= EPPO-Regulation
= Annotations
Article 2 | Definitions
For the purposes of this Regulation, the following definitions apply:
(1) ‘Member State’ means, except where otherwise indicated, in particular in Chapter VIII, a Member State which participates in enhanced cooperation on the establishment of the EPPO, as deemed to be authorised in accordance with the third subparagraph of Article 86 (1) TFEU, or by virtue of a decision adopted in accordance with the second or third subparagraph of Article 331(1) TFEU;
(2) ‘person’ means any natural or legal person;
(3) ‘financial interests of the Union’ means all revenues, expenditures and assets covered by, acquired through, or due to the Union budget and the budgets of the institutions, bodies, offices and agencies established under the Treaties and budgets managed and monitored by them;
(4) ‘staff of the EPPO’ means the personnel at the central level who supports the College, the Permanent Chambers, the European Chief Prosecutor, the European Prosecutors, the European Delegated Prosecutors and the Administrative Director in the day-to-day activities in the performance of the tasks of this Office under this Regulation;
(5) ‘handling European Delegated Prosecutor’ means a European Delegated Prosecutor responsible for the investigations and prosecutions, which he/she has initiated, which have been allocated to him/her or which he/she has taken over using the right of evocation according to Article 27;
(6) ‘assisting European Delegated Prosecutor’ means a European Delegated Prosecutor located in a Member State, other than the Member State of the handling European Delegated Prosecutor, where an investigation or other measure assigned to him/her is to be carried out;
(7) ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
(8) ‘processing’ means any operation or set of operations which are performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
(9) ‘restriction of processing’ means the marking of stored personal data with the aim of limiting their processing in the future;
(10) ‘profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;
(11) ‘pseudonymisation’ means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person;
(12) ‘filing system’ means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis;
(13) ‘controller’ means the EPPO or another competent authority which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union law or the law of a Member State of the European Union, the controller or the specific criteria for its nomination may be provided for by Union law or the law of a Member State of the European Union;
(14) ‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;
(15) ‘recipient’ means a natural or legal person, public authority, agency or any other body to which the personal data are disclosed, whether a third party or not. However, Member States of the European Unions’ public authorities other than competent authorities defined in point 7(a) of Article 3 of Directive (EU) 2016/680, which receive personal data in the framework of a particular inquiry of the EPPO shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing;
(16) ‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;
(17) ‘administrative personal data’ means all personal data processed by the EPPO apart from operational personal data;
(18) ‘operational personal data’ means all personal data processed by the EPPO for the purposes laid down in Article 49;
(19) ‘genetic data’ means personal data relating to the inherited or acquired genetic characteristics of a natural person which give unique information about the physiology or the health of that natural person and which result, in particular, from an analysis of a biological sample from the natural person in question;
(20) ‘biometric data’ means personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data;
(21) ‘data concerning health’ means personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his/her health status;
(22) ‘supervisory authority’ means an independent public authority which is established by a Member State of the European Union pursuant to Article 51 of Regulation (EU) 2016/679 of the European Parliament and of the Council¹) or pursuant to Article 41 of Directive (EU) 2016/680;
(23) ‘international organisation’ means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries.
¹) Regulation (EU) 2016/679 of the European Parliament and the of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation (OJ L 119, 4.5.2016, p. 1).
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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
Chapter II … Establishment, tasks and basic principles of the EPPO
Article 5 … Basic principles of the activities
Article 6 … Independence and accountability
Chapter III … Status, structure and organisation of the EPPO
Section 1 … Status and structure of the EPPO
Article 8 … Structure of the EPPO
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 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
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 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
[Section 3 … Controller and processor]
Article 63 … Obligations of the EPPO
Article 64 … Joint controllers
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
[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 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 92 … Establishment of the budget
Article 93 … Implementation of the budget
Article 94 … Presentation of accounts and discharge
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
Chapter XI … General provisions
Article 106 … Legal status and operating conditions
Article 107 … Language arrangements
Article 108 … Confidentiality and professional secrecy
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