10.

Central securities depositories may provisionally retain a share not exceeding 10 % of the financial contribution (“amounts provisionally retained”), which shall remain due to the Union. If the share referred to in point (a) is not sufficient in the light of risk management requirements, a central securities depository may submit a request to the national supervisory authority, as designated in accordance with Article 11 of Regulation (EU) No 909/2014, to retain an additional percentage of the financial contribution due. The national supervisory authority shall consult the Commission and, where appropriate, the European Central Bank and shall take a decision accordingly. The national supervisory authority may approve the retention of an additional percentage only after having determined that it is strictly necessary to comply with risk management requirements in view of the impact due to the war in Ukraine with regard to the assets held by central securities depositories. If the national supervisory authority has approved an additional percentage, that percentage shall become definitive in respect of that financial year, unless the Commission decides, within five days after notification, that the additional percentage does not comply with the conditions set out in this point. The Commission may determine a lower additional percentage which constitutes the maximum additional percentage the national supervisory authority may approve. Where, in its notification to the Commission, the national supervisory authority invokes an emergency, the Commmission shall decide within 24 hours after such notification. For the purpose of its decision under this point, the Commission shall consult the European Central Bank. The Commission shall inform the Council without delay of any decision of the national supervisory authority to retain an additional percentage under this point. Where the Commission considers that the additional percentage referred to in point (b) is no longer strictly necessary to comply with risk management requirements in view of the impact due to the war in Ukraine with regard to the assets held by central securities depositories, the Commission shall, after consulting the national supervisory authority and where appropriate, the European Central Bank, decide on a decrease of such additional percentage. The Commission may adopt a decision under this point not earlier than four months after the decision of the national supervisory authority to retain an additional percentage has became definitive. It shall base its decision on the most recent information available. Amounts provisionally retained by a central securities depository in accordance with this paragraph shall be used exclusively to cover the expenses, risks and losses incurred by it due to the war in Ukraine with regard to the assets held by that central securities depository, and only to the extent that such expenses, risks and losses cannot be covered by the internal resources of the central securities depository at the time of their occurrence. Amounts provisionally retained which have been used in accordance with this point shall cease to be due to the Union. Any information provided or received in accordance with this paragraph shall be used exclusively for the purposes for which it has been provided or received. If amounts provisionally retained have not been used within five years for the purpose referred to in point (d), the national supervisory authority shall, after consulting the Commission and, where appropriate, the European Central Bank, determine whether those amounts or part of those amounts are still needed to meet risk management requirements in view of the impact due to the war in Ukraine with regard to the assets held by central securities depositories. The national supervisory authority shall notify the Commission without delay about its decision on determination of those amounts and the time for which those amounts may continue to be retained. The decision of the national supervisory authority shall become definitive unless the Commission decides, within five days after notification, that the conditions set out in this point are not complied with. The Commission shall consult the European Central Bank to that effect. Amounts no longer retained shall be transferred to the Union. The central securities depositories shall transfer to the Union all remaining unused amounts provisionally retained at the latest when the restrictive measures under this Article are discontinued. The national supervisory authority may, after consulting the Commission and, where appropriate, the European Central Bank, decide to retain the amounts thereafter if those amounts or part of those amounts are still needed to meet relevant risk management requirements in view of the impact due to the war in Ukraine with regard to the assets held by central securities depositories. The decision of the national supervisory authority shall become definitive unless the Commission decides, within five days after notification, that the conditions set out in this point are not complied with. The Commission shall consult the European Central Bank to that effect. Amounts no longer retained shall be transferred to the Union.

← (c) · All articles · (a) →

Source: EUR-Lex (Cellar) · retrieved 2026-10-17 · Text as adopted (Official Journal); later amendments are not incorporated in this text.