Importance of the payment and
securities settlement systems for the stability of the financial system,
possibilities to perform functions of the central bank, also prompting the
confidence in currency obliged competent institutions of different countries to
pay appropriate attention to the management of risks arising in the systems as
well as to the efficient operation of the systems. Usually, oversight is carried
out by national central banks that often cooperate with other institutions
responsible for the supervision of participants of securities market or credit
institutions.
Oversight, as a public function, is needed due to possible
market failures related to operation of the systems. Like other infrastructures,
systems are characterised by relatively high fixed costs. In order to cover the
latter, economy of scale has to be achieved, the size of which is often close to
that of the market of the whole country. Therefore systems acquire features of a
natural monopoly. Another important aspect is the externality on other economic
entities. In case of a failure of a system or in case of failure of one of the
participants, an external impact would have a negative impact not just on other
participants of a system (systemic risk) but also on other entities in the
market if they are not able to fulfil their settlement obligations. This
negative externality should be evaluated by taking decisions concerning the size
of an investment in the safety and stability of the systems.
International good practice
In the course of the recent 20 years, beginning with the
so-called Lamfalussy Report (1990)1, the international community coordinated
actions in the field of systems oversight. That prompted the emergence of
international recommendations, principles and (or) standards, e. g. Core
Principles for Systematically Important Payment Systems established by Bank for
International Settlements (BIS) (thereinafter – Core Principles)2,
Recommendations for Securities Settlement Systems established by BIS together
with IOSCO (2001)3 and Recommendations for Central Counterparties (2004)4,
Recommendations for Securities Settlement Systems and Central Counterparties in
the European Union established by the European System of Central Banks (ESCB)
and the Committee of European Securities Regulators (CESR) (2009) (thereinafter
ESCB-CESR Recommendations)5.
Individual regions and states, taking into account the
changing environment, local specificity and needs, expanded the mentioned
documents and (or) made them more specific. In 2006, the Governing Council of
the European Central Bank (ECB) approved Business Continuity Oversight
Expectations for Systematically Important Payment Systems (thereinafter –
Business Continuity Oversight Expectations)6 supplementing Core Principles in the
field of business continuity. At the end of 2009, the Bank of England declared
that – apart from ten Core Principles established by BIS – it will apply four
additional principles7.
Oversight in Lithuania
The Bank of Lithuania oversees four payment systems (LITAS-RLS,
LITAS-MMS, LITAS-PHA and KUBAS8) and a securities settlement system9. The Bank of
Lithuania, together with the Eurosystem, participates in conducting TARGET2
oversight.
On 11 September 2003, the Board of the Bank of Lithuania
approved the Payment and Securities Settlement Systems Oversight Policy. It
defined the objectives and tools of the oversight and provided for the
cooperation with other Lithuanian supervisory authorities as well as supervisors
of foreign systems in the field of oversight. Two objectives of oversight are
raised: system stability and efficiency. The system is considered stable, if it
applies credit, liquidity and operational risk management measures, which limit
the systemic risk. The system is considered efficient, if the services provided
by it meet market needs and its operations are performed quickly and at a low
cost.
The following oversight measures are applied in Lithuania: system
registration, system assessment and system monitoring. Where relevant, changes
in the systems are induced.
System registration procedures have been established by the
Resolution of the Board of the Bank of Lithuania of 4 September 2003 “On
Approving the Procedure for the Registration of Payment and Securities
Settlement Systems, Data Management and Publication”. According to this
Procedure, 2 systems were registered on 12 February 2004: securities settlement
system and payment system KUBAS.
System monitoring comprises periodic analysis of the status
of the systems performed between system assessments. The Bank of Lithuania
provides a monthly summary of the performance results of the payment systems
LITAS-RLS, LITAS-MMS, TARGET2-LIETUVOS BANKAS and LITAS-PHA and a quarterly
summary of the results of the securities settlement system and the payment
system KUBAS.
When assessing the systems, the Bank of Lithuania recently applies to the
payment systems the Core Principles of the BIS and the ECB Business Continuity
Oversight Expectations. It also applies ESCB-CESR recommendations for the
securities settlement systems.
Summary of the results of earlier assessments are provided in the table
below:
|
Year |
System assessed |
Applicable recommendations, principles and (or) standards
|
Assessment results |
|
2004 |
Payment system LITAS |
Core Principles of BIS |
System observed nine of ten
Core Principles and broadly observed one (7th) Core Principle |
|
2005-2006 |
Securities settlement system
and its link to securities settlement system of the international securities
depository
Clearstream Banking Luxembourg Plc. operating in Luxembourg |
Standards for the use of EU
securities settlement systems in ESCB credit operations |
System and the link between the securities settlement
systems – with a few minor reservations – observed the standards established
by the ECB
|
|
2006-2007 |
Payment system LITAS-PHA |
Core Principles of BIS |
System observed all applicable Core Principles |
|
2008 |
Securities settlement system |
Recommendations for securities settlement systems of
BIS-IOSCO |
System observed 14 out of 19 recommendations, broadly
observed 3 (3rd, 11th and 18th) recommendations and partly
observed 2 (5th and 9th) recommendations |
|
2009 |
Securities settlement system |
Recommendations for securities settlement systems of
BIS-IOSCO. Considering the measures implemented and changes in the market,
the 2008 assessment was revised. |
System observed 16 out of 19 recommendations, broadly
observed one (3rd) recommendation, partly observed one (9th)
recommendation and one (5th) recommendation was not applicable
|
|
2009 |
Payment systems LITAS-RLS and LITAS-MMS |
Core Principles of BIS and ECB Business Continuity
Oversight Expectations |
System observed all applicable Core Principles. Referring
to management of business continuity, the assessment showed that the Bank of
Lithuania properly formulated objectives of business continuity, was ready
to incident management and communication while preparation of the plans for
business continuity, their testing and updating thereof need additional
attention. |
Cooperation with other institutions
In the light of the oversight policy of the Eurosystem10 in the
field of card payment schemes, the Bank of Lithuania signed a Memorandum of
Understanding with the ECB and the Nationale Bank van België/Banque Nationale de
Belgique in September 2009 aiming at exchange of information in the field of
international card payment schemes oversight.
At the end of 2009, the Bank of Lithuania and Securities Commission signed a
Memorandum of Understanding on cooperation in the field of securities settlement
systems oversight.
_________________________
1 http://www.bis.org/publ/cpss04.htm
2 http://www.bis.org/publ/cpss43.htm
3 http://www.bis.org/publ/cpss46.htm
4 http://www.bis.org/publ/cpss64.htm
5
http://www.ecb.int/press/pr/date/2009/html/pr090623.en.html
6
http://www.ecb.int/press/pr/date/2006/html/pr060609.en.html
7
http://www.bankofengland.co.uk/publications/news/2009/141.htm
8 The Central Credit Union of Lithuania is the owner and operator of KUBAS.
9 The Central Securities Depository of Lithuania is the owner and operator of the securities settlement systems.
10
http://www.ecb.int/press/pr/date/2009/html/pr090220.en.html