DECISION (EU) 2021/1274 OF THE EUROPEAN CENTRAL BANK

of 27 July 2021

on the sub-delegation of the powers to take certain decisions relating to a manufacturer’s accreditation and of certain powers regarding the accreditation procedures for accredited manufacturers and repealing Decision (EU) 2016/1975 (ECB/2021/32)

THE EXECUTIVE BOARD 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 Article 16 thereof,

Having regard to Decision (EU) 2020/637 of the European Central Bank of 27 April 2020 on accreditation procedures for manufacturers of euro secure items and euro items (ECB/2020/24) (1), and in particular Article 20(2) and (3) thereof,

Whereas:

(1) Pursuant to Article 20(1) of Decision (EU) 2020/637 (ECB/2020/24), the Executive Board is competent to take all decisions relating to a manufacturer’s accreditation under Article 6(1), (3) and (7), Articles 7 and 10, Article 14(1) and (4) and Articles 16 to 19 of that Decision. Article 20(2) of Decision (EU) 2020/637 (ECB/2020/24) allows the Executive Board to sub-delegate specific decision-making powers to take certain decisions relating to a manufacturer’s accreditation to one of its members. In addition, pursuant to Article 20(3) of Decision (EU) 2020/637 (ECB/2020/24), the Executive Board may also sub-delegate specific decision-making powers to the operational level of the European Central Bank (ECB).

(2) To further streamline accreditation procedures, the powers to take all decisions relating to a manufacturer’s accreditation under Article 6(1), (3) and (7) and Article 7 of Decision (EU) 2020/637 (ECB/2020/24) should be sub-delegated to the member of the Executive Board to whom the Directorate Banknotes reports. In addition, the procedures in relation to the activities of accredited manufacturers, for which the ECB’s prior written consent is required pursuant to Article 10(1) of Decision (EU) 2020/637 (ECB/2020/24), should be streamlined by sub-delegating the power to grant such prior written consent to the operational level of the Directorate Banknotes.

(3) Major instances of non-compliance which are identified during inspections of accredited manufacturers may require a stop of the relevant euro secure item activity with immediate effect. To facilitate a swift reaction by the ECB, decisions on such stops should be sub-delegated to the operational level of the Directorate Banknotes.

(4) Decision (EU) 2016/1975 of the European Central Bank (ECB/2016/39) (2) refers to the competences of the Executive Board pursuant to Article 3(2) of Decision ECB/2013/54 of the European Central Bank (3). Decision ECB/2013/54 was repealed by Decision (EU) 2020/637 (ECB/2020/24). In the interests of clarity, Decision (EU) 2016/1975 (ECB/2016/39) should also be repealed.

(5) To safeguard the Executive Board’s collective responsibility, any decisions taken either by the member of the Executive Board to whom the sub-delegation is granted or at the operational level of the Directorate Banknotes in accordance with the sub-delegation should be reported annually to the Executive Board,

HAS ADOPTED THIS DECISION:

Article 1 Sub-delegation of powers to accredit manufacturers and grant the ECB’s prior written consent 1. The Executive Board sub-delegates to the member of the Executive Board to whom the Directorate Banknotes reports the power to take all decisions relating to a manufacturer’s accreditation under Article 6(1), (3) and (7) and Article 7 of Decision (EU) 2020/637 (ECB/2020/24). 2. The Executive Board sub-delegates to the Director Banknotes and the Head of the Currency Management Division of the Directorate Banknotes the power to grant the ECB’s prior written consent in accordance with Article 10(1) of Decision (EU) 2020/637 (ECB/2020/24) in cases in which an accredited manufacturer has complied with all relevant accreditation requirements pursuant to Articles 3 and 4 of that Decision and all relevant obligations pursuant to Article 9 of the same Decision.

Article 2 Sub-delegation of power to take decisions relating to an immediate stop of euro secure item activity The Executive Board sub-delegates the power to take decisions to require an accredited manufacturer to stop the relevant euro secure item activity with immediate effect in accordance with Article 14(1) of Decision (EU) 2020/637 (ECB/2020/24) to two members of staff of the Directorate Banknotes, authorised to conduct inspections in accordance with Article 11 of that Decision.

Article 3 Reporting obligation 1. The member of the Executive Board to whom the Directorate Banknotes reports shall submit an annual report to the Executive Board on the decisions taken pursuant to Article 1(1) during the preceding calendar year, unless no such decisions have been taken. 2. The Directorate Banknotes shall submit an annual report to the Executive Board on the decisions taken pursuant to Articles 1(2) and 2 during the preceding calendar year, unless no such decisions have been taken.

Article 4 Repeal Decision (EU) 2016/1975 (ECB/2016/39) is hereby repealed.

Article 5 Taking effect This Decision shall take effect on the day of its notification to the addressees.

Article 6 Addressees This Decision is addressed to manufacturers and accredited manufacturers of euro secure items and euro items.

Done at Frankfurt am Main, 27 July 2021. The President of the ECB Christine LAGARDE

(1) OJ L 149, 12.5.2020, p. 12.

(2) Decision (EU) 2016/1975 of the European Central Bank of 8 November 2016 on the sub-delegation of the powers to grant a provisional accreditation (ECB/2016/39) (OJ L 304, 11.11.2016, p. 9).

(3) Decision ECB/2013/54 of the European Central Bank of 20 December 2013 on the accreditation procedures for manufacturers of euro secure items and euro items and amending Decision ECB/2008/3 (OJ L 57, 27.2.2014, p. 29).