The ethics framework of the ECB (This text replaces the texts published in the Official Journal C 204 of 20 June 2015, p. 3, C 31 of 28 January 2016, p. 3, and C 375 of 6 November 2020, p. 25)
Date: 2026-02-19
Institutions: European Central Bank
Subjects: European Central Bank, ethics, professional ethics, professional secret, staff regulations (EU)








C_202601049EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2026/1049


19.2.2026







            THE ETHICS FRAMEWORK OF THE ECB
         


(This text replaces the texts published in the Official Journal C 204 of 20 June 2015, p. 3, C 31 of 28 January 2016, p. 3, and C 375 of 6 November 2020, p. 25)


(C/2026/1049)

I.   THE CONDITIONS OF EMPLOYMENT FOR STAFF OF THE ECB AS REGARDS THE ETHICS FRAMEWORK


Article 3

The conduct of members of staff shall neither undermine their professional independence and impartiality nor harm the ECB’s reputation.
Members of staff shall:






(a)


adhere to the highest standards of professional ethics and act with loyalty to the Union and the ECB;










(b)


respect the ECB’s common values and conduct themselves in their professional and private lives in a manner befitting the character of the ECB as a European institution;










(c)


perform their duties conscientiously, honestly and without regard to self-interest or national interests.




Members of staff shall continue to be bound by these obligations while on leave.
Members of staff shall be bound by the ECB’s ethics framework.

Article 4

With due regard to Article 37 of the Statute of the European System of Central Banks and of the European Central Bank, members of staff shall refrain, even after their duties have ceased, from making unauthorised disclosure of any information that they have received in the performance of their duties, unless that information has already been made public.

Article 4a

Members of staff shall not, without prior authorisation from the Executive Board, disclose on any grounds whatsoever, in any administrative or legal proceedings, information of which they have knowledge by reason of their professional duties. The ECB shall authorise disclosure if (a) such disclosure is compatible with the interests of the ECB, and (b) refusal to authorise disclosure would give rise to criminal consequences for the member of staff concerned. Authorisation to make disclosure shall not be necessary if a member of staff is summoned to give evidence before the Court of Justice of the European Union in proceedings between the ECB and current or former staff.

Article 4b

Under the conditions laid down in the Staff Rules, certain members of staff who intend to engage in a new occupational activity after the end of their employment with the ECB shall refrain for a specified period from engaging in an occupational activity that could lead to a conflict with the interests of the ECB (cooling-off period).

Article 36a

Under the conditions laid down in the Staff Rules, members of staff who, following the end of their employment with the ECB, are prohibited as a result of their cooling-off period from taking up a specific occupational activity and who cannot find a suitable alternative occupational activity and are as a result unemployed, shall be entitled to the following benefits for the duration of the prohibition on undertaking the activity and as long as they remain unemployed:






(a)


a special monthly allowance equal to:






—


80 % of the last basic salary for the first year,










—


60 % of the last basic salary for the year thereafter;














(b)


household and child allowances;










(c)


continued cover under the ECB health insurance, long-term care insurance and accident insurance scheme, subject to payment of the relevant contributions;










(d)


an education allowance in accordance with Article 19, limited to the reimbursement of a maximum of EUR 393 per month, except for children with certified, imperative educational needs as defined in the Staff Rules, in which case the reimbursement shall be increased to a maximum of EUR 764 per month. The allowance shall be payable only until the end of the academic year in which the member of staff becomes unemployed and provided that the child remains in the same educational establishment for the remainder of the academic year in question;










(e)


accrual of pensionable service during the period mentioned in point (a). During such period they shall remain members of the pension scheme and the ‘ECB contribution’, ‘compulsory contribution’ and ‘voluntary contribution’, where applicable, shall be calculated on the basis of the special monthly allowance specified in point (a) in lieu of the basic salary.




The above benefits shall replace the unemployment benefits provided for in Article 36, where applicable, and are complementary to any other benefits of the same nature provided by other sources, including unemployment benefits. Members of staff shall claim and declare such benefits, which shall be deducted from those payable by the ECB.
The above benefits shall not be payable to members of staff on retirement.
II.   THE CONDITIONS OF SHORT-TERM EMPLOYMENT FOR STAFF OF THE ECB AS REGARDS THE ETHICS FRAMEWORK


Article 2

The conduct of short-term contract employees shall neither undermine their professional independence and impartiality nor harm the ECB’s reputation. Short-term contract employees shall comply with the provisions of the ECB’s ethics framework laid down in the Staff Rules.
Short-term contract employees shall:






(a)


adhere to the highest standards of professional ethics and act with loyalty to the Union and the ECB;










(b)


respect the ECB’s common values and conduct themselves in their professional and private lives in a manner befitting the character of the ECB as a European institution;










(c)


perform their duties conscientiously, honestly and without regard to self-interest or national interests.




Short-term contract employees shall continue to be bound by these obligations while on leave.

Article 3

With due regard to Article 37 of the Statute of the European System of Central Banks and of the European Central Bank, short-term contract employees shall refrain, even after their duties have ceased, from making unauthorised disclosure of any information that they have received in the performance of their duties, unless that information has already been made public.

Article 4

Short-term contract employees shall not, without prior authorisation from the Executive Board, disclose on any grounds whatsoever, in any administrative or legal proceedings, information of which they have knowledge by reason of their professional duties. The ECB shall authorise disclosure if (a) such disclosure is compatible with the interests of the ECB, and (b) refusal to authorise disclosure would give rise to criminal consequences for the short-term contract employee concerned. Authorisation to make disclosure shall not be necessary if a short-term contract employee is summoned to give evidence before the Court of Justice of the European Union in proceedings between the ECB and current or former staff.

Article 4a

Under the conditions laid down in the Staff Rules, certain short-term contract employees who intend to engage in a new occupational activity after the end of their employment with the ECB shall refrain for a specified period from engaging in an occupational activity that could lead to a conflict with the interests of the ECB (cooling-off period).

Article 31a

Under the conditions laid down in the Staff Rules, short-term contract employees who, following the end of their employment with the ECB, are prohibited as a result of their cooling-off period from taking up a specific occupational activity and who cannot find a suitable alternative occupational activity and are as a result unemployed, shall be entitled to the following benefits for the duration of the prohibition on undertaking the activity and as long as they remain unemployed:






(a)


a special monthly allowance equal to






—


80 % of the last basic salary for the first year,










—


60 % of the last basic salary for the year thereafter;














(b)


cover under the ECB health insurance, long-term care insurance and accident insurance scheme, subject to payment of the relevant contributions.




The above benefits are complementary to any other benefits of the same nature provided by other sources, including unemployment benefits. Short-term contract employees shall claim and declare such benefits, which shall be deducted from those payable by the ECB.
The above benefits shall not be payable to short-term contract employees on retirement.
III.   PART 0 OF THE ECB STAFF RULES AS REGARDS THE ETHICS FRAMEWORK

0.1.   General provisions and principles









0.1.1.


The privileges and immunities enjoyed by members of staff under the Protocol on the Privileges and Immunities of the European Union are accorded solely in the interests of the ECB. These privileges and immunities shall in no way exempt members of staff from fulfilling their private obligations or from complying with the applicable laws and police regulations. Whenever privileges and immunities are in dispute, the members of staff concerned shall immediately inform the Executive Board.












0.1.2.


In principle, members of staff who are seconded to the ECB or on leave from another organisation or institution in order to work for the ECB on the basis of an ECB employment contract shall be integrated into the staff of the ECB, shall have the same obligations and rights as other staff, and shall perform their professional duties solely for the ECB’s benefit.




0.2.   Independence

0.2.1.   Conflicts of interest









0.2.1.1.


Members of staff shall avoid conflicts of interest when performing their professional duties.












0.2.1.2.


A ‘conflict of interest’ means a situation where members of staff have personal interests that may influence or appear to influence the impartial and objective performance of their professional duties. ‘Personal interests’ means any benefit or potential benefit, of a financial or non-financial nature, for members of staff, their family members, their other relatives or their circle of friends and close acquaintances.












0.2.1.3.


Members of staff who become aware of a conflict of interest when performing their professional duties shall immediately inform their line manager thereof. The line manager may initiate any appropriate measures to avoid such conflict of interest after having sought the advice of the Compliance and Governance Office. If the conflict cannot be solved or mitigated by other appropriate measures, the line manager may relieve staff from responsibility for the relevant matter. If the conflict of interest is related to a procurement process, the line manager shall inform the Central Procurement Office or the Procurement Committee, as applicable, which shall then decide on the measures to be taken.












0.2.1.4.


Prior to a candidate’s appointment, the appointing authority, as defined in point (a) of Article 1a.1.1, shall in accordance with the rules on selection and appointment assess whether there may be a conflict of interest resulting from the candidate’s previous occupational activities or their close personal relationship to members of staff, members of the Executive Board or members of other internal bodies of the ECB. The appointing authority shall seek the advice of the Compliance and Governance Office if they identify a conflict of interest.




0.2.2.   Gifts and hospitality









0.2.2.1.


Members of staff may neither solicit nor accept for themselves or any other person any advantage connected in any way with their employment with the ECB.












0.2.2.2.


An ‘advantage’ is any gift, hospitality or other benefit of a financial or non-financial nature which objectively improves the financial, legal or personal situation of the recipient or any other person and to which the recipient is not entitled by law. Minor hospitality offered during a work-related meeting shall not be considered as an advantage. An ‘advantage’ is considered connected with a recipient’s employment with the ECB if it is offered on the basis of the recipient’s position with the ECB, rather than on a personal basis.












0.2.2.3.


As an exception to Article 0.2.2.1, and provided they are not frequent and not from the same source, the following may be accepted:






(a)


hospitality offered by the private sector with a value of up to EUR 50 if it is offered in the context of a work-related occasion. This exception shall not apply to hospitality offered by current or potential suppliers or by credit institutions in the context of on-site inspections or audits undertaken by the ECB, in which cases no hospitality may be accepted;










(b)


advantages offered by other central banks, national public bodies or European and international organisations which do not go beyond what is customary and considered appropriate;










(c)


advantages offered in specific circumstances in which their rejection would have caused an offence or put the professional relationship at serious risk.
















0.2.2.4.


Members of staff shall register with the Compliance and Governance Office without undue delay






(a)


any advantage accepted in accordance with Article 0.2.2.3(c);










(b)


any advantage whose value cannot be clearly established to be under the thresholds provided for in Article 0.2.2.3;










(c)


any offer of third parties of advantages the acceptance of which is prohibited.




Members of staff shall hand over to the ECB any gifts accepted in accordance with Article 0.2.2.3(c). Such gifts shall become the ECB’s property.












0.2.2.5.


The acceptance of an advantage shall not, in any event, impair or influence the objectivity and freedom of action of staff.




0.2.3.   Procurement

Members of staff shall ensure the proper conduct of procurement procedures by maintaining objectivity, neutrality and fairness, and ensuring the transparency of their actions. Members of staff shall in particular comply with all general and specific rules related to avoiding and reporting conflicts of interest, the acceptance of advantages and professional secrecy.
Members of staff shall only communicate with suppliers participating in a procurement procedure through official channels and shall communicate with them in writing, wherever possible.
0.2.4.   Awards, honours and decorations

Members of staff shall obtain authorisation from the Compliance and Governance Office before accepting awards, honours or decorations in connection with their work for the ECB.
0.2.5.   Prohibition of payment from third parties for the performance of professional duties

Members of staff shall not accept for themselves any payments from third parties in respect of the performance of their professional duties. If payments are offered from third parties, they shall be made to the ECB.
Activities that relate to ECB tasks or the member of staff’s responsibilities are presumed to be part of the overall professional duties of the member of staff. In case of doubt, the responsible line manager shall assess and decide whether an activity is to be considered a professional duty.
0.2.6.   External activities









0.2.6.1.


Members of staff shall obtain written authorisation before engaging in an external activity that is of an occupational nature or goes otherwise beyond what can be reasonably considered a leisure activity.
The Director General Human Resources or their Deputy, after consulting the Compliance and Governance Office and the relevant line managers, shall grant such authorisation if the external activity does not in any way impair the performance of the member of staff’s professional duties towards the ECB and does not constitute a likely source of conflict of interest.
Such authorisation shall be granted for a maximum of five years at a time.












0.2.6.2.


As an exception to Article 0.2.6.1, no authorisation shall be required for external activities that are:






(i)


unremunerated, and










(ii)


in the domain of culture, science, education, sport, charity, religion, social or other benevolent work, and










(iii)


not related to the ECB or the member of staff’s professional duties at the ECB.
















0.2.6.3.


Without prejudice to Articles 0.2.6.1 and 0.2.6.2 above, members of staff may engage in political and trade union activities, but in doing so shall not make use of their position at the ECB and shall explicitly state that their personal views do not necessarily reflect those of the ECB.












0.2.6.4.


Members of staff who intend to stand for or who are elected or appointed to public office shall notify the Director General Human Resources or their Deputy, who shall decide, after consulting the Compliance and Governance Office, having regard to the interest of the service, the importance of the office, the duties it entails and the remuneration and reimbursement of expenses incurred in carrying out the duties of the office, whether the member of staff concerned:






(a)


should be required to apply for unpaid leave on personal grounds;










(b)


should be required to apply for annual leave;










(c)


may be authorised to discharge their professional duties on a part-time basis;










(d)


may continue to discharge their professional duties as before.




If a member of staff is required to take unpaid leave on personal grounds or is authorised to discharge their professional duties on a part-time basis, the period of such unpaid leave or part-time work arrangement shall correspond to the member of staff’s term of office.












0.2.6.5.


Members of staff shall perform external activities outside working hours. On an exceptional basis, the Director General Human Resources or their Deputy may authorise derogations from this rule.












0.2.6.6.


The Director General Human Resources or their Deputy may, at any time and after consulting the Compliance and Governance Office and hearing the member of staff, where possible, require the member of staff to terminate external activities that may in any way impair the performance of the member of staff’s professional duties towards the ECB or constitute a likely source of conflict of interest, even if previously authorised. If so required, members of staff shall be granted a reasonable period of time to terminate the external activities, unless an immediate cessation of such activities is necessary in the interest of the service.




0.2.7.   Gainful occupation of a spouse or recognised partner

Members of staff shall inform the Compliance and Governance Office of any gainful occupational activity of their spouse or recognised partner that may lead to a conflict of interest. Should the nature of the occupational activity lead to a conflict of interest with the professional duties of the member of staff, the Compliance and Governance Office shall first inform and advise the responsible line manager with regard to the appropriate measures to be initiated to mitigate the conflict of interest, including, if necessary, relieving of the member of staff from responsibility for the relevant matter.
0.2.8.   Post-employment restrictions


Negotiating prospective occupational activities









0.2.8.1.


Members of staff shall behave with integrity and discretion in any negotiations concerning prospective occupational activities. They shall inform the Compliance and Governance Office if the nature of the occupational activity may lead to a conflict of interest with the professional duties of the member of staff. If there is a conflict of interest, the Compliance and Governance Office shall inform and advise the responsible line manager with regard to the appropriate measures to be initiated to mitigate the conflict of interest, including, if necessary, relieving of the member of staff from responsibility for the relevant matter.





Notification obligations









0.2.8.2.


Members of staff and former members of staff shall notify the Compliance and Governance Office before accepting any occupational activity during the following notification periods:






(a)


members of staff at salary band I or above and involved in supervisory activities: two years from the date on which their involvement in supervisory activities ceased;










(b)


members of staff at salary bands F/G to H and involved in supervisory activities: six months from the date on which their involvement in supervisory activities ceased;










(c)


other members of staff at salary band I or above: one year from the date on which they were effectively relieved of their professional duties.









Cooling-off periods









0.2.8.3.


The following members of staff shall be subject to cooling-off periods:






(a)


members of staff who were during their employment with the ECB involved in supervisory activities for at least six months may only start working for:






(1)


a credit institution in the supervision of which they were directly involved after the expiry of:






(i)


one year if they are at salary band I or above (which may in exceptional circumstances be increased to up to two years in accordance with Article 0.2.8.7);










(ii)


six months if they are at salary band F/G to H
from the date on which their direct involvement in the supervision of the credit institution ceased;














(2)


a direct competitor of such a credit institution after the expiry of:






(i)


six months if they are at salary band I or above;










(ii)


three months if they are at salary band F/G to H
from the date on which their direct involvement in the supervision of the credit institution ceased;


















(b)


members of staff at salary band I or above who worked in the Directorate General Economics, the Directorate General Research, the Directorate General Macro-Prudential Policy and Financial Stability, the Directorate General Market Operations, the Directorate Risk Management, the Directorate General International and European Relations, the Directorate General Secretariat (with the exception of DIV/IGO), the Counsel to the Executive Board, the Directorate General Legal Services (with the exception of the DPO and experts working exclusively in the DPO team), the Directorates General Specialised Institutions & LSIs, Systemic & International Banks, Universal & Diversified Institutions, Horizontal Line Supervision, On-Site & Internal Model Inspections, SSM Governance & Operations or Supervisory Strategy & Risk for at least six months may only start working for a financial corporation established in the Union after the expiry of three months from the date on which their work in these business areas ceased;










(c)


members of staff at salary band K or above who worked in any other ECB business area for at least six months may only start working for a financial corporation established in the Union after the expiry of three months from the date on which their work in these business areas ceased;










(d)


members of staff at salary band I or above who were during their employment with the ECB engaged in payment systems oversight for at least six months may only start working for an entity in the oversight of which they were directly involved after the expiry of six months from the date on which their direct involvement in the oversight of the entity ceased;










(e)


members of staff at salary band I or above who were during their employment with the ECB directly involved in the selection of a supplier or the management of a contract with a supplier may only start working for such a supplier after the expiry of:






(1)


six months if the total value of the contract(s) with this supplier is more than EUR 200 000 but less than EUR 1 million;










(2)


one year if the total value of the contract(s) with this supplier is EUR 1 million or more
from the day on which their involvement ceased;














(f)


members of staff at salary band I or above may after their employment with the ECB only engage in lobbying and advocacy vis-à-vis the ECB on matters for which they were responsible during their employment with the ECB after the expiry of six months from the date on which their responsibilities for these matters ceased;










(g)


members of staff at salary band I or above who were during their employment with the ECB directly involved in a legal dispute or seriously conflictive relationship with another entity may only start working for such an entity or for any other party acting on behalf of that entity after the expiry of six months from the date on which their direct involvement ceased.
















0.2.8.4.


If the envisaged occupational activity falls under two different cooling-off periods, the longer one shall apply.












0.2.8.5.


For members of staff whose employment with the ECB does not exceed four years the duration of the notification obligations and cooling-off periods set out in Articles 0.2.8.2 and 0.2.8.3 shall not exceed half of the duration of their employment with the ECB.












0.2.8.6.


Upon the request of a member of staff, the Executive Board may exceptionally waive or reduce the cooling-off periods laid down in Article 0.2.8.3, if there are particular circumstances that exclude conflicts of interest resulting from the subsequent occupational activity. The member of staff shall submit a reasoned request including supporting evidence to the Compliance and Governance Office for decision by the Executive Board within a reasonable period.












0.2.8.7.


If the cooling-off period set out in Article 0.2.8.3(a)(1)(i) applies, the Executive Board may in exceptional circumstances and upon a proposal from the Compliance and Governance Office decide to increase that cooling-off period up to a maximum of two years where conflicts of interest persist.




0.3.   Professional Standards

0.3.1.   Professional secrecy

Members of staff shall comply with the ECB’s rules on management and confidentiality of documents, in particular seek authorisation to make disclosure of information within and outside the ECB, where necessary.
0.3.2.   Relations with external parties









0.3.2.1.


Members of staff shall be mindful of the ECB’s independence, reputation and the need to maintain professional secrecy. In the performance of their professional duties, members of staff shall neither seek nor take instructions from any government, authority, organisation or person outside the ECB. Members of staff shall inform their line manager of any attempt by a third party to influence the ECB in the performance of its tasks.




When expressing views on issues on which the ECB has not established a position, members of staff shall explicitly state that their personal views do not necessarily reflect those of the ECB.








0.3.2.2.


Members of staff shall maintain a high level of accessibility in their contacts with other European institutions, bodies, agencies and international organisations and be responsive and make themselves available for timely reactions.




Members of staff shall conduct their relations with their colleagues in the national central banks of the European System of Central Banks (ESCB) and the national competent authorities which participate in the single supervisory mechanism (SSM) in a spirit of close mutual cooperation, bearing in mind their obligations towards the ECB and the impartial role of the ECB within the ESCB.








0.3.2.3.


Members of staff shall maintain caution in their relations with interest groups and the media. Members of staff shall refer all requests for information by the general public or the media to the Directorate General Communications and Language Services (DG/C) in accordance with the provisions laid down in the Business Rulebook. Members of staff shall refer all requests by the general public or the media for access to ECB documents to the Directorate General Secretariat in accordance with the provisions laid down in the Business Rulebook.












0.3.2.4.


Members of staff who intend to speak at external conferences or seminars or consider contributing to external publications shall seek prior authorisation in accordance with the Business Rulebook and comply with the relevant provisions.












0.3.2.5.


Articles 0.3.2.3 and 0.3.2.4 shall not apply to staff representatives with regards to matters falling within their mandate. Staff representatives may inform DG/C about any media contacts, speeches or external publications in good time. Their duty of loyalty and professional secrecy obligations shall remain fully applicable in all cases.




0.3.3.   In-house relations









0.3.3.1.


Members of staff shall comply with their managers’ instructions and with applicable reporting lines. If members of staff consider that an instruction given to them is irregular, they shall inform their line manager of their concerns, or, if they consider that the line manager has not sufficiently addressed their concerns, their Director General, Director or their Deputy. If the instruction is confirmed by the Director General, Director or their Deputy in writing, members of staff shall execute such instruction unless it is manifestly illegal.












0.3.3.2.


Members of staff shall not require other staff to perform private tasks for them or for others.












0.3.3.3.


Members of staff shall behave loyally towards their colleagues. In particular, members of staff shall neither withhold from other members of staff information that may affect the conduct of business, particularly to gain a personal advantage, nor provide false, inaccurate or exaggerated information. Moreover, they shall not obstruct or refuse to cooperate with colleagues.




0.3.4.   Respect of the principle of separation between supervisory and monetary policy functions

Members of staff shall respect the principle of separation between supervisory and monetary policy functions as specified in the rules implementing this principle.
0.4.   Private financial transactions

0.4.1.   General principles









0.4.1.1.


Members of staff shall employ utmost caution and care when making private financial transactions for their own account or for the account of a third party to safeguard the reputation and credibility of the ECB as well as public confidence in the integrity and impartiality of its staff. Their private financial transactions shall be non-speculative, restrained and in reasonable proportion to their income and wealth in order not to put their financial independence at risk.












0.4.1.2.


The Compliance and Governance Office may issue binding guidelines for the interpretation and application of this Article. Subject to the approval by the Executive Board, the Compliance and Governance Office may in particular specify further private financial transactions which shall be prohibited or subject to prior authorisation under Articles 0.4.2.2 and 0.4.2.3 if such transactions are or may be perceived to be in conflict with the ECB’s operations. The Compliance and Governance Office shall publish such guidelines by appropriate means.












0.4.1.3.


Members of staff shall be prohibited from using or attempting to use information which pertains to the activities of the ECB, national central banks, national competent authorities or the European Systemic Risk Board, and which has not been made public or is not accessible to the public (hereinafter ‘inside information’), to further their own or another’s private interests.
Members of staff are specifically prohibited from taking advantage of inside information in any private financial transaction or in recommending or advising against such transactions.












0.4.1.4.


In case of doubt as regards the interpretation of this Article, members of staff shall seek the advice of the Compliance and Governance Office before engaging in a private financial transaction.




0.4.2.   Categories of private financial transactions

Without prejudice to the general obligations laid down in Articles 0.4.1 and 0.4.3, members of staff shall comply with the rules applicable to the following categories:






(a)


exempt private financial transactions;










(b)


prohibited private financial transactions;










(c)


private financial transactions subject to prior authorisation;










(d)


private financial transactions subject to ex-post reporting.




0.4.2.1.   Exempt private financial transactions

Without prejudice to the general obligations laid down in Articles 0.4.1 and 0.4.3, members of staff may make the following private financial transactions without being subject to any restrictions or notification obligations:






(a)


purchase or sale of units in a collective investment scheme in respect of which the member of staff has no influence on the investment policy, except schemes whose main purpose is to invest in assets falling under Articles 0.4.2.2(b) and 0.4.2.3(b) and (c), as well as funds transfers and foreign exchange transactions directly connected with such purchase or sale;










(b)


purchase or redemption of insurance policies or annuities;










(c)


purchase or sale of foreign exchange for the occasional acquisition of non-financial investments or assets, for private travel purposes, or to cover current or future personal expenses in a currency other than that in which the salary of the member of staff is paid;










(d)


expenditures, including purchase or sale of non-financial investments or assets including real estate;










(e)


arrangement of mortgages;










(f)


transfer of funds from a member of staff’s current or savings account held in any currency to another current or savings account owned by them or a third party;










(g)


other private financial transactions which are neither prohibited nor subject to prior authorisation and the value of which does not exceed EUR 10 000 within any given calendar month. Members of staff shall not split up private financial transactions in order to circumvent this threshold.




0.4.2.2.   Prohibited private financial transactions

Members of staff shall not make any of the following private financial transactions:






(a)


transactions relating to or with either a private legal entity or individuals with whom the member of staff has an on-going professional relationship on behalf of the ECB;










(b)


transactions concerning (i) individual marketable bonds and shares issued by financial corporations (except central banks) established or having a branch in the Union; (ii) derivative instruments related to such bonds and shares; (iii) combined instruments if one of the components falls under (i) or (ii); and (iv) units in collective investment schemes whose main purpose is to invest in such bonds, shares or instruments.




0.4.2.3.   Private financial transactions subject to prior authorisation

Members of staff shall request the authorisation of the Compliance and Governance Office before making the following financial transactions:






(a)


short-term trading, i.e. the sale or purchase of assets with the same International Securities Identification Number (ISIN) which have been purchased or sold within the previous month. No authorisation is required if the subsequent sale is made in execution of a stop-loss order which the member of staff has given to their broker;










(b)


transactions exceeding EUR 10 000 within any given calendar month in (i) government securities issued by euro area Member States; (ii) derivative instruments related to such government securities; (iii) combined instruments if one of the components falls under (i) or (ii); and (iv) units in collective investment schemes whose main purpose is to invest in such securities or instruments;










(c)


transactions exceeding EUR 10 000 within any given calendar month in (i) gold and gold-related derivative instruments (including gold-indexed securities); (ii) shares, bonds or related derivative instruments issued by companies whose principal business is mining or producing gold; (iii) combined instruments if one of the components falls under (i) or (ii); and (iv) units in collective investment schemes whose main purpose is to invest in such securities and instruments;










(d)


foreign exchange transactions other than those listed in Article 0.4.2.1(c) and exceeding EUR 10 000 within any given calendar month.




0.4.2.4.   Private financial transactions subject to ex-post reporting

Members of staff shall report to the Compliance and Governance Office any private financial transaction exceeding EUR 10 000 within any given calendar month which does not fall under one of the previous three categories within 30 calendar days after its execution. The Compliance and Governance Office shall define the information to be reported, the reporting format and the procedure.
The obligation to report shall apply in particular to:






(a)


loans other than mortgages (including switching from a fixed to a floating arrangement, or vice-versa, or extending an existing loan). Members of staff shall indicate whether the loan is used for the acquisition of financial instruments;










(b)


interest rate-related derivatives and derivatives based on indices;










(c)


purchases or sales of shares of corporations other than the ones set out in Article 0.4.2.2(b) and bonds issued by such corporations.




0.4.2.5.   Existing assets resulting from prohibited transactions

Members of staff may keep assets resulting from transactions within the meaning of Article 0.4.2.2:






(a)


which they hold at the moment when they become subject to the restrictions laid down in Article 0.4;










(b)


which they acquire at a later point in time without action by them, in particular by way of inheritance, gift, change in their family status, or as a result of a change in the capital structure or a change of control of the entity in which the member of staff holds the assets or rights;










(c)


which they acquired at a time when the transaction was not yet prohibited.




Members of staff may dispose of or exercise any rights attached to those assets subject to prior authorisation by the Compliance and Governance Office.
Members of staff shall seek the Compliance and Governance Office’s advice if keeping these assets may create a conflict of interest. In such a case, the Compliance and Governance Office may request the member of staff to dispose of such assets within a reasonable period of time, if such disposal is necessary to avoid a conflict of interests.
0.4.2.6.   Request for authorisation

Any request for authorisation in accordance with Article 0.4.2.3 or 0.4.2.5 shall be submitted to the Compliance and Governance Office at least five working days prior to the envisaged order date in the format specified by the Compliance and Governance Office. The Compliance and Governance Office shall decide on the request within five working days considering in particular and where relevant: (a) the professional duties of the member of staff and their access to relevant inside information; (b) the speculative/non-speculative nature of the transaction; (c) the amounts involved, if indicated; (d) the reputational risk for the ECB; (e) the timing, in particular the proximity to a meeting of the ECB’s decision-making bodies. The Compliance and Governance Office may make an authorisation subject to certain conditions. If the Compliance and Governance Office does not react to a request for authorisation within five working days, the transaction shall be deemed to be authorised.
0.4.2.7.   Discretionary asset management by a third party

Financial transactions shall be exempted from the restrictions laid down in Articles 0.4.2.2 to 0.4.2.6 to the extent that they are made by a third party to whose discretion the member of staff has entrusted the management of their private financial transactions under a written asset management agreement. This exemption is subject to the authorisation by the Compliance and Governance Office. The authorisation shall be granted if evidence is provided that the terms and conditions ensure that the member of staff cannot directly or indirectly influence any management decision to be taken by the third party. The member of staff shall inform the Compliance and Governance Office about any change to the terms and conditions of the asset management agreement.
0.4.3.   Compliance monitoring









0.4.3.1.


Members of staff shall provide the Compliance and Governance Office with a current list of:






(a)


their bank accounts, including shared accounts, custody accounts, credit card accounts and accounts with stockbrokers; and










(b)


any powers of attorney which third parties have conferred on them in connection with their bank accounts, including custody accounts. Members of staff may only hold and use powers of attorney for third party bank accounts where they are allowed to make available to the ECB the relevant records in line with Article 0.4.3.2.
Members of staff shall keep this list up-to-date.
















0.4.3.2.


In view of their reporting obligations under Article 0.4.3, members of staff shall keep records for the previous and current calendar years of all of the following:






(a)


account statements for all accounts listed in Article 0.4.3.1;










(b)


any sale or purchase of financial assets or rights made by members of staff or third parties at the risk and for the account of members of staff or made by members of staff at the risk and for the account of third parties;










(c)


the conclusion or the amendment of mortgages or other loans at their own risk and for their own account, or by them at the risk and for the account of others;










(d)


their dealings in relation to retirement plans, including the ECB’s Pension Scheme and Retirement Plan;










(e)


any powers of attorney which third parties have conferred on them in connection with their bank accounts, including custody accounts;










(f)


the terms and conditions of any written asset management agreement as defined in Article 0.4.2.7 and of amendments to such agreement.
















0.4.3.3.


Subject to the approval of the Executive Board, the Compliance and Governance Office may request an external service provider to carry out:






(a)


regular compliance checks covering a certain percentage of members of staff as determined by the Compliance and Governance Office; and










(b)


ad-hoc compliance checks focusing either on a specific group of members of staff or on specific types of transactions.
For the purpose of such compliance checks, the Compliance and Governance Office may request the members of staff concerned to provide, for a period of time to be specified, the records listed in Article 0.4.3.2 in a sealed envelope for onward transmission to the external service provider. Members of staff shall provide such records within the time limit set by the Compliance and Governance Office.
















0.4.3.4.


Without prejudice to Article 0.4.3.5, the external service provider shall treat all information and documentation received in strictest confidence and shall use it only for the purpose of carrying out compliance checks.












0.4.3.5.


If the external service provider identifies evidence giving rise to a suspicion of a breach of professional duties by a member of staff or a potential breach of contractual duties by an external person working for the ECB and subject to the restrictions laid down in Article 0.4 by way of their contract, they shall report the potential breach and provide the supporting documentation to the Compliance and Governance Office. Where the Compliance and Governance Office receives such a report from the external service provider, or where a staff member reports to it evidence that suggests they may have breached their professional duties within the scope of Article 0.4 of the Staff Rules, the Compliance and Governance Office shall assess the potential breach. The report of the external service provider, including the supporting documentation submitted in accordance with the rules above, may be part of any subsequent internal and/or external proceedings.




If the suspicion is not substantiated, the Compliance and Governance Office shall close the case.
If the suspicion is or may be substantiated but, based on the considerations set out in Article 45 of the Conditions of Employment, the potential breach does not warrant any investigative or disciplinary follow-up, the Compliance and Governance Office shall close the case, even if there is or appears to have been a breach of professional duties.
If either the suspicion is substantiated, or if further investigative measures are required in order to assess it, the Compliance and Governance Office shall submit a report, including a proposal on the appropriate follow-up, to the Investigation Committee in accordance with Annex XI.
Before finalising an assessment concluding that the suspicion is substantiated, the Compliance and Governance Office shall provide the person concerned with the opportunity to comment on the facts concerning him or her.
The Compliance and Governance Office shall inform the person concerned of its decision.








0.4.3.6.


The obligations of members of staff under Article 0.4.3 shall continue to apply until the end of the calendar year following the year in which their employment ended. The prohibition to use inside information laid down in Article 0.4.1.3 shall continue to apply as long as the information has not been made public.




0.4bis.   Reporting of breaches, the whistleblowing tool and protection against retaliation

0.4bis.1.   Definitions

For the purpose of this Article, the following definitions apply:






(a)


‘breach’ means any illegal activity, including fraud or corruption, affecting the Union’s financial interests, or any conduct relating to the discharge of professional duties, by any person involved in the ECB’s activities, which constitutes a failure to comply with rules and regulations applicable to them;










(b)


‘identity’ means any information that identifies or makes identifiable a natural person or that may result in direct or indirect identification of a natural person, in particular by reference to identifiers referred to in point (1) of Article 3 of Regulation (EU) 2018/1725 of the European Parliament and of the Council (1);










(c)


‘information on breaches’ means information, including reasonable suspicions, about potential breaches or about attempts to conceal such breaches;










(d)


‘person involved in the ECB’s activities’, means a member of staff, a short-term contract employee, a graduate programme participant, a trainee, or one of the high-level ECB officials;










(e)


‘high-level ECB officials’, means the officials referred to in Articles 1.1, 1.2 and 1.4 of the Code of conduct for high-level European Central Bank Officials (2);










(f)


‘whistleblower’ means a person involved in the ECB’s activities who reports information on breaches, through any of the reporting channels provided for in Article 0.4bis.2 or in Decision (EU) 2016/456 of the European Central Bank (ECB/2016/3) (3);










(g)


‘witness’ means a person involved in the ECB’s activities, other than the whistleblower, who cooperates with, and provides information relating to facts which are the subject-matter of, an investigative process or disciplinary proceedings;










(h)


‘person concerned’ means a person involved in the ECB’s activities who is referred to in the report as a person to whom the breach is attributed or with whom that person is associated;










(i)


‘retaliation’ means any direct or indirect act or omission which (i) occurs in a work-related context; (ii) causes or may cause unjustified detriment; and (iii) is prompted by






(1)


the reporting of information on breaches through any of the reporting channels provided for in Article 0.4bis.2 or in Decision (EU) 2016/456 (ECB/2016/3);










(2)


any witness statement in relation to such reporting;
this should be understood as including threats of retaliation and attempts at retaliation;














(j)


‘competent authority’ means the authority designated to assess reports of information on breaches made through the reporting channel provided for in Article 0.4bis.2 and give feedback to the whistleblower, and/or designated to follow up on such reports;










(k)


‘inappropriate behaviour’ means any form of direct or indirect discrimination, physical violence, psychological harassment (also referred to as bullying or mobbing) and sexual harassment, the inappropriateness of which is assessed objectively from the perspective of a reasonable third party;










(l)


‘direct discrimination’ shall be taken to occur where one person, because of their nationality, gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation, is, has been or would be treated less favourably than another person in a comparable situation;










(m)


‘indirect discrimination’ shall be taken to occur where an apparently neutral provision, criterion or practice would put a person at a particular disadvantage on the grounds of nationality, gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation compared to another person, unless the provision, criterion or practice is objectively justified;










(n)


‘physical violence’ means the intentional use of physical force or the threat of physical force against another person that results in physical or psychological harm;










(o)


‘psychological harassment’ means any improper conduct that takes place over a period of time, is repetitive or systematic and involves physical behaviour, spoken or written language, gestures or other intentional acts that may undermine the personality, dignity or physical or psychological integrity of any person;










(p)


‘sexual harassment’ means conduct relating to sex which is unwanted by the person to whom it is directed and which has the purpose or effect of offending that person or creating an intimidating, hostile, offensive or disturbing environment.




0.4bis.1a.   Respectful workplace, early resolution and interim support measures

0.4bis.1a.1.   Respectful workplace

Members of staff shall respect the dignity of their colleagues and show sensitivity to and respect for others. They shall in particular refrain from any inappropriate behaviour and adhere to the standards of conduct set out in the Conditions of Employment.
0.4bis.1a.2.   Early resolution

Members of staff who consider that they are the target of inappropriate behaviour may raise the matter directly with the alleged wrongdoer, to explain what behaviour they find unwelcome and to make it clear that they want it to stop.
Members of staff who consider that they are the target of inappropriate behaviour, or who have witnessed such behaviour, may seek support to informally address such situations and contact for this purpose:






(a)


a trusted person of their choice, including a staff representative or a counterpart in the Directorate General Human Resources;










(b)


a Social Counsellor;










(c)


the Mediator.




Members of staff seeking early resolution shall not suffer any negative consequences as a result of doing so, unless in the context of a subsequent procedure they are found to have made deliberately false or malicious statements.
Members of staff who consider that the above informal resolution options have been ineffective or are not appropriate may use the reporting channels set out in Article 0.4bis.2.1.
0.4bis.1a.3.   Interim support measures

Without prejudice to the procedure safeguarding protection against retaliation, members of staff may submit a request for interim support measures to the Director General Human Resources or their Deputy, in particular where they consider they have been the target of inappropriate behaviour. Interim support measures shall be without prejudice to any final decision about whether an alleged behaviour took place and whether it constituted a breach of professional duties.
In reaching a decision on whether or not to put interim support measures in place, the Director General Human Resources or their Deputy shall take into consideration, in particular, the balance between the protection of the member of staff making the request, the interest of the service and the preservation of the legitimate interests of other persons concerned.
Such measures shall be decided upon by the Director General Human Resources or their Deputy and shall be adopted by the responsible authority under the applicable ECB legal framework. Any person subject to an interim support measure shall be heard before that measure is taken, unless there are overriding reasons of urgency, in which case the hearing shall be conducted as soon as reasonably possible.
0.4bis.2.   Reporting and whistleblowing tool









0.4bis.2.1.


Without prejudice to the provisions on the reporting of fraud, corruption and any other illegal activities affecting the financial interests of the Union covered by Decision (EU) 2016/456 (ECB/2016/3), members of staff may report information on breaches in any of the following ways:






(a)


to a manager in their reporting line;










(b)


to a manager in charge of administrative investigations in the Directorate Internal Audit who shall then report the information to the Director Internal Audit;










(c)


directly to the Director Internal Audit;










(d)


through the internal reporting platform set up for this purpose by the ECB (‘the whistleblowing tool’).
















0.4bis.2.2.


When reporting information on breaches through the whistleblowing tool, whistleblowers may choose to report anonymously or to indicate their identity.












0.4bis.2.3.


Managers shall provide swift and appropriate follow-up to potential breaches brought to their attention under Article 0.4bis.2.1, point (a), and to potential breaches of which they otherwise become aware. They shall seek to handle the potential breach effectively if it falls within their managerial competence.
Where immediate managerial action is not appropriate or is unsuccessful, managers other than the Head of Business Area shall without undue delay report all relevant facts they are aware of to their Head of Business Area.
If a Head of Business Area becomes aware of a potential breach that relates to their business area and can be handled effectively within their managerial competence, they shall take swift and appropriate action. Where managerial action is not appropriate or is unsuccessful, the Head of Business Area shall without undue delay report all relevant facts they are aware of to the Director Internal Audit.
Where a manager, including a Head of Business Area, becomes aware of a potential breach that relates to the managerial competence of another business area, they shall report it without undue delay to the Head of that business area.
If a manager other than the Head of Business Area reasonably perceives that their Head of Business Area or the head of the business area under whose competence the breach falls could have a conflict of interest related to the potential breach, they may report in writing directly to the Director Internal Audit, explaining the nature of the conflict of interest. If the Head of Business Area reasonably perceives that the Director Internal Audit could have a conflict of interest related to the potential breach, they may report in writing directly to the President, explaining the nature of the conflict of interest.
Any report under this Article shall include a description of any managerial action undertaken to handle the potential breach. The relevant line manager to whom the report of information on a breach was made shall inform the whistleblower without undue delay as to whether they handled the potential breach by managerial action or referred it to the Head of another Business Area, the Director Internal Audit or the President.












0.4bis.2.4.


Members of staff are obliged to report possible illegal activities affecting the Union’s financial interests, including fraud or corruption, covered by Decision (EU) 2016/456 (ECB/2016/3). Members of staff may use the whistleblowing tool as an alternative reporting channel to discharge their obligation to report under Decision (EU) 2016/456 (ECB/2016/3).












0.4bis.2.5.


The recipient of a report of information on breaches made through the reporting channels set out in Article 0.4bis.2.1(b) to (d), or in Article 3(1) of Decision (EU) 2016/456 (ECB/2016/3), or forwarded to the Director Internal Audit or the President under Article 0.4bis.2.3 shall acknowledge receipt of such report within seven calendar days to the whistleblower. If the report of information concerns a potential breach that significantly affects the public interest, the authority with responsibility for the investigative process shall provide the whistleblower with feedback on the action envisaged or taken as follow-up with a view to investigating the potential breach and on the grounds for such follow-up within three months of acknowledgment of receipt of the report or, if no acknowledgement was given, within three months and seven calendar days of receiving the report, to the extent that this does not harm the administrative investigation.




0.4bis.3.   Assessment of and follow up on information on breaches reported through the whistleblowing tool









0.4bis.3.1.


For reports of information on breaches received through the whistleblowing tool, the competent authority shall be:






(a)


the Director Internal Audit, except for reports falling under (b) or (c);










(b)


the President, where the person concerned, or any of the persons concerned, is the Director Internal Audit;










(c)


the competent authority designated by the Governing Council, where the person concerned, or any of the persons concerned, is one of the high-level ECB officials.
















0.4bis.3.2.


[deleted]












0.4bis.3.3.


Reports of information on breaches received through the whistleblowing tool shall be followed up in accordance with Annex XI to the Staff Rules.
Notwithstanding the first paragraph, the procedure for assessment and follow-up on information on breaches reported through the whistleblowing tool where the person concerned, or any of the persons concerned, is one of the high-level ECB officials is set out in a specific decision of the Governing Council.




0.4bis.4.   Protection against retaliation









0.4bis.4.1.


The ECB shall protect whistleblowers and witnesses by protecting their identity and protecting them against retaliation.












0.4bis.4.2.


Whistleblowers shall qualify for protection under this Article provided that they had reasonable grounds to believe, in the light of the circumstances and the information available to them at the time of their reporting, that the information on breaches reported by them was true and related to a potential breach.




In application of the first paragraph, whistleblowers shall in particular:






(a)


not benefit from any protection when the information on breaches reported consists of any of the following which have been deliberately or knowingly reported: false or misleading information, information that is at the time of the reporting available in the public domain, unsubstantiated rumours or hearsay;










(b)


not lose protection where the information on breaches reported is inaccurate by honest mistake.












0.4bis.4.3.


Subject to Article 0.4bis.4.2, a whistleblower who made information on breaches available in the public domain shall






(a)


qualify for protection and not be held liable by the ECB for breach of professional secrecy requirements provided that:






(i)


the potential breach significantly affects the public interest and the whistleblower, after having reported the information on the potential breach to the ECB in accordance with Article 0.4bis.2.1 or Article 3(1) of Decision (EU) 2016/456 (ECB/2016/3), had not received feedback in accordance with Article 0.4bis.2.5 within the timeframe specified therein, or










(ii)


the whistleblower has reasonable grounds to believe that the potential breach may constitute an imminent or manifest danger to the public interest, such as where there is an emergency situation or a risk of irreversible damage;














(b)


not qualify for protection where the disclosed information includes:






(i)


information labelled ECB-SECRET or ECB-MARKET SENSITIVE;










(ii)


confidential information on the deliberations of the ECB’s decision-making bodies, the Supervisory Board, or other bodies established pursuant to Council Regulation (EU) No 1024/2013 (4), where such deliberations concern monetary policy, foreign exchange operations, the euro area’s foreign currency reserves, payment systems, financial stability, banking supervision, banknotes or statistics;










(iii)


confidential information which is subject to medical professional secrecy obligations as provided for under national and Union law;










(iv)


confidential information concerning the integrity or security of euro banknotes;










(v)


confidential information concerning the physical and digital security of the ECB, its premises, members of staff, high-level officials, or public security;










(vi)


confidential information on the security of the financial market infrastructures, payment schemes or payment service providers.








In any other cases, public disclosures are not protected if the information disclosed is not necessary for the purpose of revealing the breach.




0.4bis.5.   Protection of identity









0.4bis.5.1.


The identity of whistleblowers and witnesses shall be classified as ‘ECB-CONFIDENTIAL and Personal’.
The identity of whistleblowers shall not be disclosed to anyone beyond the authorised persons competent to receive or follow up on potential breaches, without the explicit consent of the whistleblower. However, the identity of the whistleblower may be disclosed where this is a necessary and proportionate obligation imposed by Union or national law in the context of investigations by the OLAF, the European Public Prosecutor’s Office (EPPO) or national authorities or in the context of judicial proceedings, including with a view to safeguarding the rights of defence of the person concerned. This also applies to any other information from which the identity of the whistleblower may be directly or indirectly deduced.












0.4bis.5.2.


Disclosures made pursuant to the derogation provided for in Article 0.4bis5.1, second sentence, shall be subject to appropriate safeguards under the applicable Union law. In particular, whistleblowers shall be informed before their identity is disclosed, unless such information would hinder the related investigations or judicial proceedings. When informing the whistleblower, the authorised persons competent to receive or follow-up on breaches shall send them an explanation in writing of the reasons for the disclosure of the confidential data concerned.




0.4bis.6.   Protection against retaliation









0.4bis.6.1.


Retaliation against whistleblowers and witnesses constitutes a breach and shall be subject to appropriate measures including, if necessary, disciplinary measures against the retaliator.




0.4bis.7.   Procedure for requesting protection against retaliation









0.4bis.7.1.


Whistleblowers and witnesses may submit a request for protection from retaliation to the Chief Compliance and Governance Officer together with any relevant documents or information supporting their request. The request shall be submitted within 24 months from the time of the occurrence of the act or omission alleged to be retaliation.












0.4bis.7.2.


Such request shall not shield the requester from accountability for their own involvement, where applicable, in the breach that was reported by them or in respect of which they are a witness.












0.4bis.7.3.


The Chief Compliance and Governance Officer shall handle such requests in strict confidence and the identity of the requester shall be protected in accordance with Article 0.4bis.5.1.
The Chief Compliance and Governance Officer shall seek the consent of the member of staff who submitted the request for protection prior to engaging with the member of staff’s senior management or with the Directorate General Human Resources with a view to considering protection measures.












0.4bis.7.4.


Upon receipt of the request for protection from retaliation, the Chief Compliance and Governance Officer shall, without undue delay:






(a)


acknowledge receipt, and










(b)


check whether the request for protection fulfils the following conditions:






(i)


the requester is a whistleblower qualifying for protection under the conditions specified in Article 0.4bis.4.2 or a witness; and










(ii)


the alleged retaliatory act or omission has occurred; and










(iii)


the alleged retaliatory act or omission that has occurred was or may have been prompted by the whistleblowing or by any witness statement given in the context of an investigative process or disciplinary proceedings.




















0.4bis.7.5.


If the Chief Compliance and Governance Officer concludes that:






(a)


the request for protection does not fulfil the conditions specified in Article 0.4bis.7.4 (b), they shall inform the requester in writing accordingly;










(b)


the request for protection fulfils the conditions specified in Article 0.4bis.7.4 (b), they






(i)


may recommend interim protective measures in accordance with Article 0.4bis.8;










(ii)


shall perform an assessment as to whether there is a need for protection, including, if necessary, by forwarding the matter to the competent body or business area(s) with responsibility for investigations that should then carry out the investigations in accordance with applicable rules and submit the outcome of the investigations to the Chief Compliance and Governance Officer. In this context, the ECB shall bear the burden of proof for establishing that the reported act or omission did not constitute retaliation;










(iii)


shall notify the requester in writing accordingly.




















0.4bis.7.6.


If the Chief Compliance and Governance Officer, after having performed the assessment referred to in Article 0.4bis.7.5(b)(ii), concludes that:






(a)


there is no need for protection, they shall inform the requester in writing accordingly;










(b)


there is a need for protection, they may recommend the following measures as a follow-up:






(i)


after consulting the requester and in accordance with Article 0.4bis.8, measures correcting detriment suffered as a result of the retaliation (‘corrective measures’) and measures protecting the requester from any further retaliation (‘protective measures’); and










(ii)


as the case may be, any appropriate measures against the retaliator including, if necessary, disciplinary measures.




















0.4bis.7.7.


Where the Chief Compliance and Governance Officer is of the opinion that there is a conflict of interest in reviewing a request for protection against retaliation, they shall refer the matter to the Chief Services Officer to designate who shall follow up on such request in accordance with the above procedure.












0.4bis.7.8.


If a manager or the Director Internal Audit, following receipt of information on breaches in accordance with Article 0.4bis.2.1, or a member of staff involved in carrying out an investigative process pursuant to Annex XI, identifies a risk of retaliation against the whistleblower or a witness in the case, they shall, with the consent of the person who is considered to be at risk of retaliation, inform the Chief Compliance and Governance Officer without undue delay.
When informed of such risk of retaliation, the Chief Compliance and Governance Officer shall consult the whistleblower or witness concerned on recommendations of appropriate preventative action in line with Article 0.4bis.8. With the whistleblower’s or witness’s consent, the Chief Compliance and Governance Officer may engage with the member of staff’s senior management and with the Directorate General Human Resources to determine the appropriate preventative action to be recommended.




0.4bis.8.   Interim protective measures and corrective measures









0.4bis.8.1.


The Chief Compliance and Governance Officer may recommend measures that are necessary and appropriate to protect the whistleblower or the witness against retaliation or the risk of retaliation. Such measures may include interim protective measures and corrective measures to be adopted by the responsible authority under the applicable ECB legal framework.












0.4bis.8.2.


At any point in time, the Chief Compliance and Governance Officer may recommend, with the consent of the whistleblower or witness, a monitoring of his or her workplace situation by the Directorate General Human Resources.












0.4bis.8.3.


The Chief Compliance and Governance Officer may request addressees of their recommendations to report back on their implementation of the recommendations. If the Chief Compliance and Governance Officer is not satisfied with the follow-up given to their recommendations, they may inform the President accordingly.




0.4bis.9.   Reporting on whistleblowing

The ECB may report on whistleblowing in abridged or aggregated form, such that individual persons cannot be identified.
0.5.   [deleted]
0.6.   Use of ECB resources

Members of staff shall respect and protect ECB property. All equipment and facilities, whatever their nature, are provided by the ECB for official use only, unless private use is permitted either according to the relevant internal rules in the Business Rulebook or under special authorisation by the Director General Human Resources or their Deputy. Members of staff shall take all reasonable and appropriate measures to limit costs, so that the available resources can be used most efficiently.
0.7.   Implementation









0.7.1.


Without prejudice to Article 0.4.2, the Compliance and Governance Office, together with the Director General Human Resources or their Deputy, may issue guidelines on the interpretation and application of the ethics framework.












0.7.2.


Members of staff may request the Compliance and Governance Office, or the Director General Human Resources or their Deputy in cases where they are competent to decide, to provide guidance on any matter related to their compliance with the ethics framework. Staff conduct that fully complies with the advice given by the Compliance and Governance Office or the Directorate General Human Resources shall be presumed to comply with the ethics framework and shall not give rise to any disciplinary procedure. Such advice shall not, however, release staff from any liabilities under national law.






(1)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj).

(2)  Code of Conduct for high-level European Central Bank Officials (2019/C 89/03) (OJ C 89, 8.3.2019, p. 2).

(3)  Decision (EU) 2016/456 of the European Central Bank of 4 March 2016 concerning the terms and conditions for European Anti-Fraud Office investigations of the European Central Bank, in relation to the prevention of fraud, corruption and any other illegal activities affecting the financial interests of the Union (ECB/2016/3) (OJ L 79, 30.3.2016, p. 34, ELI: http://data.europa.eu/eli/dec/2016/456/oj).

(4)  Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ L 287, 29.10.2013, p. 63, ELI: http://data.europa.eu/eli/reg/2013/1024/oj).


ELI: http://data.europa.eu/eli/C/2026/1049/oj
ISSN 1977-091X (electronic edition)