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.

The Treaty of the European Union, Maastricht Treaty, 7th February, 1992 · 第 4 / 9 章