Updated 18/09/2024
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Article 16 - Outsourcing

Article 16

Outsourcing

1.   The executive session of the Board may decide on the full or partial outsourcing of specific activities conferred upon the Board by Article 75(3) of Regulation (EU) No 806/2014.

2.   The Board may outsource the activities referred to in paragraph 1 only to one or more bodies governed by public law, ESCB central banks, international institutions established under public international law or Union law institutions, provided that they have an established practice of managing similar investments and without prejudice to the ability of the service provider to contract services from third parties.

3.   The investment mandate from the Board to the service provider shall clearly define at least the duration, maturity, eligible universe and benchmarking requirements, as well as establish a framework for regular reporting from the service provider to the Board.

4.   Any contract between the Board and a service provider for the activities referred to in paragraph 1 shall include clauses governing the Board's cancellation rights, outsourcing chains and non-performance by the service provider.

5.   The executive session of the Board shall inform the plenary session of upcoming decisions on outsourcing.

6.   If the Board fully or partially outsources the activities referred to in paragraph 1, it shall remain fully responsible for discharging all of its obligations under Regulation (EU) No 806/2014 and this Regulation.

7.   Where it decides to outsource any activity referred to in paragraph 1, the Board shall refer to best business practices on outsourcing within the financial sector.

8.   If the Board fully or partially outsources the activities referred to in paragraph 1, it shall ensure at all times that:

(a)

outsourcing does not result in the delegation of the Board's responsibility;

(b)

outsourcing does not exclude the accountability of the Board under Article 45 and Article 46(1) of Regulation (EU) No 806/2014, nor its independence under Article 47 thereof;

(c)

outsourcing does not result in depriving the Board from the necessary systems and controls to manage the risks it faces;

(d)

the service provider implements equivalent business continuity arrangements to those of the Board;

(e)

the Board retains the necessary expertise and resources to evaluate the quality of the services provided and the organisational and capital adequacy of the service provider, and to supervise the outsourced functions effectively and manage the risks associated with the outsourcing and supervises those functions and manages those risks on an ongoing basis;

(f)

the Board has direct access to the relevant information of the outsourced activities;

(g)

the service provider protects any confidential information relating to the Board.