EUROPEAN COMMISSION

Brussels, 20.2.2019
C(2019) 1418 final
Mr Paul VAN MEENEN
Chair of the standing committee
on Security and Justice
Tweede Kamer
Postbus 20018
NL – 2500 EA DEN HAAG

cc.

Ms Khadija ARIB
President of the Tweede Kamer
Postbus 20018
NL – 2500 EA DEN HAAG

Dear Chair,
The Commission would like to thank the Tweede Kamer for its Opinion on the
Communication from the Commission to the European Parliament and the European
Council – A Europe that protects: an initiative to extend the competences of the
European Public Prosecutor’s Office to cross-border terrorist crimes
{COM(2018) 641 final}.
The Communication outlines the Commission’s vision as regards the possible future role
of the European Public Prosecutor’s Office in the area of terrorist crimes, which remain
one of the most significant challenges of our time. This Communication forms part of a
broader package of measures aimed at completing the Security Union and thus
enhancing the security of European citizens, while being conscious of the fact that some
measures will take more time to be implemented than others.
The Commission is of the view that combatting terrorist crimes in particular is a longterm challenge which requires a comprehensive and strengthened Union response. The
European Public Prosecutor’s Office, as the only Union body with the power to conduct
criminal investigations and prosecute criminal offences, is ideally suited to establish a
Union approach in the fight against terrorism, encompassing all steps starting from
investigating, prosecuting and ending with bringing the perpetrators of terrorist crimes
to justice.
Article 86(4) of the Treaty on the Functioning for the European Union provides for the
possibility to extend the competences of the European Public Prosecutor’s Office. This
process follows a two-step approach, requiring an unanimous decision by the European
Council to amend Article 86(1 and 2) of the Treaty on the Functioning for the European
Union, and, secondly, a legislative proposal to amend Regulation (EU) 2017/19391 so as
to extend the competences of the European Public Prosecutor’s Office. The term
“unanimity” in Article 86(4) of the Treaty on the Functioning of the European Union

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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.

refers not only to the Member States that participate in the European Public
Prosecutor’s Office, but includes all Member States. When amending the Regulation, it
would not be possible to have a variable geometry within the European Public
Prosecutor’s Office in a way that Member States would participate in different parts of
its competence. This means that all participating Member States would have to accept
not only the extended competence of the European Public Prosecutor’s Office but also
the initial one as currently set out in Article 22 of Regulation (EU) 2017/1939.
It is of note in this respect that crimes affecting the Union budget are often linked to
serious crimes with a cross-border dimension, including terrorist but also financial
crimes, such as money laundering. These crimes pose serious threats to the security of
the Union and its citizens.
With regard to Eurojust and Europol, they play a vital role in the fight against serious
cross-border crimes, including terrorism, within the scope of their respective mandates.
The future relationship between the European Public Prosecutor’s Office and these
European Union bodies should be strong and close, aimed at creating synergies.
The Commission would also like to underline that a debate on the extension of the
competences of the European Public Prosecutor’s Office does not, as such, impact the
current set up process of the European Public Prosecutor’s Office and the Commission’s
efforts to make the Office operational by the end of 2020. In this respect, the Commission
would like to inform the Tweede Kamer that good progress is being made in the setting
up of the European Public Prosecutor’s Office.
The Commission hopes that the clarifications provided in this reply address the issues
raised by the Tweede Kamer and looks forward to continuing the political dialogue in the
future.
Yours faithfully,

Frans Timmermans
First Vice-President

Vĕra Jourová
Member of the Commission

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