2.12.2011 Official Journal of the European Union L 319/117 DECISION OF THE EUROPEAN CENTRAL BANK of 16 November 2011 establishing detailed rules and procedures for implementing the eligibility criteria for central securities depositories to access TARGET2-Securities services (ECB/2011/20) (2011/789/EU) THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK, Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Articles 3.1 and 12.1 and Articles 17, 18 and 22 thereof, Having regard to Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems (), and in particular Article 10 thereof, Having regard to Guideline ECB/2010/2 of 21 April 2010 on TARGET2-Securities (3), and in particular Article 4(2)(d) and Article 15 thereof, Having regard to Decision ECB/2009/6 of 19 March 2009 on the establishment of the TARGET2-Securities Programme Board (), Whereas: (1) Article 15 of Guideline ECB/2010/2 lays down the eligi- bility criteria for a Central Security Depository (CSD) to access TARGET2-Securities (T2S) services. (2) It is necessary to establish the application procedure for a CSD to access T2S services and the procedure for a CSD to request derogation from CSD access criterion 5, HAS ADOPTED THIS DECISION: Article 1 Definitions For the purposes of this Decision: (1) ‘assessment report means written documentation containing: (a) a report drawn up by the relevant competent authorities assessing a CSD’s compliance with CSD access criterion 2; and (b) a CSD self-assessment of its compliance with CSD access criteria 1, 3, 4 and 5; 0] L 166, 11.6.1998, p. 45. () O] L 118, 12.5.2010, p. 65. 0] L 102, 22.4.2009, p. 12. (2) ‘central bank (CB) means the European Central Bank, the national central banks (NCBs) of the Member States whose currency is the euro, the NCBs of the Member States whose currency is not the euro (hereinafter ‘non-euro area NCBs'), any European Economic Area (EEA) central bank or relevant competent authority (hereinafter ‘EEA central bank) and any central bank or relevant competent authority of a country outside the EEA (here- inafter ‘other central bank’), where the currency of such a non-euro area NCB, EEA or other central bank is considered eligible in accordance with Article 18 of Guideline ECB[2010/2; (3) ‘CSD access criterion 1" means the criterion laid down in Article 15(1)(a) of Guideline ECB/2010/2, i.e. that CSDs are eligible for access to T2S services provided that they have been notified to the European Securities and Markets Authority pursuant to Article 10 of Directive 98/26/EC or, in the case of a CSD from a non-EEA country, they operate under a legal and regulatory framework that is equivalent to that in force in the Union; (4) ‘CSD access criterion 2’ means the criterion laid down in Article 15(1)(b) of Guideline ECB[2010/2, i.e. that CSDs are eligible for access to T2S services provided that they have been positively assessed by the competent authorities against the European System of Central Banks/Committee of European Securities Regulators Recommendations for Securities Settlement Systems (hereinafter the ‘ESCB/CESR recommendations’) (*); (5) ‘CSD access criterion 3’ means the criterion laid down in Article 15(1)(c) of Guideline ECB/2010/2, i.e. that CSDs are eligible for access to T2S services provided that they make each security/International Securities Identification Number for which they are an issuer CSD, or technical issuer CSD, available to other CSDs in T2S upon request; (6) ‘CSD access criterion 4’ means the criterion laid down in Article 15(1)(d) of Guideline ECB/2010/2, i.e. that CSDs are eligible for access to T2S services provided that they commit to offer to other CSDs in T2S basic custody service on a non-discriminatory basis; (*) Available on the European Securities and Markets Authority’s website at: www.esma.europa.eu