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The Treaty of the European Union

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CHAPTER II
OBJECTIVES AND TASKS OF ESCB
ARTICLE 2
Objectives
In accordance with Article 105(1) of this Treaty, the primary objective of
the ESCB shall be to maintain price stability. Without prejudice to the
objective of price stability, it shall support the general economic
policies in the Community with a view to contributing to the
achievement of the objectives of the Community as laid down in Article
2 of this Treaty. The ESCB shall act in accordance with the principle of
an open market economy with free competition, favouring an efficient
allocation of resources, and in compliance with the principles set out
in Article 3a of this Treaty.
ARTICLE 3
Tasks
3.1. In accordance with Article 105(2) of this Treaty, the basic tasks to
be carried out through the ESCB shall be:
- to define and implement the monetary policy of the Community;
- to conduct foreign exchange operations consistent with the
provisions of Article 109 of this Treaty;
- to hold and manage the official foreign reserves of the Member
States;
- to promote the smooth operation on payment systems.
3.2. In accordance with Article 105(3) of this Treaty, the third indent of
Article 3.1 shall be without prejudice to the holding and management
by the governments of Member States of foreign exchange working
balances.
3.3. In accordance with Article 105(5) of this Treaty, the ESCB shall
contribute to the smooth conduct of policies pursued by the competent
authorities relating to the prudential supervision of credit institutions
and the stability of the financial system.
ARTICLE 4
Advisory functions
In accordance with Article 105(4) of this Treaty:
(a) the ECB shall be consulted:
- on any proposed Community act in its fields of competence;
- by national authorities regarding any draft legislative provision in its
fields of competence, but within the limits and under the conditions set
out by the Council in accordance with the procedure laid down in
Article 42;
(b) the ECB may submit opinions to the appropriate Community
institutions or bodies or to national authorities on matters in its fields
of competence.
ARTICLE 5
Collection of statistical information
5.1. In order to undertake the tasks of the ESCB, the ECB, assisted by
the national central banks, shall collect the necessary statistical
information either from the competent national authorities or directly
from economic agents. For these purposes it shall co-operate with the
Community institutions or bodies and with the competent authorities of
the Member States or third countries and with international
organizations.
5.2. The national central banks shall carry out, to the extent possible,
the tasks described in Article 5.1.
5.3. The ECB shall contribute to the harmonization, where necessary,
of the rules and practices governing the collection, compilation and
distribution of statistics in the areas within its fields of competence.
5.4. The Council, in accordance with the procedure laid down in Article
42, shall define the natural and legal persons subject to reporting
requirements, the confidentiality regime and the appropriate
provisions for enforcement.
ARTICLE 6
International co-operation
6.1. In the field of international co-operation involving the tasks
entrusted to the ESCB, the ECB shall decide how the ESCB shall be
represented.
6.2. The ECB and, subject to its approval, the national central banks
may participate in international monetary institutions.
6.3. Articles 6.1 and 6.2 shall be without prejudice to Article 109(4) of
this Treaty.

CHAPTER III
ORGANIZATION OF THE ESCB
ARTICLE 7
Independence
In accordance with Article 107 of this Treaty, when exercising the
powers and carrying out the tasks and duties conferred upon them by
this Treaty and this Statute, neither the ECB, nor a national central
bank, nor any member of their decision-making bodies shall seek or
take instructions from Community institutions or bodies, from any
government of a Member State or from any other body. The
Community institutions and bodies and the governments of the
Member States undertake to respect this principle and not to seek to
influence the members of the decision-making bodies of the ECB or of
the national central banks in the performance of their tasks.
ARTICLE 8
General principle
The ESCB shall be governed by the decision-making bodies of the
ECB.
ARTICLE 9
The European Central Bank
9.1. The ECB which, in accordance with Article 106(2) of this Treaty,
shall have legal personality, shall enjoy in each of the Member States
the most extensive legal capacity accorded to legal persons under its
law; it may, in particular, acquire or dispose of movable and
immovable property and may be a party to legal proceedings.
9.2. The ECB shall ensure that the tasks conferred upon the ESCB
under Article 105(2), (3) and (5) of this Treaty are implemented either
by its own activities pursuant to this Statute or through the national
central bank pursuant to Articles 12.1 and 14.
9.3 In accordance with Article 106(3) of this Treaty, the decision-
making bodies of the ECB shall be the Governing Council and the
Executive Board.
ARTICLE 10
The Governing Council
10.1. In accordance with Article 109a(1) of this Treaty, the Governing
Council shall comprise the members of the Executive Board of the
ECB and the Governors of the national central banks.
10.2. Subject to Article 10.3, only members of the Governing Council
present in person shall have the right to vote. By way of derogation
from this rule, the Rules of Procedure referred to in Article 12.3 may
lay down that members of the Governing Council may cast their vote
by means of teleconferencing. These rules shall also provide that a
member of the Governing Council who is prevented from voting for a
prolonged period may appoint an alternate as a member of the
Governing Council.
Subject to Articles 10.3 and 11.3, each member of the Governing
Council shall have one vote. Save as otherwise provided for in this
Statue, the Governing Council shall act by a simple majority. In the
event of a tie the President shall have the casting vote.
In order for the Governing Council to vote, there shall be quorum of
two-thirds of the members. If the quorum is not met, the President may
convene and extraordinary meeting at which decisions may be taken
without regard to the quorum.
10.3. For any decisions to be taken under Articles 28, 29, 30, 32, 33
and 51, the votes in the Governing Council shall be weighted
according to the national central banks' shares in the subscribed
capital of the ECB. The weight of the votes of the members of the
Executive Board shall be zero. A decision requiring a qualified
majority shall be adopted if the votes cast in favour represent at least
two thirds of the subscribed capital of the ECB and represent at least
half of the shareholders. If a Governor in unable to be present, he may
nominate an alternate to cast his weighted vote.
10.4. The proceedings of the meetings shall be confidential. The
Governing Council may decide to make the outcome of its
deliberations public.
10.5. The Governing Council shall meet at least ten times a year.
ARTICLE 11
The Executive Board
11.1. In accordance with Article 109a(2)(a) of this Treaty, the Executive
Board shall comprise the President, the Vice-President and four other
members.
The members shall perform their duties on a full-time basis. No
member shall engage in any occupation, whether gainful or not,
unless exemption is exceptionally granted by the Governing Council.
11.2. In accordance with Article 109a(2)(b) of this Treaty, the President,
the Vice-President and the other Members of the Executive Board shall
be appointed from among persons of recognized standing and
professional experience in monetary or banking matters by common
accord of the governments of the Member States at the level of the
Heads of State or of government, on a recommendation from the
Council after it has consulted the European Parliament and the
Governing Council.
Their term of office shall be 8 years and shall not be renewable.
Only nationals of Member States may be members of the Executive
Board.
11.3. The terms and conditions of employment of the members of the
Executive Board, in particular their salaries, pensions and other social
security benefits shall be the subject of contracts with the ECB and
shall be fixed by the Governing Council on a proposal from a
Committee comprising three members appointed by the Governing
Council and three members appointed by the Council. The members of
the Executive Board shall not have the right to vote on matters
referred to in this paragraph.
11.4. If a member of the Executive Board no longer fulfils the
conditions required for the performance of his duties or if he has been
guilty of serious misconduct, the Court of Justice may, on application
by the Governing Council or the Executive Board, compulsorily retire
him.
11.5. Each member of the Executive Board present in person shall
have the right to vote and shall have, for that purpose, one vote. Save
as otherwise provided, the Executive Board shall act by a simple
majority of the votes cast. In the event of a tie, the President shall
have the casting vote. The voting arrangements shall be specified in
the Rules of Procedure referred to in Article 12.3.
11.6. The Executive Board shall be responsible for the current
business of the ECB.
11.7. Any vacancy on the Executive Board shall be filled by the
appointment of a new member in accordance with Article 11.2.
ARTICLE 12
Responsibilities of the decision-making bodies
12.1. The Governing Council shall adopt the guidelines and take the
decisions necessary to ensure the performance of the tasks entrusted
to the ESCB under this Treaty and this Statute. The Governing Council
shall formulate the monetary policy of the Community including, as
appropriate, decisions relating to intermediate monetary objectives,
key interest rates and the supply of reserves in the ESCB and shall
establish the necessary guidelines for their implementation.
The Executive Board shall implement monetary policy in accordance
with the guidelines and decisions laid down by the Governing Council.
In doing so the Executive Board shall give the necessary instructions
to national central banks. In addition the Executive Board may have
certain powers delegated to it where the Governing Council so
decides.
To the extent deemed possible and appropriate and without prejudice
to the provisions of this Article, the ECB shall have recourse to the
national central banks to carry out operations which form part of the
tasks of the ESCB.
12.2. The Executive Board shall have the responsibility for the
preparation of meetings of the Governing Council.
12.3. The Governing Council shall adopt Rules of Procedure which
determine the internal organization of the ECB and its decision-making
bodies.
12.4. The Governing Council shall exercise the advisory functions
referred to Article 4.
12.5. The Governing Council shall take the decisions referred to Article
6.
ARTICLE 13
The President
13.1. The President or, in his absence, the Vice-President shall chair
the governing Council and the Executive Board of the ECB.
13.2. Without prejudice to Article 39, the President or his nominee
shall represent the ECB externally.
ARTICLE 14
National Central Banks
14.1. In accordance with Article 108 of this Treaty, each Member State
shall ensure, at the latest at the date of the establishment of the ESCB,
that its national legislation, including the statues of its national central
bank, is compatible with this Treaty and this Statute.
14.2. The statutes of the national central banks shall, in particular,
provide that the term of office of a Governor of a national central bank
shall be no less than 5 years.
A Governor may be relieved from office only if he no longer fulfils the
conditions required for the performance of his duties or if he has been
guilty of serious misconduct. A decision to this effect may be referred
to the Court of Justice by the Governor concerned or the Governing
Council on grounds of infringement of this Treaty or of any rule of law
relating to its application. Such proceedings shall be instituted within
two months of the publication of the decision or of its notification to the
plaintiff or, in the absence thereof, of the day on which it came to
knowledge of the latter, as the case may be.
14.3. The national central banks are an integral part of the ESCB and
shall act in accordance with the guidelines and instructions of ECB.
The Governing Council shall take the necessary steps to ensure
compliance with the guidelines and instructions of the ECB, and shall
require that any necessary information be given to it.
14.4 National central banks may perform functions other than those
specified in this Statute unless the Governing Council finds, by a
majority of two thirds of the votes cast, that these interfere with the
objectives and tasks of the ESCB. Such functions shall be performed
on the responsibility and liability of national central banks and shall
not be regarded as being part of the functions of the ESCB.
ARTICLE 15
Reporting commitments.
15.1. The ECB shall draw up and publish reports on the activities of
the ESCB at least quarterly.
15.2. A consolidated financial statement of the ESCB shall be
published each week.
15.3. In accordance with Article 109b(3) of this Treaty, the ECB shall
address an annual report on the activities of the ESCB and on the
monetary policy of both the previous and the current year to the
European Parliament, the Council and the Commission, and also the
European Council.
15.4. The reports and statements referred to in this Article shall be
made available to interested parties free of charge.
ARTICLE 16
Bank notes.
In accordance with Article 105a(1) of this Treaty, the Governing Council
shall have the exclusive right to authorize the issue of bank notes
within the Community. The ECB and the national central banks may
issue such notes. The bank notes issued by the ECB and the national
central banks shall be the only such notes to have the status of legal
tender within the Community.
The ECB shall respect as far as possible existing practices regarding
the issue and design of bank notes.

CHAPTER IV
MONETARY FUNCTIONS AND OPERATIONS OF THE ESCB
ARTICLE 17
Accounts with the ECB and the national central banks.
In order to conduct their operations, the ECB and the national central
banks may open accounts for credit institutions, public entities and
other market participants and accept assets, including book-entry
securities, as collateral.
ARTICLE 18
Open market and credit operations.
18.1. In order to achieve the objectives of the ESCB and to carry out its
tasks, the ECB and the national central banks may:
- operate in the financial markets by buying and selling outright (spot
or forward) or under repurchase agreement and by lending or
borrowing claims and marketable instruments, whether in Community
or in non-Community currencies, as well as precious metals;
- conduct credit operations with credit institutions and other market
participants, with lending being based on adequate collateral.
18.2. The ECB shall establish general principles for open market and
credit operations carried out by itself or the national central banks,
including for the announcement of conditions under which they stand
ready to enter into such transactions.
ARTICLE 19
Minimum reserves
19.1. Subject to Article 2, the ECB may require credit institutions
established in Member States to hold minimum reserves on accounts
with the ECB and national central banks in pursuance of monetary
policy objectives. Regulations concerning the calculation and
determination of the required minimum reserves may be established
by the Governing Council. In cases of non-compliance the ECB shall
be entitled to levy penalty interest and to impose other sanctions with
comparable effect.
19.2. For the application of this Article, the Council shall, in accordance
with the procedure laid down in Article 42, define the basis for
minimum reserves and the maximum reserves and the maximum
permissible ratios between those reserves and their basis, as well as
the appropriate sanctions in cases of non-compliance.
ARTICLE 20
Other instruments of monetary control
The Governing Council may, by a majority of two thirds of the votes
cast, decide upon the use of such other operational methods of
monetary control as it sees fit, respecting Article 2.
The Council shall, in accordance with the procedure laid down in
Article 42, define the scope of such methods if they impose obligations
on third parties.
ARTICLE 21
Operations with public entities.
21.1. In accordance with Article 104 of the Treaty, overdrafts or any
other type of credit facility with the ECB or with the national central
banks in favour of Community institutions or bodies, central
governments, regional, local or other public authorities, other bodies
governed by public law, or public undertakings of Member States shall
be prohibited, as shall the purchase directly from them by the ECB or
national central banks of debt instruments.
21.2. The ECB and national central banks may act as fiscal agents for
the entities referred to in 21.1.
21.3. The provisions of this Article shall not apply to publicly-owned
credit institutions which, in the context of the supply of reserves by
central banks, shall be given the same treatment by national central
banks and the ECB as private credit institutions.
ARTICLE 22
Clearing and payment systems
The ECB and national central banks may provide facilities, and the
ECB may make regulations, to ensure efficient and sound clearing and
payment systems within the Community and with other countries.
ARTICLE 23
External operations
The ECB and national central banks may:
- establish relations with central banks and financial institutions in
other countries and, where appropriate, with international
organizations;
- acquire and sell spot and forward all types of foreign exchange
assets and precious metals; the term "foreign exchange asset" shall
include securities and all other assets in the currency of any country
or units of account in whatever form held;
- hold and manage the assets referred to in this Article;
- conduct all types of banking transactions in relations with third
countries and international organizations, including borrowing and
lending operations.
ARTICLE 24
Other operations
In addition to operations arising from their tasks, the ECB and national
central banks may enter into operations for their administrative
purposes or for their staff.

CHAPTER V
PRUDENTIAL SUPERVISION
ARTICLE 25
Prudential supervision
25.1. The ECB may offer advice to and be consulted by the Council,
the Commission and the competent authorities of the Member States
on the scope and implementation of Community legislation relating to
the prudential supervision of credit institutions and to the stability of
the financial system.
25.2. In accordance with any decision of the Council under Article
105(6) of this Treaty, the ECB may perform specific tasks concerning
policies relating to the prudential supervision of credit institutions and
other financial institutions with the exception of insurance
undertakings.

CHAPTER VI
FINANCIAL PROVISIONS OF THE ESCB
ARTICLE 26
Financial accounts
26.1. The financial year of the ECB and national central banks shall
begin on the first day of January and end on the last day of December.
26.2. The annual accounts of the ECB shall be drawn up by the
Executive Board, in accordance with the principles established by the
Governing Council. The accounts shall be approved by the Governing
Council and shall thereafter be published.
26.3. For analytical and operational purposes, the Executive Board
shall draw up a consolidated balance sheet of the ESCB, comprising
those assets and liabilities of the national central banks that fall within
the ESCB.
26.4. For the application of this Article, the Governing Council shall
establish the necessary rules for standardizing the accounting and
reporting of operations undertaken by the national central banks.
ARTICLE 27
Auditing
27.1. The account of the ECB and national central banks shall be
audited by independent external auditors recommended by the
Governing Council and approved by the Council. The auditors shall
have full power to examine all books and accounts of the ECB and
national central banks and obtain full information about their
transactions.
27.2. The provisions of Article 188c of this Treaty shall only apply to
an examination of the operational efficiency of the management of the
ECB.
ARTICLE 28
Capital of the ECB
28.1. The capital of the ECB, which shall become operational upon its
establishment, shall be ECU 5 000 million. The capital may be
increased by such amounts as may be decided by the Governing
Council acting by the qualified majority provided for in Article 10.3,
within the limits and under the conditions set by the Council under the
procedure laid down in Article 42.
28.2. The national central banks shall be the sole subscribers to and
holders of the capital of the ECB. The subscription of capital shall be
according to the key established in accordance with Article 29.
28.3. The Governing Council, acting by the qualified majority provided
for in Article 10.3, shall determine the extent to which and the form in
which the capital shall be paid up.
28.4. Subject to Article 28.5, the shares of the national central banks in
the subscribed capital of the ECB may not be transferred, pledged or
attached.
28.5. If the key referred to in Article 29 is adjusted, the national central
banks shall transfer among themselves capital shares to the extent
necessary to ensure that the distribution of capital shares
corresponds to the adjusted key. The Governing Council shall
determine the terms and conditions of such transfers.
ARTICLE 29
Key for capital subscription
29.1. When in accordance with the procedure referred to in Article
109l(1) of this Treaty the ESCB and the ECB have been established,
the key for subscription of the ECB's capital shall be established.
Each national central bank shall be assigned a weighting in this key
which shall be equal to the sum of:
- 50% of the share of its respective Member State in the population of
the Community in the penultimate year preceding the establishment of
the ESCB;
- 50% of the share of its respective Member State in the gross
domestic product at market prices of the Community as recorded in the
last five years preceding the penultimate year before the
establishment of the ESCB;
The percentages shall be rounded up to the nearest multiple 0.05
percentage points.
29.2 The statistical data to be used for the application of this Article
shall be provided by the Commission in accordance with the rules
adopted by the Council under the procedure provided for in Article 42.
29.3. The weighting assigned to the national central banks shall be
adjusted every five years after the establishment of the ESCB by
analogy with the provisions laid down in Article 29.1. The adjusted key
shall apply with effect from the first day of the following year.
29.4. The Governing Council shall take all other measures necessary
for the application of this Article.
ARTICLE 30
Transfer of foreign reserve assets to the ECB
30.1. Without prejudice to Article 28, the ECB shall be provided by the
national central banks with foreign reserve assets, other than Member
States' currencies, ECUs, IMF reserve positions and SDRs, up to an
amount equivalent to ECU 50 000 million. The Governing Council shall
decide upon the proportion to be called up by the ECB following its
establishment and the amounts called up at later dates. The ECB shall
have the full right to hold and manage the foreign reserves that are
transferred to it and to use them for the purposes set out in this
Statute.
30.2. The contributions of each national central bank shall be fixed in
proportion to its share in the subscribed capital of the ECB.
30.3. Each national central bank shall be credited by the ECB with a
claim equivalent to its contribution. The Governing Council shall
determine the denomination and remuneration of such claims.
30.4. Further calls of foreign reserve assets beyond the limit set in
Article 30.1. may be effected by the ECB, in accordance with Article
30.2, within the limits and under the conditions set by the Council in
accordance with the procedure laid down in Article 42.
30.5. The ECB may hold and manage IMF reserve positions and SDRs
and provide for the pooling of such assets.
30.6. The Governing Council shall take all other measures necessary
for the application of this Article.
ARTICLE 31
Foreign reserve assets held by national central banks
31.1. The national central banks shall be allowed to perform
transactions in fulfilment of their obligations towards international
organizations in accordance with Article 23.
31.2. All other operations in foreign reserve assets remaining with the
national central banks after the transfers referred to in Article 30, and
Member States' transactions with their foreign exchange working
balances shall, above a certain limit to be established within the
framework of Article 31.3, be subject to approval by the ECB in order to
ensure consistency with the exchange rate and monetary policies of
the Community.
31.3. The Governing Council shall issue guidelines with a view to
facilitating such operations.
ARTICLE 32
Allocation of monetary income of national central banks.
32.1. The income accruing to the national central banks in the
performance of the ESCB's monetary policy function (hereinafter
referred to as "monetary income") shall be allocated at the end of each
financial year in accordance with the provisions of this Article.
32.2. Subject to Article 32.3, the amount of each national central bank's
monetary income shall be equal to its annual income derived from its
assets held against notes in circulation and deposit liabilities to credit
institutions. These assets shall be earmarked by national central
banks in accordance with guidelines to be established by the
Governing Council.
32.3. If, after the start of the third stage, the balance sheet structures
of the national central banks do not, in the judgment of the Governing
Council, permit the application of Article 32.2, the Governing Council,
acting by a qualified majority, may decide that, by way of derogation
form Article 32.2, monetary income shall be measured according to an
alternative method for a period of not more than five years.
32.4. The amount of each national central bank's monetary income
shall be reduced by an amount equivalent to any interest paid by that
central bank on its deposit liabilities to credit institutions in
accordance with Article 19.
The Governing Council may decide that national central banks shall be
indemnified against costs incurred in connection with the issue of
bank notes or in exceptional circumstances for specific losses arising
from monetary policy operations undertaken for the ESCB.
Indemnification shall be in a form deemed appropriate in the judgment
of the Governing Council; these amounts may be offset against the
national central banks' monetary income.
32.5. The sum of the national central banks' monetary income shall be
allocated to the national central banks in proportion to their paid-up
shares in the capital of the ECB, subject to any decision taken by the
Governing Council pursuant to Article 33.2.
32.6. The clearing and settlement of the balances arising from the
allocation of monetary income shall be carried out by the ECB in
accordance with guidelines established by the Governing Council.
32.7. The Governing Council shall take all other measures necessary
for the application of this Article.
ARTICLE 33
Allocation of net profits and losses of the ECB
33.1. The net profit of the ECB shall be transferred in the following
order:
(a) an amount to be determined by the Governing Council, which may
not exceed 20% of the net profit, shall be transferred to the general
reserve fund subject to a limit equal to a 100% of the capital;
(b) the remaining net profit shall be distributed to the shareholders of
the ECB in proportion to their paid-up shares.
33.2. In the event of a loss incurred by the ECB, the shortfall may be
offset against the general reserve fund of the ECB and, if necessary,
following a decision by the Governing Council, against the monetary
income of the relevant financial year in proportion and up to the
amounts allocated to the national central banks in accordance with
Article 32.5.

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