The administrative fee will be calculated separately with respect to each payer; ii) the same calculation method as provided for in letter a), sub-paragraph ii), applies to compensatory interest, except that interest will be paid at a rate equal to the difference between the rate of the permanent lending facility and the reference rate, and calculated on the amount that was financed by this facility as a result of the TARGET failure.
Annex to Instruction No. 16/2022 Official Journal No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14
Appendix III TERMS OF REFERENCE FOR LEGAL OPINIONS REGARDING LEGAL CAPACITY AND NATIONAL OPINIONS
Terms of reference for opinions regarding the legal capacity of TARGET participants Bank of Portugal [Address] Participation in [name of system] [place] [date]
Ex. Mr / Ex. Ms,
In our capacity as [own or external] legal consultants of [specify the name of the participant or the participant's branch], we have been asked to issue this opinion on the issues that arise under the legal order of [jurisdiction in which the participant is established] (hereinafter "jurisdiction") related to the participation of [specify the name of the participant] (hereinafter "Participant") in [name of the TARGET component system] (hereinafter "System").
The assessment contained in this Opinion is limited to the [jurisdiction] legislation in force on the date of issuance of the opinion. We have not conducted any investigation into the laws of other jurisdictions as a basis for our opinion, and we do not express or imply any opinion on this matter. Each of the statements and opinions set out below is equally correct and valid under the legislation of [jurisdiction], regardless of whether the Participant acts through its headquarters or one or more branches established in or outside [jurisdiction] when submitting cash transfer orders and receiving cash transfers.
I. DOCUMENTS EXAMINED For the purposes of this opinion, we have examined:
Annex to Instruction No. 16/2022 Official Journal No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14
and also all other documents regarding the constitution, powers, and necessary or appropriate authorizations for the issuance of this opinion (hereinafter "Participant Documents").
For the purposes of this Opinion, we have also examined:
II. PRESUMPTIONS For the purposes of this opinion and with respect to the Documents, we proceed from the principle that:
III. OPINIONS REGARDING THE PARTICIPANT A. The Participant is a company duly established and registered or duly constituted or organized under the legislation of [jurisdiction]. B. The Participant has all necessary corporate powers to assume and exercise the rights and comply with the obligations arising for it from the System Documentation of which it is a party. C. The adoption or formalization by the Participant, as well as the exercise of the rights and compliance with the obligations arising for it from the System Documentation of which it is a party, does not in any way infringe any legal or regulatory provision of [jurisdiction] applicable to Participants or to the Participant Documents. D. The Participant does not need to obtain any other authorization, approval, consent, notation, registration, notarial certification, or other certificate from any competent court or governmental, judicial, or public authority in [jurisdiction] regarding the adoption, validity, or legal force of any of the documents of the System Documentation, nor for the exercise of the rights and obligations provided therein.
Annex to Instruction No. 16/2022 Official Journal No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14 E. The Participant has taken all corporate measures and all necessary diligence in accordance with the legislation [jurisdiction] to ensure that the obligations imposed upon it by the System Documentation are legally permitted, valid, and binding. This opinion is formulated on the date stated therein and is exclusively addressed to the Bank of Portugal and to [Participant]. No other person may invoke it, nor may its content be disclosed to anyone else save to its recipient and legal advisor without our prior written consent, except to the European Central Bank and the national central banks of the European System of Central Banks [and [the national central bank/competent regulatory authority] of [jurisdiction]]. Yours faithfully, [signature]
Reference Terms for National Opinions Regarding TARGET Participants Not Belonging to the EEA Bank of Portugal [Address] [System Name] [Place], [date] Dear Sir/Madam, In our capacity as [external] legal advisors to [specify the name of the participant or the participant's branch] (hereinafter "Participant"), we have been requested to issue this opinion on the issues arising under the legal order of [jurisdiction in which the Participant is established] (hereinafter "Jurisdiction") related to the participation of the Participant in a system that is part of TARGET (hereinafter "System"). References herein to the legislation of [Jurisdiction] include all applicable regulation of that same Jurisdiction. In this opinion, we pronounce ourselves, in light of the legislation of [Jurisdiction], especially on the rights and obligations arising from participation in the System for the Participant established outside the [insert reference to the Member State of the System], as described in the System Documentation defined below. The assessment contained in this Opinion is limited to the legislation of [Jurisdiction] in its wording at the date of issuance thereof. We have not conducted any investigation into the laws of other jurisdictions as a basis for our opinion, and we do not express, expressly or implicitly, any opinion on this matter. We proceed on the assumption that nothing in the law of other jurisdictions affects the content of this Opinion.
Annex to Instruction No. 16/2022 Official Journal No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14 I. DOCUMENTS EXAMINED For the purposes of this opinion, we have examined the documents listed below, as well as all other documents we deemed necessary or convenient:
Annex to Instruction No. 16/2022 Official Journal No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14 Appendix IV CONTINGENCY AND BUSINESS CONTINUITY PROCEDURES
Annex to Instruction No. 16/2022 Official Gazette No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14
on a given business day, delay the start of the following business day, or alter the schedule of any other event listed in Appendix V. b) The TARGET cut-off times on a given business day may be postponed if a TARGET failure occurring during that day is resolved before 18:00 hours. The extension of the closing time will normally not exceed two hours, and must be announced to participants as early as possible. c) Once announced, the extension of TARGET cut-off times cannot be cancelled.
1.4. Other provisions a) In the event of a failure of the Bank of Portugal, some or all of its technical functions related to TARGET-PT may be performed on its behalf by other Eurosystem NCBs or Level 3 NCBs. b) The Bank of Portugal may require participants to participate in regular or ad hoc tests of contingency and business continuity procedures, training sessions, or any other preventive measures that the Bank of Portugal deems necessary. Any costs incurred by participants as a result of these tests or other provisions shall be borne exclusively by the participants.
2.1. Shift of TARGET operation to an alternative location a) In accordance with point 1.1, letter b), sub-letter i), the operation of TARGET may be shifted to an alternative location, in the same or another region. b) In the event that the operation of TARGET is shifted to another region, participants must: i) refrain from sending new cash transfer orders in TARGET; ii) at the request of the Bank of Portugal, carry out a reconciliation exercise; iii) resend cash transfer orders that they have detected as missing; and iv) provide the Bank of Portugal with all information necessary for this purpose. c) The Bank of Portugal may take any other measures, including debiting and crediting participants' accounts, aimed at returning these participants' accounts to their situation prior to the shift.
2.2. Change of operating hours a) If the Bank of Portugal delays the closing of TARGET as provided for in point 1.3 before 16:50, the minimum one-hour period between the cut-off time for customer and interbank payment orders will, in principle, continue to apply. b) SPs must establish ways to handle cases where the daily session cannot be started on time due to a TARGET failure occurring the previous day.
2.3. Contingency processing a) If it deems necessary, the Bank of Portugal will activate contingency processing of cash transfer orders using the TARGET Contingency Module or other means. In such cases, contingency processing must be carried out on a best-efforts basis. The Bank of Portugal will inform the respective participants of the start of contingency processing through any available means of communication. b) In contingency processing using the TARGET Contingency Solution, cash transfer orders will be submitted by holders of LBTR CND and authorized by the Bank of Portugal. The Bank of Portugal may also, exceptionally, manually enter cash transfer orders on behalf of participants. Furthermore, SPs may submit files containing payment instructions in accordance with the settlement procedure A of LBTR SP, which the SP authorizes the Bank of Portugal to load into the Contingency Solution. c) The following cash transfer orders will be considered "very critical," and the Bank of Portugal must make every effort to process them in contingency situations without unjustified delay: i) payments related to the settlement of CLS Bank International operations processed through CLSSettlement; ii) additional margin calls from central counterparties. d) Cash transfer orders other than those listed in letter c) that are necessary to avoid systemic risk will be considered "critical," and the Bank of Portugal may decide to initiate contingency treatment for these orders. Cash transfer orders must include, without limitation: i) cash transfer orders related to the settlement of other systemically important payment systems, as defined in European Central Bank (ECB) Regulation (EU) No 795/2014 (ECB/2014/28) 7; ii) liquidity transfer orders for T2S CND or TIPS CND; iii) liquidity transfer orders indispensable for the execution of very critical cash transfer orders, as established in letter c), or for other critical cash transfer orders. e) Cash transfer orders that have been submitted via TARGET-PT but are waiting in queue may also be subject to contingency processing. In such cases, the Bank of Portugal will seek to avoid duplication of cash transfer order processing, but if this happens, the risk will be borne by the participants.
7 European Central Bank Regulation (EU) No 795/2014 of 3 July 2014 on the oversight requirements for systemically important payment systems (ECB/2014/28) (OJ L 217 of 23.7.2014, p. 16).
f) Participants must provide eligible assets as collateral assets for the contingency processing of payment orders. During contingency processing, received cash transfer orders may be used to finance executed cash transfer orders.
2.4. Failures related to participants a) In the event that a participant encounters a problem preventing them from issuing cash transfer orders in TARGET, they must resolve the problem using their own means. The participant may, in particular, resort to internal solutions or the GUI functionality to process liquidity transfers and payment orders, or use the backup functionality available in the GUI. b) If the means, solutions, or functionalities used by the participant referred to in letter a) are exhausted or prove insufficient, the participant may request support from the Bank of Portugal, which will provide such support on a best-efforts basis. It is at the discretion of the Bank of Portugal to decide what support to provide to the participant. c) Other detailed contingency measures regarding the SP will be set out in additional agreements between the Bank of Portugal and the relevant SP.
3.1. Shift of TARGET operation to an alternative location a) In accordance with point 1.1, letter b), sub-letter i), the operation of TARGET may be shifted to an alternative location, in the same or another region. b) In the event that the operation of TARGET is shifted to another region, participants must: i) refrain from sending new cash transfer orders in TARGET; ii) at the request of the Bank of Portugal, carry out a reconciliation exercise; iii) resend cash transfer orders that they have detected as missing; and iv) provide the Bank of Portugal with all information necessary for this purpose. c) The Bank of Portugal may take any other measures, including debiting and crediting participants' accounts, aimed at returning these participants' accounts to their situation prior to the shift.
3.2. Contingency processing a) If it deems necessary, the Bank of Portugal will activate contingency processing of cash transfer orders using the TARGET Contingency Module or other means. In such cases, contingency processing must be carried out on a best-efforts basis. The Bank of Portugal will inform the respective participants of the start of contingency processing through any available means of communication.
b) In contingency processing using the TARGET Contingency Solution, cash transfer orders will be submitted by CNP holders and authorized by the Bank of Portugal. The Bank of Portugal may also, exceptionally, manually enter cash transfer orders on behalf of participants. c) Cash transfer orders necessary to avoid systemic risk will be considered "critical," and the Bank of Portugal may decide to initiate contingency processing for them. d) Cash transfer orders that have been submitted via TARGET-PT but are waiting in queue may also be subject to contingency processing. In such cases, the Bank of Portugal will seek to avoid duplication of cash transfer order processing, but if this happens, the risk will be borne by the participants. e) Participants must provide eligible assets as collateral assets for the contingency processing of payment orders. During contingency processing, received cash transfer orders may be used to finance executed cash transfer orders.
3.3 Failures related to participants a) In the event that a participant encounters a problem preventing them from issuing cash transfer orders in TARGET, they must resolve the problem using their own means. In particular, a participant may use any internal solutions or the GUI functionality to process liquidity transfer orders. b) If the means, solutions, or functionalities used by the participant referred to in letter a) are exhausted or prove insufficient, the participant may request support from the Bank of Portugal, which will provide such support on a best-efforts basis. It is at the discretion of the Bank of Portugal to decide what support to provide to the participant.
4.1. Shift of TARGET operation to an alternative location a) In accordance with point 1.1, letter b), sub-letter i), the operation of TARGET may be shifted to an alternative location, in the same or another region (if available). b) In the event that the operation of TARGET is shifted to another region, participants must: i) refrain from sending new cash transfer orders in TARGET; ii) at the request of the Bank of Portugal, carry out a reconciliation exercise; iii) resend instructions that they have detected as missing; and iv) provide the Bank of Portugal with all information necessary for this purpose.
c) The Bank of Portugal may take any other measures, including debiting and crediting participants' accounts, aimed at returning these participants' account balances to their situation prior to the shift.
4.2. Failures related to participants a) In the event that a T2S CND holder encounters a problem preventing them from settling cash transfer orders in TARGET-PT, they must resolve the problem using their own means. b) If the means referred to in letter a) are exhausted or prove insufficient, the participant may request support from the Bank of Portugal, which will provide such support on a best-efforts basis. It is at the discretion of the Bank of Portugal to decide what support to provide to the participant.
Appendix V TARGET OPERATING HOURS
| HH: MM | CNP | LBTR CND 7 | T2S CND | TIPS CND 8 |
|---|---|---|---|---|
| 18:45 (D-1) | Start of business day: Change of value date | Start of business day: Change of value date | Start of business day: Change of value date | Preparation of overnight settlement |
| Processing of immediate payment orders and liquidity transfer orders to/from TIPS SP technical accounts. No liquidity transfers between TIPS CND and other accounts | ||||
| 19:00 (D-1) | Settlement of central bank operations (CBO) | Refund of permanent liquidity facility | Cut-off time for acceptance of data from the Collateral Management System (CMS) (19:00) | |
| Refund of overnight deposits | Processing of automated and rule-based liquidity transfer orders | Preparation of overnight settlement | ||
| 19:30 (D-1) | Settlement of central bank operations; Processing of permanent liquidity transfer orders | Processing of immediate liquidity transfer orders | Settlement of SP orders | Processing of permanent liquidity transfer orders |
| Processing of immediate payment orders and liquidity transfer orders to/from CNP and LBTR CND | ||||
| 20:00 (D-1) | Nightly settlement cycles | Processing of liquidity transfer orders to/from T2S CND | ||
| 2:30 (calendar day after D-1) | Non-optional maintenance window on — business days after closing, including business Mondays | Optional maintenance window (if necessary) from 3:00 to 5:00 on other days | Non-optional maintenance window on — business days after closing, including business Mondays | Optional maintenance window (if necessary) from 3:00 to 5:00 on other days 9 |
| Optional maintenance window (if necessary) from 3:00 to 5:00 on other days | ||||
| Processing of immediate payment orders and liquidity transfer orders to/from TIPS SP technical accounts. No liquidity transfer orders between TIPS CND and other accounts | ||||
| Reopening time* (D) | Settlement of CBO | Processing of automated, rule-based, and immediate liquidity transfer orders | Settlement of SP orders | Processing of automated, rule-based, and immediate liquidity transfer orders |
| 5:00 (D) | Daytime processing/Real-time settlement: Preparation of real-time settlement | Partial settlement windows 10 | ||
| 16:00 (D) | Cut-off time for Delivery versus Payment (DvP) orders | |||
| 16:30 (D) | Automatic refund of self-collateral operations, followed by optional cash drainage | |||
| 17:00 (D) | Cut-off time for customer payment orders | |||
| 17:40 (D) | Cut-off time for bilaterally agreed treasury management (BATM) and CBO operations | |||
| 17:45 (D) | Cut-off time for liquidity transfer orders to T2S CND | Cut-off time for entry of liquidity transfer orders | Blocking of liquidity transfer orders from TIPS CND to T2S CND. During this period, no liquidity transfer orders are processed between T2S CND and TIPS CND | |
| 18:00 (D) | Cut-off time for: - Liquidity transfer orders - CBO, except permanent facilities - Credit line changes | Cut-off time for: — Interbank payment orders and — Liquidity transfer orders — SP orders | Cut-off time for free of payment (FOP) settlements | End of T2S settlement processes |
| Shortly after 18:00: | Change of business day (after receiving the message |
1 According to the calendar applicable at the ECB headquarters. 2 According to the calendar applicable at the ECB headquarters. 3 According to the calendar applicable at the ECB headquarters. 4 According to the calendar applicable at the ECB headquarters. 5 Also applies to LBTR SP technical accounts, sub-accounts, and SP guarantee fund accounts. 6 Also applies to TIPS SP technical accounts. 7 Also applies to LBTR SP technical accounts, sub-accounts, and SP guarantee fund accounts. 8 Also applies to TIPS SP technical accounts.
9 For T2S CND: for the purpose of the maintenance window, May 1st is considered a business day.
10 Partial settlement windows take place at 8:00, 10:00, 12:00, 14:00, and 15:30 (or 30 minutes before the start of the Delivery versus Payment (DvP) cut-off time, whichever is earlier).
Annex to Instruction No. 16/2022 Official Gazette No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14
HH: MM CNP LBTR CND 7 T2S CND TIPS CND 8 bilaterally (bilaterally agreed treasury management – BATM) and CBO 17:45 (D) Cut-off time for liquidity transfer orders to T2S CND Cut-off time for entry of liquidity transfer orders Blocking of liquidity transfer orders from TIPS CND to T2S CND. During this period, no liquidity transfer orders are processed between T2S CND and TIPS CND 18:00 (D) Cut-off time for:
Annex to Instruction No. 16/2022 Official Journal No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14 HH: MM CNP CND LBTR 7 CND T2S CND TIPS 8 camt.019 from the CNP/LBTR) Image Instantaneous balances of CND TIPS and end-of-day reports 18h15 (D) Deadline for using permanent facilities 18h40 (D) Deadline for using the permanent facility for providing liquidity (only for NCBs) Processing of daily session end The operating hours may be subject to changes if business continuity measures are adopted in accordance with Appendix IV. On the last day of the minimum reserve maintenance period of the Eurosystem, the deadlines 18h15, 18h40, 18h45, 19:00 and 19:30 for CNP and CND LBTR (as well as for technical accounts of LBTR PS and subaccounts and guarantee fund accounts of the PS) are delayed by 15 minutes. List of abbreviations and notes relating to this table: *Reopening times: may vary depending on the situation. Information is provided by the Operator. (D-1): previous working day (D): calendar day = working day = value date CMS: Collateral Management System DvP [Orders]: Delivery versus Payment Orders.
Annex to Instruction No. 16/2022 Official Journal No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14 Appendix VI PRICE LIST
Annex to Instruction No. 16/2022 Official Journal No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14 Monthly fee 1,875 EUR Monthly volume of payment orders Band From To Transaction fee per payment order
1 Regardless of whether it is a CND LBTR, an LBTR PS technical account or an SP guarantee fund account. 2 Addressable BIC holders are available for different types of participants: addressable BIC holder – Correspondent; addressable BIC holder – Participant branch; and addressable BIC holder – Correspondent branch. Only the addressable BIC holder — Correspondent is subject to the fee. The fee is charged for each different 11-digit BIC.
Annex to Instruction No. 16/2022 Official Journal No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14 4. FEES APPLICABLE TO PS USING LBTR PS SETTLEMENT PROCEDURES Fees are charged per peripheral system, regardless of the number and type of accounts. Operators operating more than one system will be invoiced for each system.
3 Regardless of whether it is a CND LBTR, an LBTR PS technical account or an SP guarantee fund account.
Annex to Instruction No. 16/2022 Official Journal No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14 A. Fixed Fee I Monthly fee per AS 2,000 EUR B. Fixed Fee II (based on underlying gross value 4) Volume (millions of EUR/day) Annual fee (EUR) Monthly fee (EUR) from 0 to 999.99 10,000 833 from 1,000 to 2,499.99 20,000 1,667 from 2,500 to 4,999.99 40,000 3,334 from 5,000 to 9,999.99 60,000 5,000 from 10,000 to 49,999.99 80,000 6,666 from 50,000 to 499,999.99 100,000 8,333 500,000 or more 200,000 16,667
4 The "underlying gross value" is the total amount of gross monetary obligations that are fulfilled through a PS after settlement in a CND LBTR or a subaccount. With regard to central counterparties, the underlying gross value is the total notional value of futures contracts or the market value of futures contracts, at values to be settled when the contracts expire and commissions are applied.
Annex to Instruction No. 16/2022 Official Journal No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14 5. FEES APPLICABLE TO CND T2S HOLDERS
Annex to Instruction No. 16/2022 Official Journal No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14 2. Liquidity transfer orders from CND TIPS to: CNP, CND LBTR, subaccounts; overnight deposit accounts; SP TIPS technical accounts; and CND T2S are free of charge. 7. FEES APPLICABLE TO PS USING TIPS PS SETTLEMENT PROCEDURES
Annex to Instruction No. 16/2022 Official Journal No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14 Appendix VII REQUIREMENTS RELATING TO INFORMATION SECURITY MANAGEMENT AND BUSINESS CONTINUITY MANAGEMENT CNP, CND T2S AND CND TIPS HOLDERS These requirements relating to information security management and business continuity management are not applicable to holders of CNP, CND T2S and CND TIPS. CND LBTR HOLDERS AND PS The requirements established in section 1 of this Appendix VII (information security management) are applicable to all CND LBTR holders and to PS, unless a CND LBTR holder or a PS demonstrates that a specific requirement is not applicable to it. In defining the scope of these requirements within its own infrastructure, the participant must identify the elements that form part of the Payment Transaction Chain (PTC). More precisely, the payment transaction chain starts at an entry point (Point of Entry – PoE), i.e., a system that participates in the creation of operations (for example, a workstation, a customer service or backoffice application, or a middleware application), and ends at the system responsible for sending the message to the FSR. The requirements established in section 2 of this Appendix VII (business continuity management) are applicable to CND LBTR holders and to PS designated by the Eurosystem as critical for the proper functioning of the TARGET system, based on criteria periodically updated and published on the ECB website.
Annex to Instruction No. 16/2022 Official Journal No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14 requirement 1.1) throughout the organization, including the allocation of sufficient resources and the assignment of security responsibilities for this purpose. Requirement 1.3: External parties The information security of the organization and its information processing facilities must not be compromised by the use of one or more external parties or products/services provided by them or by dependence on them or their products/services. Any access to the organization's information processing facilities by external parties must be controlled. Whenever external parties or external party products/services need to have access to the organization's information processing facilities, a risk assessment must be carried out to determine the implications for security and control requirements. Controls must be agreed upon and defined in an agreement with each external party concerned. Requirement 1.4: Asset management All information assets, operational processes and underlying information systems, such as operating systems, infrastructures, operational applications, standard products, services and user-developed applications, covered by the payment transaction chain must be accounted for and have a designated owner («nominated owner»). Responsibility must be assigned for maintaining and operating appropriate controls over operational processes and their IT components with a view to protecting information assets. Note: the owner may, if necessary, delegate the implementation of specific controls, but remains responsible for the adequate protection of assets. Requirement 1.5: Classification of information assets Information assets must be classified according to their critical importance for the adequate provision of service by the participant. The classification must indicate the need, priorities and degree of protection required in the handling of the information asset in the operational processes concerned and must also take into account the underlying IT components. An information asset classification system approved by management must be used to define a suitable set of protection controls throughout the entire life cycle of information assets (including the removal and destruction of information assets) and to communicate the need for specific treatment measures. Requirement 1.6: Human resource security Security responsibilities must be defined before recruitment, through the adequate description of job positions and employment conditions. All job candidates, contractors and third-party users must be subject to adequate control, especially with regard to sensitive job positions. Employees, contractors and third-party users of information processing facilities must sign an agreement regarding their functions and security responsibilities. An adequate level of awareness must be ensured for all workers, contractors and third-party users, and training and instruction on security procedures and correct use
Annex to Instruction No. 16/2022 Official Journal No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14 of information processing facilities must be ensured to minimize possible security risks. A formal disciplinary process must be instituted for dealing with security breaches by workers. Responsibilities must be defined to ensure the management of the departure of an employee, contractor or third-party user from the organization or their transfer within the same, as well as the return of all equipment and the revocation of all access rights. Requirement 1.7: Physical and environmental security Critical or sensitive information processing facilities must be located in secure zones, protected by defined security perimeters, with adequate barriers and entry controls. They must be physically protected against unauthorized access and damage and interference. Access is exclusively granted to persons covered by requirement 1.6. Procedures and standards will be established to protect physical media containing information assets during their transport. Equipment is protected against physical and environmental threats. Protection of equipment (including equipment used off-site) and protection against removal of goods is necessary to reduce the risk of unauthorized access to information and to protect against loss or damage to equipment or information. Special safeguard and protection measures against physical threats to support facilities, such as power supply and cabling infrastructure, may be necessary. Requirement 1.8: Operational management Responsibilities and procedures must be established for the management and operation of information processing facilities covering all underlying systems of the payment transaction chain, from end to end. With regard to operational procedures, including the technical administration of computer systems, separation of duties must be implemented whenever necessary, in order to reduce the risk of intentional or negligent misuse of the system. If separation of duties cannot be implemented for documented objective reasons, compensating controls must be introduced following a formal risk analysis. Controls must be established to prevent and detect the introduction of malicious code into the systems of the payment transaction chain. Controls (including user awareness) must also be established to prevent, detect and remove malicious code. Only mobile code from trusted sources (for example, Microsoft signed COM components and Java Applets) should be used. Browser program configuration (for example, the use of extensions and plug-ins) must be strictly controlled. Management must implement data safeguard and recovery policies; such data recovery policies must include a restoration process plan that must be tested at least annually. Systems critical to payment security must be monitored and events relevant to information security must be recorded. Logs must be used
Annex to Instruction No. 16/2022 Official Journal No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14 operation (operator logs) to ensure the identification of computer system problems. The operation logs must be examined regularly by sampling, taking into account the critical importance of the operations. System monitoring must be used to verify the effectiveness of controls identified as critical for payment security and to verify compliance with an access policy model. Information exchanges between organizations must be based on a formal exchange policy, executed in accordance with the exchange agreements concluded between the parties involved, and respect all relevant legislation. Third-party software components used in the information exchange with TARGET (such as software received from a service bureau) must be used under a formal agreement with the third party. Requirement 1.9: Access Control Access to information assets must be justified based on operational needs (need-to-know 26) and in accordance with the company's policy framework established (including the information security policy). Clear access control rules must be defined based on the principle of least privilege 27, in order to faithfully reflect the needs of the corresponding operational and computer processes. Where applicable (for example, regarding backup management), logical access control must be consistent with physical access control, unless adequate compensating controls exist (e.g., encryption and anonymization of personal data). There must be formal and documented procedures to control the assignment of access rights to computer systems and services covered by the scope of the payment operation chain. The procedures must cover all phases of the user access lifecycle, from initial registration of new users to final cancellation of registration of users who no longer require access. Special attention must be given, where applicable, to the assignment of access rights of such critical importance that their abuse could have serious negative repercussions on the operations of the participant (for example, access rights that allow system administration, the neutralization of system controls or direct access to operational data). Adequate controls must be adopted to identify, authenticate and authorize users at specific points in the organization's network, for example, regarding local and remote access to systems in the payment operation chain. Personal accounts are not shared to ensure accountability. Regarding passwords, rules must be established and applied through specific controls to ensure that they cannot be easily deduced, for example, rules relating to
26The 'need-to-know' principle refers to the identification of the set of information that a person needs to have access to in order to perform their functions. 27The 'least privilege' principle refers to adapting the subject's access profile to the computer system, so that it corresponds to the corresponding professional function.
Annex to Instruction No. 16/2022 Official Journal No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14 their complexity and limited temporal validity. A secure protocol for password recovery and/or reinitialization must be established. A policy regarding the use of cryptographic controls must be developed and implemented to protect the confidentiality, authenticity and integrity of information. A key management policy must be established in support of the use of cryptographic controls. There must be a policy on the viewing of confidential information on screen or on paper, for example, a clear screen or clear desk policy, in order to reduce the risk of unauthorized access. Regarding remote work, the risks of working in an unprotected environment must be taken into account and appropriate technical and organizational controls must be applied. Requirement 1.10: Acquisition, development and maintenance of computer systems Security requirements must be identified and agreed upon before the development and/or implementation of computer systems. Appropriate controls must be incorporated into applications, including applications developed by users, in order to ensure correct processing. These controls must include validation of input data, internal processing and output data. Additional controls may be necessary for systems that process or have an impact on sensitive, valuable or critical information. Such controls will be determined based on security requirements and risk assessment in accordance with established policies (for example, information security policy, cryptographic control policy). The operational requirements of new systems must be established, documented and tested before their acceptance and use. Regarding network security, appropriate controls must be implemented, including segmentation and secure management, based on the critical importance of data flows and the level of risk of the organization's network areas. Specific controls must exist to protect confidential information circulating on public networks. Access to system files and program source code must be controlled and computer projects and support activities must be carried out securely. Exposure of sensitive data in test environments should be avoided. Design and support environments must be strictly controlled. The introduction of changes into production must be strictly controlled. An assessment of the risks of major changes to be introduced into production must be carried out. Regular security testing activities of production systems must also be carried out in accordance with a predefined plan based on the results of a risk assessment, and security tests must include, at least, vulnerability assessments. All deficiencies detected during security testing activities must be assessed and action plans must be drawn up to close any identified gaps, which must be followed up in a timely manner.
Annex to Instruction No. 16/2022 Official Journal No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14 Requirement 1.11: Information security in relationships with suppliers 28 In order to ensure the protection of the participant's internal computer systems accessible to suppliers, the information security requirements to mitigate the risks associated with supplier access must be documented and formally agreed with the supplier. Requirement 1.12: Management of information security incidents and improvements in this regard In order to ensure a consistent and effective approach to the management of information security incidents, including the reporting of occurrences and weaknesses in security matters, the functions, responsibilities and procedures must be established and tested, at the operational and technical level, in order to ensure rapid, effective, orderly and safe recovery following information security incidents, including scenarios relating to a cyber cause (for example, fraud committed by an external attacker or by an insider). Personnel involved in these procedures must receive adequate training. Requirement 1.13: Technical compliance verification A participant's internal computer systems (for example, back-office systems, internal networks and external network connectivity) must be regularly evaluated for compliance with the policy framework adopted by the organization (for example, information security policy, cryptographic control policy). Requirement 1.14: Virtualization Guest virtual machines must comply with all security controls established for physical hardware and physical systems (for example, hardening and logging). Controls relating to hypervisors must include: hypervisor and host operating system hardening, regular application of patches, strict separation of different environments (for example, production and development). Centralized management, logging and monitoring, as well as access rights management, especially privileged accounts, must be implemented based on a risk assessment. Guest virtual machines managed by the same hypervisor must have a similar risk profile Requirement 1.15: Cloud computing The use of public and/or hybrid cloud computing solutions in the payment operation chain must be based on a formal risk assessment, taking into account technical controls and contractual clauses relating to the cloud computing solution.
28In the context of this exercise, 'supplier' means any third party (and its personnel) that has concluded a contract (agreement) with the institution to provide a service and that has access, under the service provision agreement, remotely or locally, to information and/or computer systems and/or information processing facilities of the institution covered by the scope of the TARGET self-certification exercise or associated with it.
Annex to Instruction No. 16/2022 Official Journal No. 10/2022 • 2022/10/17 Topics Payment Systems :: Large-Value Payment System .................................................................................................................................................................................................. Mod. 99999911/T – 01/14 If hybrid cloud computing solutions are used, it is understood that the level of criticality of the overall system is the highest of the linked systems. All components of hybrid solutions on-site must be separated from other existing systems on-site. 2. BUSINESS CONTINUITY MANAGEMENT The following requirements relate to business continuity management. Each participant in TARGET classified by the Eurosystem as critical for the proper functioning of the TARGET system must have a business continuity strategy that meets the following requirements. Requirement 2.1: Business continuity plans have been developed and procedures are in place for their maintenance. Requirement 2.2: An alternative operational site must be available. Requirement 2.3: The risk profile of the alternative site must be different from the risk profile of the main site, in order to avoid both sites being affected by the same event at the same time. For example, the alternative site must fall within a different electrical grid and central telecommunications circuit than those of the company's main location. Requirement 2.4: In the event of a major operational disruption that makes the main site and/or critical personnel inaccessible, the critical participant must be able to resume normal operations from the alternative site, where it must be possible to properly close the business day and open the business day or days following. Requirement 2.5: Procedures must exist to ensure that transaction processing is resumed at the alternative site within a reasonable time after the initial service interruption and proportional to the critical importance of the activity that suffered disruptions. Requirement 2.6: The ability to cope with operational disruptions must be tested at least once a year and critical personnel must receive adequate training. The maximum interval between tests must not exceed one year. Annex amended by Instruction No. 17/2022, published in Official Journal No. 11/2022 Supplement, of November 21.
Annex II to the Instruction TARGET GOVERNANCE MECHANISM Level 1 — ECB Governing Council Level 2 — Technical and Operational Management Body Level 3 — Level 3 NCB
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Annex III to the Instruction DEFINITIONS
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“Automated liquidity transfer order”: an automated liquidity transfer order generated to transfer funds from a designated LBTR DCA to the participant’s CCA, in the event that the funds available in that CCA are insufficient for the settlement of central bank operations;
“Available liquidity”: the credit balance of a participant’s account, plus, if applicable, any intraday credit line granted to that participant’s CCA by the relevant euro area NCB but not yet used, or reduced, if applicable, by the amount of any liquidity reserves processed or funds blocked in the CCAs or LBTAs;
“Banking group”: a) The set of credit institutions included in the consolidated financial statements of a parent undertaking that is required to prepare consolidated financial statements under International Accounting Standard No. 27 (IAS 27) adopted pursuant to Commission Regulation (EC) No. 1126/2008, and which may be composed either: i) by a parent undertaking and one or more subsidiaries; or ii) by two or more subsidiaries of a parent undertaking; or b) A set of credit institutions as referred to in point (a), subpoints (i) or (ii), whose parent undertaking is not required to prepare consolidated financial statements in accordance with IAS 27, but which is found to meet the criteria defined in that standard for inclusion in consolidated financial statements, subject to verification by the participant’s CB; or c) A bilateral or multilateral network of credit institutions that: i) is organized in a legal structure that determines the affiliation of the credit institutions in that network; or ii) is characterized by self-organized cooperation mechanisms (promoting, supporting and representing the commercial interests of its members) and/or by economic solidarity that goes beyond the usual cooperation between credit institutions, where such cooperation and solidarity are permitted by the articles of association or memorandum and articles of association of the credit institutions or established in a separate agreement and, in each case to which subpoints (i) and (ii) of point (c) refer, the Governing Council of the ECB has approved a request that such network be considered as constituting a group;
“Branch”: a branch within the meaning of Article 4(1), point 17, of Regulation (EU) No 575/2013 of the European Parliament and of the Council or Article 4(1), point 30, of Directive 2014/65/EU;
“Broadcast message”: information made available simultaneously to all or to a selected group of participants;
“Business day” or “TARGET business day”: any day on which the CCA, LBTR DCA, or T2S DCA are available for the settlement of cash transfer orders;
“Business Identifier Code (BIC)”: a code within the meaning of ISO Standard No. 9362;
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“Capacity opinion”: an opinion regarding a specific participant, containing an assessment of its legal capacity to assume and comply with its obligations;
“Cash transfer order”: any instruction given by a participant or by a party acting on its behalf to make funds available to a beneficiary by means of an accounting entry in another account, which may take the form of a peripheral system transfer order, liquidity transfer order, instant payment order, positive recall answer, or payment order;
“Central bank (CB)”: a CB of the Eurosystem and/or a connected NCB;
“Central bank operation”: any payment order or liquidity transfer order initiated by a CB in a CCA opened in any component system of TARGET;
“Connected NCB”: an NCB, other than a euro area NCB, that is connected to TARGET under a specific agreement;
“Contingency Solution”: the functionality that allows CBs and participants to process cash transfer orders in the event that normal operation of the CCAs and/or LBTR DCAs and/or TIPS technical accounts is not possible;
“Credit institution”: refers to either a) a credit institution within the meaning of Article 4(1), point 1, of Regulation (EU) No 575/2013 (and the national provisions implementing Article 2(5) of Directive 2013/36/EU of the European Parliament and of the Council applicable to the credit institution), which is subject to supervision by a competent authority; or b) another credit institution within the meaning of Article 123(2) of the Treaty which is subject to a standard of control comparable to that of supervision exercised by a competent authority;
“Credit memorandum balance (CMB)”: the limit established by the holder of the TIPS DCA for the use of liquidity in the TIPS DCA by a specific reachable party;
“Cross-system settlement”: the settlement of cash transfer orders from a PS that debit the TIPS technical account or a subaccount of a settlement bank of a PS using settlement procedure C or D for PS and that credit the TIPS technical account or a subaccount of a settlement bank of another PS using settlement procedure C or D for PS;
“Dedicated cash account (DCA)”: an LBTR DCA, a T2S DCA, or a TIPS DCA;
“Deposit facility rate”: the interest rate applicable to the deposit facility within the meaning of Article 2, point 22, of Guideline (EU) 2015/510 (ECB/2014/60);
“Deposit facility”: the “deposit facility” within the meaning of Article 2, point 21, of Guideline (EU) 2015/510 (ECB/2014/60);
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“Euro area NCB”: the national central bank (NCB) of a Member State whose currency is the euro;
“European Payments Council’s SEPA Instant Credit Transfer (SCT Inst) scheme or SCT Inst scheme”: the automatic open-rules mechanism providing a set of interbank rules to be complied with by their respective participants, which allows payment service providers in the Single Euro Payments Area (SEPA) to offer an automatic euro instant credit transfer product at SEPA level;
“Eurosystem CB”: the ECB or a euro area NCB;
“Event of default”: any situation, imminent or actual, the occurrence of which could jeopardize the compliance by a participant with its obligations arising from the Conditions in Annex I, Part I, or any other rules applicable to the relations between that participant and the participant’s CB or any other CB, including cases where: a) The participant fails to meet the access criteria established in the national implementing provisions of Part I, Annex I, Article 4, or the requirements established in the relevant national implementing provisions of Part I, Annex I, Article 5(1)(a); b) Insolvency proceedings are initiated against the participant; c) An application relating to the proceedings referred to in point (b) is submitted; d) The participant declares in writing its inability to pay all or part of its debts or to comply with its obligations related to intraday credit; e) The participant enters into an arrangement or composition with its creditors; f) The participant is insolvent or unable to pay its debts, or is considered as such by its CB; g) The credit balance of any of the TARGET accounts or all or a substantial part of the participant’s assets is subject to an order of freezing, attachment, seizure, or any other procedure intended to protect the public interest or the rights of the participant’s creditors; h) The participant’s participation in another component system of TARGET and/or in a PS has been suspended or cancelled; i) Any guarantee or important pre-contractual statement, express or implied, made by the participant under applicable law proves to be false or incorrect; j) There is a transfer of all or a substantial part of the participant’s assets;
“Guarantee funds”: funds made available by participants in a PS, to be used in the event that one or more participants fail, for any reason, to comply with their payment obligations in the PS;
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“Insolvency proceedings”: the bankruptcy proceedings within the meaning of Article 2(j) of Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems;
“Instant payment order”: in the context of the European Payments Council’s SEPA Instant Credit Transfer (SCT Inst) scheme, a cash transfer order that can be executed at any time of the day, on any day of the year, with instant or near-instant settlement and notification to the payer, and which includes: i) instant payment orders from TIPS DCA to TIPS DCA; ii) instant payment orders from TIPS DCA to TIPS PS technical account; iii) instant payment orders from TIPS PS technical account to TIPS DCA; and iv) instant payment orders from TIPS PS technical account to TIPS PS technical account;
“Instructing party”: an entity that has been designated as such by a holder of a TIPS DCA or a holder of a TIPS PS technical account and which is allowed to submit instant payment orders or liquidity transfer orders and/or receive instant payment orders or liquidity transfer orders on behalf of that account holder or a reachable party thereof;
“Intraday credit”: credit granted for a period of less than one business day;
“Investment firm”: an investment firm within the meaning of point (r) of Article 2-A of the General Regime of Credit Institutions and Financial Companies, approved by Decree-Law No. 298/92 of 31 December, with successive amendments, provided that the investment firm in question: a) Has been authorized and is supervised by a recognized competent authority, designated as such under Directive 2014/65/EU; and b) Is authorized to carry out the activities referred to in Article 290 of the Securities Code, approved by Decree-Law No. 486/99 of 13 November, and republished by Law No. 35/2018, which transposes Directive 2014/65/EU;
“Level 3 NCBs”: the Deutsche Bundesbank, the Banque de France, the Banca d’Italia, and the Banco de España in their capacity as builder and operator CBs of TARGET for the benefit of the Eurosystem;
“Liquidity transfer order”: an instruction to transfer a specified amount of funds for liquidity management purposes;
“Marginal lending facility rate”: the rate of the marginal lending facility within the meaning of Article 2, point 57, of Guideline (EU) 2015/510 (ECB/2014/60);
“Marginal lending facility”: the “marginal lending facility” within the meaning of Article 2, point 56, of Guideline (EU) 2015/510 (ECB/2014/60);
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“Mobile proxy look-up (MPL) service”: a service that allows holders of TIPS DCAs, PSs using TIPS PS technical accounts, and reachable parties, who receive from their clients a request to execute an instant payment order in favor of a beneficiary identified by a proxy (for example, a mobile phone number), to obtain from the central MPL repository the corresponding beneficiary IBAN and BIC to be used to credit the relevant account in the TARGET Instant Payment System (TIPS);
“Near instant payment”: a cash transfer order that complies with the Dutch standard applicable to the immediate processing of SEPA credit transfers of the additional optional SEPA credit transfer services (SEPA Credit Transfer Additional Optional Services (SCT AOS) NL Standard) of the European Payments Council;
“Network service provider (NSP)”: a company that has obtained a concession from the Eurosystem to provide connectivity services through the Eurosystem Single Portal for Market Infrastructures to the TARGET services;
“Non-settled cash transfer order”: a cash transfer order that is not settled on the same business day on which it was accepted;
“Participant”: a) an entity that is the holder of at least one CCA and may additionally be the holder of one or more DCAs in TARGET; or b) a PS;
“Payee”: except as used in Annex I, Part I, Article 29, a participant whose CCA or DCA is credited as a result of the settlement of a cash transfer order;
“Payer”: except as used in Annex I, Part I, Article 29, a participant whose CCA or DCA is debited as a result of the settlement of a cash transfer order;
“Payment order”: an instruction from a participant or a party acting on its behalf to make a certain monetary amount available to a recipient by means of an accounting entry in another account, which is not a PS transfer order, a liquidity transfer order, an instant payment order, or a positive recall answer;
“Positive recall answer”: in the context of the European Payments Council’s SEPA Instant Credit Transfer (SCT Inst) scheme, a payment order initiated by the recipient of a recall request, in response to that request, in favor of the sender of said recall request;
“Public sector body”: an entity belonging to the public sector within the meaning of Article 3 of Council Regulation (EC) No 3603/93;
“Reachable party”: an entity: a) holding a Business Identifier Code (BIC); b) designated as a reachable party by a holder of a TIPS DCA or by a peripheral system holding a TIPS PS technical account; c) correspondent, client, or branch of the holder of a TIPS DCA or participant in a peripheral system, or correspondent, client, or branch of the participant in a peripheral system holding a TIPS PS technical account; and d) that can be contacted through TIPS and is in a position to submit or receive cash transfer orders, either through the holder of the TIPS DCA or the peripheral system holding a TIPS PS technical account, or directly, if such is authorized by the holder of the TIPS DCA or by a peripheral system holder of a TIPS PS technical account;
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“Real-time gross settlement ancillary system settlement procedure (RTGS AS settlement procedure)”: one of the special and predefined services for the submission and settlement of payment instructions in the ancillary system related to settlement in PS in LBTR DCA, subaccounts, and LBTR PS technical accounts;
“Real-time gross settlement ancillary system technical account (RTGS AS technical account)”: the account held by a PS or by the CB in its respective TARGET component system on behalf of the ancillary system and used in the context of an RTGS AS settlement procedure;
“Recall request”: a message from a holder of an LBTR DCA or a holder of a TIPS DCA requesting the refund of a payment order already settled or an instant payment order, respectively;
“Rule-based liquidity transfer order”: a liquidity transfer order triggered as a result of: a) the balance of a CCA or an LBTR DCA not meeting a predefined minimum or maximum limit; or b) insufficient available funds to cover orders waiting in queue in an LBTR DCA that are urgent payment orders, PS transfer orders, or high-priority payment orders;
“Settlement bank account group”: list of LBTR DCAs and/or subaccounts established in the context of settlement in an ancillary system using RTGS AS settlement procedures;
“Settlement bank”: holder of an LBTR DCA whose DCA or LBTR subaccount is used to settle PS transfer orders submitted by a PS using the RTGS AS settlement procedures;
“Suspension”: the temporary freezing of the rights and obligations of a participant for a period of time to be determined by the participant’s CB;
“TARGET account”: an account opened in a TARGET component system;
“TARGET component system”: any of the CB systems that make up TARGET;
“TARGET coordinator”: a person appointed by the ECB to ensure the daily operational management of TARGET, manage and coordinate activities in the event of an abnormal situation, and coordinate the dissemination of information to participants;
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“TARGET Instant Payment Settlement (TIPS) ancillary system settlement procedure (TIPS AS settlement procedure)”: the predefined service for the submission and settlement of transfer orders and instant payment orders within a PS in TIPS DCA and TIPS PS technical accounts;
“TARGET Instant Payment Settlement (TIPS) ancillary system technical account (TIPS AS technical account)”: the account held by a PS or by the CB in its respective TARGET component system on behalf of the PS for use by the PS for the purposes of instant payment settlement in its own records;
“TARGET settlement manager”: the person designated by a Eurosystem CB to control the operation of its TARGET component system;
“TARGET2-Securities (T2S)”: the set of equipment, software applications, and other technical infrastructure components through which the Eurosystem provides basic, neutral, and borderless services to CSDs and Eurosystem CBs that allow the settlement, in central bank money, of securities transactions on a delivery versus payment basis;
“Technical malfunction of TARGET”: difficulties, defects, or failures of the technical infrastructure and/or computer systems used by the TARGET component system or any other occurrence that makes it impossible to execute and finalize cash transfer orders in accordance with the different parts of this Instruction in the relevant TARGET component system.
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