EPPO-LEX

The legal research library on the European Public Prosecutor's Office

Art. 10 EPPO Regulation

Relevant iRoP and other annotations

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= EPPO-Regulation

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= Relevant iRoP and other annotations

Article 10     |     The Permanent Chambers

1. The Permanent Chambers shall be chaired by the European Chief Prosecutor or one of the Deputy European Chief Prosecutors, or a European Prosecutor appointed as Chair in accordance with the internal rules of procedure of the EPPO. In addition to the Chair, the Permanent Chambers shall have two permanent Members. The number of Permanent Chambers, and their composition, as well as the division of competences between the Chambers, shall take due account of the functional needs of the EPPO and be determined in accordance with the internal rules of procedure of the EPPO.

The internal rules of procedure of the EPPO shall ensure an equal distribution of workload on the basis of a system of random allocation of cases and shall, in exceptional cases, establish procedures, where necessary for the proper functioning of the EPPO, to allow the European Chief Prosecutor to decide to deviate from the principle of random allocation.

Article 15  |  Decision on the Permanent Chambers

1. The number of the Permanent Chambers, as well as the division of competences between the Permanent Chambers and the allocation of cases, shall be determined by a decision on the creation of the Permanent Chambers and the allocation of cases (hereinafter the “decision on the Permanent Chambers”) adopted by the College on a proposal by the European Chief Prosecutor.

2. The European Chief Prosecutor’s proposal shall be accompanied by an explanatory note.

3. The Decision on the Permanent Chambers shall establish the procedural arrangements for the meetings of the Permanent Chambers.

4. The decision on the Permanent Chambers shall be published in the Official Journal and on the website of the EPPO.

Article 16  |  Composition

1. The composition of each Permanent Chamber shall be determined by a decision (hereinafter the “decision on the composition of the Permanent Chambers”) of the College, upon a proposal of the European Chief Prosecutor.

2. Each European Prosecutor shall be a permanent member of at least one Permanent Chamber.

3. The assignment of a European Prosecutor as a permanent member of more than one Permanent Chamber shall be duly justified taking into account the workload of that European Prosecutor.

4. The decision on the composition of the Permanent Chambers shall take into account the current and expected workload of the European Prosecutors and the need to ensure the efficient functioning of the EPPO.

Article 17  |  Designation of the Chairs

1. The European Chief Prosecutor or a Deputy European Chief Prosecutor shall chair the Permanent Chambers of which they are permanent members.

2. Outside the case contemplated in paragraph 1, the Chair shall be designated by the decision on the composition of the Chamber.

Article 18  |  Temporary replacement of a Chair

– as amended by College Decision 026/2022 effective 30 August 2022

1. If it becomes necessary to replace a Chair of a Permanent Chamber on account of his/her temporary inability to discharge his/her duties, the European Chief Prosecutor shall determine, in consultation with the Deputy European Chief Prosecutors, appropriate arrangements in derogation to the decision on the composition of the Permanent Chambers. The arrangements shall take into account the need to ensure continuity in the operations of the Permanent Chambers.

2. The duration of these temporary arrangements shall be determined by the European Chief Prosecutor.

3. These measures shall be communicated to the College and enter into force immediately.

Article 19  |  Allocation of cases 

– as amended by College Decision 085/2021 and by College Decision 026/2022 effective 30 August 2022

1. The decision on the Permanent Chambers shall establish a system for the allocation of cases to the Permanent Chambers. The system shall be based on a random and automatic allocation of cases to Permanent Chambers, whose permanent members do not include the supervising European Prosecutor, according to the order of registration of each new case and shall ensure an even distribution of workload among the Permanent Chambers. The case shall be randomly allocated immediately after its registration to a Permanent Chamber. For the purpose of evocation, the case shall be randomly allocated to a Permanent Chamber that has a meeting scheduled between the third and the fifth day from the registration of the case.

2. The system set out in paragraph 1 shall be designed in such way as to exclude the possibility of allocating a case to a Permanent Chamber of which the supervising European Prosecutor is a permanent member.

3. The decision on the Permanent Chambers may further contain rules to ensure the efficient functioning of the EPPO and an equal distribution of workload between the Permanent Chambers, allowing the European Chief Prosecutor to exceptionally take measures if the workload of one Permanent Chamber significantly exceeds that of the others. These measures may include, inter alia, the temporary suspension of the attribution of new cases to a Permanent Chamber for a determined period of time. The European Chief Prosecutor shall inform the College of any such measure taken.

4. By derogation from the principle of random and automatic allocation and for the purpose of ensuring the efficient functioning of the EPPO, the decision on the Permanent Chambers may provide that certain categories of cases, based in particular on the type of offence under investigation or the circumstances of the offence, are assigned to a specific Permanent Chamber.

Article 20  |  Competence over a specific case and reallocation

– as amended by College Decision 026/2022 effective 30 August 2022

1. Once a case has been allocated to a Permanent Chamber, it shall remain competent to monitor and direct the investigations and prosecutions related to that case, until the matter has been finally disposed of. This is without prejudice to the application of the rules on reallocation of cases between Permanent Chambers in accordance with Article 51.

2. The European Chief Prosecutor may, on his/her own initiative or upon request of a Permanent Chamber, after consultation of the Permanent Chamber to which a case had been assigned, reallocate the case to a different Permanent Chamber when there are links between individual cases assigned to different Permanent Chambers, or when the subject matter is repetitive.

3. The European Chief Prosecutor may also reallocate a case to a Permanent Chamber identified in accordance with Article 19(4), either on his/her own initiative or upon request of a Permanent Chamber, after the consultation of the Permanent Chamber to which it had been initially allocated, if such case should have been initially allocated to the specialised Permanent Chamber in application of the Decision on the Permanent Chambers, or if the need for reallocation emerges in the course of the criminal proceedings.

4. Exceptionally, where imperative grounds of urgency so require, the European Chief Prosecutor may temporarily reallocate a case to another Permanent Chamber, for a period not exceeding 10 days. The European Chief Prosecutor may, in a reasoned decision, extend the temporary reallocation for the same period of time. Once this period has expired, the temporary reallocation shall end and the case shall return under the competence of the Permanent Chamber to which it was previously allocated.

5. The European Chief Prosecutor shall inform the College of any measure taken in accordance with paragraph 2, stating the reasons for the reallocation.

Article 22  |  Reporting obligations

– as amended by College Decision 026/2022 effective 30 August 2022

1. Every year the Chair of each Permanent Chamber, after the consultation of the permanent members, shall submit a written report to the College on the activities of the Permanent Chamber. A template of such report, as well as the deadline for submission, shall be established by the European Chief Prosecutor.

2. The report provided for in paragraph 1 shall contain at least information on the following: 

a) workload of the Permanent Chamber, including the number of incoming cases, the number and type of decisions taken; 

b) grounds for dismissal of cases in accordance with Article 39(1 )(a–g) of the Regulation; 

c) decisions taken to apply a simplified prosecution procedure in accordance with Article 40 of the Regulation; 

d) decisions taken in accordance with Articles 27(8), 34(2) and 34(3) of the Regulation; 

e) application of the written procedure in accordance with Article 24; 

f) any other matter related to the activities of the Permanent Chamber, which is considered to have a horizontal impact on the operational activities of the EPPO.

Article 23  |  Organisation of the meetings

– as amended by College Decision 026/2022 effective 30 August 2022

1. Meetings of the Permanent Chambers shall be held in accordance with an agenda, indicating specifically the cases to be treated, the decision to be taken and the issues to be discussed in relation to each case.

2. The Chair of the Permanent Chamber shall set the agenda. Additional items shall be added to the agenda upon request of a permanent member. The Chair shall circulate the agenda to the members of the Permanent Chamber and to the supervising European Prosecutor in charge of each case included on the agenda.

3. The Chair of the Permanent Chamber may invite the persons indicated in Article 10(9), second subparagraph, of the Regulation, or any relevant member of the staff of the EPPO, to submit comments in writing within a specified deadline.

4. A Permanent Chamber may deliberate on an item in the agenda only if the permanent members and the relevant supervising European Prosecutor attend the meeting, either in person or with the modalities set out in paragraph 6.

5. By derogation from paragraph 4, if a permanent member cannot attend the meeting, in person or with the modalities set out in paragraph 6, a decision on an item in the agenda may be taken by those present.

6. The meetings of the Permanent Chamber shall take place at the premises of the EPPO. Whenever the circumstances so require, the Chair may convene meetings of the Permanent Chamber by videoconference. If the physical presence of one or more members of the Permanent Chamber, or of any other person invited to attend a meeting is not possible, they may attend remotely.

7. The Chair may designate a member of the Permanent Chamber or the supervising European Prosecutor to report on an item included on the agenda of the meeting.

8. Minutes of each meeting of the Permanent Chambers shall be drawn up under the responsibility of the Chair of the Permanent Chamber and shall be registered in the Case Management System.

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See College Decision 015/2020 on the EPPO’s Permanent Chambers, which has been slightly amended by Art. 2 of College Decision 085/2021. The EPPO has published a consolidated version for information purposes.

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See also College Decision 027/2022 amending the decision on the functions and procedures of the Permanent Chambers.

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See also College Decision 028/2022 on planning of meetings and business continuity of the Permanent Chambers.

2. The Permanent Chambers shall monitor and direct the investigations and prosecutions conducted by the European Delegated Prosecutors in accordance with paragraphs 3, 4 and 5 of this Article. They shall also ensure the coordination of investigations and prosecutions in cross-border cases, and shall ensure the implementation of decisions taken by the College in accordance with Article 9(2).

Article 20  |  Competence over a specific case and reallocation

– as amended by College Decision 026/2022 effective 30 August 2022

1. Once a case has been allocated to a Permanent Chamber, it shall remain competent to monitor and direct the investigations and prosecutions related to that case, until the matter has been finally disposed of. This is without prejudice to the application of the rules on reallocation of cases between Permanent Chambers in accordance with Article 51.

2. The European Chief Prosecutor may, on his/her own initiative or upon request of a Permanent Chamber, after consultation of the Permanent Chamber to which a case had been assigned, reallocate the case to a different Permanent Chamber when there are links between individual cases assigned to different Permanent Chambers, or when the subject matter is repetitive.

3. The European Chief Prosecutor may also reallocate a case to a Permanent Chamber identified in accordance with Article 19(4), either on his/her own initiative or upon request of a Permanent Chamber, after the consultation of the Permanent Chamber to which it had been initially allocated, if such case should have been initially allocated to the specialised Permanent Chamber in application of the Decision on the Permanent Chambers, or if the need for reallocation emerges in the course of the criminal proceedings.

4. Exceptionally, where imperative grounds of urgency so require, the European Chief Prosecutor may temporarily reallocate a case to another Permanent Chamber, for a period not exceeding 10 days. The European Chief Prosecutor may, in a reasoned decision, extend the temporary reallocation for the same period of time. Once this period has expired, the temporary reallocation shall end and the case shall return under the competence of the Permanent Chamber to which it was previously allocated.

5. The European Chief Prosecutor shall inform the College of any measure taken in accordance with paragraph 2, stating the reasons for the reallocation.

Article 45  |  Monitoring of the investigations

– as amended by College Decision 026/2022 effective 30 August 2022

1. After a case is opened, the Case Management System shall assign it randomly for monitoring to a Permanent Chamber whose permanent members do not include the supervising European Prosecutor, in accordance with Article 19.

2. The monitoring Permanent Chamber, including any one of its permanent members and the supervising European Prosecutor, shall at any time have access to the information from the case file as stored in the Case Management System. When indispensable for taking a decision, the Permanent Chamber may ask the supervising European Prosecutor to ensure the transmission to the Central Office of the original item(s), whose copies are not yet, or are not able to be stored in their original form in the Case Management System and are not held in the Central Office. The item(s) shall be returned without undue delay once the purpose for which it was requested by the Permanent Chamber has been achieved.

3. Without prejudice to the reporting obligations under Article 44, the Permanent Chamber or the supervising European Prosecutor may at any time request a European Delegated Prosecutor to provide information on an ongoing investigation or prosecution.

4. The Permanent Chamber shall review the investigation periodically, according to a timetable established by the Chair, or at any moment at the request of one of its permanent members, the supervising European Prosecutor or the handling European Delegated Prosecutor.

5. At any point during the investigation, the handling European Delegated Prosecutor can request the assistance of a member of the staff of the EPPO.

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See College Decision 027/2022 amending the decision on the functions and procedures of the Permanent Chambers.

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See also College Decision 028/2022 on planning of meetings and business continuity of the Permanent Chambers.

3. In accordance with the conditions and procedures set out by this Regulation, where applicable after reviewing a draft decision proposed by the handling European Delegated Prosecutor, the Permanent Chambers shall decide on the following issues:

(a) to bring a case to judgment in accordance with Article 36(1), (3) and (4);

(b) to dismiss a case in accordance with point (a) to (g) of Article 39(1);

(c) to apply a simplified prosecution procedure and to instruct the European Delegated Prosecutor to act with a view to finally dispose of the case in accordance with Article 40;

(d) to refer a case to the national authorities in accordance with Article 34(1), (2), (3) or (6);

(e) to reopen an investigation in accordance with Article 39(2).

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See College Decision 027/2022 amending the decision on the functions and procedures of the Permanent Chambers.

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See also College Decision 028/2022 on planning of meetings and business continuity of the Permanent Chambers.

4. Where necessary, the Permanent Chambers shall take the following decisions, in accordance with the conditions and procedures set out in this Regulation:

(a) to instruct the European Delegated Prosecutor to initiate an investigation in accordance with the rules in Article 26(1) to (4) where no investigation has been initiated;

(b) to instruct the European Delegated Prosecutor to exercise the right of evocation in accordance with Article 27(6) where the case has not been evoked;

(c) to refer to the College strategic matters or general issues arising from individual cases in accordance with Article 9(2);

(d) to allocate a case in accordance with Article 26(3);

(e) to reallocate a case in accordance with Article 26(5) or 28(3);

(f) to approve the decision of a European Prosecutor to conduct the investigation himself or herself in accordance with Article 28(4).

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See College Decision 027/2022 amending the decision on the functions and procedures of the Permanent Chambers.

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See also College Decision 028/2022 on planning of meetings and business continuity of the Permanent Chambers.

5. The competent Permanent Chamber, acting through the European Prosecutor who is supervising the investigation or the prosecution, may in a specific case give instructions in compliance with applicable national law to the handling European Delegated Prosecutor, where it is necessary for the efficient handling of the investigation or prosecution, in the interest of justice, or to ensure the coherent functioning of the EPPO.

Article 46  |  Directing of the investigations

– as amended by College Decision 026/2022 effective 30 August 2022

1. Instructions to the handling European Delegated Prosecutors in accordance with Article 10(5) and 12(3) of the Regulation may concern taking or refraining from taking specific measures.

2. The instructions may establish an obligation for the handling European Delegated Prosecutor to report on the corresponding follow-up.

3. Where instructions in accordance with Article 10(5) of the Regulation are envisaged, the Chair of the Permanent Chamber shall circulate a draft of the instructions or delegate a member of the Permanent Chamber or the supervising European Prosecutor to do so.

4. The instructions shall be entered in the Case Management System which shall automatically notify the concerned European Delegated Prosecutor.

5. The supervising European Prosecutor shall ensure the European Delegated Prosecutor complies with the instructions. If the supervising European Prosecutor considers that the handling European Delegated Prosecutor failed to follow instructions, he/she shall request clarifications and inform the Permanent Chamber, where necessary submitting a proposal in accordance with Article 28(3)(b) of the Regulation.

Article 47  |  Review of the instructions of the Permanent Chambers

1. When a European Delegated Prosecutor deems that the implementation of an instruction received by the monitoring Permanent Chamber would be contrary to Union law, including the Regulation, or applicable national law, he/she shall immediately inform the Permanent Chamber, proposing to amend or revoke the instructions received. The monitoring Permanent Chamber shall decide without undue delay on this request, after consulting the supervising European Prosecutor.

2. When the Permanent Chamber denies such a request, the European Delegated Prosecutor may submit a request for review to the European Chief Prosecutor. The chair of the monitoring Permanent Chamber may submit observations to the European Chief Prosecutor. The European Chief Prosecutor shall assign the request to a different Permanent Chamber, who shall take a final decision on the instruction with the participation of the supervising European Prosecutor.

Article 60  |  Representation in court

(…)

3. The Permanent Chamber may issue instructions to the European Delegated Prosecutor or the European Prosecutor in accordance with Article 10(5) of the Regulation.

(…)

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See College Decision 027/2022 amending the decision on the functions and procedures of the Permanent Chambers.

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See also College Decision 028/2022 on planning of meetings and business continuity of the Permanent Chambers.

6. The Permanent Chamber shall take decisions by simple majority. The Chamber shall vote at the request of any of its members. Each member shall have one vote. The Chair shall have a casting vote in the event of a tie vote. Decisions shall be taken after deliberation in meetings of the Chamber on the basis, where applicable, of the draft decision proposed by the handling European Delegated Prosecutor.

quill

See College Decision 015/2020 on the EPPO’s Permanent Chambers, which has been slightly amended by Art. 2 of College Decision 085/2021. The EPPO has published a consolidated version for information purposes.

quill

See College Decision 027/2022 amending the decision on the functions and procedures of the Permanent Chambers.

quill

See also College Decision 028/2022 on planning of meetings and business continuity of the Permanent Chambers.

All case material shall be accessible upon request to the competent Permanent Chamber for the purpose of preparing decisions.

Article 45  |  Monitoring of the investigations

(…)

2. The monitoring Permanent Chamber, including any one of its permanent members and the supervising European Prosecutor, shall at any time have access to the information from the case file as stored in the Case Management System. When indispensable for taking a decision, the Permanent Chamber may ask the supervising European Prosecutor to ensure the transmission to the Central Office of the original item(s), whose copies are not yet, or are not able to be stored in their original form in the Case Management System and are not held in the Central Office. The item(s) shall be returned without undue delay once the purpose for which it was requested by the Permanent Chamber has been achieved.

(…)

 

7. The Permanent Chambers may decide to delegate their decision-making power under point (a) or (b) of paragraph 3 of this Article, and in the latter case only in respect of the rules set out in points (a) to (f) of Article 39(1) to the European Prosecutor supervising the case in accordance with Article 12(1) where such delegations can be duly justified with reference to the degree of seriousness of the offence or the complexity of the proceedings in the individual case, with regard to an offence that has caused or is likely to cause damage to the financial interests of the Union of less than EUR 100 000. The internal rules of procedure of the EPPO shall set guidelines with a view to ensuring a consistent application within the EPPO.

The Permanent Chamber shall inform the European Chief Prosecutor of any decision to delegate their decision-making power. On reception of that information, the European Chief Prosecutor may within 3 days request the Permanent Chamber to review its decision if the European Chief Prosecutor considers that the interest to ensure the coherence of the investigations and prosecutions of the EPPO so requires. If the European Chief Prosecutor is a Member of the relevant Permanent Chamber, one of the Deputy European Chief Prosecutors shall exercise the right to request the said review. The supervising European Prosecutor shall report to the Permanent Chamber about the final disposal of the case as well as any information or circumstance he/she deems to be likely to necessitate a new assessment of the opportunity to maintain the delegation, in particular in circumstances referred to in Article 36(3).

The decision to delegate decision-making power may be withdrawn at any time on the request of one of the Members of the Permanent Chamber and shall be decided in accordance with paragraph 6 of this Article. A delegation shall be withdrawn when a European Delegated Prosecutor has substituted the European Prosecutor in accordance with Article 16(7).

To ensure coherent application of the principle of delegation, each Permanent Chamber shall report annually to the College on the use of delegation.

Article 55  |  Delegation of powers to conclude cases

1. The Permanent Chamber may decide to delegate its decision-making power in accordance with Article 10(7) of the Regulation at any stage before the termination of the investigation. The decision may not be taken by written procedure. The decision shall be registered in the Case Management System and notified to the European Chief Prosecutor. If the European Chief Prosecutor is a member of the relevant Permanent Chamber, the Deputy European Chief Prosecutors shall be notified about the decision.

2. The request for review of this decision in accordance with Article 10(7), second subparagraph of the Regulation shall be communicated forthwith by the Case Management System to the supervising European Prosecutor and the handling European Delegated Prosecutor, who shall refrain thereafter from any act which may impair the effectiveness of the review.

3. The matter shall be decided by the Permanent Chamber without undue delay. The European Chief Prosecutor or, as the case may be, the Deputy European Chief Prosecutor, who has submitted the request, may attend the meeting of the Permanent Chamber on this matter. The College shall be notified of the request and of the outcome of the review procedure.

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See on the functions and procedures of the Permanent Chambers in this respect: Annex to College Decision 027/2022, in particular its section III.4

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See also College Decision 028/2022 on planning of meetings and business continuity of the Permanent Chambers.

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See on the EPPO’s guidelines for the delegation of decision making competences to the supervising European Prosecutor: Annex II of College Decision 023/2020

8. The internal rules of procedure of the EPPO shall authorise the Permanent Chambers to take decisions by means of a written procedure to be laid down in detail in the internal rules of procedure of the EPPO.

All decisions taken and instructions given in accordance with paragraphs 3, 4, 5 and 7 shall be recorded in writing and become part of the case file.

Article 24  |  Written procedure

1. The Permanent Chamber may act by way of a written procedure:

a) when called to take a decision to dismiss a case in accordance with Article 39 (1) (a) – (d) of the Regulation or to refer it to the national authorities in accordance with Article 34 of the Regulation.

b) when the decision to be taken is of limited complexity, including by reason of its content or repetitive nature, or because of the link with previous decisions already taken in the same case.

2. When acting in accordance with the written procedure, the draft decision shall be communicated via the Case Management System to all permanent members of the Permanent Chamber, to the supervising European Prosecutor.

3. If no objection is lodged by a permanent member of the Permanent Chamber or by the supervising European Prosecutor, within a deadline determined by the Chair not shorter than three days, the decision shall be deemed to have been adopted.

Article 56  |  Termination of the investigation

(…)

5. When the European Delegated Prosecutor submits a draft decision proposing to bring a case to judgement or to apply a simplified prosecution procedure, the decision of the Permanent Chamber cannot be adopted by written procedure.

(…)

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See College Decision 027/2022 amending the decision on the functions and procedures of the Permanent Chambers.

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See also College Decision 028/2022 on planning of meetings and business continuity of the Permanent Chambers.

9. In addition to the permanent Members, the European Prosecutor who is supervising an investigation or a prosecution in accordance with Article 12(1) shall participate in the deliberations of the Permanent Chamber. The European Prosecutor shall have a right to vote, except as regards the Permanent Chamber’s decisions on delegation or withdrawal of delegation in accordance with paragraph 7 of this Article, on allocation and reallocation under Article 26(3), (4) and (5) and Article 27(6) and on bringing a case to judgment in accordance with Article 36(3), where more than one Member State has jurisdiction for the case, as well as situations described in Article 31(8).

A Permanent Chamber may also, either at the request of a European Prosecutor or a European Delegated Prosecutor or on its own initiative, invite other European Prosecutors or European Delegated Prosecutors who are concerned by a case to attend its meetings without a right to vote.

quill

See College Decision 015/2020 on the EPPO’s Permanent Chambers, which has been slightly amended by Art. 2 of College Decision 085/2021. The EPPO has published a consolidated version for information purposes.

quill

See also College Decision 027/2022 amending the decision on the functions and procedures of the Permanent Chambers.

quill

See also College Decision 028/2022 on planning of meetings and business continuity of the Permanent Chambers.

10. The Chairs of the Permanent Chambers shall, in accordance with the internal rules of procedure of the EPPO, keep the College informed of the decisions taken pursuant to this Article, in order to enable the College to fulfil its role under Article 9(2).

Article 5  |  Exercise of general oversight

1. For the purpose of Article 9(2) of the Regulation, the College may at any time request information on the activities of the EPPO, in addition to the information to be provided in accordance with the Regulation.

2. Information on general issues arising from individual cases shall be provided to the College anonymised and only to the extent required for the purpose of Article 9(2) of the Regulation.

Article 21  |  Information to the College

1. The Chair of each Permanent Chamber shall inform the College in writing, for the purposes of Article 5 and with the modalities described in that Article, about issues arising from the work of the Chamber that may be of relevance for the work of the EPPO as a whole, or in relation to the coherence, efficiency and consistency of the prosecution policy of the EPPO.

2. Each Permanent Chamber, acting through its chair, may submit to the College a written proposal for discussion of specific issues related to the implementation of the prosecution policy of the EPPO or other relevant guidelines concerning specific issues arising from the work of the Permanent Chamber.

Recital 37 of the EPPO Regulation

(37) A Permanent Chamber should be able to delegate its decision-making power to the supervising European Prosecutor in specific cases where an offence is not serious or the proceedings are not complex. When assessing the degree of seriousness of an offence, account should be taken of its repercussions at Union level.

Recital 28 Sentence 3 of the EPPO Regulation

(28) (…) They should act as liaison between the central office and the decentralised level in their Member States, facilitating the functioning of the EPPO as a single office. (…)

Recital 36 of the EPPO Regulation

(36) The Permanent Chambers should exercise their decision-making power at specific steps of the proceedings of the EPPO with a view to ensuring a common investigation and prosecution policy. They should adopt decisions on the basis of a draft decision proposed by the handling European Delegated Prosecutor. However, in exceptional cases, a Permanent Chamber should be able to adopt a decision without a draft decision of the handling European Delegated Prosecutor. In such cases, the European Prosecutor supervising the case may present such a draft decision.

Recital 25 of the EPPO Regulation

(25) The Permanent Chambers should monitor and direct investigations and ensure the coherence of the activities of the EPPO. The composition of Permanent Chambers should be determined in accordance with the internal rules of procedure of the EPPO, which should allow, among other things, for a European Prosecutor to be a member of more than one Permanent Chamber where this is appropriate to ensure, to the extent possible, an even workload between individual European Prosecutors.

Recitals 25, 26, 27 of the EPPO Regulation

(25) The Permanent Chambers should monitor and direct investigations and ensure the coherence of the activities of the EPPO. The composition of Permanent Chambers should be determined in accordance with the internal rules of procedure of the EPPO, which should allow, among other things, for a European Prosecutor to be a member of more than one Permanent Chamber where this is appropriate to ensure, to the extent possible, an even workload between individual European Prosecutors.

(26) Permanent Chambers should be chaired by the European Chief Prosecutor, one of the deputy European Chief Prosecutors or a European Prosecutor, in accordance with principles laid down in the internal rules of procedure of the EPPO.

(27) The allocation of cases between the Permanent Chambers should be based on a system of a random distribution so as to ensure, to the extent possible, an equal division of workload. Deviations from this principle should be possible to ensure the proper and efficient functioning of the EPPO on a decision by the European Chief Prosecutor.

Full-text search

Access to information by the EPPO  |  Article 43
Access to the case management system  |  Article 46
Administrative Director Status, appointment  |  Article 18
Administrative Director Responsiilities  |  Article 19
Administrative personal data  |  Article 48
Annual Reports of the EPPO  |  Article 7
Appointment and dismissal – Administrative Director  |  Article 18
Appointment and dismissal – European Delegated Prosecutors  |  Article 17
Appointment and dismissal – Deputy European Chief Prosecutors  |  Article 15
Appointment and dismissal – European Chief Prosecutors  |  Article 14
Appointment and dismissal – European Prosecutors  |  Article 16
Authorized access to operational personal data within the EPPO  |  Article 76
Automated individual decision-making, including profiling (data protection)  |  Article 56
Basic principles of the activities of the EPPO  |  Article 5
Budget  |  Article 91
Case files of the EPPO  |  Article 45
Case management system  |  Article 44
College  |  Article 9
Communication and modalities for exercising the rights of the data subject  |  Article 57
Communication of a personal data breach to the data subject  |  Article 75
Conducting the investigation  |  Article 28
Confidentiality and professional secrecy  |  Article 108
Cooperation between the EDPS and national supervisory authorities  |  Article 87
Cross-border investigations  |  Article 31
Data protection by design and by default (data protection)  |  Article 67
Data protection impact assessment  |  Article 71
Data Protection Officer of the EPPO – Designation of the data protection officer  |  Article 77
Data Protection Officer of the EPPO – Position of the data protection officer  |  Article 78
Data Protection Officer of the EPPO – Tasks of the data protection officer  |  Article 79
Definitions  |  Article 2
Delegated Commision Acts  |  Article 115
Deputy European Chief Prosecutors – Status and functions  |  Article 11
Deputy European Chief Prosecutors – Appointment and dismissal  |  Article 15
Dismissal of the case  |  Article 39
Disposition of confiscated assets  |  Article 38
Distinction between different categories of data subjects  |  Article 51
Distinction between personal data and verification of quality of personal data  |  Article 52
Enforcement of assigned measures  |  Article 32
Entry into force of the Regulation  |  Article 120
Establishment of the EPPO  |  Article 3
Establishment of the budget  |  Article 92
European Chief Prosecutor – Status and functions  |  Article 11
European Chief Prosecutor – Conditions of employment  |  Article 14
European Chief Prosecutor – Conditions of employment  |  Article 96(1)
European Data Protection Supervisor – Cooperation with the EDPS  |  Article 70
European Data Protection Supervisor – Prior consultation of the EDPS  |  Article 72
European Data Protection Supervisor – Notification of a personal data breach to the EDPS  |  Article 74
European Delegated Prosecutors – Status and functions  |  Article 13
European Delegated Prosecutors – Appointment and dismissal  |  Article 17
European Delegated Prosecutors – Conditions of employment  |  Article 96(6)
European Ombudsman  |  Article 112
European Prosecutors – Status and functions  |  Article 12
European Prosecutors – Appointment and dismissal  |  Article 16
European Prosecutors – Conditions of employment  |  Article 96(1)
Evidence  |  Article 37
Exercise of rights by the data subject and verification by the European Data Protection Supervisor  |  Article 62
Exercise of the competence of the EPPO  |  Article 25
Financial actors  |  Article 90
Financial rules  |  Article 95
Staff provisions – general principles  |  Article 96
General regime of liability  |  Article 113
Implementation of the budget  |  Article 93
Implementing rules and programme documents  |  Article 114
Independence and accountability  |  Article 6
Information to be made available or given to the data subject  |  Article 58
Initiation of investigations and allocation of competences within the EPPO  |  Article 26
Internal rules of procedure of the EPPO  |  Article 21
Joint controllers (data protection)  |  Article 64
Judicial review  |  Article 42
Language arrangements  |  Article 107
Legal status and operating conditions  |  Article 106
Lifting priviliges or immunities  |  Article 29
Limitations of the right of access (data protection)  |  Article 60
Logging in respect of automated processing (data protection)  |  Article 69
Material competence of the EPPO  |  Article 22
Notifications by Member States  |  Article 117
Obligations of the EPPO (data protection)  |  Article 63
OLAF and the Court of Auditors  |  Article 110
Permanent Chambers  |  Article 10
Pre-trial arrest and cross-border surrender  |  Article 33
Presentation of accounts and discharge  |  Article 94
Principles relating to processing of personal data  |  Article 47
Processing of operational personal data  |  Article 49
Processing of spedial categories of operational personal data  |  Article 55
Processing under the authority of the controller or processor  |  Article 66
Processor (data protection)  |  Article 65
Professional secrecy of the EDPS  |  Article 86
Prosecution before national Courts  |  Article 36
Provisional administrative arrangements of the EPPO  |  Article 20
Records of categories of processing activities (data protection)  |  Article 68
Referrals and transfers of proceedings to the national authorities  |  Article 34
Relations of the EPPO with its partners – Common provisions  |  Article 99
Relations of the EPPO with its partners – Eurojust  |  Article 100
Relations of the EPPO with its partners – Europol  |  Article 102
Relations of the EPPO with its partners – Non-participating Member States  |  Article 105
Relations of the EPPO with its partners – OLAF  |  Article 101
Relations of the EPPO with its partners – Institutions, bodies, offices and agencies of the Union  |  Article 103
Relations of the EPPO with its partners – Third countries and international organisation  |  Article 104
Reporting, registration and verification of information  |  Article 24
Review clause  |  Article 119
Review of the rules on data protection  |  Article 118
Right of evocation  |  Article 27
Right to judicial review against the EDPS  |  Article 89
Right to lodge a compliant with the EDPS  |  Article 88
Right to rectification or erasure of operational personal data and restriction of data processing  |  Article 61
Rights of access by the data subject  |  Article 59
Rules on investigation measures and other measures  |  Article 30
Rules on protection of sensitive non-classified and classified information  |  Article 111
Scope of the rights of the suspects and accused persons  |  Article 41
Seconded experts and other staff  |  Article 98
Security of processing of operational personal data  |  Article 73
Simplified prosecution procedures  |  Article 40
Specific processing conditions (data protection)  |  Article 53
Structure of the EPPO  |  Article 8
Subject matter  |  Article 1
Supervision by the European Data Protection Supervisor  |  Article 85
Tasks of the EPPO  |  Article 4
Temporary agents and contract agents  |  Article 98
Termination of the investigation  |  Article 35
Territorial and personal competence of the EPPO  |  Article 23
Time-limits for the storage of operational personal data  |  Article 50
Transfers of operational personal data – General principles for transfers of operational personal data  |  Article 80
Transfers of operational personal data – Transfers on the basis of an adequacy decision  |  Article 81
Transfers of operational personal data – Transfers subject to appropriate safeguards  |  Article 82
Transfers of operational personal data – Derogations for specific situations  |  Article 83
Transfers of operational personal data – Transfers to recipients established in third countries  |  Article 84
Transmission of operational personal data to institutions, bodes, offices and agencies of the Union  |  Article 54
Transparency  |  Article 109
Urgency procedure in case of Delegated Commission Acts  |  Article 116

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 priviliges or immunities

Section 2 … Rules on investigation measures and other measures

Article 30  … Investigation measures and other measures

Article 31  … Cross-boder 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

[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 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 spedial 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 availiable or given to the data subject

Article 59 … Rights 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 European Data Protection Supervisor

 [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

 [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 compliant 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 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 XI … 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 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 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

Annex