Decision (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)

• CELEX: Decision (EU) 2020/1575
• Articles: 4

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

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)  ( 3 ) 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 inquiries  ( 4 ) .

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.

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 .