EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

Regulation (EU) 2017/1939 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (EPPO) was adopted on 12 October 2017 and entered into force on 20 November 2017. The EPPO assumed the investigative and prosecutorial tasks conferred on it by such Regulation on 1 June 2021. The EPPO is responsible for investigating, prosecuting and bringing to judgment the perpetrators of, and accomplices to, criminal offences affecting the Union’s financial interests which are provided for in Directive (EU) 2017/1371 and determined by Regulation (EU) 2017/1939. In accordance with Article 8 of Regulation (EU) 2017/1939, the EPPO Central Office consists of, amongst others, the European Chief Prosecutor and the European Prosecutors.

Article 14 of Regulation (EU) 2017/1939 regulates the appointment and dismissal of the European Chief Prosecutor, who is appointed by common accord of the European Parliament and the Council. In accordance with Article 14(3) of Regulation (EU) 2017/1939, the selection is based on an open call for candidates, following which a selection panel draws up a shortlist of qualified candidates to be submitted to the European Parliament and the Council. Article 14(3) of Regulation (EU) 2017/1939 also provides that the Council is to establish the selection panel’s operating rules on a proposal from the Commission.

Article 16 of Regulation (EU) 2017/1939 regulates the appointment and dismissal of the European Prosecutors. Its first paragraph requires each Member State participating in the enhanced cooperation on the establishment of the EPPO to nominate three candidates who meet the requirements set out therein. Article 16(2) of Regulation (EU) 2017/1939 provides that the Council selects and appoints one of the candidates to be the European Prosecutor of the Member State in question, after having received the reasoned opinion of the selection panel referred to in Article 14(3) of Regulation (EU) 2017/1939.

On 13 July 2018, the Council adopted, upon proposal of the Commission, Council Implementing Decision (EU) 2018/1696 on the operating rules of the selection panel, which were subsequently amended by Council Implementing Decision (EU) 2020/1008. On 18 September 2018, the Council appointed the members of the selection panel.

On 27 July 2020, the Council appointed the first European Prosecutors of the EPPO. In accordance with Article 2 of Council Implementing Decision (EU) 2020/1117, eight European Prosecutors have been appointed for a non-renewable period of three years from 29 July 2020. They will therefore have to be replaced by eight new European Prosecutors in July 2023. The eight European Prosecutors will be appointed in accordance with the procedure set out in Article 16 of Regulation (EU) 2017/1939, which includes a hearing before the selection panel.

In accordance with Rule VI.2 of the operating rules of the selection panel, the selection panel should hear the candidates nominated by the Member States for the post of European Prosecutor. The hearing should take place in person. In the wake of the recent epidemiological situation related to the outbreak of COVID-19, it should be clarified that the hearing could also take place by videoconference upon decision of the selection panel, either motu proprio or at the request of the candidate. As the same rule on the hearing in person applies to the selection panel’s hearing of the candidates for the post of European Chief Prosecutor pursuant to Rule VI.1, the latter rule should be amended as well for reasons of consistency. In both cases, if the hearing takes place via videoconference, the selection panel should be able to deliberate via the same means. To this end, a clarification in Rule IV on the deliberations of the selection panel is appropriate.

Therefore, the aim of this proposal is to clarify that the selection panel provided for by Article 14(3) of Regulation (EU) 2017/1939 can decide to conduct the interviews of the candidates by videoconference, which are necessary or more efficient when hearings in person are not allowed or advisable, and deliberate via the same means accordingly.

•Consistency with existing policy provisions in the policy area

The EPPO was established by means of Regulation (EU) 2017/1939, which was adopted on the basis of Article 86 TFEU. By submitting this proposal for an amendment of Council Implementing Decision (EU) 2018/1696, as amended by Council Implementing Decision (EU) 2020/1008, the Commission is complying with its obligations under Articles 14(3) and 16(2) of Regulation (EU) 2017/1939. This proposal will enable to carry out the selection and appointment procedures of the European Chief Prosecutor and the European Prosecutors in an efficient way. This proposal is therefore consistent with existing policy provisions in the policy area.

•Consistency with other Union policies

This initiative is consistent with other Union policies aimed at strengthening the protection of the Union’s financial interests.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

The proposal is based on Article 14(3) of Regulation (EU) 2017/1939.

•Subsidiarity (for non-exclusive competence)