Regulation of the Oesterreichische Nationalbank (Oesterreichische Nationalbank), which will amend the reporting regulation ZABIL 1/2013 of the Oesterreichische Nationalbank (ZABIL 1/2016)

The reporting regulation ZABIL 1/2013 of the Oesterreichische Nationalbank, published in the Official Journal on 19 April 2013, will be published in accordance with § 6 of the Foreign Exchange Act 2004, BGBl. I n ° 123/2003 idF BGBl. I No 4/2015, as amended:

1. In section 1.1, the word sequence shall be: " § 6 (1) of the Foreign Exchange Act 2004, BGBl. I n ° 123/2003 idF BGBl. I No 36/2010 (DevG 2004) " through the phrase " § 6 (1) of the Foreign Exchange Act 2004, BGBl. I n ° 123/2003 idF BGBl. I No 4/2015 (DevG 2004) " replaced.

2. Section 3.1.1 reads:

" 3.1.1 Meldeinhalt

The contents of the report are stocks of securities and transactions in securities, according to the occupancy picture P1 (Appendix 4).

Regardless of the location of the securities,

		all securities holdings (excluding foreign branches), whether they are held by themselves, or in the case of third parties for safekeeping
		the stocks and securities depots and exits of securities held by non-resident non-custodians; and
		the stocks and securities depots and exits of securities held for foreign nationals

to be reported along predefined depot groups.

In a reporting period, it shall be replaced by securities depots, or -exits a change in the amount of depoc group (a security) brought to zero is to be reported for that security for the corresponding month in which the depositary stock reaches zero. "

3. In Section 3.1.4, the turn shall be "7 Bankwerktagen" through the turn "10 Bankwerktagen" replaced.

(4) Section 3.2 "Notification of genuine repurchase agreements with securities and securities lending operations" No.

(5) Section 3.3 "Depotinhaber message" No.

6. Section 4.1.2.2 reads:

" 4.1.2.2 Other specific regulations

		Deposits receiving undertakings as referred to in Article 1 lit. a Z 2 sublit. a of Regulation (EU) No 1071/2013 of the European Central Bank of 24 June 2013 09.2013 on the balance sheet of the monetary financial institutions sector (ECB/2013/33) OJ L 327, 28.12.2013, p. OJ L 297, 7.11, 2013- in the following ECB-Monetärstatistik-VO -subject to the specific rules for the notification of Other investments in accordance with section 4.3.
		Countries and municipalities that are in accordance with the Regulation of the Federal Minister of Finance on the Statistics of Building Statistics in the Public Sector (Gebarungsstatistics-VO 2014, BGBl. II no. 345/2013, idgF) Reporting timely, complete and correct reporting to the Federal Statistics Office Austria, hereby fulfil its reporting obligation in accordance with Section 4.
		Management companies (§ 3 paragraph 2 Z 1 Investment Fund Act 2011, BGBl. I n ° 77/2011 idgF) as well as capital investment companies for real estate (§ 2 Real Estate Investment Fund Act, BGBl. I No 80/2003 (idgF), adopted by the European Central Bank in accordance with Regulation (EC) No 1073/2013 of 27 July 2007 on the statistics on assets and liabilities of investment funds, OJ L 378, 27.11.2007, p. OJ L 211, 11.8.2007, are from the reporting of cross-border Other investments exemption from investment funds in accordance with Appendixes 9 and 10. Other investments on your own account and on your own behalf. "

7. In section 4.2.2, before the abbreviation "MFIs" the phrase "Monetary Financial Institutions" inserted.

8. In section 4.2.4 the following sentence is added: "MFIs which are subject to the specific regulations referred to in section 4.3 must submit the notifications within 10 banking days from the month of sultimo." .

9. Section 4.3 reads:

" 4.3 Special arrangements for the reporting of other investments by MFIs

4.3.1 " Reporting

Notifiers shall be subject to deposits in accordance with Article 1 lit. a Z 2 sublit. a der ECB-Monetarstatistics-VO , which have their registered office in Germany or which operate domestily via a branch office.

4.3.2 Announcement of DI-lending and DI deposits MFIs

4.3.2.1 Meldeinhalt

The contents of the notification are all those claims and obligations which are under the categories of loans and deposits with respect to foreign creditors or Debtors-excluding foreign nationals MFIs and foreign banks with which there are direct investment relationships in accordance with Section 2.

The definitions and limits of the asset card (VERA-V pursuant to Section 74 of the Federal Elections Act) for the determination of the reporting-relevant foreign holdings and shareholdings are to be applied. In this case, the foreign creditors or creditors are affected. Debtors who are reported as cross-border shareholding and shareholding within the scope of the asset card.

The notification is divided into reports of claims and obligations of MFIs, from Other investments Against foreign group companies, divided into deposits and lending, according to Appendix 14.

4.3.2.2 Reporting limit

The reporting of FDI lending and DI deposits by MFIs is not subject to any reporting limit.

4.3.2.3 Reporting Period

The report shall be reported on a monthly basis. The Meldestichtag is the last day of the month. The notification shall be at the latest by 10. The Bank's Day of the Folgemonate.

4.3.3 Notification of additional content for the purposes of external economic statistics "

4.3.3.1 Meldeinhalt

The contents listed in Appendix 15 are to be reported.

4.3.3.2 Reporting limit

The reporting of this content shall not be subject to any reporting limit.

4.3.3.3 Reporting Period

The report shall be reported on a monthly basis. The Meldestichtag is the last day of the month. The notification shall be at the latest by 10. The Bank's Day of the Folgemonats. "

10. In section 5.2.2, the word order shall be "the calculation of their solvency according to Article 22 (6) of the Federal Elections Act" through the phrase " for the purposes of the calculation referred to in Article 274 of Regulation (EU) No 575/2013, OJ L 124, 20.5.2013 OJ L 176 of 26 June 2013 of the European Parliament and of the Council-hereinafter referred to as CRR-" replaced.

11. In Annex A in the definition "Depot Group" No:

a)		in the second paragraph of the parenthesis "and related securities in and out of securities"
b)		in the third paragraph, the depot group "D03-Depots to (own) real repurchase agreements with securities and securities lending operations"
c)		the last sentence in the penultimate paragraph as well as the last paragraph.

12. In Annex A in the definition "Direct investment" the phrase "in part A1b (participations and shares) of the asset, success and risk pass (§ 74 BWG)" through the phrase "in Art. 4 (1) Z 35 CRR" replaced.

(13) Annex A to the definition "Financial derivatives" the phrase "special off-balance-sheet financial transactions according to Appendix 2 to § 22 BWG" through the phrase "Derivatives according to Annex 2 of CRR" replaced.

14. In Annex A in the definition "Domestic Custodian" the enumeration

" In-country custodians include:

		Domestic MFIs , with the exception of money market funds
		Domestic credit institutions within the meaning of Section 1 of the Federal Elections Act, which do not MFIs , but are responsible for the safekeeping and administration of securities for others (Depository business-§ 1 (1) (1) (5) of the BWG)
		Domestic branches of investment firms in accordance with Section 9a of the BWG
		Domestic branches of credit and financial institutions from Member States (§ § 9 and 11 BWG), which carry out the custody and administration of securities for others (custodian business-§ 1 paragraph 1 (1) Z 5 BWG). "

through the enumeration

" In-country custodians include:

		Domestic MFIs , with the exception of money market funds.
		Domestic credit institutions within the meaning of Section 1 of the Federal Elections Act, which do not MFIs , but are responsible for the safekeeping and administration of securities for others (depositary business-§ 1 (1) (Z) 5 of the BWG).
		Units of degradation according to § 2 Z 56 BaSAG, which carry out the safekeeping and management of securities.
		Domestic branches of investment firms according to § 12 WAG, which carry out the custody and administration of securities for others (Depository business-§ 1 paragraph 1 (1) Z 5 BWG).
		Domestic branches of credit and financial institutions from Member States (§ § 9 and 11 BWG), which carry out the custody and administration of securities for others (custodian business-§ 1 paragraph 1 (1) Z 5 BWG). "

replaced.

15. In Annex A in the definition "Monetary Financial Institutions (MFIs)" the enumeration

" Monetary Financial Institutions (MFIs) include:

		Credit institutions established in the euro area within the meaning of Article 4 (1) of Directive 2006 /48/EC and E-money institutions within the meaning of Directive 2000 /46/EC
		all other financial institutions established in the euro area, within the meaning of Community law, the economic activity of which consists in deposits or deposits; To receive deposit substitutes in the narrower sense from other economic entities than MFIs, and to grant loans on their own account (at least in the economic sense) and/or to invest in securities. "

through the enumeration

" Monetary Financial Institution (MFI) refers to a resident enterprise in one of the following sectors:

1.		central banks;
2.		other MFIs; these include:
a)			Companies receiving deposits:
i)				credit institutions as referred to in Article 4 (1) (1) of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms; and
ii)				other deposits receiving undertakings other than credit institutions which
-					other financial institutions within the meaning of Union law which, in their main function, carry out financial intermediary activities and whose business activities consist of deposits or Single-layer substitutes in the narrow sense of institutional units, not only to receive MFIs (their association with MFIs is determined by the substitution capacity between the financial instruments issued by other MFIs and the financial instruments issued by other MFIs) credit institutions), and to grant loans on its own account, at least in the economic sense, and/or to make investments in transferable securities; or
-					E-money institutions whose main function is to carry out financial intermediaries in the form of electronic money issuing;
b)			Monetary market fund within the meaning of Regulation (EC) 1071/2013 Article 2 of the ECB's Monetary Statistics Regulation.
	"reporting agents" and "residents" shall have the same meaning as in Article 1 of Regulation (EC) No 2533/98 ".

replaced.

In Annex B, Annex 2 shall be replaced by the following Annex:

"

Reporting master data active DI participations in foreign countries	D2 Appendix 2
Information on the Inlander/Melder:
OeNB Ident Number
Company word according to lt. Company Book/First Name, Zuname and Date of Birth
Address (street, postal code, location)
Information on the foreign DI company:
OeNB Ident Number
Company wordy
Address (street, postal code, location)
Country
Tax and/or Company Book Number
Legal Form
NACE 2008
Core Function Description
Business Type
Information on participation:
Is it a direct or indirect participation?
Motive of participation
Is this participation a re-establishment of the company?
Year of initial participation
If it is the purchase of shares in a foreign company, the domestic seller must be stated here:
Company wortloud/first name, Zuname
Address (street, postal code, location)
Country
Tax and/or Company Book Number

"

In Annex B, Appendix 3 shall be replaced by the following Annex:

"

Reporting master data passive DI participations from abroad	D3 Appendix 3
Information on the Inlander/Melder:
OeNB Ident Number
Company wordy
Address (street, postal code, location)
Information on the foreign direct investor:
OeNB Ident Number
Company wortloud/first name, surname and date of birth
Address (street, postal code, location)
Country
Tax and/or Company Book Number
NACE 2008
Core Function Description
Business Type
Information on participation:
Is it a direct or indirect participation?
Motive of participation
Is this participation a re-establishment of the company?
Year of initial participation
If it is the purchase of shares in a domestic company, the foreign seller must be stated here:
Company wortloud/first name, Zuname
Address (street, postal code, location)
Country
Tax and/or Company Book Number

"

In Annex B, Appendix 4 shall be replaced by the following Annex:

"

Securities depository notification for domestic custodians						P1 Appendix 4
Information on the Inlander/Melder:
OeNB Ident Number
Information on the message:
Reporting Period
Replacement mark-/ Completion message
Depot Group
Depotine Holder
Columns		1		2	3	4
Value Paper-Identification Number-ISIN Code
Internal securities identification number
Nominal/Piece Flags
Inputs with Countervalue *	Nominal/Piece
	Eurovalue
	Pieceziness
Inputs without Countervalue *	Nominal/Piece
Entrances without change *	Eurovalue
Outputs with equivalent *	Nominal/Piece
	Eurovalue
	Pieceziness
Outputs without equivalent *	Nominal/Piece
Outputs without change of stand *	Eurovalue
Depot Groups-Stand	Nominal/Piece
	Nominal/Piece- hievon-Short
	Market value in euro
Value Paper Nominal currency

* One or more Outputs are only subject to reporting requirements for customer depots

"

19. Annex B shall not apply to Appendix 6 (reporting of securities holdings and exits and of holdings relating to real repurchase agreements with securities and securities lending operations, P3).

20. Annex B shall not apply to Appendix 4a (Depotinhaber-notification for domestic depository guides, P6).

In Annex B, Appendix 14 shall be replaced by the following Annex:

"

Message DI-lending and DI deposits MFIs	Appendix 14
Information on the Inlander/Melder:
OeNB Ident Number
Information on the foreigner:
OeNB Ident Number
Information on the message:
Reporting Period
Original Currency
Replacement registration number plate
Meldeposition (type of loan or the non-transactional change)	Inventory at the end of the reporting period or non-transactional change
Lending to non-MFIs and/or Non-banks with maturity up to 1 year
Lending to non-MFIs and/or Non-banks with maturity up to 1 year, is due on a daily basis
Lending to non-MFIs and/or Non-banks with maturity over 1 year to 5 years
Lending to non-MFIs and/or Non-banks with maturity over 5 years
Lending to non-MFIs and/or Non-Banks, hievon Reverse Repos
Lending to non-MFIs and/or Non-banks, overdue lending
Non-transaction-related changes in pre-month lending due to write-offs from all titles against MFIs and/or Banks
Non-transaction-related changes in pre-month lending due to write-offs from all titles to non-MFIs and/or Non-Banks
Meldeposition (type of deposit) the non-transactional change)	Inventory at the end of the reporting period or non-transactional change
Inlays of non-MFIs or Non-banks, daily deposits
Inlays of non-MFIs or Non-banks with agreed binding period up to 1 year
Inlays of non-MFIs or Non-banks with an agreed binding period of 1 year to 2 years
Inlays of non-MFIs or Non-banks with agreed binding period over 2 years
Inlays of non-MFIs or Non-banks with notice period up to 3 months
Inlays of non-MFIs or Non-banks with notice period of 3 months to 1 year
Inlays of non-MFIs or Non-banks with notice period of 1 year to 2 years
Inlays of non-MFIs or Non-banks with notice period over 2 years
Inlays of non-MFIs or Non-Banks, Repos

"

In Annex B, Appendix 15 shall be replaced by the following Annex:

" Appendix 15

Additional content for the purposes of external economic statistics

The following reporting positions are at loan or Report deposits:

		Lending to international organisations
			with the running times up to 1 year
			of this daily
			1 year to 5 years
			over 5 years.
			as well as with the other subheadings
			Reverse Repos
			Overdue lending.
		Reverse repos (receivings from real repurchase agreements)
		Under the category "Other subheadings" in the blocks "lending to MFIs in EU member countries", "lending to non-MFIs in EU member countries", "lending to non-EU countries", "lending to non-EU countries", lending to non-EU countries Non-EU countries ".
		Overdue lending
		Under the category "Other subheadings" in the blocks "lending to MFIs in EU member countries", "lending to non-MFIs in EU member countries", "lending to non-EU countries", "lending to non-EU countries", lending to non-EU countries Non-EU countries ".
		Deposits of international organisations with the types of deposit
			Deposits due on a daily basis
			With a binding deadline agreed
			up to 1 year
			1 year to 2 years
			more than 2 years
			With notice period
			up to 3 months
			3 months to 1 year
			1 year to 2 years
			more than 2 years
			Repos.
		All lending or borrowing Deposits shall be classified in accordance with the double-digit ISO country code of the host country of the counterparty, and shall be reported in accordance with the three-digit ISO currency code. "

23. Entry into force:

The Novellation Arrangements according to Z 1, Z 6 to 10, Z 12 to 17 as well as Z 21 and 22 enter into force on 1.4.2016 and are to be applied for the first time to reports on the reporting date of 30.4.2016.

The amendment orders according to Z 2 and 3 as well as Z 11 and 18 enter into force on 1.9.2016 and are to be applied for the first time to reports on the reporting date of 30.9.2016.

The amendment orders according to Z 4 and 19 enter into force on 1.9.2016; notifications in accordance with section 3.2 of the registration regulation ZABIL 1/2013 in the main version are to be reimbursed for the last time at the reporting date 31.8.2016.

The amendment orders according to Z 5 and 20 enter into force on 1.1.2017; notifications pursuant to section 3.3 of the registration regulation ZABIL 1/2013 in the main version are to be reimbursed for the last time at the reporting date 31.12.2016.

Novotny Ittner