Regulation 2017/1939 - Implementation of enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) - EU monitor

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Regulation 2017/1939 - Implementation of enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’)

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1.

Current status

This regulation has been published on October 31, 2017 and entered into force on November 20, 2017.

2.

Key information

official title

Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’)
 
Legal instrument Regulation
Number legal act Regulation 2017/1939
Original proposal COM(2013)534 EN
CELEX number i 32017R1939

3.

Key dates

Document 12-10-2017; Date of adoption
Publication in Official Journal 31-10-2017; OJ L 283 p. 1-71
Effect 01-01-1001; Application Partial application See Art 120.2
20-11-2017; Entry into force Date pub. +20 See Art 120.1
Deadline 20-11-2017; See Art 115.2
20-11-2020; At the earliest See Art 120.2
End of validity 31-12-9999

4.

Legislative text

31.10.2017   

EN

Official Journal of the European Union

L 283/1

 

COUNCIL REGULATION (EU) 2017/1939

of 12 October 2017

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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 86 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the notification by Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Germany, Finland, France, Greece, Lithuania, Luxembourg, Portugal, Romania, Slovakia, Slovenia and Spain, by which those Member States on 3 April 2017 notified the European Parliament, the Council and the Commission of their wish to establish enhanced cooperation on the basis of the draft Regulation,

Having regard to the consent of the European Parliament (1),

Acting in accordance with a special legislative procedure,

Whereas:

 

(1)

The Union has set itself the objective of establishing an area of freedom, security and justice.

 

(2)

The possibility of setting up the European Public Prosecutor’s Office (‘the EPPO’) is foreseen by the Treaty on the Functioning of the European Union (TFEU) in the Title concerning the area of freedom, security and justice.

 

(3)

Both the Union and the Member States of the European Union have an obligation to protect the Union’s financial interests against criminal offences, which generate significant financial damages every year. Yet, these offences are currently not always sufficiently investigated and prosecuted by the national criminal justice authorities.

 

(4)

On 17 July 2013, the Commission adopted a proposal for a Council Regulation on the establishment of the EPPO.

 

(5)

At its meeting of 7 February 2017, the Council registered the absence of unanimity on the draft Regulation.

 

(6)

In accordance with the second subparagraph of Article 86(1) TFEU, a group of seventeen Member States requested, by a letter of 14 February 2017, that the draft Regulation be referred to the European Council.

 

(7)

On 9 March 2017, the European Council discussed the draft Regulation and noted that there was disagreement within the meaning of the third subparagraph of Article 86(1) TFEU.

 

(8)

On 3 April 2017, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Finland, France, Germany, Greece, Lithuania, Luxembourg, Portugal, Romania, Slovakia, Slovenia and Spain notified the European Parliament, the Council and the Commission that they wished to establish enhanced cooperation on the establishment of the EPPO. Therefore, in accordance with the third subparagraph of Article 86(1) TFEU, the authorisation to proceed with enhanced cooperation referred to in Article 20(2) of the Treaty on European Union (TEU) and Article 329(1) TFEU is deemed to be granted and the provisions on enhanced cooperation apply as from 3 April 2017. In addition, respectively by letters of 19 April 2017, 1 June 2017, 9 June 2017 and 22 June 2017, Latvia, Estonia, Austria and Italy indicated their wish to participate in the establishment of the enhanced cooperation.

 

(9)

In accordance with Article 328(1) TFEU, when enhanced cooperation is being established it is to be open to all Member States of the European Union. It is also to be open to them at any other time, including with regard to an enhanced cooperation in progress subject to compliance with the acts already adopted within that framework. The Commission and the Member States which participate in enhanced cooperation on the establishment of the EPPO (the ‘Member States’) should ensure that they promote participation by as many Member States of the European Union as possible. This...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

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7.

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