Commission notice concerning the effects of Commission Decision (EU) 2026/1701 on Regulation (EU) 2017/1939 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office, which ceases to be an act under enhanced cooperation and becomes part of the acquis
Date: 2026-07-13
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: Community acquis, European Public Prosecutor's Office, Hungary, enhanced cooperation, fight against crime, fraud against the EU, judicial cooperation in criminal matters in the EU, operation of the Institutions, public prosecutor's department








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Official Journal of the European Union


EN
C series













C/2026/3792


13.7.2026







            COMMISSION NOTICE
         
concerning the effects of Commission Decision (EU) 2026/1701 on Regulation (EU) 2017/1939 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office, which ceases to be an act under enhanced cooperation and becomes part of the acquis
(C/2026/3792)

On 10 July 2026, the Commission adopted Decision (EU) 2026/1701 confirming the participation of Hungary in the enhanced cooperation on the establishment of the European Public Prosecutor’s Office (EPPO).
Regulation (EU) 2017/1939 implementing enhanced cooperation on the establishment of the EPPO was adopted by the Council on 12 October 2017 and entered into force on 20 November 2017.
The authorisation to proceed with an enhanced cooperation was deemed granted in accordance with the third subparagraph of Article 86(1) TFEU.
In accordance with Article 328(1) TFEU, enhanced cooperation is open to all Member States of the European Union.
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Finland, France, Germany, Greece, Italy, Latvia, Lithuania, Luxembourg, Portugal, Romania, Slovakia, Slovenia and Spain participated in the enhanced cooperation on the establishment of the EPPO as of the entry into force of Regulation (EU) 2017/1939 in October 2017.
The Netherlands (1) and Malta (2), as well as Poland (3) and Sweden (4), joined the enhanced cooperation on the establishment of the EPPO in 2018 and 2024, respectively.
Hungary notified the Commission of its intention to participate in the enhanced cooperation on the establishment of the EPPO on 29 May 2026.
On 2 August 2026, with the entry into force of Commission Decision (EU) 2026/1701 confirming the participation of Hungary in the enhanced cooperation on the establishment of the EPPO, the only Member States that do not participate in the enhanced cooperation established by Regulation (EU) 2017/1939 are Ireland and Denmark, which do not take part in measures adopted pursuant to Title V of Part Three of the TFEU by virtue of Protocols No 21 and No 22 to the Treaties, respectively.
As a consequence, Regulation (EU) 2017/1939, and all relevant implementing acts, cease to be acts under enhanced cooperation. In light of the above, the second sentence of Article 20(4) TEU no longer applies to those acts. Regulation (EU) 2017/1939 and all relevant implementing acts are therefore automatically part of the acquis which has to be accepted by candidate States for accession to the Union.
In accordance with Protocols No 21 and No 22 to the Treaties, respectively, Ireland and Denmark are neither bound by Regulation (EU) 2017/1939 and all relevant implementing acts nor subject to their application, without prejudice to the possibility for Ireland to notify its intention to the contrary under Article 4 of Protocol No 21.


(1)  Commission Decision (EU) 2018/1094 of 1 August 2018 confirming the participation of the Netherlands in the enhanced cooperation on the establishment of the European Public Prosecutor’s Office (OJ L 196, 2.8.2018, p. 1, ELI: http://data.europa.eu/eli/dec/2018/1094/oj).

(2)  Commission Decision (EU) 2018/1103 of 7 August 2018 confirming the participation of Malta in the enhanced cooperation on the establishment of the European Public Prosecutor’s Office (OJ L 201, 8.8.2018, p. 2, ELI: http://data.europa.eu/eli/dec/2018/1103/oj).

(3)  Commission Decision (EU) 2024/807 of 29 February 2024 confirming the participation of Poland in the enhanced cooperation on the establishment of the European Public Prosecutor’s Office (OJ L, 2024/807, 29.2.2024, ELI: http://data.europa.eu/eli/dec/2024/807/oj).

(4)  Commission Decision (EU) 2024/1952 of 16 July 2024 confirming the participation of Sweden in the enhanced cooperation on the establishment of the European Public Prosecutor’s Office (OJ L, 2024/1952, ELI: http://data.europa.eu/eli/dec/2024/1952/oj).


ELI: http://data.europa.eu/eli/C/2026/3792/oj
ISSN 1977-091X (electronic edition)