Council of the
European Union
Brussels, 28 September 2020
(OR. en)
11063/20
LIMITE
EPPO 38
COPEN 255
FIN 653
GAF 43
CSC 249
NOTE
From:

General Secretariat of the Council

To:

Permanent Representatives Committee/Council

Subject:

State of play of the setting up of the EPPO

Delegations will find attached the above mentioned document.

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ANNEX
Non-paper from the Commission services and the European Public Prosecutor’s Office
(EPPO) on the state of play of the setting up of the EPPO
This document presents an update on the preparatory steps taken in relation to the establishment
process of the EPPO, as provided for by Council Regulation (EU) 2017/1939, highlighting the
progress made since June.
•

Interim Administrative Director: Following the resignation of the previous interim
Administrative Director, the Commission designated a new interim Administrative Director,
Mr Richard Sonnenschein, who took up his functions in June 2020.

•

European Prosecutors/EPPO College: On 29 July 2020, the Council Implementing
Decision appointing the 22 European Prosecutors was published in the Official Journal and
entered into force. The EPPO College is thus formed and should hold its first official meeting
on 28 September. Once the College will take up its duties, the Commission will cease to be
responsible for the administrative operation of the EPPO.

•

Appointment of the European Delegated Prosecutors (EDPs): Based on the number of
EDPs provided for in the Commission’s Draft Budget proposal for 2021, bilateral discussions
are ongoing between the European Chief Prosecutor and national authorities to determine the
required number of EDPs per each Member State (two at least). These discussions were
significantly slowed down due to the COVID-19 pandemic.

•

Staff recruitment: The recruitment of staff for the EPPO is on track. 70 staff budgeted for the
EPPO in 2020 (including the 22 European Prosecutors) are expected to be recruited before the
end of the year.

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•

Budget: For the 2021 draft budget, the Commission proposed EUR 37.7 million. This
proposal is being discussed by the Budgetary Authority.

•

Case Management System (CMS): The development of the EPPO CMS is ongoing and the
delivery date is expected in October 2020. In parallel, Member States’ connectivity is further
advancing.

•

Premises: The works on the EPPO premises located in the Tower B building (floors 1-5)
together with its Annex on the Kirchberg Plateau in Luxembourg have commenced in
January 2020 with the aim of being completed by November 2020. Due to some delays
because of the COVID-19 pandemic, the EPPO premises should be delivered in early 2021.
This has no impact on the start date since until delivery the EPPO staff can continue to work
at the transitional workplace in Luxembourg.

•

Delegated Act on personal data and data subjects: Article 49(3) of Regulation (EU)
2017/1939 empowers the Commission to adopt delegated acts to list the categories of
operational personal data and the categories of data subjects whose operational data may be
processed by the EPPO in the index of the EPPO’s Case Management System. The
Commission consulted the Article 20 Expert Group on a draft text for a Commission
Delegated Regulation on 8 May 2020 and the European Data Protection Supervisor on
3 July 2020 and published it for public feedback until 3 September 2020. The text is expected
to be adopted in October.

•

Cooperation with third countries/Council of Europe Conventions: At the last meeting of
the Working Party on Cooperation in Criminal Matters (COPEN) on this topic on
22 September 2020, the delegations agreed upon the text of the declaration for the notification
of the EPPO as a competent judicial authority for the purpose of the 1959 European
Convention on Mutual Assistance in Criminal Matters and its Protocols.

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•

Non-participating Member States: This matter was first discussed at the COPEN meeting
on 16 July 2020. These discussions continued at the COPEN meeting of 22 September 2020,
where the delegations agreed upon the paper drafted by the German Presidency on the
interpretation of the Directive on the European Investigation Order for the purpose of its
application between the EPPO and the competent authorities of non-participating Member
States.

•

Adaptations to the EPPO Regulation: The Article 20 Expert Group discussed on
30 June 2020 the state of play of the national implementation measures. It emerged that some
Member States have progressed and defined the elements necessary in their legislation to
accommodate the EPPO. However, for many Member States, not all the necessary legislation
has yet completed the legislative procedure. The Commission continues to monitor the legal
and administrative adaptations in the Member States that are needed to comply with the EPPO
Regulation.

•

PIF Directive: Directive (EU) 2017/1371 on the fight against fraud to the Union’s financial
interests by means of criminal law (PIF Directive) was due to be transposed on 6 July 2019.
The Commission is carrying out a transposition check. To date, 23 Member States notified the
Commission stating that they transposed the Directive completely, while three Member States
(two of them participating in the EPPO) stated that they transposed the Directive in part.
Denmark does not take part in the Directive. For those Member States that have not yet
notified full transposition, the Commission is pursuing the infringement procedures, also
mindful of their relevance for the decision on the EPPO’s start of operations.

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Council of the
European Union
Brussels, 4 November 2020
(OR. en)
11063/20
COR 1

EPPO 38
COPEN 255
FIN 653
GAF 43
CSC 249
NOTE
From:

General Secretariat of the Council

To:

Permanent Representatives Committee/Council

Subject:

State of play of the setting up of the EPPO

Document ST 11063/20 INIT should not bear the distribution marking "LIMITE".

11063/20 COR 1

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