Guideline (EU) 2021/2322 of the European Central Bank of 17 December 2021 amending Guideline (EU) 2015/280 on the establishment of the Eurosystem Production and Procurement System (ECB/2021/56)

• Published date: 29 December 2021
• Subject Matter: Euro,European Central Bank (ECB),Public procurement in the European Union
• Official Gazette Publication: Official Journal of the European Union, L 467, 29 December 2021

29.12.2021 EN Official Journal of the European Union L 467/3

---

GUIDELINE (EU) 2021/2322 OF THE EUROPEAN CENTRAL BANK

of 17 December 2021

amending Guideline (EU) 2015/280 on the establishment of the Eurosystem Production and Procurement System (ECB/2021/56)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 128(1) thereof,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Articles 12.1 and 14.3 and Article 16 thereof,

Whereas:

(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

...