2008/893/EC: Decision of the European Central Bank of 17 November 2008 laying down the framework for joint Eurosystem procurement (ECB/2008/17)
Date: 2008-11-17
Institutions: European Central Bank
Subjects: European Central Bank, financial legislation, single monetary policy

L 319/76

EN

Official Journal of the European Union

29.11.2008

DECISION OF THE EUROPEAN CENTRAL BANK

of 17 November 2008

laying down the framework for joint Eurosystem procurement

(ECB/2008/17)

(2008/893/EC)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

(5)

Having regard to the Treaty
establishing the European
Community, and in particular Articles 105 and 106 thereof,

Having regard to the Statute of the European System of Central
Banks and of the European Central Bank (hereinafter the ‘ESCB
Statute’), and in particular Article 12.1 in conjunction with
Article 3.1 and Articles 5, 16 and 24 thereof,

Whereas:

(1)

(2)

(3)

(4)

the ESCB Statute,

to Article 12.1 of

the
Pursuant
Governing Council adopts the guidelines and takes the
decisions necessary to ensure the performance of the
tasks
entrusted to the Eurosystem. The Governing
Council accordingly has the power to decide on the
organisation
the
procurement of goods and services, that are necessary
for the performance of Eurosystem tasks.

activities,

auxiliary

such

of

as

European Community procurement legislation allows for
the joint procurement of goods and services by several
contracting authorities. This principle is
reflected in
Recital 15 to and Article 11 of Directive 2004/18/EC
of
the Council of
31 March 2004 on the coordination of procedures for
the award of public works contracts, public supply
contracts and public service contracts (1), which provide
for the use of certain centralised purchasing techniques.

the European Parliament and of

The Eurosystem aims at complying with the principles of
cost-efficiency and effectiveness and seeks the best value
for money from the procurement of goods and services.
The Governing Council considers joint procurement of
goods and services to be an instrument to achieve these
objectives by exploiting synergies and economies of scale.

By establishing a
joint Eurosystem
framework for
procurement, the European Central Bank (ECB) aims at
fostering the participation of the ECB and the national
central banks of the Member States that have adopted the
euro in such joint procurement.

a

created

Council

procurement.

Eurosystem
The Governing
Procurement Coordination Office (EPCO) to coordinate
joint
has
appointed the Banque centrale du Luxembourg to host
EPCO for
the period from 1 January 2008 to
31 December 2012.

The Governing

Council

(6)

(7)

This Decision is without prejudice to the possibility for
the central banks to request EPCO to support them in
connection with the procurement of goods and services
which fall outside the scope of this Decision.

The national central banks of the Member States that
have not yet adopted the euro may have an interest in
participating in EPCO’s activities as well as in joint tender
the same
procedures, which will
conditions as those applying to the central banks,

take place under

HAS DECIDED AS FOLLOWS:

Article 1

Definitions

For the purposes of this Decision:

(a)

‘Eurosystem’ means the ECB and the national central banks
of the Member States that have adopted the euro;

(b) ‘Eurosystem tasks’ means the tasks entrusted to the Euro­
system according to the Treaty and the ESCB Statute;

(c)

‘central bank’ means the ECB or the national central bank of
a Member State that has adopted the euro;

(d) ‘leading central bank’ means the central bank responsible for

conducting the joint tender procedure;

(1) OJ L 134, 30.4.2004, p. 114.

(e)

‘hosting central bank’ means the central bank appointed by
the Governing Council to host EPCO;

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Official Journal of the European Union

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(f)

‘EPCO Steering Committee’ means the steering committee
set up by the Governing Council to steer the activities of
EPCO. The EPCO Steering Committee shall be composed of
one member from each central bank, to be selected from
among staff members at senior level with knowledge and
expertise in organisational and strategic issues within their
respective institutions and procurement experts. The EPCO
Steering Committee shall report via the Executive Board to
the Governing Council. The Chairmanship and the Secre­
tariat of the EPCO Steering Committee shall be provided by
the ECB;

(g)

‘joint tender procedure’ means a procedure for the joint
procurement of goods and services carried out by the
leading central bank for the benefit of the central banks
participating in the joint tender procedure.

Article 2

Scope of application

1.
This Decision shall apply to the joint procurement by
central banks of goods and services which are necessary for
the performance of Eurosystem tasks.

Participation of central banks in EPCO’s activities and in

2.
joint tender procedures shall be voluntary.

3.
This Decision shall be without prejudice to Guideline
ECB/2004/18 of 16 September 2004 on the procurement of
euro banknotes (1).

Article 3

Eurosystem Procurement Coordination Office

1.

EPCO shall carry out all of the following tasks:

(a)

facilitate the adoption of best procurement practices within
the Eurosystem;

(b) develop the infrastructure (e.g. skills, functional tools, infor­
mation systems, processes) required for joint procurement;

(c)

identify potential cases for joint procurement which fall
within or outside the scope of this Decision on the basis
of procurement needs that central banks address to EPCO;

(d) prepare and update as necessary an annual procurement
plan for joint tender procedures based on the assessment
described in point (c);

(e) prepare common requirements in cooperation with the
central banks participating in a joint tender procedure;

(1) OJ L 320, 21.10.2004, p. 21.

(f)

support the central banks in joint tender procedures;

(g) support

the central banks

relating to
the European System of Central
if so requested by the central bank leading the

in procurement

common projects of
Banks,
project.

2.
The hosting central bank shall provide the material and
human resources required for EPCO to perform its tasks in
accordance with the budget approved by the Governing
Council as set out in paragraph 4.

3.
The hosting central bank, in consultation with the EPCO
Steering Committee, may adopt rules concerning the internal
organisation and administration of EPCO, including a code of
conduct for EPCO staff aimed at ensuring the utmost integrity
in the performance of their duties.

The

shall

central banks

finance EPCO’s budget

4.
in
accordance with the rules adopted by the Governing Council.
Prior to the start of the financial year, EPCO shall submit an
annual budget proposal to the Governing Council for approval,
via the EPCO Steering Committee and the Executive Board.

5.
EPCO shall submit an annual report on its activities to the
Governing Council, via the EPCO Steering Committee and the
Executive Board.

EPCO’s activities shall be subject to the control of the
6.
Internal Auditors Committee in accordance with the rules
adopted by the Governing Council. This shall be without
prejudice to the control and audit rules that apply to or are
adopted by the hosting central bank.

The EPCO Steering Committee shall conduct an effec­
7.
tiveness and efficiency evaluation of EPCO’s activities
five
years after EPCO’s establishment. Based on this evaluation, the
Governing Council shall decide if it is necessary to conduct a
selection procedure to choose a new hosting central bank.

Article 4

Joint tender procedures

(i)

A joint tender procedure shall be deemed necessary for
1.
it is reasonable to
the purpose of this Decision if either:
the joint procurement of goods and services
that
expect
would result
in more advantageous purchase conditions in
accordance with the principles of cost-efficiency and effec­
tiveness; or (ii) the central banks need to adopt harmonised
requirements and standards in relation to such goods and/or
services.

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After having identified a potential case for a joint
2.
procurement, EPCO shall invite the central banks to participate
in a joint tender procedure. The central banks shall
inform
EPCO in good time whether they intend to participate in the
joint tender procedure and, if so, communicate their business
requirements to EPCO. A central bank may withdraw from
participating in a joint procurement prior to the publication
of the contract notice.

joint
On the basis of an annual procurement plan of
3.
tender procedures prepared by EPCO, and after consulting
with the EPCO Steering Committee,
the Governing Council
may initiate joint tender procedures and choose the leading
central bank(s) from among the central banks participating in
the joint tender procedure. The Governing Council shall be
provided with each update of the annual procurement plan.

The leading central bank shall carry out the joint tender
4.
procedure for the benefit of the central banks participating in
the joint tender procedure, in accordance with the procurement
rules to which the leading central bank is subject. The leading
central bank shall, in the contract notice, specify which central
banks are participating in the joint tender procedure as well as
the structure of the contractual relationships.

5.
The leading central bank shall prepare the tender docu­
mentation and shall evaluate the applications and tenders in

cooperation with EPCO and the other central banks partici­
pating in the joint tender procedure.

The leading central bank shall carry out the joint tender
annual

laid down in the

language(s)

6.
in the
procedure
procurement plan.

Article 5

Participation of national central banks of

the Member

States that have not yet adopted the euro

The Governing Council may invite the national central banks of
the Member States that have not yet adopted the euro to parti­
cipate in EPCO’s activities and joint tender procedures under the
same conditions as those applying to central banks.

Article 6

Final provision

This Decision shall enter into force on 1 December 2008.

Done at Frankfurt am Main, 17 November 2008.

The President of the ECB

Jean-Claude TRICHET