Royal Decree of 14 April 2013 Approving the Regulation of the National Bank of Belgium of 11 February 2013

23718 MONITEUR BELGE — 18.04.2013 — BELGISCH STAATSBLAD FEDERAL PUBLIC SERVICE FINANCES [C - 2013/03072] 14 APRIL 2013. — Royal Decree approving the regulation of the National Bank of Belgium of 11 February 2013

ALBERT II, King of the Belgians,
To all, present and future, Greetings.

Having regard to the Law of 22 February 1998 fixing the organic statute of the National Bank of Belgium, Article 12bis; On the proposal of the Minister of Finance, We have decided and decide:

Article 1. The regulation of the National Bank of Belgium of 11 February 2013, annexed to this decree, is approved.

Art. 2. This decree enters into force on the day of its publication in the Moniteur belge.

Art. 3. The Minister who has Finance within his/her attributions is charged with the execution of this decree.

Given in Brussels, 14 April 2013.
ALBERT
By the King
The Minister of Finance,
K. GEENS

FEDERAL PUBLIC SERVICE FINANCES
[C - 2013/03072]
14 APRIL 2013. — Royal Decree approving the regulation of the National Bank of Belgium of 11 February 2013

ALBERT II, King of the Belgians,
To all who are now and hereafter shall be, Our Greeting.

Having regard to the Law of 22 February 1998 establishing the organic statute of the National Bank of Belgium, Article 12bis; On the proposal of the Minister of Finance, We have decided and decide:

Article 1. The regulation of the National Bank of Belgium of 11 February 2013, attached to this decree, is approved.

Art. 2. This decree enters into force on the day on which it is published in the Belgian State Gazette.

Art. 3. The Minister competent for Finance is charged with the execution of this decree.

Given in Brussels, 14 April 2013.
ALBERT
By Royal Order:
The Minister of Finance,
K. GEENS

MONITEUR BELGE — 18.04.2013 — BELGISCH STAATSBLAD 23719
Annex to the Royal Decree approving the Regulation of the National Bank of Belgium of 11 February 2013

The National Bank of Belgium,
Having regard to Article 12bis of the Law of 22 February 1998 fixing the organic statute of the National Bank of Belgium; Having regard to Article 2 and Article 10 of Directive 98/26/EC of 19 May 1998 on settlement finality in payment and securities settlement systems; Having regard to Article 1/1 and Article 5, § 2 of the Law of 28 April 1999 aiming to transpose Directive 98/26/EC of 19 May 1998 concerning the settlement finality in payment and securities settlement systems, Decides:

TITLE I. — Definitions

Article 1. For the purposes of this Regulation, the following terms are understood as:
(1) NBB: the National Bank of Belgium, referred to in the Law of 22 February 1998 fixing the statute of the National Bank of Belgium; (2) securities settlement system: a system referred to in Article 2, § 1, b) of the Law of 28 April 1999 aiming to transpose Directive 98/26/EC of 19 May 1998 concerning the settlement finality in payment and securities settlement systems; (3) institution: an institution referred to in Article 1/1, 2° of the Law of 28 April 1999 aiming to transpose Directive 98/26/EC of 19 May 1998 concerning the settlement finality in payment and securities settlement systems; (4) supervised financial institutions: legal persons that are supervised by a competent authority within the meaning of Regulation No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), a competent authority within the meaning of Regulation No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), a competent authority within the meaning of Regulation No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), a competent authority within the meaning of Article 22 of Regulation No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories, or by a central bank.

TITLE II. — Determination of the existence of a systemic risk

Art. 2. § 1. Without prejudice to the supervision it exercises on the conditions of access to securities settlement systems pursuant to Article 8 of the Law of 22 February 1998 fixing the organic statute of the National Bank of Belgium, the NBB determines the existence of systemic risks justifying the assimilation to an institution:
1° of any supervised financial institution that participates in a securities settlement system; 2° of any other legal person that participates in a securities settlement system.

§ 2. In the cases referred to in § 1, 2° of this Article, the system operator applies specific access conditions in order to take into account the additional risks that could result from the participation of such legal persons in the system.

Art. 3. Securities settlement systems notify the NBB of any modification to their list of participants within a period of 15 days from said modification.

Brussels, 11 February 2013.
The Governor,
L. COENE

Annex to the Royal Decree approving the Regulation of the National Bank of Belgium of 11 February 2013

The National Bank of Belgium,
Having regard to Article 12bis of the Law of 22 February 1998 establishing the organic statute of the National Bank of Belgium; Having regard to Article 2 and Article 10 of Directive 98/26/EC of 19 May 1998 concerning the settlement finality in payment and securities settlement systems; Having regard to Article 1/1 and Article 5, § 2 of the Law of 28 April 1999 transposing Directive 98/26/EC of 19 May 1998 concerning the settlement finality in payment and securities settlement systems, Decides:

TITLE I. — Definitions

Article 1. For the purposes of this Regulation, the following terms are understood as:
(1) "NBB": the National Bank of Belgium, as referred to in the Law of 22 February 1998 establishing the organic statute of the National Bank of Belgium; (2) "securities settlement system": a system as referred to in Article 2, § 1, b) of the Law of 28 April 1999 transposing Directive 98/26/EC of 19 May 1998 concerning the settlement finality in payment and securities settlement systems; (3) "institution": an institution as referred to in Article 1/1, 2° of the Law of 28 April 1999 transposing Directive 98/26/EC of 19 May 1998 concerning the settlement finality in payment and securities settlement systems; (4) "supervised financial institutions": legal persons that are supervised by a competent authority within the meaning of Regulation No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), a competent authority within the meaning of Regulation No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), a competent authority within the meaning of Regulation No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), a competent authority within the meaning of Article 22 of Regulation No 648/2012 of the European Parliament and of the Council of 4 July 2012 concerning OTC derivatives, central counterparties and trade repositories, or by a central bank.

TITLE II. — Determination of the existence of a systemic risk

Art. 2. § 1. Without prejudice to the supervision it exercises on the conditions for access to securities settlement systems on the basis of Article 8 of the Law of 22 February 1998 establishing the organic statute of the National Bank of Belgium, the NBB determines the existence of systemic risks justifying the equalization with an institution:
1° of any supervised financial institution that participates in a securities settlement system; 2° of any other legal person that participates in a securities settlement system.

§ 2. In the cases as referred to in § 1, 2° of this Article, the system operator applies specific access conditions, in order to take into account the additional risks that could arise from the participation of such legal persons in the system.

Art. 3. The securities settlement systems notify the NBB of any change in the list of their participants, and this within a period of 15 days after that change.

Brussels, 11 February 2013.
The Governor,
L. COENE

23720 MONITEUR BELGE — 18.04.2013 — BELGISCH STAATSBLAD For the purpose of being annexed to our decree of 14 April 2013 approving the regulation of the National Bank of Belgium of 11 February 2013.

ALBERT
By the King
The Minister of Finance,
K. GEENS

Seen to be attached to our decree of 14 April 2013 approving the regulation of the National Bank of Belgium of 11 February 2013.

ALBERT
By Royal Order:
The Minister of Finance,
K. GEENS