Council of the European Union
PRESS
EN
FACTSHEET
Brussels, 07 March 2017
Proposal on the creation of a European Public Prosecutor’s Office
(EPPO)
State of play
On the European Public Prosecutor’s Office
1. What is the EPPO and how would it work?
The EPPO would be a Union body, acting as a single office, tasked with investigating, prosecuting
and bringing to justice the perpetrators of offences against the Union’s financial interests.
The EPPO would be a collegial structure composed of two levels. The central level would consist
of a European chief prosecutor, who would be the head of the office as a whole, the head of the
college of European prosecutors, the permanent chambers and the European prosecutors from all
participating member states. The decentralised level would consist of European Delegated
Prosecutors located in the member states, who would be in charge of the day-to-day conduct of
criminal investigations and prosecutions in line with the regulation and the law of that member
state. The central level would monitor, direct and supervise all investigations and prosecutions
undertaken by European Delegated Prosecutors, thereby ensuring a consistent investigation and
prosecution policy across Europe.
The integration of the European Public Prosecutor’s Office into national justice systems has
several advantages. The Delegated Prosecutors have in-depth knowledge of the national justice
system, the local language, the integration into the local prosecution structure and the practice of
handling local court cases. In addition, pooling the investigative and prosecutorial resources of the
member states will ensure swift decision making.
2. Why is there a need for an EPPO in Europe?
The Union and its member states sometimes face complex cases of, for example, fraud against EU
structural funds or large-scale, cross-border VAT fraud. In those cases, national criminal
investigators and prosecutors often lack the tools needed to act quickly and efficiently across
borders.
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The EPPO should address these shortcomings and enhance the fight against offences affecting
the Union's financial interests, thereby contributing to a stronger and better protected Union
budget.
The EPPO would complement the work of OLAF and Eurojust, which are not equipped to
investigate or prosecute individual criminal cases.
On the current procedure (see infographic in annex)
3. Why will it be discussed at the European Council?
Article 86 of the Treaty on the Functioning of the EU provides that the Council may establish the
EPPO to combat crimes affecting the Union's financial interests. In July 2013 the Commission
presented the proposal for a regulation to create the EPPO.
Since then, member states have discussed the text extensively at the Council table. Despite efforts
by successive Council presidencies, the Council formally acknowledged on 7 February 2017 that it
was not in a position to reach unanimity on the final compromise text.
According to article 86 of the Treaty on the Functioning of the EU, if the Council cannot reach
unanimity, a group of at least nine member states may refer the text to the European Council. In
this case, the European Council has a maximum of four months to discuss and try to reach a
consensus on the text.
On 14 February, 17 member states sent a letter to the President of the European Council
underlining that the establishment of the EPPO is of utmost importance, and requesting that the
proposal be discussed by the European Council. The text of the letter can be found in the public
register.
4. Which member states signed the letter referring the EPPO proposal to the European
Council?
The 17 member states who signed the letter are: Austria, Belgium, Bulgaria, Croatia, Czech
Republic, Estonia, Finland, France, Germany, Greece, Latvia, Lithuania, Luxembourg, Romania,
Slovakia, Spain and Slovenia.
5. What will happen if the European Council reaches consensus on the proposal?
If the European Council were to reach a consensus, the text would be sent back to the Council of
the EU for final adoption, after the European Parliament gives its consent.
6. What will happen if the European Council does not reach consensus on the
proposal?
If the European Council does not reach a consensus, a group of at least nine member states may
notify the European Parliament, the Council and the Commission of their wish to establish
enhanced cooperation on the basis of the draft regulation. With this notification, the authorisation to
proceed to enhanced cooperation is deemed to be granted, i.e. there is no further need for the
Council or the Parliament to authorise cooperation.
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7. When could we expect enhanced cooperation to be launched?
It would be up to the member states to discuss and decide whether at least nine of them are ready
to establish enhanced cooperation. According to article 86 of the Treaty, member states have a
maximum of four months from the date of referral to the European Council (i.e. 14 February 2017)
to launch enhanced cooperation.
8. If enhanced cooperation is launched, can the text be amended?
Yes. Once at least nine member states enter into enhanced cooperation, the discussion will
resume on the basis of the latest compromise text discussed at the Council (see text 5766/17 in
the public register). The text can be further amended by the member states participating in
enhanced cooperation. The final text adopted by participating member states will have to receive
consent from the Parliament.
9. If enhanced cooperation is launched, can member states decide to join at a later
stage?
Yes. A member state can decide to join enhanced cooperation at any time before or after the
adoption of the regulation.
10. Is it possible for the EPPO to extend its competences to cross-border criminal
activities other than those committed against the EU's financial interests?
The powers of the European Public Prosecutor's Office may, in accordance with Article 86(4), be
extended to include serious crime with a cross-border dimension. The decision to extend the
powers of the EPPO would have to be taken unanimously at the level of the European Council by
the member states participating in enhanced cooperation. Before such a decision is taken, the
Commission must be consulted and the European Parliament must give its consent.
Press contact:
Romain Sadet
Press officer - Corporate communications
Tel. +32 22818914 GSM +32 473865437
[email protected]
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European Public Prosecutor's Office
Unanimity at the
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Proposal on EPPO
Regulation
17 Member states
Countries ask to
refer to
European Council
Discussion at the European Council
Consensus
reached
Consensus
not reached
Minimum 9
Member States
notify enhanced
cooperation
Consent
European
Parliament
Consent
European
Parliament
Final adoption
Council of the European Union
General Secretariat
© European Union, 2017.
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