Article 5 · ECB/2022/31

Contents

Article 5Reporting#

1.Competent NCBs shall promptly report to the ECB each of the following alleged infringements:

(a)any alleged infringement by a reporting agent of daily reporting requirements;

(b)three or more alleged infringements by a reporting agent of monthly reporting requirements within six consecutive months;

(c)three or more alleged infringements by a reporting agent of quarterly reporting requirements within four consecutive quarters;

(d)two or more consecutive alleged infringements by a reporting agent of semi-annual reporting requirements;

(e)any alleged infringement by a reporting agent of annual reporting requirements.

For the purposes of reporting alleged infringements pursuant to this paragraph, competent NCBs shall record those alleged infringements in the same dedicated system as referred to in Article 3(1).

2.Competent NCBs shall report each of the following cases of serious misconduct to the ECB as soon as it is identified:

(a)any systematic or intentional failure to report statistical information to the competent NCB within the prescribed deadline;

(b)any systematic or intentional failure to report correct or complete statistical information;

(c)any systematic or intentional failure to comply with the prescribed form of the statistical reporting requirements;

(d)any failure to cooperate effectively with the competent NCB or to apply a reasonable degree of diligence.

For the purposes of identifying serious misconduct, the competent NCB may request additional information from the reporting agent.For the purposes of reporting serious misconduct pursuant to this paragraph, competent NCBs shall record the serious misconduct in the same dedicated system as referred to in Article 3(1).

3.The ECB shall inform the competent NCB without delay of any alleged infringements or serious misconduct referred to in paragraphs 1 and 2 that it has identified in cases of direct reporting and shall record those alleged infringements or the serious misconduct in the same dedicated system as referred to in Article 3(2).

Defined terms · 9

Show every defined term

alleged infringement
means non-compliance by a reporting agent with the statistical reporting requirements of an ECB regulation or decision which:
competent Eurosystem central bank
means the competent NCB or, in the case of direct reporting, the ECB;
competent NCB
means the NCB of the euro area Member State in whose jurisdiction the alleged infringement occurred;
cumulative alleged infringement
means a series of alleged infringements listed under any of points (a) to (e) of Article 8(2) of this Regulation which occur in respect of one or more statistical reporting requirements under the same ECB regulation or decision;
direct reporting
means reporting by reporting agents of statistical information directly to the ECB in accordance with the decision of a competent NCB pursuant to a regulation or decision of the ECB;
infringement
means ‘infringement’ as defined in Article 1(4) of Regulation (EC) No 2532/98;
reporting agents
means ‘reporting agents’ as defined in Article 1(2) of Regulation (EC) No 2533/98;
sanctions
means ‘sanctions’ as defined in Article 1(7) of Regulation (EC) No 2532/98;
statistical reporting requirements
means ‘the ECB’s statistical reporting requirements’ as defined in Article 1(1) of Regulation (EC) No 2533/98;