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EPPO��Regulation 2017/1939 European Public Prosecutor's Office

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Dick Heimans

DG Justice, European Commission

2018

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What is EPPO?

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    • Independent EU Prosecution Office

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    • Investigates, prosecutes and brings to judgement crimes against the EU budget (PIF Directive)

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    • Enhanced cooperation – 22 Member States so far

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Why do we need it? �

    • Greater effectiveness in the fight against PIF crimes
    • More coherence in the protection of the Union budget
    • Better recovery of misused EU funds

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EPPO Structure

    • EPPO as a single office across the (participating) Member States
    • HQ in Luxembourg but EPPO Prosecutors located in the Member States
    • Role of HQ: Supervising investigations and prosecutions, taking certain operational decisions
    • EPPO at MS level: European Delegated Prosecutors investigate, prosecute, and bring to judgement before competent national courts

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EPPO Geographic Range

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Material Competence – PIF Crimes

    • PIF crimes: crimes against the EU budget, e.g. fraud, corruption, money laundering or complex VAT carousels (all defined in the PIF Directive).

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    • Organised crime, if the focus of the criminal activity is to commit a PIF crime

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    • Inextricably linked offences

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    • Shared competence EPPO - MS

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Territorial and personal competence

    • Territoriality Principle

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    • Personality Principle - committed outside its territory, provided that a MS has jurisdiction for such offences

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    • EU Official - Offences committed outside the territories of point 1) by an EU official, provided that a MS has jurisdiction for such offences

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    • Broad interpretation of these conditions

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Key elements of the EPPO Regulation

    • Investigations and prosecutions

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    • Procedural safeguards

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    • Judicial review

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    • Relations with partners, including Third Countries

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Relationship with third countries

Step-by-step approach

    • 1) Working arrangements and contact points
    • 2) EPPO recognised as a ''competent authority'' in existing multilateral treaties
    • 3) In absence of multilateral agreements, recognition and notification of the EPPO as a competent authority
    • 4) ‘double hat’ option EDP
    • 5) Reciprocity

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Added value of the EPPO

    • Only judicial actor at EU level to fight these crimes

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    • Speed! Dedicated single office, helicopter view, expertise, coherent prosecution policy, recovery, more justice

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    • But - not all 28 MS on board, lack of harmonised procedural law, language issues? needs to be tested?

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Outlook

    • Build-up phase and aim to set up by end 2020

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      • Recruitment, Rules of Procedure, EPPO Case Management System, Training, Logistics etc.

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    • Transposition of PIF Directive

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    • Adaptation at MS level to EPPO reality

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    • Relations with partners (conclusion of arrangements and agreements)

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