The Treaty of the European Union, Maastricht Treaty, 7th February, 1992European Union
History
The Treaty of the European Union, Maastricht Treaty, 7th February, 1992
European Union
Europe -- Economic integration; European Union; European federation
principle and not to seek to influence the members of the decision-
making bodies of the ECB or of the national central banks in the
performance of their tasks.
ARTICLE 108
Each Member State shall ensure, at the latest at the date of the
establishment of the ESCB, that its national legislation including the
statutes of its national central bank is compatible with this Treaty and
the Statute of the ESCB.
ARTICLE 108a
1. In order to carry out the tasks entrusted to the ESCB, the ECB shall,
in accordance with the provisions of this Treaty and under the
conditions laid down in the Statute of the ESCB:
- make regulations to the extent necessary to implement the tasks
defined in Article 3.1, first indent, Articles 19.1, 22 and 25.2 of the
Statute of the ESCB and in cases which shall be laid down in the acts
of the Council referred to in Article 106(6);
- take decisions necessary for carrying out the tasks entrusted to the
ESCB under this Treaty and the Statute of the ESCB;
- make recommendations and deliver opinions.
2. A regulation shall have general application. It shall be binding in its
entirety and directly applicable in all Member States.
Recommendations and opinions shall have no binding force.
A decision shall be binding in its entirety upon those to whom it is
addressed.
Articles 190 to 192 shall apply to regulations and decisions adopted
by the ECB.
The ECB may decide to publish its decisions, recommendations and
opinions.
3. Within the limits and under the conditions adopted by the Council
under the procedure laid down in Article 106(6), the ECB shall be
entitled to impose fines or periodic penalty payments on undertakings
for failure to comply with obligations under its regulations and
decisions.
ARTICLE 109
1. By way of derogation from Article 228, the Council may, acting
unanimously on a recommendation from the ECB or from the
Commission, and after consulting the ECB in an endeavour to reach a
consensus consistent with the objective of price stability, after
consulting the European Parliament, in accordance with the procedure
in paragraph 3 for determining the arrangements, conclude formal
agreements on an exchange rate system for the ECU in relation to
non-Community currencies. The Council may, acting by a qualified
majority on a recommendation from the ECB or from the Commission,
and after consulting the ECB in an endeavour to reach a consensus
consistent with the objective of price stability, adopt, adjust or
abandon the central rates of the ECU within the exchange rate system.
The President of the Council shall inform the European Parliament of
the adoption, adjustment or abandonment of the ECU central rates.
2. In the absence of an exchange rate system in relation to one or
more non-Community currencies as referred to in paragraph 1, the
Council, acting by a qualified majority either on a recommendation
from the Commission and after consulting the ECB or on a
recommendation from the ECB, may formulate general orientations for
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