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Commission Implementing Decision (EU) 2021/856 of 25 May 2021 determining the date on which the European Public Prosecutor’s Office assumes its investigative and prosecutorial tasks

In forceVersion 2021-05-25from 2021-05-28
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Contents
  1. Preamble
    1. Article 1
    2. Article 2

THE EUROPEAN COMMISSION,

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), and in particular Article 120(2), second subparagraph thereof,

Whereas:

(1) In accordance with Article 120(2), second subparagraph, of Regulation (EU) 2017/1939, the EPPO is to assume the investigative and prosecutorial tasks conferred on it by that Regulation on a date set by a decision of the Commission on a proposal of the European Chief Prosecutor once the EPPO is set up.

(2) On 7 April 2021, the European Chief Prosecutor proposed to the Commission that the EPPO should assume its investigative and prosecutorial tasks on 1 June 2021.

(3) The EPPO is an indivisible Union body operating as one single Office with a decentralised structure. Its central level consists of the College, the Permanent Chambers, the European Chief Prosecutor, the Deputy European Chief Prosecutors, the European Prosecutors and the Administrative Director. The European Chief Prosecutor, the European Prosecutors, the Deputy European Chief Prosecutors, and the Administrative Director of the EPPO were appointed with decisions adopted, respectively, on 23 October 2019, 27 July 2020, 11 November 2020, and 20 January 2021. The College was constituted on 28 September 2020. In accordance with Article 21(2) of Regulation (EU) 2017/1939, the College adopted the internal rules of procedure of the EPPO on 12 October 2020. The College adopted, pursuant to Article 10(1), first subparagraph, of Regulation (EU) 2017/1939, the rules on the Permanent Chambers on 25 November 2020. The staff of the EPPO as defined in Article 2(4) of Regulation (EU) 2017/1939 is in place.

(4) The decentralised level of the EPPO consists of the European Delegated Prosecutors located in the Member States that participate in the enhanced cooperation on the establishment of the EPPO (Member States). The College adopted, pursuant to Article 114(c) of Regulation (EU) 2017/1939, the rules on conditions of employment of the European Delegated Prosecutors on 29 September 2020. At least two European Delegated Prosecutors should be appointed for each Member State before 1 June 2021. On the date of adoption of this Decision, the EPPO had already appointed at least two European Delegated Prosecutors per Member State, with the exception of Finland and Slovenia. The reasonable period for the Member States to nominate their candidates for the post of European Delegated Prosecutor has already expired. This situation should not prevent the effective start of operations of the EPPO, taking into account the possibility for the European Prosecutor of the Member States concerned to conduct the investigation personally in those Member States, with all the powers, responsibilities and obligations of a European Delegated Prosecutor, in accordance with Article 28(4) of Regulation (EU) 2017/1939.

(5) The EPPO has been granted an autonomous budget in accordance with the Multiannual Financial Framework for the years 2021 to 2027 guaranteeing its full autonomy and independence.

(6) In accordance with Article 44(1) of Regulation (EU) 2017/1939, the EPPO’s Case Management System is established and functions at central and decentralised levels. The Annex to that Regulation, introduced by Commission Delegated Regulation (EU) 2020/2153, lists the categories of operational personal data and the categories of data subjects whose operational personal data may be processed in the index of case files by the EPPO.

(7) In accordance with Article 78(5) of Regulation (EU) 2017/1939, the College adopted the rules concerning the Data Protection Officer of the EPPO on 21 October 2020. The College adopted the rules concerning the processing of personal data by the EPPO on 28 October 2020. In accordance with Article 25 of Regulation (EU) 2018/1725 of the European Parliament and of the Council, the College adopted the internal rules concerning restrictions of certain data-subject rights in relation to the processing of administrative personal data in the framework of activities carried out by the EPPO on 21 October 2020.

(8) In accordance with Article 95 of Regulation (EU) 2017/1939, the College adopted the financial rules applicable to the EPPO on 13 January 2021.

(9) In accordance with Article 106(2) of Regulation (EU) 2017/1939, the EPPO and the Grand Duchy of Luxembourg concluded a Headquarters Agreement on 27 November 2020. The premises of the Central Office in Luxembourg have been made available to the EPPO.

(10) In accordance with Article 107(2) of Regulation (EU) 2017/1939, the College adopted the internal language arrangements of the EPPO on 30 September 2020.

(11) In accordance with Article 109(2) of Regulation (EU) 2017/1939, the College adopted the rules on public access to documents of the EPPO on 21 October 2020.

(12) All Member States notified the Commission of the adoption of the measures for the transposition into national law of Directive (EU) 2017/1371 of the European Parliament and the Council and have generally put in place other appropriate measures to ensure that the EPPO can start its operational work.

(13) The conditions laid down in Article 120(2), second subparagraph, of Regulation (EU) 2017/1939 thus being fulfilled, the EPPO is set up and ready to assume its investigative and prosecutorial tasks. It is therefore necessary to determine the date on which the EPPO is to assume those tasks.

(14) In accordance with Article 120(2), third subparagraph, of Regulation (EU) 2017/1939 that date should not be earlier than three years after the date of entry into force of that Regulation. As Regulation (EU) 2017/1939 entered into force on 20 November 2017, that date should not be before 20 November 2020.

(15) In accordance with Article 120(2), first and fourth subparagraphs, of Regulation (EU) 2017/1939, the EPPO is to exercise its competence with regard to any offence within its competence committed after 20 November 2017 or, for the Member States that joined the enhanced cooperation by virtue of a decision adopted in accordance with Article 331(1) TFEU, the date indicated in the decision concerned,

HAS ADOPTED THIS DECISION:

Article 1

The European Public Prosecutor’s Office shall assume the investigative and prosecutorial tasks conferred on it by Regulation (EU) 2017/1939 on 1 June 2021.

Article 2

This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

Done at Brussels, 25 May 2021. For the Commission The President Ursula von der Leyen

Versions

  1. 2021-05-25

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