Amended proposal for a COUNCIL DECISION appointing the members of the selection panel provided for in Article 14(3) of Regulation (EU) 2017/1939
Date: 2022-12-16
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: European Public Prosecutor's Office, appointment of members, competition (EU), public prosecutor's department

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   EUROPEAN COMMISSION  Brussels, 16.12.2022  COM(2022) 746 final 2022/0350 (NLE)  Amended proposal for a COUNCIL DECISION appointing the members of the selection 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.  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  European  Prosecutors  are 
part  of  the  central  level  of  the  EPPO.  Together  with  the  European  Chief  Prosecutor,  all 
European Prosecutors, that is, one European Prosecutor per Member State participating in the 
enhanced cooperation on the establishment of the EPPO, form the College of the EPPO. The 
Council appointed the first 22 European Prosecutors of the EPPO in July 20203. 

The  mandate  of  the  European  Prosecutors  is  of  six  years  and  the  Council  may  decide  to 
extend it for a maximum of three years (Article 16(3) of Regulation (EU) 2017/1939). Article 
16(4) of Regulation (EU) 2017/1939 provides that every three years there should be a partial 
replacement  of  one  third  of  the  European  Prosecutors  and  requires  the  Council  to  adopt 
transitional  rules  for  the  appointment  of  the  European  Prosecutors  for  and  during  the  first 
mandate  period.  On  this  basis,  the  Council  adopted  Council  Implementing  Decision  (EU) 
2019/598 of 9 April 20194, which provides that the mandate of the European Prosecutors from 
eight Member States, determined by drawing lots, should be of three years and should not be 
renewable. The mandate of these European Prosecutors will thus expire in July 2023.  

Article  16(2)  of  Regulation  (EU)  2017/1939  provides  that  the  Council  should  select  and 
appoint  one  of  the  candidates  nominated  by  the  Member  States  for  the  post  of  European 
Prosecutors  after  having  received  the  reasoned  opinion  of  the  selection  panel  referred  to  in 
Article  14(3)  of  the  same  Regulation.  In  accordance  with  the  latter  provision,  the  selection 
panel should comprise twelve persons, to be appointed by the Council on a proposal from the 
Commission, and 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 should be 
proposed by the European Parliament. The mandate of the current members of the selection 
panel  expireds  on  9  October  2022,  in  accordance  with  Article  1  of  Council  Decision  (EU) 
2018/12755. 

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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) 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 
Council  Implementing  Decision  (EU)  2019/598  of  9  April  2019  on  the  transitional  rules  for  the 
appointment of European Prosecutors  for and during the  first  mandate  period, provided for in  Article 
16(4) of Regulation (EU) 2017/1939, OJ L 103, 12.4.2019, p. 29–30  
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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As  the  selection  panel  needs  to  be  renewed  in  order  to  carry  out  the  interviews  of  the 
candidates  nominated  by  the  Member  States  for  the  replacement  of  eight  European 
Prosecutors,  the  Commission  proposeds  a  Council  Decision  for  the  appointment  of  the 
members of the panel on 28 October 20226. After the adoption of the proposal, one of the 
members  proposed  by the  Commission  and  chosen from  among  high  level  prosecutors 
took up new functions at the Ministry of Justice. As a consequence, he ceased to qualify 
as a ‘high level prosecutor’, as required by Article 14(3) of Regulation (EU) 2017/1939. 
In  order  to  replace  the  proposed  member  who  has  become  ineligible,  the  Commission 
proposes another candidate chosen from among high level prosecutors. All the members 
proposed  with  this  amended  proposal  meet  the  above-mentioned  requirements  set  out  in 
Article 14(3) of Regulation (EU) 2017/1939. One of the persons chosen was proposed by the 
European Parliament on 7 June 2022. When proposing the twelve members of the selection 
panel,  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 EPPO was established by means of Regulation (EU) 2017/1939, which was adopted  on the 
basis  of  Article  86  TFEU.  The  EPPO  has  been  exercising  the  functions  attributed  to  it  by 
Regulation  (EU)  2017/1939  since  1  June  2021.  By  submitting  this  proposal  for  a  Council 
Decision  appointing  the  members  of  the  selection  panel,  the  Commission  is  complying  with  its 
obligation  under  Article  14(3)  of  Regulation  (EU)  2017/1939.  This  proposal  allows  for  the 
appointment of the new members of the selection panel, as the mandate of the current members is 
due  to  expired  on  9  October  2022,  in  accordance  with  Article  1  of  Council  Decision  (EU) 
2018/1275.  The  appointment  of  the  selection  panel  by  the  Council  would  then  allow  for  the 
launch  of  the  necessary  procedures  to  replace  eight  European  Prosecutors  in  2023  and,  when 
appropriate,  other  European  Prosecutors  and  the  European  Chief  Prosecutor.  This  proposal  is 
therefore consistent with the existing policy provisions in the respective policy area. 

• 

Consistency with other Union policies 

This proposal 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  proposal  for  the  appointment  of  the  members  of  the  selection  panel  provided  for  in 
Article 14(3) of Regulation (EU) 2017/1939 can only be made by the 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 

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Proposal for a Council Decision appointing the members of the selection panel provided for in Article 
14(3) of Regulation (EU) 2017/1939, COM(2022) 564 final 

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that the European Prosecutors and the European Chief Prosecutor can be replaced at the end 
of their mandate, thus ensuring continuity in the operational activities of the EPPO. 

• 

Choice of the instrument 

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

Ex-post evaluations/fitness checks of existing legislation 

Given  the  technical  nature  of  this  proposal  and  the  absence  of  discretion  on  the  Commission, 
which is complying with the obligation set out in Article 14(3) of Regulation (EU) 2017/1939, 
ex-post evaluations, stakeholder consultations and impact assessments 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 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 provides that the twelve persons listed therein should be appointed as members of the 
panel  provided  for  in  Article  14(3)  of  Regulation  (EU)  2017/1939  for  a  period  of  four  years 
from the date of entry into force referred to in Article 2. 

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2022/0350 (NLE) 

Amended proposal for a 

COUNCIL DECISION 

appointing the members of the selection 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’)7, and in particular Article 14(3) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

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The  European  Chief  Prosecutor  is  appointed  by  the  European  Parliament  and  the 
Council from among candidates selected by the selection panel provided for in Article 
14(3) of Regulation (EU) 2017/1939. The European Prosecutors are appointed by the 
Council  from  amongst  three  qualified  candidates  nominated  by  each  Member  State 
after having received a reasoned opinion from that selection panel.  
Pursuant to Article 3 of Council Implementing Decision (EU) 2019/5988, the mandate 
of the European Prosecutors from  eight  Member  States,  determined by drawing lots, 
should be of three years and should not be renewable. The mandate of these European 
Prosecutors will thus expire in July 2023. 

The  mandate  of  the  current  members  of  the  selection  panel  expireds  on  9  October 
2022,  in  accordance  with  Article  1  of  Council  Decision  (EU)  2018/12759.  New 
members are therefore to be appointed. 

The  selection  panel  is  to  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 selection panel members is to be proposed by the European Parliament. On 
7  June  2022,  the  European  Parliament  nominated  Ms  Margreet  Fröberg  as  the 
selection panel member. 

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 

OJ L 283, 31.10.2017, p. 1. 
Council  Implementing  Decision  (EU)  2019/598  of  9  April  2019  on  the  transitional  rules  for  the 
appointment of European Prosecutors  for and during the  first  mandate  period, provided for in  Article 
16(4) of Regulation (EU) 2017/1939, OJ L 103, 12.4.2019, p. 29–30.  
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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enhanced  cooperation  on  the  establishment  of  the  EPPO  for  the  membership  in  the 
selection panel. 

(7) 

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, six high level prosecutors and two members of national 
supreme courts, of which six men and five women. 

(8) 

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 selection panel provided 
for in Article 14(3) of Regulation (EU) 2017/1939: 

Article 1 

Mr Jean-François BOHNERT 

Mr Vítor Manuel DA SILVA CALDEIRA 

Mr Peter FRANK 

Ms Margreet FRÖBERG 

Ms Ulrike HABERL-SCHWARZ 

Ms María Ángeles GARRIDO LORENZO 

Ms Saale LAOS 

Mr Ján MAZÁK 

Mr Marin MRČELA 

Mr Lorenzo SALAZAR Antonio MURA 

Ms Martine SOLOVIEFF 

Ms Tuire TAMMINIEMI. 

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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