European Public Prosecutor's Office: Article-by-Article Commentary

ThIS commentary on the EPPO Regulation is intended to guide practitioners – within EPPO as well as in the national prosecution services and law enforcement agencies, courts, and law offices – in the interpretation of the Regulation. By providing an in-depth analysis of the intricate interplay of the Regulation’s provisions and their legal and practical context, it will also provide a valuable source for further academic research on individual aspects relating to the EPPO. In addition, the commentary will assist political decision-makers in assessing the practical implementation of the EPPO Regulation by clarifying its relations to national law and national judicial and law enforcement authorities.

Table of Contents:
CHAPTER I SUBJECT MATTER AND DEFINITIONS Article 1 Subject matter Article 2 Definitions CHAPTER II ESTABLISHMENT, TASKS AND BASIC PRINCIPLES OF THE EPPO Article 3 Establishment Article 4 Tasks Article 5 Basic principles of the activities Article 6 Independence and accountability Article 7 Reporting CHAPTER III STATUS, STRUCTURE AND ORGANISATION OF THE EPPO SECTION 1 Status and structure of the EPPO Article 8 Structure of the EPPO Article 9 The College Article 10 The Permanent Chambers Article 11 The European Chief Prosecutor and the Deputy European Chief Prosecutors Article 12 The European Prosecutors Article 13 The European Delegated Prosecutors SECTION 2 Appointment and dismissal of the members of the EPPO Article 14 Appointment and dismissal of the European Chief Prosecutor Article 15 Appointment and dismissal of the Deputy European Chief Prosecutors Article 16 Appointment and dismissal of the European Prosecutors Article 17 Appointment and dismissal of the European Delegated Prosecutors Article 18 Status of the Administrative Director Article 19 Responsibilities of the Administrative Director Article 20 Provisional administrative arrangements of the EPPO SECTION 3 Internal rules of procedure of the EPPO Article 21 Internal rules of procedure of the EPPO CHAPTER IV COMPETENCE AND EXERCISE OF THE COMPETENCE OF THE EPPO SECTION 1 Competence of the EPPO Article 22 Material competence of the EPPO Article 23 Territorial and personal competence of the EPPO SECTION 2 Exercise of the competence of the EPPO Article 24 Reporting, registration and verification of information Article 25 Exercise of the competence of the EPPO CHAPTER V RULES OF PROCEDURE ON INVESTIGATIONS, INVESTIGATION MEASURES, PROSECUTION AND ALTERNATIVES TO PROSECUTION SECTION 1 Rules on investigations Article 26 Initiation of investigations and allocation of competences within the EPPO Article 27 Right of evocation Article 28 Conducting the investigation Article 29 Lifting privileges or immunities SECTION 2 Rules on investigation measures and other measures Article 30 Investigation measures and other measures Article 31 Cross-border investigations Article 32 Enforcement of assigned measures Article 33 Pre-trial arrest and cross-border surrender SECTION 3 Rules on prosecution Article 34 Referrals and transfers of proceedings to the national authorities Article 35 Termination of the investigation Article 36 Prosecution before national Courts Article 37 Evidence Article 38 Disposition of confiscated assets SECTION 4 Rules on alternatives to prosecution Article 39 Dismissal of the case SECTION 5 Rules on simplified procedures Article 40 Simplified prosecution procedures CHAPTER VI PROCEDURAL SAFEGUARDS Article 41 Scope of the rights of the suspects and accused persons Article 42 Judicial review CHAPTER VII PROCESSING OF INFORMATION Article 43 Access to information by the EPPO Article 44 Case management system Article 45 Case files of the EPPO Article 46 Access to the case management system CHAPTER VIII DATA PROTECTION Introduction to Chapter VIII (Articles 47 to 89) [SECTION 1] [Principles] Article 47 Principles relating to processing of personal data Article 48 Administrative personal data Article 49 Processing of operational personal data Article 50 Time-limits for the storage of operational personal data Article 51 Distinction between different categories of data subjects Article 52 Distinction between operational personal data and verification of quality of personal data Article 53 Specific processing conditions Article 54 Transmission of operational personal data to institutions, bodies, offices and agencies of the Union Article 55 Processing of special categories of operational personal data Article 56 Automated individual decision-making, including profiling [SECTION 2] [Rights of the data subject] Article 57 Communication and modalities for exercising the rights of the data subject Article 58 Information to be made available or given to the data subject Article 59 Right of access by the data subject Article 60 Limitations of the right of access Article 61 Right to rectification or erasure of operational personal data and restriction of data processing Article 62 Exercise of rights by the data subject and verification by the European Data Protection Supervisor [SECTION 3] [Controller and processor] Article 63 Obligations of the EPPO Article 64 Joint controllers Article 65 Processor Article 66 Processing under the authority of the controller or processor Article 67 Data protection by design and by default Article 68 Records of categories of processing activities Article 69 Logging in respect of automated processing Article 70 Cooperation with the European Data Protection Supervisor Article 71 Data protection impact assessment Article 72 Prior consultation of the European Data Protection Supervisor [SECTION 4] [Security of personal data] Article 73 Security of processing of operational personal data Article 74 Notification of a personal data breach to the European Data Protection Supervisor Article 75 Communication of a personal data breach to the data subject Article 76 Authorised access to operational personal data within the EPPO [SECTION 5] [Data Protection Officer] Article 77 Designation of the Data Protection Officer Article 78 Position of the Data Protection Officer Article 79 Tasks of the data protection officer [SECTION 6] [Transfers of personal data to third countries or international organisations] Article 80 General principles for transfers of operational personal data Article 81 Transfers on the basis of an adequacy decision Article 82 Transfers subject to appropriate safeguards Article 83 Derogations for specific situations Article 84 Transfers of operational personal data to recipients established in third countries 535 [SECTION 7] [Tasks of the European Data Protection Supervisor] Article 85 Supervision by the European Data Protection Supervisor Article 86 Professional secrecy of the European Data Protection Supervisor Article 87 Cooperation between the European Data Protection Supervisor and national supervisory authorities Article 88 Right to lodge a complaint with the European Data Protection Supervisor Article 89 Right to judicial review against the European Data Protection Supervisor CHAPTER IX FINANCIAL AND STAFF PROVISIONS SECTION 1 Financial Provisions Article 90 Financial actors Article 91 Budget Article 92 Establishment of the budget Article 93 Implementation of the budget Article 94 Presentation of accounts and discharge Article 95 Financial rules SECTION 2 Staff Provisions Article 96 General provisions Article 97 Temporary agents and contract agents Article 98 Seconded national experts and other staff CHAPTER X PROVISIONS ON THE RELATIONS OF THE EPPO WITH ITS PARTNERS Article 99 Common provisions Article 100 Relations with Eurojust Article 101 Relations with OLAF Article 102 Relations with Europol Article 103 Relations with other institutions, bodies, offices and agencies of the Union Article 104 Relations with third countries and international organisations Article 105 Relations with Member States of the European Union which do not participate in enhanced cooperation on the establishment of the EPPO CHAPTER XII GENERAL PROVISIONS Article 106 Legal status and operating conditions Article 107 Language arrangements Article 108 Confidentiality and professional secrecy Article 109 Transparency Article 110 OLAF and the Court of Auditors Article 111 Rules on the protection of sensitive non-classified and classified information Article 112 Administrative inquiries Article 113 General regime of liability Article 114 Implementing rules and programme documents Article 115 Exercise of the delegation Article 116 Urgency procedure Article 117 Notifications Article 118 Review of the rules relating to the protection of natural persons with regard to the processing of personal data by the EPPO Article 119 Review clause Article 120 Entry into force COUNCIL REGULATION (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) DIRECTIVE (EU) 2017/1371 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law