Art. 33. - Art. 33: Data protection, prevention of money laundering, administrative or restrictive measures and related issues - Decizia BCE/2007/7/24-iul-2007 privind termenii şi condiţiile TARGET2-ECB
Acte UE
Jurnalul Oficial 237L
Ieşit din vigoare Versiune de la: 13 Iunie 2022
Art. 33: Data protection, prevention of money laundering, administrative or restrictive measures and related issues
1.Participants shall be deemed to be aware of, shall comply with, and shall be able to demonstrate that compliance to the relevant competent authorities with all obligations on them relating to legislation on data protection. They shall be deemed to be aware of, and shall comply with all obligations on them relating to legislation on prevention of money laundering and the financing of terrorism, proliferation-sensitive nuclear activities and the development of nuclear weapons delivery systems, in particular in terms of implementing appropriate measures concerning any payments debited or credited on their PM accounts. Participants shall ensure that they are informed about the TARGET2 network service provider’s data retrieval policy prior to entering into the contractual relationship with the TARGET2 network service provider.
2.Participants shall be deemed to have authorised the ECB to obtain any information relating to them from any financial or supervisory authority or trade body, whether national or foreign, if such information is necessary for the participant's participation in TARGET2-ECB.
3.Participants, when acting as the payment service provider of a payer or payee, shall comply with all requirements resulting from administrative or restrictive measures imposed pursuant to Articles 75 or 215 of the Treaty on the Functioning of the European Union to which they are subject, including with respect to notification and/or the obtaining of consent from a competent authority in relation to the processing of transactions. In addition:"
(a)when the ECB is the payment service provider of a participant that is a payer:
(i)the participant shall make the required notification or obtain consent on behalf of the central bank that is primarily required to make notification or obtain consent, and shall provide the ECB with evidence of having made a notification or having received consent; and
(ii)the participant shall not enter any payment order for the transfer of funds to an account held by an entity different than the participant, into TARGET2 until it has obtained confirmation from the ECB that the required notification has been made or the consent has been obtained by or on behalf of the payment service provider of the payee;
(b)when the ECB is a payment service provider of a participant that is a payee, the participant shall make the required notification or obtain consent on behalf of the central bank that is primarily required to make notification or obtain consent, and shall provide the ECB with evidence of having made a notification or having received consent.
For the purposes of this paragraph, the terms "payment service provider", "payer" and "payee" shall have the meanings given to them in the applicable administrative or restrictive measures.