Decision (EU) 2016/21 of the European Central BankShow full title

Article 1 Amendments to Decision ECB/2008/17

Decision ECB/2008/17 is amended as follows:

1.

Article 2 paragraph 3 is replaced by the following:

‘3. This Decision is without prejudice to Guideline (EU) 2015/280 of the European Central Bank(1).’;

2.

in Article 3, paragraph 1 is replaced by the following:

‘1. EPCO shall carry out all of the following basic tasks:

(a) identify potential cases for joint procurement that fall within or outside the scope of this Decision on the basis of procurement needs that central banks address to EPCO;

(b) prepare and update as necessary an annual procurement plan for joint tender procedures based on an assessment under point (a);

(c) prepare common requirements in cooperation with the central banks participating in a joint tender procedure;

(d) support the central banks in joint tender procedures;

(e) support the central banks in procurement relating to common projects of the European System of Central Banks, if so requested by the central bank(s) leading the project;

EPCO may also carry out tasks other than those specified above, notably to facilitate the adoption of best procurement practices within the Eurosystem and to develop the infrastructure (e.g. skills, functional tools, information systems, processes) required for joint procurement.’;

3.

in Article 3, paragraph 4 is replaced by the following:

‘4. The central banks shall finance EPCO's budget in accordance with the rules adopted by the Governing Council, which may be based on a financial envelope covering several years or an annual budget proposal, and may include incentives to promote leading joint procurement projects.’;

4.

in Article 3, paragraph 7 is replaced by the following:

‘7. The EPCO Steering Committee shall conduct an effectiveness and efficiency evaluation of EPCO's activities in due course before the end of its mandate. Based on this evaluation, the Governing Council shall decide if it is necessary to conduct a selection procedure to choose a new hosting central bank.’;

5.

in Article 4, paragraph 2 is replaced by the following:

‘2. After having identified a potential case for a joint procurement, EPCO shall invite the central banks to participate in a joint tender procedure. The central banks shall inform EPCO in good time whether they intend to participate in the joint tender procedure and, if so, communicate their business requirements to EPCO. Where publication of a contract notice is not required, a central bank may withdraw from participating in a joint procurement until it formally commits to participate. Where publication of a contract notice is required, a central bank may withdraw from participation at any time before publication of the contract notice.’;

6.

in Article 4, paragraph 3 is replaced by the following:

‘3. Each year EPCO shall submit an updated procurement plan for joint tender procedures, including the names of the leading central banks, to the Governing Council for approval. The Governing Council shall make its decision on the procurement plan and its implementation following consultation with the EPCO Steering Committee.’;

7.

Article 5 is replaced by the following:

‘Article 5 Participation of other institutions

The Governing Council may invite the national central banks of the Member States that have not yet adopted the euro to participate in EPCO's activities and joint tender procedures under the same conditions as those applying to central banks of the Eurosystem. In addition, the Governing Council may invite national authorities of Member States, Union institutions and bodies, or international organisations to participate in EPCO's activities and joint tender procedures under the conditions laid down by the Governing Council in the invitation. Any such invitation shall be limited to the joint procurement of goods and services for fulfilling needs common to the central banks and the invited entities and the conditions shall be similar to those that apply to the central banks of the Eurosystem.’.

Article 2 Final provisions

This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

Done at Frankfurt am Main, 23 December 2015.

The President of the ECB

Mario Draghi