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Document 02004D0002-20230828
Decision of the European Central Bank of 19 February 2004 adopting the Rules of Procedure of the European Central Bank (ECB/2004/2) (2004/257/EC)
Consolidated text: Decision of the European Central Bank of 19 February 2004 adopting the Rules of Procedure of the European Central Bank (ECB/2004/2) (2004/257/EC)
Decision of the European Central Bank of 19 February 2004 adopting the Rules of Procedure of the European Central Bank (ECB/2004/2) (2004/257/EC)
02004D0002 — EN — 28.08.2023 — 005.001
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DECISION OF THE EUROPEAN CENTRAL BANK of 19 February 2004 adopting the Rules of Procedure of the European Central Bank (ECB/2004/2) (OJ L 080 18.3.2004, p. 33) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 100 |
10 |
18.4.2009 |
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L 95 |
56 |
29.3.2014 |
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DECISION (EU) 2015/716 OF THE EUROPEAN CENTRAL BANK of 12 February 2015 |
L 114 |
11 |
5.5.2015 |
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DECISION (EU) 2016/1717 OF THE EUROPEAN CENTRAL BANK of 21 September 2016 |
L 258 |
17 |
24.9.2016 |
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DECISION (EU) 2023/1610 OF THE EUROPEAN CENTRAL BANK of 28 July 2023 |
L 198 |
30 |
8.8.2023 |
DECISION OF THE EUROPEAN CENTRAL BANK
of 19 February 2004
adopting the Rules of Procedure of the European Central Bank
(ECB/2004/2)
(2004/257/EC)
Sole Article
The Rules of Procedure of the European Central Bank as amended on 22 April 1999, as further amended by Decision ECB/1999/6 of 7 October 1999 amending the Rules of Procedure of the European Central Bank ( 1 ), shall be replaced by the following which shall enter into force on 1 March 2004.
RULES OF PROCEDURE OF THE EUROPEAN CENTRAL BANK
PRELIMINARY CHAPTER
Article 1
Definitions
CHAPTER I
THE GOVERNING COUNCIL
Article 2
Date and place of Governing Council meetings
Article 3
Attendance at Governing Council meetings
Article 3a
Rotation system
Article 4
Voting
Article 5
Organisation of Governing Council meetings
The minutes of the proceedings of the Governing Council shall be approved at the subsequent meeting (or if necessary earlier by written procedure) by the members of the Governing Council who had a voting right at the meeting to which the minutes refer and shall be signed by the President.
◄Article 5a
Code of Conduct for the members of the Governing Council
CHAPTER II
THE EXECUTIVE BOARD
Article 6
Date and place of Executive Board meetings
Article 7
Voting
Article 8
Organisation of Executive Board meetings
The Executive Board shall decide on the organisation of its meetings.
CHAPTER III
THE ORGANISATION OF THE EUROPEAN CENTRAL BANK
Article 9
Eurosystem/ESCB committees
Article 9a
The Governing Council may decide to establish ad hoc committees in charge of specific advisory tasks.
Article 9b
Audit Committee
In order to strengthen the internal and external layers of control already in place and to further enhance the corporate governance of the ECB and the Eurosystem, the Governing Council shall establish an audit committee and lay down its mandate and composition.
Article 10
Internal structure
Article 11
Staff of the ECB
CHAPTER IV
INVOLVEMENT OF THE GENERAL COUNCIL IN THE TASKS OF THE EUROPEAN SYSTEM OF CENTRAL BANKS
Article 12
Relationship between the Governing Council and the General Council
The General Council of the ECB shall be given the opportunity to submit observations before the Governing Council adopts:
Article 13
Relationship between the Executive Board and the General Council
The General Council of the ECB shall be given the opportunity to submit observations before the Executive Board:
CHAPTER IVa
SUPERVISORY TASKS
Article 13a
Supervisory Board
Pursuant to Article 26(1) of Regulation (EU) (No) 1024/2013, a Supervisory Board established as an internal body of the ECB shall fully undertake the planning and execution of the tasks conferred on the ECB relating to the prudential supervision of credit institutions (hereinafter ‘supervisory tasks’). Any tasks of the Supervisory Board shall be without prejudice to the competences of the ECB decision-making bodies.
Article 13b
Composition of the Supervisory Board
Article 13c
Voting pursuant to Article 26(7) of Regulation (EU) No 1024/2013
For the purpose of adopting draft decisions pursuant to Article 26(7) of Regulation (EU) No 1024/2013 and on the basis of Article 16 of the Treaty on European Union, Article 238(3) of the Treaty on the Functioning of the European Union, and Protocol (No 36) on transitional provisions, the following rules shall apply:
Until 31 October 2014, decisions shall be deemed adopted when at least 50 % of Supervisory Board members representing at least 74 % of the total number of weighted votes and 62 % of the total population, cast a vote in favour.
From 1 November 2014, decisions shall be deemed adopted when at least 55 % of the Supervisory Board members representing at least 65 % of the total population, cast a vote in favour. A blocking minority must include at least the minimum number of Supervisory Board members representing 35 % of the total population, plus one member, failing which the qualified majority shall be deemed attained.
Between 1 November 2014 and 31 March 2017, upon request of a representative of a national competent authority or upon request of a representative of the ECB in the Supervisory Board, decisions shall be deemed adopted when at least 50 % of Supervisory Board members representing at least 74 % of the total number of weighted votes and 62 % of the total population, cast a vote in favour.
Each of the four ECB representatives appointed by the Governing Council shall have a weighting equal to the median weighting of those of the representatives of the national competent authorities of participating Member States, as calculated on the basis of the method laid down in the Annex.
The votes of the Chair and the Vice-Chair shall be weighted zero and shall count only towards the definition of the majority as far as the number of the members of the Supervisory Board is concerned.
Article 13d
Rules of Procedure of the Supervisory Board
The Supervisory Board shall adopt its Rules of Procedure after having consulted the Governing Council. The Rules of Procedure shall ensure the equal treatment of all participating Member States.
Article 13e
Code of Conduct for the members of the Supervisory Board
Article 13f
Supervisory Board meetings
The Supervisory Board shall normally hold its meetings on the premises of the ECB. The proceedings of the Supervisory Board meetings shall be provided to the Governing Council, as soon as adopted, for information.
Article 13g
Adoption of decisions for the purpose of carrying out the tasks referred to in Article 4 of Regulation (EU) No 1024/2013
Article 13h
Adoption of decisions for the purpose of carrying out the tasks referred to in Article 5 of Regulation (EU) No 1024/2013
Article 13i
Adoption of decisions pursuant to Article 14(2) to (4) of Regulation (EU) No 1024/2013
If a national competent authority notifies the ECB of its draft decision pursuant to Article 14(2) of Regulation (EU) No 1024/2013, the Supervisory Board shall transmit the draft decision, together with its assessment, within five working days to the Governing Council. The draft decision shall be deemed adopted unless the Governing Council objects within 10 working days of the notification to the ECB, extendable once for the same period in duly justified cases.
Article 13j
General framework referred to in Article 6(7) of Regulation (EU) No 1024/2013
The Governing Council shall adopt decisions establishing the general framework to organise the practical arrangements for the implementation of Article 6 of Regulation (EU) No 1024/2013, in consultation with national competent authorities and on the basis of a proposal from the Supervisory Board outside the scope of the non-objection procedure.
Article 13k
Separation of monetary policy and supervisory tasks
Article 13l
Organisation of Governing Council meetings regarding the supervisory tasks
Article 13m
Internal structure regarding the supervisory tasks
Article 13n
Report under Article 20(2) of Regulation (EU) No 1024/2013
Upon a proposal from the Supervisory Board submitted by the Executive Board, the Governing Council shall adopt the annual reports addressed to the European Parliament, the Council, the Commission and the Eurogroup as required under Article 20(2) of Regulation (EU) No 1024/2013.
Article 13o
Representatives of the ECB at the European Banking Authority
CHAPTER V
SPECIFIC PROCEDURAL PROVISIONS
Article 14
Delegation of powers
Article 15
Budgetary procedure
Article 16
Reporting and annual accounts
Article 17
Legal instruments of the ECB
Article 17a
Legal instruments of the ECB related to supervisory tasks
Article 18
Procedure under Article 128(2) of the Treaty
The approval provided for in Article 128(2) of the Treaty shall be adopted for the following year by the Governing Council in a single decision for all Member States whose currency is the euro within the final quarter of every year.
Article 19
Procurement
▼M2 —————
Article 21
Conditions of Employment
Article 22
Communications and announcements
General communications and announcements of decisions taken by the decision-making bodies of the ECB may be published on the ECB website, in the Official Journal of the European Union, or by means of wire services common to financial markets or any other media.
Article 23
Confidentiality of and access to ECB documents
Article 23a
Confidentiality and professional secrecy regarding the supervisory tasks
CHAPTER VI
FINAL PROVISION
Article 24
Amendments to these Rules of Procedure
The Governing Council may amend these Rules of Procedure. The General Council may propose amendments and the Executive Board may adopt supplementary rules within its field of competence.
ANNEX
(as referred to in Article 13c(iv))
1. For the purposes of the voting pursuant to Article 13c, the four ECB representatives must be assigned as defined in the following paragraphs, the median weighted votes of the participating Member States under the weighted votes criterion, the median population of the participating Member States under the population criterion and, by virtue of their membership in the Supervisory Board, a vote under the number of members criterion.
2. Ranking, in ascending order, the weighted votes assigned to the participating Member States by Article 3 of the Protocol (No 36) on transitional provisions for the members representing the participating Member States, the median weighted vote is defined as the middle weighted vote if there is an odd number of participating Member States, and as the average of the two middle numbers, rounded up to the nearest whole number, if their number is even. Four times the median weighted vote must be added to the overall number of weighted votes of the participating Member States. The resulting number of weighted votes shall constitute the ‘total number of weighted votes’.
3. The median population is defined in accordance with the same principle. For this purpose, recourse will be made to the figures published by the Council of the European Union as per Annex III, Article 1 and 2 of Council Decision 2009/937/EU of 1 December 2009 adopting the Council’s Rules of Procedure ( 6 ). Four times the median population of the participating Member States must be added to the combined population in all participating Member States. The resulting population number shall constitute ‘the total population’.
( 1 ) OJ L 314, 8.12.1999, p. 32.
( 2 ) OJ L 287, 29.10.2013, p. 63.
( 3 ) OJ L 331, 15.12.2010, p. 12.
( 4 ) OJ 17, 6.10.1958, p. 385/58.
►M5 ( 5 ) Decision (EU) 2023/1610 of the European Central Bank of 28 July 2023 establishing the historical archives of the European Central Bank and amending Decision ECB/2004/2 (ECB/2023/17) (OJ L 198, 08.08.2023, p. 30). ◄
( 6 ) OJ L 325, 11.12.2009, p. 35.