Decision (EU) 2019/1378 of the European Central BankShow full title

Article 1 Amendments

Decision ECB/2014/16 is amended as follows:

1.

Article 3 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1. The Administrative Board shall be composed of five members who shall be replaced by two alternates under the conditions laid down in paragraphs 3 and 4.’;

(b)

paragraph 3 is replaced by the following:

‘3. An alternate shall temporarily replace a member of the Administrative Board in case of temporary incapacity. In the context of a particular request for review, an alternate shall temporarily replace a member of the Administrative Board in the following cases:

(a) in any situation which may raise conflict of interest concerns as defined in Article 11.1 of the Code of Conduct for high-level European Central Bank Officials(1);

(b) the member is unavailable for justified reasons.’;

(c)

the following paragraphs 4 and 5 are added:

‘4. An alternate shall permanently replace a member of the Administrative Board in case of permanent incapacity, death, resignation or removal from office. In this case, they shall cease to be an alternate and they shall be designated as members of the Administrative Board by the Governing Council. An alternate shall be appointed in their place, in accordance with the procedure laid down under Article 4.

5. The alternates shall fully participate in the review proceedings, either temporarily replacing the members of the Administrative Board or as observers.’;

2.

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

‘3. The term of office of the members of the Administrative Board and of the two alternates shall be five years, renewable once. In the event that an alternate permanently replaces a member of the Administrative Board under the conditions laid down in Article 3(4),such replacement shall not be considered a new appointment or renewal, and their mandate shall be considered to have started at the date of their appointment as an alternate.’;

3.

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 promptly send a confirmation of receipt to the applicant stating whether the notice of review is complete.’;

4.

in Article 16, paragraph 1 is replaced by the following:

‘1. The Administrative Board shall adopt an opinion on the review within a time period appropriate to the urgency of the matter and not later than two months from the date of receipt of the complete notice of review, containing all the documentation required to be submitted in accordance with Article 7(4), the receipt of which is confirmed in accordance with Article 7(5).’;

5.

in Article 17, paragraph 2 is replaced by the following:

‘2. The Supervisory Board's new draft decision replacing the initial decision with a decision of identical content or abrogating or amending the initial decision shall be submitted to the Governing Council within 30 working days following receipt of the Administrative Board's opinion.’;

6.

Article 21 is amended as follows:

(a)

paragraphs 3 and 4 are deleted;

(b)

paragraph 5 is replaced by the following:

‘5. The Governing Council shall decide on the apportionment of costs in accordance with the procedure laid down in Article 13g.2 of the Rules of Procedure of the European Central Bank, on the basis of the methodology for the apportionment of costs set out in the Annex to this Decision.’;

7.

the text set out in the Annex to this Decision is added as an Annex to Decision ECB/2014/16.

(1)

OJ C 89, 8.3.2019, p. 2.’;