Amendments to Decision (EU) 2016/456 (ECB/2016/3)
Article 1
Decision (EU) 2016/456 (ECB/2016/3) is amended as follows: (1) Article 1 is replaced by the following: ‘Article 1 Scope of application This Decision applies to: — members of the ECB’s decision-making bodies or any other body established by Regulation (EU) No 1024/2013 or by the ECB, in matters related to their function as members of these ECB decision-making bodies or other bodies, — members of the governing bodies or any member of staff of the national central banks or national competent authorities, who participate in the ECB’s decision-making bodies or other bodies as alternates and/or accompanying persons in matters related to that function (hereinafter jointly referred to as “participants in the decision-making and other bodies”), and — permanent or temporary ECB members of staff, who are subject to the ECB conditions of employment, and — persons participating in the exercise of the functions of the ECB, other than participants in the decision-making bodies and other bodies or permanent or temporary ECB members of staff, in matters related to their participation in the exercise of the functions of the ECB (hereinafter jointly referred to as “relevant persons”).’ ; (2) Article 3 is replaced by the following: ‘Article 3 Duty to report any information about illegal activity 1. Relevant persons who become aware of information that gives rise to a suspicion of the existence of possible cases of fraud, corruption or any other illegal activity affecting the Union’s financial interests shall without delay provide such information to either (a) the Director Internal Audit, or (b) the senior manager in charge of their business area, or (c) the member of the Executive Board to whom their business area reports. Where the information is provided to the persons referred to in point (b) or (c), they shall without delay transmit the information to the Director Internal Audit. Relevant persons must in no way suffer inequitable or discriminatory treatment as a result of having communicated the information referred to in this Article. 2. When the Director Internal Audit receives information in accordance with paragraph 1, they shall follow up as follows: (a) If the information refers to any participant in the decision-making and other bodies as a person to whom a breach is attributed or with whom that person is associated, the Director Internal Audit shall transmit the information without delay to the Director-General Secretariat. (b) In all other cases, the Director Internal Audit shall, subject to Article 4 and following the outcome of a preliminary assessment in accordance with the ECB’s internal investigation framework, transmit the information received without delay to the Office and inform, where appropriate, the President. 3. When the Director-General Secretariat receives information in accordance with paragraph 2, the Director-General Secretariat shall, subject to Article 4, transmit it without delay to the Office and inform the Director Internal Audit and, where appropriate, the President. 4. Participants in the decision-making and other bodies who become aware of information as referred to in paragraph 1 shall without delay provide the Director-General Secretariat or the President with such information. If the President receives the information, the President shall transmit the information without delay to the Director-General Secretariat. The Director-General Secretariat shall initiate the appropriate follow-up according to the criteria and in compliance with the provisions laid down in paragraphs 2 and 3, thereby also ensuring that in all cases that do not relate to any participant in the decision-making and other bodies as a person to whom a breach is attributed or with whom that person is associated, the information received is transmitted without delay to the Director Internal Audit. 5. In cases in which a participant in the decision-making and other bodies or a relevant person has concrete information supporting the possible existence of a case of fraud, corruption or any other illegal activity within the meaning of paragraph 1, and, at the same time, has justified reasons to consider that the procedure provided for in the above paragraphs would prevent in that specific case the proper reporting of such information to the Office, they may report such information directly to the Office without being subject to Article 4.’ .