Decisions to publish sanctions for failure to hold minimum reserves shall be adopted pursuant to the delegation of powers laid down in Article 1 where the following criteria are met:
(a)
the undertaking concerned has objected to the publication of a sanction for the failure to hold minimum reserves, but not to the sanction itself;
(b)
the objections to publication raised by the undertaking concerned and the ECB’s technical and legal assessment of these objections are similar to those that underlie previous decisions on the publication of sanctions for the failure to hold minimum reserves that have been taken by the Executive Board;
(c)
the technical and legal assessment mentioned in point (b) that underlies the decision is that none of the exceptions provided for in Article 9(1) of Regulation (EC) No 2157/1999 (ECB/1999/4) apply and that the sanction should be published;
(d)
the competent national central bank that, acting on behalf of the Executive Board, has notified the undertaking concerned of the alleged failure to hold minimum reserves and of the corresponding sanction, agrees with the assessment referred to in point (c).
