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Article 3 Procedure for assessment and follow-up

United Kingdom

Original text. Later amendments are not shown.

1.

Reports of information on breaches received through the whistleblowing tool 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)f1 where such reports fall within the scope of that Decision.

2.

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 Administrative Circular 01/2006 on internal administrative inquiriesf2.

3.

Notwithstanding paragraph 2, the competent authority designated under Article 2 may:

(a)

prior to concluding whether or not the information received justifies an internal inquiry, 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 internal administrative inquiry, decide, in derogation from Article 4(1) to (4) of Administrative Circular 01/2006, to directly open an administrative inquiry, and take the relevant decision in accordance with Article 4(5) and (6) of Administrative Circular 01/2006, including the possibility that the competent authority designated under Article 2 exceptionally decides to carry out the administrative inquiry themself, designating in this case either an individual or a panel, with adequate seniority, to conduct the inquiry.

Annotations

Footnotes

f1

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).

f2

Administrative Circular 01/2006 was adopted on 21 March 2006 and is available on the ECB’s website.