Proposal for a COUNCIL IMPLEMENTING DECISION appointing the members of the panel provided for in Article 14(3) of Regulation (EU) 2017/1939
Date: 2018-07-31
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: EU office or agency, appointment of members, enhanced cooperation, fraud against the EU, public prosecutor's department

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   EUROPEAN COMMISSION  Brussels, 31.7.2018 COM(2018) 563 final 2018/0296 (NLE)  Proposal for a COUNCIL IMPLEMENTING DECISION appointing the members of the panel provided for in Article 14(3) of Regulation (EU) 2017/1939  
 
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

(EU)  2017/1939 

implementing  enhanced  cooperation  on 

the 
Council  Regulation 
establishment  of  the  European  Public  Prosecutor’s  Office  (‘EPPO’)  was  adopted  on  12 
October 2017 and entered into force on 20 November 20171. In accordance with Article 20 of 
that Regulation, the Commission is responsible for the establishment and initial administrative 
operation  of  the  EPPO,  until  the  EPPO  has  the  capacity  to  implement  its  own  budget.  The 
Commission is undertaking all necessary efforts to ensure a swift setting up of the EPPO. In 
line  with  Article  120  of  the  Regulation  and  following  a  build-up  phase  of  three  years,  the 
Commission aims at having the EPPO operational by the end of 2020.  

A key aspect in getting the EPPO up and running concerns the selection and appointment of 
its  staff,  in  particular  the  European  Chief  Prosecutor  and  European  Prosecutors.  In  order  to 
select the European Chief Prosecutor and European Prosecutors of the EPPO, Article 14(3) of 
Regulation  (EU)  2017/1939  provides  that  the  Council  shall  establish  the  selection  panel’s 
operating  rules  and  shall  adopt  a  decision  appointing  its  members  on  a  proposal  from  the 
Commission.  For  this  purpose,  the  Commission  adopted  a  proposal  for  a  Council 
Implementing Decision with an Annex establishing the selection panels’ operating rules on 25 
May 20182.  

In  order  to  establish  the  selection  panel  provided  for  in  Article  14(3)  of  Regulation  (EU) 
2017/1939, the Commission proposes a Council Implementing Decision for the appointment 
of the members of the panel. In accordance with Article 14(3) of Regulation (EU) 2017/1939, 
the Commission proposes twelve members for the selection panel, chosen from among former 
members  of  the  Court  of  Justice  and  the  Court  of  Auditors,  former  national  members  of 
Eurojust,  members  of  national  supreme  courts,  high  level  prosecutors  and  lawyers  of 
recognised competence. One of the persons chosen was proposed by the European Parliament 
on 31 May 2018. The Commission has taken into account the need to ensure balance in terms 
of  geographical  distribution,  gender  and  knowledge  of  legal  systems  of  the  Member  States 
participating in the EPPO. 

• 

Consistency with existing policy provisions in the policy area 

The establishment of the EPPO is foreseen by Article 86 of the Treaty on the Functioning of 
the European Union (TFEU). The EPPO will be the first EU body with criminal investigation 
and prosecution powers into crimes affecting the financial interests of the Union and will be a 
completely new actor in the European judicial landscape. The EPPO is expected to lead to a 
more consistent and effective prosecution policy for crimes affecting the EU budget, resulting 
in a greater number of prosecutions, convictions and a higher level of recovery of fraudulently 
lost Union funds. 

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Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation 
on  the  establishment  of  the  European  Public  Prosecutor’s  Office  (‘the  EPPO’)  OJ  L  283, 
31.10.2017, p. 1 
Commission  proposal  for  a  Council  Implementing  Decision  on  the  operating  rules  of  the 
selection  panel  provided  for  in  Article  14(3)  of  Regulation  (EU)  2017/1939  implementing 
enhanced cooperation on the establishment of the European Public Prosecutor’s Office ("the 
EPPO") COM(2018) 318 final of 25 May 2018 

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By submitting this proposal for a Council Implementing Decision appointing the members of 
the panel selecting the European Chief Prosecutor and European Prosecutors of the EPPO, the 
Commission  is  complying  with  its  obligation  under  Article  14(3)  of  Regulation  (EU) 
2017/1939.  This  proposal allows for the setting up of the selection panel, thus  starting with 
the required selection and appointment procedures of the EPPO’s European Chief Prosecutor 
and  European  Prosecutors.  This  proposal  is  therefore  fully  consistent  with  existing  policy 
provisions in the respective policy area.   

• 

Consistency with other Union policies 

This initiative is consistent with other Union policies and legislative developments 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  291  TFEU  in  conjunction  with  Article  14(3)  of  Council 
Regulation (EU) 2017/1939.   

• 

Subsidiarity (for non-exclusive competence)  

In  accordance  with  Article  14(3)  of  Regulation  (EU)  2017/1939,  the  Commission  is  legally 
required to submit a proposal for the appointment of the members of the selection panel by 
the  Council.  This  proposal  follows  up  on  the  Commission  proposal  for  a  Council 
Implementing Decision with an Annex establishing the selection panels’ operating rules. This 
proposal is essential to ensure that the selection panel is set up in order to swiftly select and 
appoint the European Chief Prosecutor and European Prosecutors of the EPPO.   

• 

Proportionality 

This proposal is limited to what is necessary in order to attain the proposed objectives and is 
therefore  compliant  with  the  principle  of  proportionality.  This  proposal  is  directly  linked  to 
the entry into force of Regulation (EU) 2017/1939 and fundamental in ensuring a swift setting 
up of the EPPO.  

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Given the targeted and limited nature of this proposal, and the fact that it complies with the 
obligation put on the Commission in Article 14(3) of Council Regulation 2017/1939, ex-post 
evaluations, stakeholder consultations and an impact assessment were not carried out. 

4. 

BUDGETARY IMPLICATIONS 

This proposal has no budgetary implications.  

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Given  the  nature  of  this  proposal,  there  is  no  implementation  planning  associated  with  this 
measure.  

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• 

Explanatory documents (for directives) 

This proposal does not require Explanatory Documents on the transposition.  

• 

Detailed explanation of the specific provisions of the proposal 

Article 1 stipulates that for a period of four years from the date of entry into force referred to 
in Article 2, the twelve persons enlisted shall be appointed members of the panel provided for 
in Article 14(3) of Regulation (EU) 2017/1939.  

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2018/0296 (NLE) 

Proposal for a 

COUNCIL IMPLEMENTING DECISION 

appointing the members of the panel provided for in Article 14(3) of Regulation (EU) 
2017/1939 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union,  

Having  regard  to  Council  Regulation  (EU)  2017/1939  of  12  October  2017  implementing 
enhanced cooperation on the establishment of the European Public Prosecutor’s Office ("the 
EPPO"), and in particular Article 14(3) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

Pursuant to Article 14(3) of Regulation (EU) 2017/1939, a selection panel is to be set 
up in order to draw up a shortlist of qualified candidates for the position of European 
Chief Prosecutor and to provide a reasoned opinion on the qualifications of candidates 
for European Prosecutors.  

Regulation  (EU)  2017/1939  provides  that  the  European  Parliament  and  the  Council 
appoint  the  European  Chief  Prosecutor,  by  common  accord,  from  a  shortlist  of 
qualified candidates drawn up by the selection panel.  

Regulation  (EU)  2017/1939  also  provides  that  the  Council  appoints  each  European 
Prosecutor  from  amongst  three  candidates  nominated  by  each  Member  State  after 
having received a reasoned opinion from the selection panel. 

The selection panel should review the applications for the position of European Chief 
Prosecutor  and  for  the  positions  of  European  Prosecutors  with  regard  to  the 
requirements  set  out  in  Articles  14(2)  and  16(1)  of  Regulation  (EU)  2017/1939, 
respectively, including whether the candidates’ independence is beyond doubt.    

The  selection  panel  should  comprise  twelve  persons  chosen  from  among  former 
members of the Court of Justice and the Court of Auditors, former national members 
of Eurojust, members of national supreme courts, high level prosecutors and lawyers 
of recognised competence.  

One  of  the  panel  members  should  be  proposed  by  the  European  Parliament.  On  31 
May  2018,  the  Parliament  nominated  Mr  Antonio  Mura  as  the  panel  member  to  be 
proposed by it.  

The Commission took into account the need for geographical balance, gender balance 
and due representation of the legal systems of the Member States participating in the 
EPPO for the membership in the selection panel.  

Among the eleven persons proposed by the Commission, there is one former member 
of  the  Court  of  Justice,  one  former  member  of  the  Court  of  Auditors,  one  former 
national  member  of  Eurojust,  five  high  level  prosecutors,  two  members  of  national 

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supreme courts and one lawyer of recognised competence, of which six men and five 
women.   

(9) 

Article 14(3) of Regulation (EU) 2017/1939 stipulates that the Council should adopt a 
decision appointing the members of the panel on a proposal from the Commission.  

(10)  The members of the selection panel should therefore be appointed.  

HAS ADOPTED THIS DECISION:  

For  a  period  of  four  years  from  the  date  of  entry  into  force  referred  to  in  Article  2  of  this 
Decision,  the  following  persons  shall  be  appointed  members  of  the  panel  provided  for  in 
Article 14(3) of Regulation (EU) 2017/1939:  

Article 1 

Mr Peter FRANK 

Ms Ulrike HABERL-SCHWARZ 

Mr Theodoros IOANNIDES 

Ms Saale LAOS 

Mr Jean-Claude MARIN 

Mr Ján MAZÁK 

Ms María de los ÁNGELES GARRIDO LORENZO  

Mr Marin MRČELA 

Mr Antonio MURA 

Mr Vítor Manuel DA SILVA CALDEIRA 

Ms Martine SOLOVIEFF  

Ms Raija TOIVIAINEN 

Article 2 

This Decision shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union.  

Done at Brussels, 

For the Council 
The President 

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