Article 1, Point (3) · ECB/2022/35

Contents

(3)Article 4 is replaced by the following:‘Article 4Ethical requirements1.An accredited manufacturer or any of its controlling entities shall comply with all of the following ethical requirements:

(a)that accredited manufacturer or any of its controlling entities has not been the subject of a conviction by final judgment for any of the following conduct, where such conduct took place after 15 November 2017 and that accredited manufacturer is accredited before 16 November 2022, or where such conduct took place at the earliest five years prior to the date of the request for accreditation pursuant to Article 5 of this Decision:

(i)participation in a criminal organisation, including the types of conduct as set out in Article 2 of Framework Decision 2008/841/JHA;

(ii)active and passive corruption as defined in Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union^note and Article 2(1) of Council Framework Decision 2003/568/JHA^note on combatting corruption in the private sector;

(iii)fraud within the meaning of Article 1 of the Convention on the protection of the European Communities’ financial interests^note;

(iv)terrorist offences, including any of the offences referred to in Articles 3 to 12 of Directive (EU) 2017/541 of the European Parliament and of the Council^note;

(v)money laundering, as defined in Article 1(3) and (4) of Directive (EU) 2015/849 of the European Parliament and of the Council^note;

(vi)trafficking in human beings, including any of the intentional acts referred to in Article 2 of Directive 2011/36/EU of the European Parliament and of the Council^note, and the related incitement, aiding, abetting and attempting as provided for in Article 3 of that Directive;

(vii)any other illegal activity detrimental to the financial interests of the Union, the ECB or the NCBs;

(b)that accredited manufacturer or any of its controlling entities has not engaged in any of the following conduct that took place after 15 November 2017 where accredited before 16 November 2022, or took place at the earliest five years prior to the date of the request for accreditation pursuant to Article 5 of this Decision:

(i)breach of obligations relating to the payment of taxes and/or social security contributions where this has been established by a judicial or administrative decision having final and and binding effect in accordance with the legal provisions of the country in which the accredited manufacturer is established or with those of a Member State where the euro secure item activity or euro item activity is performed;

(ii)grave professional misconduct, including serious cases of non-compliance with professional duties, where this has been determined by the competent authorities;

(iii)entering into agreements that aim at distorting competition within the relevant market, where this has been determined by the competent authorities;

(iv)any other activity that is likely to affect the integrity of euro banknotes as a means of effective payment.

2.An accredited manufacturer shall establish and maintain a fully implemented and operational corporate compliance programme to manage all the activities conducted on its accredited manufacturing site. That corporate compliance programme shall also apply to external activities conducted outside of its accredited manufacturing site where those activities are similar to the euro activities or euro secure activities for which the ECB has granted accreditation.

3.The corporate compliance programme referred to in paragraph 2 shall include and implement, as a minimum, the principles, rules and procedures set out in one of the following:

(a)Article 10 of the International Chamber of Commerce Rules on Combating Corruption^note;

(b)the Banknote Ethics Initiative^note;

(c)the ISO 37001 standard;

(d)any other equivalent programme.