Decision of the European Central Bank of 15 May 2008 on security accreditation procedures for manufacturers of euro secure items for euro banknotes (ECB/2008/3) (2008/402/EC) (repealed)

SECTION IV FOLLOW-UP SECURITY INSPECTIONS

Article 9 Procedure for follow-up security inspections

1. The ECB shall carry out follow-up security inspections of accredited manufacturing sites following the grant of full or temporary security accreditation to a manufacturer.

2. Such follow-up security inspections may be carried out with or without notice. They shall be carried out on working days between 8:00 and 18:00 local time, unless a different time has been agreed with the manufacturer. In the case of inspections with notice, the ECB shall notify the manufacturer of the timing of the inspection and submit a pre-inspection questionnaire to the manufacturer at least 30 ECB working days before the inspection. The manufacturer shall fill in and return such questionnaire to the ECB at least 10 ECB working days before the inspection.

3. Article 6(2) to (4) and all of Article 6(5) except subparagraph (e) shall apply, mutatis mutandis, to such follow-up security inspections. In addition, the security inspection team’s report shall contain details of the security inspection team’s assessment of whether full or temporary security accreditation should continue to apply, or whether the ECB should take any of the decisions referred to in Articles 12 to 14. If the security inspection team considers that Article 15 should apply, its report shall state the reasons for this as shall the letter from the ECB referred to in Article 6(4). The security inspection team’s proposals in relation to such measures shall be proportionate to the seriousness of the instance of non-compliance.

4. A draft report shall be sent to the manufacturer within 30 ECB working days from the date of completion of the follow-up security inspection. The manufacturer shall have 15 ECB working days from receipt of the draft report to provide its comments on such report. The ECB shall finalise the report before informing the manufacturer of the outcome of the follow-up security inspection pursuant to Article 10, taking into account the manufacturer’s comments.

Article 10 Outcome of follow-up security inspections

1. If the report referred to in Article 9 concludes that there are no instances of non-compliance, the security inspection team shall inform the manufacturer of the positive conclusion of the follow-up security inspection.

2. If the report referred to in Article 9 identifies an instance of non-compliance that the security inspection team deems not to present an immediate and serious threat to the integrity of euro banknotes or their components, then the manufacturer’s full or temporary security accreditation shall remain unaffected.

3. In a case pursuant to paragraph 2, the security inspection team shall inform the manufacturer:

(a) of the instance of non-compliance;

(b) of the fact that, for the moment, the ECB does not intend to take any of the decisions set out in Articles 12 to 15; and

(c) that it must remedy the instance of non-compliance within a time limit that is proportionate to the seriousness of the instance of non-compliance.

4. If the report referred to in Article 9 identifies an instance of non-compliance that requires the ECB to take one of the decisions set out in Articles 12 to 15, the ECB shall take such decision in accordance with the procedure and time limit laid down in Article 11.

5. In relation to the situations set out in paragraphs 1 to 3, the time limit for the security inspection team to inform the manufacturer of the outcome of the follow-up security inspection in writing shall be 20 ECB working days from the receipt of the manufacturer’s comments on the draft report referred to in Article 9(4), or expiry of the time limit for providing such comments pursuant to that paragraph. The security inspection team shall attach the finalised report to its communication to the manufacturer.