LegalizeDecision (EU) 2020/1575 of the European Central Bank of 27 October 2020 as regards the assessment of and follow-up on information on breaches reported through the whistleblowing tool where a person concerned is a high-level ECB official (ECB/2020/54)
Article 1
Definitions
Unless otherwise provided, the terms used in this Decision have the same meaning as those defined in the ethics framework of the ECB.
Article 2
Competent authority
Where reports of information on breaches received through the whistleblowing tool refer to a high-level ECB official as a person to whom a breach is attributed or with whom that person is associated, the competent authority to assess such reports and give feedback to the whistleblower, and/or to follow up on such reports, shall be:
- (a) the President; or
- (b) where the high-level ECB official referred to in the report is the President, the Vice-President.
Article 3
Procedure for assessment and follow-up
Reports of information on breaches received through any of the reporting channels referred to in Article 0.4bis.2.1 of the European Central Bank Staff Rules (hereinafter the ‘Staff Rules’) which refer to a high-level ECB official as a person to whom a breach is attributed or with whom that person is associated shall be followed up in accordance with Decision (EU) 2016/456 of the European Central Bank (ECB/2016/3) ([^E0001]) where such reports fall within the scope of that Decision.
Where the reports of information on breaches referred to in paragraph 1 do not fall within the scope of Decision (EU) 2016/456 (ECB/2016/3), they shall be followed up in accordance with Annex XI to the Staff Rules.
Notwithstanding paragraph 2, the competent authority designated under Article 2 may:
- (a) prior to concluding whether or not the information received justifies an administrative investigation, forward the information received to the ECB’s Ethics Committee for its advice on the matter;
- (b) if they conclude that the information received justifies an administrative investigation, decide to open one, and take the relevant decisions of the appointing authority in accordance with Annex XI of the Staff Rules, and also exceptionally decide to carry out the tasks of the Director Internal Audit in accordance with Annex XI of the Staff Rules, designating in this case investigators with adequate seniority to conduct the inquiry.
Article 4
Entry into force
This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
[^E0001]: 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).
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