This Regulation lays down oversight requirements for SIPS.

The Governing Council shall adopt a decision identifying the payment systems that are subject to this Regulation, their respective operators and competent authorities. This list shall be maintained on the ECB's website and updated after each change.

A payment system shall be identified as a SIPS if: (a) it is eligible to be notified as a system pursuant to Directive 98/26/EC by a Member State whose currency is the euro or its operator is established in the euro area, including establishment by means of a branch, through which the system is operated; and (b) at least two of the following occur over a calendar year:

1. (i)

   the total daily average value of euro-denominated payments processed exceeds EUR 10 billion;

2. (ii)

   F1the total euro-denominated payments processed represent at least one of the following:

   • 15 % of the total volume of euro-denominated payments in the Union,

   • 5 % of the total volume of euro-denominated cross-border payments in the Union,

   • a market share of 75 % of the total volume of euro-denominated payments at the level of a Member State whose currency is the euro;

3. (iii)

   its cross-border activity (i.e. participants established in a country other than that of the SIPS operator and/or cross border links with other payment systems) involves five or more countries and generates a minimum of 33 % of the total volume of euro-denominated payments processed by that SIPS;

4. (iv)

   it is used for the settlement of other FMIs.

F2An identification exercise shall be performed on an annual basis.

A decision adopted under paragraph 2 shall remain in force until it has been repealed. Verification reviews of payment systems that have been identified as SIPS shall be carried out on an annual basis in order to verify that they continue to meet the criteria on the basis of which such identification was made.

SIPS operators shall cooperate, on a continuous basis, with the competent authority, and ensure compliance of the SIPS they operate with the requirements set out in Articles 3 to 21, including in terms of the overall effectiveness of their rules, procedures, processes and frameworks. SIPS operators shall further cooperate with the competent authority to facilitate the broader objective of promoting the smooth operation of payment systems at systemic level.