1939 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) - Main contents

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dossier	COM(2025)69 - Amendment of Council Implementing Decision 2018/1696 on the operating rules of the selection panel provided for in Article ...
source	COM(2025)69
date	03-03-2025

1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

Regulation (EU) 2017/1939 ¹ implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (EPPO) was adopted on 12 October 2017 and entered into force on 20 November 2017. The EPPO assumed the investigative and prosecutorial tasks conferred on it by such Regulation on 1 June 2021. The EPPO is responsible for investigating, prosecuting and bringing to judgment the perpetrators of, and accomplices to, criminal offences affecting the Union’s financial interests which are provided for in Directive (EU) 2017/1371 ² and determined by Regulation (EU) 2017/1939. In accordance with Article 8 of Regulation (EU) 2017/1939, the EPPO Central Office consists of, amongst others, the European Chief Prosecutor and the European Prosecutors.

Article 14 of Regulation (EU) 2017/1939 regulates the appointment and dismissal of the European Chief Prosecutor, who is appointed by common accord of the European Parliament and the Council. In accordance with Article 14 i of Regulation (EU) 2017/1939, the selection is based on an open call for candidates, following which a selection panel draws up a shortlist of qualified candidates to be submitted to the European Parliament and the Council. Article 14 i of Regulation (EU) 2017/1939 also provides that the Council is to establish the selection panel’s operating rules on a proposal from the Commission.

On 13 July 2018, the Council adopted, upon proposal of the Commission, Council Implementing Decision (EU) 2018/1696 on the operating rules of the selection panel ³ , which were subsequently amended by Council Implementing Decision (EU) 2020/1008 ⁴ and Council Implementing Decision (EU) 2023/134 ⁵ . On 17 January 2023, the Council appointed the members of the selection panel ⁶ .

On 14 October 2019, the European Parliament and the Council appointed the first European Chief Prosecutor of the EPPO ⁷ . In accordance with Article 14(1) of Regulation (EU) 2017/1939, the European Chief Prosecutor was appointed for a non-renewable period of seven years, starting as of 31 October 2019. The European Chief Prosecutor will therefore have to be replaced by October 2026.

In accordance with Rule III of the operating rules of the selection panel, the Commission is responsible for the selection panel’s secretariat. The secretariat provides the administrative support necessary for the working of the selection panel, including the translation of documents. Rule V of the operating rules of the selection panel provides that, as soon as the applications for the position of the European Chief Prosecutor have been received, the selection panel’s secretariat should send them to all the members of the selection panel.

In accordance with Rule VI.1, upon receipt of the candidates’ applications, the selection panel should review such applications with regard to the requirements set out in Article 14(2) of Regulation (EU) 2017/1939, as further specified in the call, rank the candidates and hear a sufficient number of the highest ranked candidates with a view to establishing a shortlist of candidates. The secretariat should then transmit the shortlist of qualified candidates for the position of European Chief Prosecutor to the European Parliament and the Council.

Neither Regulation (EU) 2017/1939 nor the operating rules specify which authority is responsible for the drafting, the adoption and the publication of the open call for candidates for the position of European Chief Prosecutor. To this end, a clarification in Rule VI on the procedure for the appointment of the European Chief Prosecutor is appropriate.

Therefore, the aim of this proposal is to clarify that the Commission, which is responsible for the selection panel’s secretariat, should also be responsible for the drafting, the adoption and the publication of the open call for candidates. It should be noted that the Commission prepared and published the first open call for the position of European Chief Prosecutor.

Given that the European Chief Prosecutor is appointed jointly by the European Parliament and the Council, the Commission should consult these two institutions, at the appropriate level, on the draft open call before its publication.

• Consistency with existing policy provisions in the policy area

The EPPO was established by means of Regulation (EU) 2017/1939, which was adopted on the basis of Article 86 TFEU. By submitting this proposal for an amendment of Council Implementing Decision (EU) 2018/1696, as amended by Council Implementing Decision (EU) 2020/1008 and Council Implementing Decision (EU) 2023/134, the Commission is complying with its obligations under Articles 14 i of Regulation (EU) 2017/1939. This proposal will enable to carry out the selection and appointment procedures of the European Chief Prosecutor in an efficient way and clarify the role of the Commission in such procedures, while respecting the prerogatives of the European Parliament and the Council. This proposal is therefore consistent with existing policy provisions in the policy area.

• Consistency with other Union policies

This initiative is consistent with other Union policies aimed at strengthening the protection of the Union’s financial interests.

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Legal basis

The proposal is based on Article 14 i of Regulation (EU) 2017/1939.

• Subsidiarity (for non-exclusive competence)

The amendment of the operating rules of the selection panel provided for in Article 14 i of Regulation (EU) 2017/1939 can only be done by the Council on a proposal from the Commission and is thus an exclusive competence by nature, which is not subject to the principle of subsidiarity.

• Proportionality

This proposal is limited to what is necessary in order to attain the proposed objectives and is therefore compliant with the principle of proportionality. This proposal is essential in ensuring the effectiveness and legality of the nomination and appointment procedures of the European Chief Prosecutor.

• Choice of the instrument

Article 14 i of Regulation (EU) 2017/1939 provides that the Council is to establish the selection panel’s operating rules on a proposal from the Commission. The operating rules were adopted by means of Council Implementing Decision (EU) 2018/1696. The choice of the proposed instrument is therefore required by the existing legislation on the matter.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

Given the technical nature of this proposal and its very limited impact, ex-post evaluations, stakeholder consultations and impact assessments were not carried out.

4. BUDGETARY IMPLICATIONS

The proposal has no budgetary implications.

5. OTHER ELEMENTS

• Implementation plans and monitoring, evaluation and reporting arrangements

Given the nature of this measure, there is no need for implementation plans and monitoring nor for evaluation and reporting arrangements.

• Detailed explanation of the specific provisions of the proposal

Article 1 would amend the operating rules so as to clarify that the Commission is the institution responsible for drafting, adopting and publishing in the Official Journal of the European Union the open call for candidates for the position of European Chief Prosecutor, after consulting the European Parliament and the Council at the appropriate level. As the current operating rules do not specify which authority is responsible for this purpose, this amendment aims to clarify this important step of the selection and appointment procedure of the European Chief Prosecutor.