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Article 15 ECB decisions on non-compliance

United Kingdom

Original text. Later amendments are not shown.

1.

In the event of an instance of non-compliance by an accredited manufacturer, the ECB may take any of the decisions referred to in Articles 16 to 19. These decisions shall include all of the following:

(a)

the instance of non-compliance and any comments provided by the accredited manufacturer, where applicable;

(b)

the manufacturing site, the euro secure item and/or euro item and the euro secure item activity and/or euro item activity to which the decision relates;

(c)

the date on which the decision will become effective and, if applicable, one or both of the following:

  1. (i)

    the date on which the decision will expire;

  2. (ii)

    the circumstances under which the decision will expire;

(d)

the time limit for remedying the non-compliance, where applicable;

(e)

the reasons for the decision.

2.

A decision shall be proportionate to the seriousness of a relevant instance of non-compliance and shall take into account all of the following:

(a)

the track record of the accredited manufacturer as regards the occurrences and corrections of any other instances of non-compliance;

(b)

all relevant explanations provided by the accredited manufacturer regarding the relevant instance of non-compliance;

(c)

a description of how the accredited manufacturer remedied, or intends to remedy, the relevant instance of non-compliance.

3.

When defining time limits, the ECB shall ensure that the time limits are proportionate to the seriousness of a relevant instance of non-compliance.

4.

The ECB shall inform the relevant accredited manufacturer in writing of the decision it has taken.

5.

The ECB may inform the NCBs and other relevant accredited manufacturers of any decision taken pursuant to Articles 16 to 19, e.g. by means of the accreditation register or in writing. The information provided by the ECB may include the identity of the accredited manufacturer, the type and nature of the non-compliance and the validity of the decision, where applicable.