Decision (EU) 2020/637 of the European Central BankDangos y teitl llawn

Article 1 U.K. Definitions

For the purposes of this Decision:

(1)

‘origination’ means the transformation of the basic design of the euro banknotes into layouts, colour separation, line work and printing plates and the preparation of layouts and prototypes for components proposed in those basic designs;

(2)

‘manufacturer’ means a legal entity that may have the capability to perform a euro secure item activity or a euro item activity, with the exception of legal entities that are only involved in the transport or destruction of euro secure items;

(3)

‘euro secure item activity’ means any of the following: the origination, production, processing, destruction, storage, analysis, internal movement of euro secure items within a manufacturing site or the transport of euro secure items;

(4)

‘euro item activity’ means the production of euro items;

(5)

‘manufacturing site’ means premises that a manufacturer uses or may use for performing a euro secure item activity or a euro item activity;

(6)

‘euro secure item’ means any of the following: (a) a finished euro banknote; (b) a partly printed euro banknote; (c) finished euro banknote paper; (d) partly finished euro banknote paper; (e) a security ink used to produce euro banknotes or euro banknote paper; (f) thread and foil used to produce euro banknote paper; (g) a security pigment; (h) a security sensor; (i) a euro banknote that is being developed to replace euro banknotes in circulation or withdrawn from circulation; (j) any component or related information as separately laid down by the ECB; all of which require security protection because their loss, theft or unauthorised publication could damage the integrity of euro banknotes as a means of payment;

(7)

‘euro item’ means any of the following: (a) a finished euro banknote; (b) a partly printed euro banknote; (c) finished euro banknote paper; (d) partly finished euro banknote paper; (e) an ink used to produce euro banknotes or euro banknote paper; (f) thread and foil used to produce euro banknote paper;

(8)

‘accreditation’ means the permission, granted to a manufacturer by means of an ECB decision, to perform a euro secure item activity or a euro item activity at a specific manufacturing site;

(9)

‘accredited manufacturer’ means a manufacturer that has obtained accreditation under this Decision;

(10)

‘national central bank’ (NCB) means the national central bank of a Member State whose currency is the euro;

(11)

‘responsible national central bank (NCB)’ means an NCB that has placed an order for the production of euro banknotes.

(12)

‘accreditation requirement’ means any of the requirements relating to security, quality, environment, health and safety, any ethical or any location requirements and any other obligations, either set out in this Decision or in any other related legal instrument, that the ECB requires a manufacturer to comply with in order to perform a euro secure item activity or a euro item activity;

(13)

‘ECB confidential information’ means all accreditation requirements, any related record, irrespective of its storage medium or any information consisting of proprietary technical and/or business information and that is classified as ‘ECB-Confidential’;

(14)

‘accreditation procedure’ means a procedure under which manufacturers’ compliance with accreditation requirements, as set out in this Decision, is assessed, that takes place when the manufacturers request accreditation and while they are being accredited, and which may lead to sanctions, including financial penalties, in the event of non-compliance with these requirements;

(15)

‘ethical requirement’ means any obligation set out in Article 4 of this Decision;

(16)

‘location requirement’ means any obligation set out in Article 3(1)(c) of this Decision;

(17)

‘certification’ means a document issued by an independent certification entity accredited by a national accreditation authority, whose certifications are recognised in the Member State where the manufacturer is located;

(18)

‘management system’ means the framework of policies, processes and procedures that a manufacturer establishes to ensure that the manufacturer complies with all accreditation requirements;

(19)

‘measure’ means an action carried out by a manufacturer to comply with the accreditation requirements;

(20)

‘ECB banknotes extranet’ means an IT system set up and operated by the ECB to provide information related to the accreditation requirements, which is accessible to accredited manufacturers;

(21)

‘destruction’ means an action or process to make a euro secure item of no practical use for counterfeiters;

(22)

‘controlling entity’ means any of a manufacturer’s administrative, management or supervisory body or any legal person within the meaning of Article 5(4) of Council Framework Decision 2008/841/JHA(1) that may represent, take decisions on behalf of, or exercise control over the manufacturer;

(23)

‘criminal organisation’ means a criminal organisation as defined in point (1) of Article 1 of Framework Decision 2008/841/JHA;

(24)

‘active and passive corruption’ has the same meaning as in Article 2(1) of Council Framework Decision 2003/568/JHA(2);

(25)

‘fraud’ means: (a) the use or presentation of false, incorrect or incomplete statements or documents, which has, as its effect, the misappropriation or wrongful retention of funds, non-disclosure of information in violation of a specific obligation, with the same effect, the misapplication of such funds for purposes other than those for which they were originally granted; (b) in respect of revenue, any intentional act or omission relating to the use or presentation of false, incorrect or incomplete statements or documents, which has as its effect the illegal diminution of resources, non-disclosure of information in violation of a specific obligation, with the same effect, misapplication of a legally obtained benefit, with the same effect;

(26)

‘terrorist offence’ has the same meaning as under Article 3 of Directive (EU) 2017/541 of the European Parliament and of the Council(3);

(27)

‘money laundering’ has the same meaning as under Article 1(3) and (4) of Directive (EU) 2015/849 of the European Parliament and of the Council(4);

(28)

‘trafficking in human beings’ has the same meaning as under Article 2 of Directive 2011/36/EU of the European Parliament and of the Council(5);

(29)

‘ink production’ means the preparation of ink which, by means of mixing and grinding of raw materials and/or base ink, are ready to be used in the printing of euro banknotes. This preparation does not include adding specific components to an ink by printers or euro banknote paper manufacturers, when it makes up less than 12 % in weight of the original ink and when the sole purpose of their addition is either to enable the ink’s curing according to a pre-defined formulation, to adapt its rheology or its shade or to improve its drying;

(30)

‘legal entity identifier (LEI)’ means an alphanumeric reference code in line with the ISO 17442 standard assigned to a legal entity;

(31)

‘independent auditor’ means either the relevant internal department of an NCB or a recognised entity competent to assess and declare that a manufacturer’s corporate compliance programme is in compliance with principles, rules and procedures on the ethical conduct of business, both independent from the accredited manufacturer;

(32)

‘inspection’ means a procedure that assesses a manufacturer’s compliance with the accreditation requirements, taking the form of an on-site or off-site inspection, and ending with a report on the findings of this assessment;

(33)

‘on-site inspection’ means an inspection conducted by the ECB at a manufacturing site;

(34)

‘off-site inspection’ means an inspection conducted by the ECB by assessing documentation requested from a manufacturer that takes place away from the relevant manufacturing site;

(35)

‘business day’ means any day excluding Saturday and Sunday, and any ECB public holiday, as published on the ECB’s website;

(36)

‘major instance of non-compliance’ means either of the following:

(a)

an instance of non-compliance that had or had the potential to have, or has or has the potential to have, an immediate, serious and adverse impact on the accredited manufacturers’ fulfilment of the accreditation requirements for a euro item activity or euro secure item activity;

(b)

several instances of non-compliance that would not, on their own, be considered as major, but by occurring simultaneously or recurrently to a specific process, result or resulted in a immediate, serious and adverse impact.

(1)

Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime (OJ L 300, 11.11.2008, p. 42).

(2)

Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector (OJ L 192, 31.7.2003, p. 54).

(3)

Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).

(4)

Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73).

(5)

Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1).