Regulation BCL 2015/N°20 of 24 August 2015 amending Regulation BCL 2011/N°9 on the collection of data on payment instruments and operations

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BANQUE CENTRALE DU LUXEMBOURG
Regulation of the Central Bank of Luxembourg 2015/N°20 of 24 August 2015 amending the Regulation of the Central Bank of Luxembourg 2011/N°9 of 4 July 2011 on the collection of data on payment instruments and operations

The Directorate of the Central Bank of Luxembourg,

Having regard to the Regulation of the European Central Bank No 1409/2013 of 28 November 2013 (ECB/2013/43) concerning payment statistics;

Considering that this regulation, which provides for the collection of data on payments made using the various payment instruments in force, applies to all financial institutions active in the field of payments;

Considering therefore the need to comply with the aforementioned Regulation of the European Central Bank by adapting the framework for the collection by the Central Bank of Luxembourg of data on payment instruments and operations;

Has adopted:

Article 1
After the fifth recital of the Regulation of the Central Bank of Luxembourg 2011/N°9, the following recital should be added:

"Having regard to the Guideline of the European Central Bank No 2014/15 of 4 April 2014 concerning monetary and financial statistics."

Article 2
After the new recital added by Article 1 of this Regulation, the following recital should be added:

"Without prejudice to the application of Regulation (EU) No 1409/2013 of the European Central Bank of 28 November 2013 (ECB/2013/43) concerning payment statistics."

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Article 3
A fourth paragraph is added to Article 7 of the Regulation of the Central Bank of Luxembourg 2011/N°9, the content of which is as follows:

"The new elements resulting from the modification by Regulation BCL 2015/N°20 of 24 August 2015 of the Annex to this Regulation are to be transmitted from January 2016, unless otherwise stated in said Annex."

Article 4
The first paragraph of Article 9 of the Regulation of the Central Bank of Luxembourg 2011/N°9 is amended as follows:

"Without prejudice to other sanctions and the specific powers of the ECB in this matter, the BCL may make public any infringement of the provisions of this Regulation and inform the competent authorities."

Article 5
A second paragraph is added to Article 10 of the Regulation of the Central Bank of Luxembourg 2011/N°9, the content of which is as follows:

"This Annex specifies the elements resulting from, on the one hand, the Guideline of the European Central Bank No 2014/15 of 4 April 2014 and, on the other hand, the Regulation of the European Central Bank No 1409/2013 of 28 November 2013, for which the ECB remains competent under the latter."

Article 6
The Annex to the Regulation of the Central Bank of Luxembourg 2011/N°9 entitled "Guidance note on the transmission of payment data" is replaced by the new version of said Annex, as published on the website of the Central Bank of Luxembourg (www.bcl.lu).

Article 7
This Regulation is published on the website of the Central Bank of Luxembourg (www.bcl.lu) and in the Mémorial.

The above modifications take effect immediately upon publication of this Regulation.

BANQUE CENTRALE DU LUXEMBOURG
The Directorate