Debate: Extension of the mandate of the EPPO with regard to the criminal offence of  violation of Union restrictive measures
Date: WEDNESDAY, 14 JUNE 2023
Speaker: Juan Fernando López Aguilar
Country: Germany
Language: EN

You know how it’s like: ever since Putin’s regime – Russian President Vladimir Putin – launched his war of aggression against neighbouring Ukraine, we from the European Parliament, the European Union, have done everything in our hands in order to show not only solidarity but also active support to Ukraine and Ukrainians. As to the military dimension, which is beyond our jurisdiction, there is little to say, but as to the humanitarian dimension, of course, we’ve supported all the way the final activation of Temporary Protection Directive, we’ve supported the solidarity effort, we’ve called for action, for the European Commission to coordinate that solidarity in order to prevent human trafficking on the borders of the neighbouring countries. We have supported, under the legal and criminal dimension of the conflict, every effort to put in place joint investigating teams to cooperate with the public prosecutor of the International Criminal Court in The Hague. Finally, we agreed to set in motion an urgent procedure as to a new piece of legislation initiated by yourself, Commissioner Reynders, to put in place the extension, within the ambit of Article 83 of the Treaty of Functioning of European Union, defining the so—called ‘EU crimes’, the crimes which are listed as relevant EU crimes, the violation of EU restrictive measures, that is to add that violation to the list of EU crimes. The first step allowed the Commission to draw on the directive’s proposal to harmonise across the European Union the definition – that is the purpose – and the common penalties, definition and penalties regarding this new EU crime. We are currently working on this proposal in the European Parliament, and we are going to adopt swiftly, that’s for sure, a mandate in order to allow as soon as possible that the prosecution and conviction of the violation of restrictive measures is finally set forth throughout the EU.  Nevertheless, we are also aware that investigation and prosecution of such crimes will mostly remain the responsibility of Member States and their national laws. Very few violators of EU restrictive measures are actually held accountable. The reason is that many Member States do not show sufficient priority to list those crimes. That inconsistent enforcement of restrictive measures undermines its effectiveness. It is really regretful, actually, a shame that the European Public Prosecutor cannot prosecute such crimes so far. Indeed, they are related to the protection of financial interests of the EU. That is the jurisdiction of the European Public Prosecutor. By now, under the so—called PIF, the Protection of Financial Interests of the European Union Directive, of which I was rapporteur and for which the European Public Prosecutor is competent, the European Public Prosecutor has already proven its efficacy in investigating and prosecuting crimes falling under its mandate. It’s there. It’s in action. It’s been there for almost two years now. This new so—called Union Agency for Law Enforcement. A great success! We are proud of its delivery. So it is time for the European Union to act in this regard. That is why this European Parliament is resolved to act, but the institutional set—up so far has limited that role of the European Public Prosecutor in this field of action. We therefore ask the Commission and the Council the following questions. First, do you agree that extending the competence of the European Public Prosecutor to include the crime of violation of Union restrictive measures would help ensure that crimes are investigated and prosecuted in a homogeneous and more efficient way across the European Union? Second, do the Council and the Commission support the initiative of several Member States, numbering nine by now, to this effect? Third, what actions will the Commission and the Council take to this end? I am looking forward to your responses and reactions – Council, the Swedish Presidency, the Commission and Commissioner Reynders.