(1)

The European Central Bank (ECB) authorises the issuance of Union laissez-passer for members of staff of the ECB, short-term contract employees of the ECB and their family members. The Union laissez-passer should be recognised by the Member States as a valid travel document.

(2)

As the power to issue Union laissez-passer is conferred on the Presidents of Union institutions, this means that in the ECB’s case the President of the ECB has this power.

(3)

Council Regulation (EU) No 1417/2013 (1) establishes a common form for the issuing of Union laissez-passer. Since 2015, Union laissez-passer are issued as e-travel documents under a centralised procedure, with the Commission acting as a central point for other Union institutions in accordance with service level agreements implementing the Union laissez-passer scheme.

(4)

Given the volume of requests to issue Union laissez-passer for members of staff of the ECB, short-term contract employees of the ECB and their family members, the power to issue them should be delegated to the Chief Services Officer, with the possibility to sub-delegate it to the operational level of the ECB,

(1)

Guideline (EU) 2015/280 of the European Central Bank (ECB/2014/44) (1) provides for an arm’s length principle which requires effective internal arrangements ensuring full separation between a public printing works and its public authority’s accounts and reimbursement by a public printing works of the costs of all administrative and organisational support that it receives from its public authority. It is necessary to further specify the requirements regarding the arm’s length principle to ensure that a public printing works must demonstrate that it has implemented the principle prior to taking part in a tender procedure of a tendering group national central bank (NCB).

(2)

Article 8(1)(b) of Guideline (EU) 2015/280 (ECB/2014/44) allows in-house group NCBs to establish non-institutionalised horizontal cooperation to jointly fulfil public tasks. An NCB that closes its printing works may remain in the in-house group by participating in such horizontal cooperation, provided that it fulfils the relevant requirements. As such, an NCB which closes its printing works may choose between becoming part of the tendering group within the meaning of Article 3 of Guideline (EU) 2015/280 (ECB/2014/44) or participating in horizontal cooperation. In order to facilitate the transition for NCBs that close their printing works, these NCBs should be permitted to move between the two available options (‘two-pillar model’) for a transitional period of five years prior to taking a final decision. In order to ensure the equal treatment of NCBs, an in-house group NCB that has closed its printing works should also be permitted to move between the two available options during a transitional period of five years, provided that the NCB was notified of the revocation of the accreditation of its in-house printing works after 1 November 2019. The transitional period is to start retroactively from the date of this notification.

(3)

In order to facilitate participation in the cooperation between in-house group NCBs, NCBs from Member States that will join the euro area in the future shall be allowed to choose between becoming part of the tendering group within the meaning of Article 3 of Guideline (EU) 2015/280 (ECB/2014/44) or participating in horizontal cooperation.

(4)

In emergency situations, to be defined by the Governing Council, more flexibility may be granted in implementing the two-pillar model.

(5)

Therefore, Guideline (EU) 2015/280 (ECB/2014/44) should be amended accordingly,

(1)

Article 552(4) provides that the United Kingdom shall delete the Passenger Name Record (hereafter: ‘PNR’) data of passengers after their departure from the United Kingdom unless a risk assessment indicates the need to retain such PNR data.

(2)

Article 552(11) provides that the United Kingdom may derogate from paragraph 4 of that article on a temporary basis for an interim period, pending the implementation by the United Kingdom of technical adjustments as soon as possible (hereafter ‘interim period’). During this interim period, the United Kingdom competent authority shall prevent the use of the PNR data that is to be deleted by applying the additional safeguards to that PNR data listed in Article 552(11), points (a)-(d).

(3)

According to Article 552(10), this derogation applies due to the special circumstances that prevent the United Kingdom from making the technical adjustments necessary to transform the PNR processing systems which the United Kingdom operated whilst Union law applied to it into systems which would enable PNR data to be deleted in accordance with Article 552(4) (hereafter ‘special circumstances’).

(4)

Article 552(13) provides that where the special circumstances persist, the Partnership Council shall extend the interim period for 1 year.

(5)

The United Kingdom submitted to the Specialised Committee on Law Enforcement and Judicial Cooperation, pursuant to Article 552(12)(b), an assessment of whether the special circumstances persist, together with a description of the efforts made to transform the PNR processing systems of the United Kingdom into systems which would enable PNR data to be deleted in accordance with Article 552(4), and, pursuant to Article 552(12)(a), a report from the independent administrative body referred to in Article 552(7) and an opinion of the United Kingdom supervisory authority referred to in Article 525(3) as to whether the safeguards provided for in Article 552(11) have been applied effectively, complemented by a report from the United Kingdom supervisory authority received on 30 November 2021.

(6)

The Specialised Committee on Law Enforcement and Judicial Cooperation considered the assessment and the report on 19 October 2021 pursuant to Article 552(13).

(7)

The Parties conclude that the special circumstances persist,