20.12.2019   

EN

Official Journal of the European Union

L 330/86


DECISION (EU) 2019/2194 OF THE EUROPEAN CENTRAL BANK

of 29 November 2019

on the granting of signing powers (ECB/2019/33)

THE PRESIDENT OF THE EUROPEAN CENTRAL BANK,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 38 thereof,

Whereas:

(1)

Article 38 of the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’) provides that the European Central Bank (ECB) is legally committed to third parties by the President or by two members of the Executive Board or by the signatures of two members of staff of the ECB who have been duly authorised by the President to sign on behalf of the ECB. In order to facilitate efficient working processes within the ECB, members of staff should be authorised to legally commit the ECB to third parties by virtue of their function within the ECB.

(2)

This Decision grants the Chief Services Officer, acting on behalf of the President, the power to authorise, in exceptional cases and where justified, members of staff to legally commit the ECB to third parties.

(3)

It is sometimes necessary for a person who is not an ECB member of staff to act as an agent of the ECB and to exercise rights on the ECB’s behalf, or to legally commit the ECB to third parties, e.g. by accepting work by an ECB service provider or in the context of joint procurements with other Union institutions. Therefore, the Chief Services Officer, acting on behalf of the President, should be able to exceptionally authorise such a person to legally commit the ECB in accordance with instructions provided by the ECB.

(4)

This Decision is without prejudice to any specific current or future authorisation by the President to legally commit the ECB in accordance with Article 38 of the Statute of the ESCB,

HAS ADOPTED THIS DECISION:

Article 1

Functional signing powers

1.   By virtue of their function, persons shall be authorised in their respective areas of responsibility to legally commit the ECB to third parties as further specified in Annex I and II.

2.   For the purpose of determining a category under paragraph 1 in cases where it is not possible to clearly determine the net value of the commitment entered into, a reasonable and cautious estimation shall be made. This estimation shall take into account potential risks involved for the ECB, in particular financial and reputational risks.

Article 2

Signing powers by special authorisation

1.   For cases not covered by Article 1 and where justified, the Chief Services Officer, acting on behalf of the President, is exceptionally granted the power to authorise other members of staff of the ECB, (members of staff or short-term contract employees) to legally commit the ECB to third parties.

2.   The Chief Services Officer shall submit to the President an annual report on the decisions taken on the basis of the powers granted in accordance with paragraph 1.

Article 3

Signing powers authorisation for third parties

1.   The Chief Services Officer, acting on behalf of the President, is granted the power in matters falling under the Chief Services Officer’s areas of responsibility to exceptionally authorise a person who is not an ECB member of staff to legally commit the ECB to third parties in accordance with instructions provided by the ECB in order to implement contractual agreements the ECB entered into with that person or with an entity to which this person is affiliated.

2.   This shall not include the right of further sub-authorisation.

Article 4

Book of Authorised Signatories of the ECB

The members of staff of the ECB authorised to legally commit the ECB to third parties shall be listed in the Book of Authorised Signatories of the ECB as referred to in Article 14.2 of Decision ECB/2004/2 (1).

Article 5

Entry into force

This Decision shall enter into force on 1 January 2020.

Done at Frankfurt am Main, 29 November 2019.

The President of the ECB

Christine LAGARDE


(1)  Decision ECB/2004/2 of 19 February 2004 adopting the Rules of Procedure of the European Central Bank (OJ L 80, 18.3.2004, p. 33).


ANNEX I

Category

Functional signing power

Net value

B

Members of the Executive Board other than the President; the Chair of the Supervisory Board; the Chief Services Officer

No limit, if co-signed by a signatory in category C or higher

C

All members of staff holding a position allocated to salary bands K or L

Above EUR 2 000 000 if co-signed by a signatory in category B

Up to EUR 2 000 000 if co-signed by a signatory in category D or higher

D

All members of staff holding a position allocated to salary bands I or J,

The Spokesperson of the Staff Committee

Up to EUR 2 000 000 if co-signed by a signatory in category C or higher

Up to EUR 20 000 if co-signed by a signatory in category E or higher

E

Project Managers who are designated by the PSG chair

Up to EUR 20 000 if co-signed by a signatory in category D or higher

Up to EUR 1 000 if co-signed by a signatory in category E or higher


ANNEX II

For certain commitment categories, the following derogations to Annex I apply.

Commitment categories

Signing power

Employment

Authorised signatories in DG/HR

Letter of appointment commencing the employment relationship or leading to a promotion

 

Executive Board members and positions at salary bands K and L

One signatory in category B and one signatory in category C

Positions at salary bands I and J

One signatory in category C and one signatory in category D

Any other member of staff, secondee or trainee

One signatory in category D and one signatory in category E

Subsequent changes to the letter of appointment and other documents changing the employment status (e.g. contract extensions, transfers and other mobility)

 

Executive Board members and positions at salary bands K and L

One signatory in category C and one signatory in category D

Any other member of staff, secondee or trainee

One signatory in category D and one signatory in category E

Procurement

Signing power

Documentation affecting the legal status of suppliers in procurement procedures, in particular award and rejection letters (excluding the signing of the contract)

For procurement procedures for which no Procurement Committee (PRC) is established:

One signatory in category D and one signatory in category E from the unit with budget responsibility for the procurement.

For procurement procedures for which a PRC is established:

The chairperson of the PRC or, in his/her absence, another signatory in category D from the unit with budget responsibility for the procurement and one authorised signatory from the Central Procurement Division.

Contract management

Signing power in the unit with budget responsibility

Contract amendments

As a rule, signatories according to the value of the contract amendment as per Annex I.

Exceptions:

For substantial amendments, signatures of signatories in the same category as for the initial contract signature.

For minor amendments, signatures of at least one signatory in category D and one signatory in category E.

Termination of a contract

Signatures of signatories in the same category as for the initial contract signature.

Other contract management measures, e.g. acceptance certificate, set-offs, contract extensions which are provided for in the contract.

Signatures of at least one signatory in category D and one signatory in category E are required, unless the value or significance of the contract implies a higher category.