# L_2021467EN.01000301.xml

| 29.12.2021 | EN | Official Journal of the European Union | L 467/3 |
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29.12.2021

EN

Official Journal of the European Union

L 467/3

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GUIDELINE (EU) 2021/2322 OF THE EUROPEAN CENTRAL BANK

of 17 December 2021

amending Guideline (EU) 2015/280 on the establishment of the Eurosystem Production and Procurement System (ECB/2021/56)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 128(1) thereof,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Articles 12.1 and 14.3 and Article 16 thereof,

Whereas:

| (1) | Guideline (EU) 2015/280 of the European Central Bank (ECB/2014/44) (1) provides for an arm’s length principle which requires effective internal arrangements ensuring full separation between a public printing works and its public authority’s accounts and reimbursement by a public printing works of the costs of all administrative and organisational support that it receives from its public authority. It is necessary to further specify the requirements regarding the arm’s length principle to ensure that a public printing works must demonstrate that it has implemented the principle prior to taking part in a tender procedure of a tendering group national central bank (NCB). |
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(1)

Guideline (EU) 2015/280 of the European Central Bank (ECB/2014/44) (1) provides for an arm’s length principle which requires effective internal arrangements ensuring full separation between a public printing works and its public authority’s accounts and reimbursement by a public printing works of the costs of all administrative and organisational support that it receives from its public authority. It is necessary to further specify the requirements regarding the arm’s length principle to ensure that a public printing works must demonstrate that it has implemented the principle prior to taking part in a tender procedure of a tendering group national central bank (NCB).

| (2) | Article 8(1)(b) of Guideline (EU) 2015/280 (ECB/2014/44) allows in-house group NCBs to establish non-institutionalised horizontal cooperation to jointly fulfil public tasks. An NCB that closes its printing works may remain in the in-house group by participating in such horizontal cooperation, provided that it fulfils the relevant requirements. As such, an NCB which closes its printing works may choose between becoming part of the tendering group within the meaning of Article 3 of Guideline (EU) 2015/280 (ECB/2014/44) or participating in horizontal cooperation. In order to facilitate the transition for NCBs that close their printing works, these NCBs should be permitted to move between the two available options (‘two-pillar model’) for a transitional period of five years prior to taking a final decision. In order to ensure the equal treatment of NCBs, an in-house group NCB that has closed its printing works should also be permitted to move between the two available options during a transitional period of five years, provided that the NCB was notified of the revocation of the accreditation of its in-house printing works after 1 November 2019. The transitional period is to start retroactively from the date of this notification. |
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(2)

Article 8(1)(b) of Guideline (EU) 2015/280 (ECB/2014/44) allows in-house group NCBs to establish non-institutionalised horizontal cooperation to jointly fulfil public tasks. An NCB that closes its printing works may remain in the in-house group by participating in such horizontal cooperation, provided that it fulfils the relevant requirements. As such, an NCB which closes its printing works may choose between becoming part of the tendering group within the meaning of Article 3 of Guideline (EU) 2015/280 (ECB/2014/44) or participating in horizontal cooperation. In order to facilitate the transition for NCBs that close their printing works, these NCBs should be permitted to move between the two available options (‘two-pillar model’) for a transitional period of five years prior to taking a final decision. In order to ensure the equal treatment of NCBs, an in-house group NCB that has closed its printing works should also be permitted to move between the two available options during a transitional period of five years, provided that the NCB was notified of the revocation of the accreditation of its in-house printing works after 1 November 2019. The transitional period is to start retroactively from the date of this notification.

| (3) | In order to facilitate participation in the cooperation between in-house group NCBs, NCBs from Member States that will join the euro area in the future shall be allowed to choose between becoming part of the tendering group within the meaning of Article 3 of Guideline (EU) 2015/280 (ECB/2014/44) or participating in horizontal cooperation. |
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(3)

In order to facilitate participation in the cooperation between in-house group NCBs, NCBs from Member States that will join the euro area in the future shall be allowed to choose between becoming part of the tendering group within the meaning of Article 3 of Guideline (EU) 2015/280 (ECB/2014/44) or participating in horizontal cooperation.

| (4) | In emergency situations, to be defined by the Governing Council, more flexibility may be granted in implementing the two-pillar model. |
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(4)

In emergency situations, to be defined by the Governing Council, more flexibility may be granted in implementing the two-pillar model.

| (5) | Therefore, Guideline (EU) 2015/280 (ECB/2014/44) should be amended accordingly, |
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(5)

Therefore, Guideline (EU) 2015/280 (ECB/2014/44) should be amended accordingly,

HAS ADOPTED THIS GUIDELINE:

Article 1

Amendments

Guideline (EU) 2015/280 (ECB/2014/44) is amended as follows:

| (1) | in Article 1, point (1) is replaced by the following:






  ‘(1) | “arm’s length principle” means effective internal arrangements ensuring full separation between a public printing works and its public authority's accounts and reimbursement by a public printing works of the costs of all administrative and organisational support that it receives from its public authority;’; |
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(1)

in Article 1, point (1) is replaced by the following:

‘(1)

“arm’s length principle” means effective internal arrangements ensuring full separation between a public printing works and its public authority's accounts and reimbursement by a public printing works of the costs of all administrative and organisational support that it receives from its public authority;’;

| (2) | in Article 4, paragraph 3 is replaced by the following:

  ‘3.   Tendering group NCBs shall state in tender documentation that in order to be eligible for any tender, public printing works must have implemented the arm's length principle prior to taking part in the tender. In order to ensure fair competition when public printing works are responding to a call for tenders, this eligibility criterion shall require that:






  (a) | euro banknote printing activities are fully separated financially from the public printing works’ other activities; |
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(2)

in Article 4, paragraph 3 is replaced by the following:

‘3.   Tendering group NCBs shall state in tender documentation that in order to be eligible for any tender, public printing works must have implemented the arm's length principle prior to taking part in the tender. In order to ensure fair competition when public printing works are responding to a call for tenders, this eligibility criterion shall require that:

(a)

euro banknote printing activities are fully separated financially from the public printing works’ other activities;

| (b) | no direct or indirect state aid is provided to the public printing works that is in any way incompatible with the Treaty; |
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(b)

no direct or indirect state aid is provided to the public printing works that is in any way incompatible with the Treaty;

| (c) | the public printing works are responsible for implementing an appropriate organisational structure and cost accounting system that ensures clear cost allocation and full financial separation between euro banknote printing activities and other activities; |
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(c)

the public printing works are responsible for implementing an appropriate organisational structure and cost accounting system that ensures clear cost allocation and full financial separation between euro banknote printing activities and other activities;

| (d) | all costs for the production of euro banknotes, including costs incurred for administrative and organisational support for the production of euro banknotes are allocated to the public printing works; |
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(d)

all costs for the production of euro banknotes, including costs incurred for administrative and organisational support for the production of euro banknotes are allocated to the public printing works;

| (e) | the allocation of the costs incurred must be traceable and consistently applied and accompanied by supporting documentation of the cost allocation; and |
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(e)

the allocation of the costs incurred must be traceable and consistently applied and accompanied by supporting documentation of the cost allocation; and

| (f) | the financial separation is checked and certified annually by an independent external auditor and reported to the tendering NCB, which must provide a copy of the auditor’s statement for each calendar year to the ECB.’; |
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(f)

the financial separation is checked and certified annually by an independent external auditor and reported to the tendering NCB, which must provide a copy of the auditor’s statement for each calendar year to the ECB.’;

| (3) | Article 6 is amended as follows:






  (a) | paragraph 3 is replaced by the following:

  ‘3.   Without prejudice to applicable Union and national legislation on public procurement, an NCB that closes its in-house printing works may decide to become part of the tendering group within the meaning of Article 3 or participate in horizontal cooperation on the basis of a cooperation agreement within the meaning of Article 8.
  For a transitional period of five years starting from the date the in-house group NCB is notified of the revocation of the accreditation of its in-house printing works, the NCB that closes its printing works can switch between participating in either the in-house group or the tendering group before making a final decision, provided that the respective legal requirements are fulfilled.
  The second subparagraph shall apply also in the case of an NCB that has already closed its printing works, provided that the NCB was notified of the revocation of the accreditation of its in-house printing works after 1 November 2019. The transitional period shall start retroactively from the date of this notification.’; |
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(3)

Article 6 is amended as follows:

(a)

paragraph 3 is replaced by the following:

‘3.   Without prejudice to applicable Union and national legislation on public procurement, an NCB that closes its in-house printing works may decide to become part of the tendering group within the meaning of Article 3 or participate in horizontal cooperation on the basis of a cooperation agreement within the meaning of Article 8.

For a transitional period of five years starting from the date the in-house group NCB is notified of the revocation of the accreditation of its in-house printing works, the NCB that closes its printing works can switch between participating in either the in-house group or the tendering group before making a final decision, provided that the respective legal requirements are fulfilled.

The second subparagraph shall apply also in the case of an NCB that has already closed its printing works, provided that the NCB was notified of the revocation of the accreditation of its in-house printing works after 1 November 2019. The transitional period shall start retroactively from the date of this notification.’;

| (b) | the following paragraphs 4 and 5 are added:

  ‘4.   Without prejudice to applicable Union and national legislation on public procurement, an NCB from a Member State that will join the euro area in the future may choose between becoming part of the tendering group within the meaning of Article 3 or participating in horizontal cooperation on the basis of a cooperation agreement within the meaning of Article 8, provided that a cooperation agreement within the meaning of Article 8(2)(b) is in place as of the first euro banknote allocation.


  5.   Without prejudice to the applicable Union and national legislation on public procurement, the Governing Council may, in emergency situations and on a case-by-case basis, decide on deviations from the two-pillar model laid down in Article 6.’. |
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(b)

the following paragraphs 4 and 5 are added:

‘4.   Without prejudice to applicable Union and national legislation on public procurement, an NCB from a Member State that will join the euro area in the future may choose between becoming part of the tendering group within the meaning of Article 3 or participating in horizontal cooperation on the basis of a cooperation agreement within the meaning of Article 8, provided that a cooperation agreement within the meaning of Article 8(2)(b) is in place as of the first euro banknote allocation.

5.   Without prejudice to the applicable Union and national legislation on public procurement, the Governing Council may, in emergency situations and on a case-by-case basis, decide on deviations from the two-pillar model laid down in Article 6.’.

Article 2

Taking effect

This Guideline shall take effect on the day of its notification to the national central banks of Member States whose currency is the euro.

Article 3

Addressees

This Guideline is addressed to all Eurosystem central banks.

Done at Frankfurt am Main, 17 December 2021.

For the Governing Council of the ECB

The President of the ECB

Christine LAGARDE

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(1)  Guideline (EU) 2015/280 of the European Central Bank of 13 November 2014 on the establishment of the Eurosystem Production and Procurement System (ECB/2014/44) (OJ L 47, 20.2.2015, p. 29).

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