Decision ECB/2014/16 is amended as follows:
(1)
in Article 3, paragraph 4 is replaced by the following:
‘4. In case of permanent incapacity, death, resignation or removal from office of a member of the Administrative Board, the Governing Council shall (a) designate one alternate as a member of the Administrative Board and appoint an alternate in that alternate’s place, or (b) appoint a new member of the Administrative Board. Any appointment made pursuant to this paragraph shall be made in accordance with the procedure laid down in Article 4(2).’
;
(2)
in Article 4, paragraph 2 is replaced by the following:
‘2. Following a public call for expressions of interest published in the Official Journal of the European Union , the Executive Board, after hearing the Supervisory Board, shall submit nominations for the members of the Administrative Board and the two alternates to the Governing Council for appointment.’
;
(3)
in Article 7, paragraph 4 is replaced by the following:
‘4. The notice of review shall: (a) state the grounds on which it is based; (b) if an application is made for the review to have suspensory effect, state the grounds of such application; and (c) have attached to it copies of any documents on which the applicant intends to rely. The notice of review should have attached to it the contested decision and, if the notice of review exceeds 10 pages, it should include a summary of the grounds and documents specified in points (a) to (c).’
;
(4)
in Article 7, paragraph 5 is replaced by the following:
‘5. The notice of review shall clearly indicate the applicant’s full contact details so that the Secretary may send communications to the applicant or its representative as the case may be. The Secretary shall send a confirmation of receipt to the applicant within three working days stating whether the notice of review is complete. Where the notice of review is incomplete, the Secretary shall set a time limit of a maximum of five working days within which the applicant shall complete the notice of review.
Where, in the view of the Administrative Board, the applicant fails to complete the notice of review within the set time limit, the Secretary shall notify the applicant within ten working days from the expiry of that set time limit that the administrative review procedure could not be initiated because the applicant did not complete the notice of review. The notification shall state that under Article 24(11) of Regulation (EU) No 1024/2013 the administrative review procedure is without prejudice to the right to bring proceedings before the Court of Justice in accordance with the Treaties. Where the administrative review procedure is not initiated due to the absence of a complete notice of review, an opinion on the review shall not be adopted.’
;
(5)
in Article 10, paragraph 2 is replaced by the following:
‘2. The Administrative Board’s review shall be limited to examination of the grounds relied on by the applicant as set out in the notice of review and to examination of breaches of essential procedural requirements.’
;
(6)
Article 11 is replaced by the following:
‘Article 11
Admissibility of the request for review
1. Before examining the procedural and substantive conformity of an ECB decision with Regulation (EU) No 1024/2013, the Administrative Board shall determine the admissibility of the request for review.
2. If the Administrative Board deems the request for review manifestly inadmissible, it may declare the request for review inadmissible within 10 working days from the receipt of the complete notice of review. The Administrative Board shall state the reasons on which that assessment is based.
3. Where the Administrative Board declares that the request for review is inadmissible in accordance with paragraph 2, the Secretary shall notify the applicant immediately. The notification shall state that under Article 24(11) of Regulation (EU) No 1024/2013 the administrative review procedure is without prejudice to the right to bring proceedings before the Court of Justice in accordance with the Treaties. Where the request for review is declared inadmissible in accordance with paragraph 2, an opinion on the review shall not be adopted.
4. Where paragraph 2 does not apply, the Administrative Board shall rule on the admissibility of the request for review in the opinion on the review it adopts pursuant to Article 16. In this case, the Secretary shall notify the applicant within 10 working days from the receipt of the complete notice of review that the Administrative Board shall rule on the admissibility of the request for review in the opinion on the review.
5. A notice of review filed in respect of a new decision of the Governing Council as referred to in Article 24(7) of Regulation (EU) No 1024/2013 shall not be admissible.’
;
(7)
in Article 14, paragraph 3 is replaced by the following:
‘3. The hearing shall take place at the ECB’s premises or via videoconference. The Secretary shall be present. The hearing shall not be open to third parties.’
;
(8)
in Article 17, paragraph 1 is replaced by the following:
‘1. The Supervisory Board shall assess the Administrative Board’s opinion and propose a new draft decision to the Governing Council. The Supervisory Board’s assessment shall not be limited to examination of the grounds relied upon by the applicant as set forth in the notice of review, but may also take other elements into account in its proposal for a new draft decision. Where the internal administrative review is not initiated due to the absence of a complete notice of review in accordance with Article 7(4) or where the Administrative Board declares the request for review inadmissible in accordance with Article 11(2), the Supervisory Board shall not propose a new draft decision to the Governing Council.’
;
(9)
in Article 21, paragraph 2 is replaced by the following:
‘2. After notification of the new decision by the Governing Council or after the applicant has withdrawn the notice of review or after the Administrative Board has declared the request for review inadmissible, the Supervisory Board shall propose the proportion of costs to be borne by the applicant. The applicant shall be entitled to make representations in this regard.’
;
(10)
the Annex is replaced by the Annex to this Decision.