Proposal for a COUNCIL IMPLEMENTING DECISION amending Implementing Decision (EU) 2018/1696, as regards using videoconference for interviewing candidates
Date: 2022-10-28
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: EU body, EU office or agency, appointment of members, criminal investigation department, fraud against the EU, job application, public prosecutor's department, rules of procedure, video communications

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   EUROPEAN COMMISSION  Brussels, 28.10.2022  COM(2022) 565 final 2022/0351 (NLE)  Proposal for a COUNCIL IMPLEMENTING DECISION amending Implementing Decision (EU) 2018/1696, as regards using videoconference for interviewing candidates  
 
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  20171.  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) 2017/13712 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 panel3, which 
were  subsequently  amended  by  Council  Implementing  Decision  (EU)  2020/10084.  On  18 
September 2018, the Council appointed the members of the selection panel5.  

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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 – 71 
Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight 
against fraud to the Union’s financial interests by means of criminal law, OJ L 198, 28.7.2017, p. 29–41 
Council Implementing Decision (EU) 2018/1696 of 13 July 2018 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’), OJ L 282, 12.11.2018, p. 
8–12 
Council Implementing Decision (EU) 2020/1008 of 9 July 2020 amending Implementing Decision (EU) 
2018/1696 on the operating rules of the selection panel provided for in Article 14(3) of Regulation (EU) 
2017/1939, OJ L 221I , 10.7.2020, p. 1–2 
Council Decision (EU) 2018/1275 of 18 September 2018 appointing the members of the selection panel 
provided for in Article 14(3) of Regulation (EU) 2017/1939, OJ L 238, 21.9.2018, p. 92–93 

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On  27  July  2020,  the  Council  appointed  the  first  European  Prosecutors  of  the  EPPO6.  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)  

The amendment of the operating rules of the selection panel provided for in Article 14(3) of 
Regulation  (EU)  2017/1939  can  only  be  done  by  the  Council  on  a  proposal  from  the 

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Council Implementing Decision (EU) 2020/1117 of 27 July 2020 appointing the European Prosecutors 
of the European Public Prosecutor’s Office, OJ L 244, 29.7.2020, p. 18–20 

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Commission  and  is  thus  an  exclusive  competence  by  nature,  which  is  not  subject  to  the 
principle of subsidiarity. 

• 

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 essential in ensuring 
the effectiveness and legality of the nomination and appointment procedures of the European 
Chief Prosecutor and the European Prosecutors.  

• 

Choice of the instrument 

Article  14(3)  of  Regulation  (EU)  2017/1939  provides  that  the  Council  is  to  establish  the 
selection  panel’s  operating  rules  on  a  proposal  from  the  Commission.  The  operating  rules 
were  adopted  by  means  of  Council  Implementing  Decision  (EU)  2018/1696.  The  choice  of 
the proposed instrument is therefore required by the existing legislation on the matter.  

3. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Given the technical nature of this proposal  and its  very limited impact,  ex-post evaluations, 
stakeholder consultations and impact assessments were not carried out.  

4. 

BUDGETARY IMPLICATIONS 

The proposal has no budgetary implications.   

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Given the nature of this measure, there is no need for implementation plans and monitoring 
nor for evaluation and reporting arrangements.  

• 

Detailed explanation of the specific provisions of the proposal 

Article 1 would amend the operating rules so as to clarify that the selection panel provided for 
by  Article  14(3)  of  Regulation  (EU)  2017/1939  can  decide  to  conduct  the  hearing  of  the 
candidates  for  the  post  of  European  Chief  Prosecutor  and  European  Prosecutors  also  via 
videoconference,    either  motu  proprio  or  at  the  request  of  the  candidate.  Article  1  would 
further  amend  the  operating  rules  with  a  view  to  clarifying  that,  whenever  the  hearing  of  a 
candidate takes place via videoconference, the selection panel can also deliberate via the same 
means.  

In the wake of the recent epidemiological situation, hearings in person may be forbidden or 
unadvisable.  Therefore,  by  clarifying  that  the  selection  panel  can  hear  the  candidates  via 
videoconference  and  deliberate  via  the  same  means,  this  amendment  aims  to  ensure  the 
efficiency  and  legality  of  the  selection  and  appointment  procedures  of  the  European  Chief 
Prosecutor and the European Prosecutors.   

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2022/0351 (NLE) 

Proposal for a 

COUNCIL IMPLEMENTING DECISION 

amending Implementing Decision (EU) 2018/1696, as regards using videoconference for 
interviewing candidates 

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’)7, and in particular Article 14(3) thereof,  

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

Council  Implementing  Decision  (EU)  2018/16968  established  the  operating  rules  of 
the  selection  panel  for  appointing  the  European  Chief  Prosecutor  and  European 
Prosecutors. 

Rule  VI,  points  1  and  2  of  the  operating  rules  provide  that  the  hearing  of  the 
candidates for the post of European Chief Prosecutor and European Prosecutors is to 
take place in person.  

In the wake of the recent epidemiological situation, it is  necessary to  clarify  that the 
interviews  of  those  candidates  by  the  selection  panel  could  also  take  place  via 
videoconference  upon  decision  of  the  selection  panel,  either  motu  proprio  or  at  the 
request of the candidate.  

The way in which the interviews are conducted, in person or via videoconference, may 
affect  the  performance  of  the  candidates.  The  selection  panel  shall  therefore  aim  to 
ensure  equal  treatment  to  candidates  when  deciding  to  conduct  the  interviews  via 
videoconference.  

Rule  IV  of  the  operating  rules  does  not  clarify  whether  the  selection  panel  can 
deliberate  via  videoconference.  It  is  therefore  necessary  to  clarify  that,  when  the 
interview  of  the  candidates  takes  place  via  videoconference,  the  selection  panel  can 
deliberate via the same means.  

(6) 

Implementing Decision (EU) 2018/1696 should therefore be amended accordingly, 

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OJ L 283, 31.10.2017, p. 1. 
Council Implementing Decision (EU) 2018/1696 of 13 July 2018 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) (OJ L 282, 12.11.2018, p. 
8). 

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HAS ADOPTED THIS DECISION:  

Article 1 

Annex to Implementing Decision (EU) 2018/1696 is amended as follows: 

(1) 

in Rule IV the first paragraph is replaced by the following:  

‘The deliberations of the selection panel shall be confidential and shall take place in camera. 
When the hearing of the candidates takes place via videoconference, the selection panel may 
deliberate using the same means of communications. The meetings of the selection panel shall 
be only valid if at least nine members are present.’  

(2) 

in Rule VI, point 1, the first subparagraph is replaced by the following: 

‘Upon receipt of the candidates' applications, the selection panel shall review the applications 
with  regard  to  the  requirements  set  out  in  Article 14(2)  of  Regulation  (EU)  2017/1939,  as 
further  specified  in  the  vacancy  notice.  Candidates  who  do  not  meet  the  eligibility 
requirements shall be excluded from the next steps of the procedure. The selection panel shall 
rank candidates who fulfil the requirements according to their qualifications and experience, 
on  the  basis  of  the  documentation  and  information  provided  in  the  application  or  produced 
following a request pursuant to Rule V. A sufficient number of the highest ranked candidates 
shall  be  heard  by  the  selection  panel  to  enable  it  to  establish  the  shortlist  referred  to  in 
Rule VII(1). The hearing shall take place in person or, upon decision of the selection panel, 
motu proprio or at the request of the candidate, via videoconference. The selection panel shall 
aim  to  ensure  equal  treatment  to  candidates  when  deciding  to  conduct  the  interviews  via 
videoconference.’ 

(3) 

in Rule VI, point 2, the first subparagraph is replaced by the following: 

‘Upon  receipt  of  the  nominations,  the  selection  panel  shall  review  them  with  regard  to  the 
requirements set out in Article 16(1) of Regulation (EU) 2017/1939. The selection panel shall 
hear the candidates nominated. The hearing shall take place in person or, upon decision of the 
selection panel or request of the candidate, via videoconference. The selection panel shall aim 
to  ensure  equal  treatment  to  candidates  when  deciding  to  conduct  the  interviews  via 
videoconference.’ 

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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