EPPO-LEX

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

Art. 26 EPPO Regulation

Relevant iRoP and other annotations

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= EPPO-Regulation

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= Relevant iRoP and other annotations

Article 26     |     Initiation of investigations and allocation of competences within the EPPO

1. Where, in accordance with the applicable national law, there are reasonable grounds to believe that an offence within the competence of the EPPO is being or has been committed, a European Delegated Prosecutor in a Member State which according to its national law has jurisdiction over the offence shall, without prejudice to the rules set out in Article 25(2) and (3), initiate an investigation and note this in the case management system.

Article 41  |  Decision to initiate an investigation or to evoke a case 

(as amended by College Decision 085/2021)

1. Where, following the verification, the EPPO decides to exercise its competence by initiating an investigation or evoking a case, a case file shall be opened and it shall be assigned an identification number in the index of the case files (hereinafter the Index). A permanent link to the related registration under Article 38(1) above shall be automatically created by the Case Management System.

2. The corresponding reference in the Index shall contain, to the extent available:

a) As regards suspected or accused persons in the criminal proceedings of the EPPO or persons convicted following the criminal proceedings of the EPPO,

i. surname, maiden name, given names and any alias or assumed names;

ii. date and place of birth;

iii. nationality;

iv. sex;

v. place of residence, profession and whereabouts of the person concerned,

vi. social security numbers, ID-codes, driving licences, identification documents, passport data, customs and tax identification numbers;

vii. description of the alleged offences, including the date on which they were committed;

viii. category of the offences, including the existence of inextricably linked offences;

ix. the amount of the estimated damages;

x. suspected membership of a criminal organisation;

xi. details of accounts held with banks and other financial institutions;

xii. telephone numbers, SIM-card numbers, email addresses, IP addresses, and account and user names used on online platforms;

xiii. vehicle registration data;

xiv. identifiable assets owned or utilised by the person, such as crypto-assets and real estate.

xv. information whether potential privileges or immunities may apply.

b) as regards natural persons who reported or are victims of offences that fall within the competence of the EPPO,

i. surname, maiden name, given names and any alias or assumed names;

ii. date and place of birth;

iii. nationality;

iv. sex;

v. place of residence, profession and whereabouts of the person concerned;

vi. ID-codes, identification documents, and passport data;

vii. description and nature of the offences involving or reported by the person concerned, the date on which the offences were committed and the criminal category of the offences.

c) as regards contacts or associates of one of the persons referred to in point (a) above,

i. surname, maiden name, given names and any alias or assumed names;

ii. date and place of birth;

iii. nationality;

iv. sex;

v. place of residence, profession and whereabouts of the person concerned;

vi. ID-codes, identification documents, and passport data.

The categories of personal data referred to above under points (a)(x)-(xv) shall be entered in the Index only to the extent practicable, taking into account the operational interest and available resources. The reference in the Index shall be maintained up to date during the investigation of a  case file. The Case Management System shall periodically notify the European Prosecutor and the European Delegated Prosecutor concerned if certain categories of information are not entered in the Index.

3. The Case Management System shall notify the supervising European Prosecutor, the Permanent Chamber, and the European Chief Prosecutor.

4. Where the handling European Delegated Prosecutor, or the European Prosecutor conducting the investigation pursuant to Article 28(4) of the Regulation, considers that in order to preserve the integrity of the investigation it is necessary to temporarily defer the obligation to inform the authorities referred to in Articles 25(5), 26(2) and 26(7) of the Regulation, he/she shall inform the monitoring Permanent Chamber without delay. The latter may object to this decision and instruct the European Delegated Prosecutor or, where applicable, the European Prosecutor acting pursuant Article 28(4) of the Regulation, to proceed with the relevant notification immediately.

quill

See Annex I to IV of College Decision 029/2021 on the EPPO’s investigation and evocation policy, amended by College Decision 007/2022. The EPPO has published a consolidated version for information purposes.

quill

See on the functions and procedures of the Permanent Chambers in this respect: Annex to College Decision 027/2022, in particular its section III.1

2. Where upon verification in accordance with Article 24(6), the EPPO decides to initiate an investigation, it shall without undue delay inform the authority that reported the criminal conduct in accordance with Article 24(1) or (2).

3. Where no investigation has been initiated by a European Delegated Prosecutor, the Permanent Chamber to which the case has been allocated shall, under the conditions set out in paragraph 1, instruct a European Delegated Prosecutor to initiate an investigation.

Article 42  |  Decision not to initiate an investigation or not to evoke a case

(as amended by College Decision 085/2021)

1. Where, following the verification, the European Delegated Prosecutor considers not to initiate an investigation or not to evoke a case, he/she shall record the reasons in the Register. The consideration shall be notified to the assigning European Prosecutor and its review shall be assigned to the competent Permanent Chamber.

2. If the College has adopted general guidelines allowing the European Delegated Prosecutors to decide, independently and without undue delay, not to evoke cases concerning specific types of offences, the review of the European Delegated Prosecutor’s decision shall be conducted according to the rules prescribed by those guidelines.

3. The Permanent Chamber, if it feels it is appropriate, may ask for assistance from the staff of the EPPO to further inform their decision.

4. The Permanent Chamber’s review of the consideration not to evoke a case shall be conducted before the expiration of the deadline prescribed by Article 27(1) of the Regulation. The review of the consideration not to initiate an investigation shall be conducted no later than 20 days following the assignment to the Permanent Chamber. The Permanent Chamber may request the European Chief Prosecutor to extend the time available for the review.

5. If the Permanent Chamber instructs the European Delegated Prosecutor to start an investigation or to evoke the case, the European Delegated Prosecutor shall act in accordance with Article 41.

6. If the Permanent Chamber does not instruct the European Delegated Prosecutor before the expiration of the time limit for the review, the consideration of the European Delegated Prosecutor shall be deemed as accepted. Where possible, the authority or person, who reported the criminal conduct shall be notified of the decision.

7. If the decision not to start an investigation is based on the fact that the reported criminal conduct falls outside the competence of the EPPO, the originally received information, along with, where permissible, any information discovered during the verification by the EPPO, shall be referred to the competent national authorities

4. A case shall as a rule be initiated and handled by a European Delegated Prosecutor from the Member State where the focus of the criminal activity is or, if several connected offences within the competences of the EPPO have been committed, the Member State where the bulk of the offences has been committed. A European Delegated Prosecutor of a different Member State that has jurisdiction for the case may only initiate or be instructed by the competent Permanent Chamber to initiate an investigation where a deviation from the rule set out in the previous sentence is duly justified, taking into account the following criteria, in order of priority:

(a) the place of the suspect’s or accused person’s habitual residence;

(b) the nationality of the suspect or accused person;

(c) the place where the main financial damage has occurred.

5. Until a decision to prosecute under Article 36 is taken, the competent Permanent Chamber may, in a case concerning the jurisdiction of more than one Member State and after consultation with the European Prosecutors and/or European Delegated Prosecutors concerned, decide to:

(a) reallocate the case to a European Delegated Prosecutor in another Member State;

(b) merge or split cases and, for each case choose the European Delegated Prosecutor handling it,

if such decisions are in the general interest of justice and in accordance with the criteria for the choice of the handling European Delegated Prosecutor in accordance with paragraph 4 of this Article.

Article 50  |  Reallocation of a case to a European Delegated Prosecutor in another Member State

1. The handling European Delegated Prosecutor, the supervising European Prosecutor or any permanent member of the monitoring Permanent Chamber may propose for a case to be reallocated to a European Delegated Prosecutor in another Member State in accordance with Article 26(5) of the Regulation.

2. The Permanent Chamber may invite the European Prosecutor from the Member State where the case is proposed to be reallocated to, to attend its meeting and may request written observations from the European Delegated Prosecutors concerned. In case the reallocation results in the supervising European Prosecutor also being a permanent member of the monitoring Permanent Chamber, Article 19 shall apply accordingly.

3. The decision of the Permanent Chamber to reallocate a case according to paragraphs 1 and 2 shall be registered in the Case Management System, which shall notify the European Prosecutors and European Delegated Prosecutors concerned. The decision may not be taken by written procedure.

Article 51  |  Merging and splitting cases concerning the jurisdiction of more than one Member State

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

1. Any handling European Delegated Prosecutor, supervising European Prosecutors or permanent member of the monitoring Permanent Chamber may propose to the Permanent Chamber the merging or splitting of cases falling under the criteria of Article 26(5)(b) and (6) of the Regulation.

2. When the cases to be merged are monitored by different Permanent Chambers, they shall consult each other in order to decide upon the merging of those cases. Where all the Permanent Chambers concerned have decided to merge the cases, the monitoring Permanent Chamber of the first registered case in the Case Management System shall also monitor the merged case, unless the concerned Permanent Chambers jointly decide to deviate from this principle. Where at least one Permanent Chamber refuses to merge the cases or disagrees on the determination of the monitoring Permanent Chamber, the European Chief Prosecutor shall decide.

3. When the monitoring Permanent Chamber decides to split a case, it shall remain competent for all the cases which resulted from the split. If there is a reason to deviate from this rule, the monitoring Permanent Chamber shall inform the European Chief Prosecutor who shall decide. The new case(s) resulting from the split shall receive a new case number, in accordance with Article 41.

4. The decision to merge or split cases, and the choice of allocation to a different Permanent Chamber following a merge or a split of cases shall be registered in the Case Management System.

5. The decision shall also contain the Permanent Chamber’s choice on the European Delegated Prosecutor handling the merged or split cases in accordance with Article 26 of the Regulation. In case of disagreement between the Permanent Chambers, the European Chief Prosecutor shall decide.

quill

See on the merging and splitting of cases concerning the jurisdiction of one Member States (i.e. within one Member State) Art. 51bis iRoP (inserted by College Decision 026/2022).

Article 51bis  |  Merging and splitting cases concerning the jurisdiction of one Member State

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

1. Where the jurisdiction of one Member State is concerned, the handling European Delegated Prosecutor may decide to merge or split cases in accordance with applicable national law. Article 20(2) does not apply.

2. Where the handling European Delegated Prosecutor decides to merge or split cases in application of paragraph 1, the concerned Permanent Chamber(s) shall be notified of that decision without undue delay.

3. Where several Permanent Chambers are concerned by the decision to merge cases, the handling European Delegated Prosecutor shall indicate in his/her decision which Permanent Chamber should monitor the case resulting from the merge in accordance with the applicable national law. Where the latter does not allow to identify the monitoring Permanent Chamber or where it leaves discretion as to its designation, the monitoring Permanent Chamber shall be the one monitoring the case into which the other case or cases are merged.

4. Where the cases to be merged are handled by more than one European Delegated Prosecutor, the merge and the designation of the European Delegated Prosecutor handling the case resulting from it shall be decided in accordance with applicable national law. Where the latter does not allow to identify the handling European Delegated Prosecutor or where it leaves discretion as to its designation, the supervising European Prosecutor shall decide.

5. When the handling European Delegated Prosecutor decides to split a case, the concerned Permanent Chamber shall remain competent for all the cases which result from the split. If there is a reason to deviate from this rule, the Permanent Chamber shall inform the European Chief Prosecutor who shall decide. The new case(s) resulting from the split shall receive a new case number, in accordance with Article 41.

6. Whenever the Permanent Chamber is taking a decision to reallocate, merge or split a case, it shall take due account of the current state of the investigations.

7. The EPPO shall inform the competent national authorities without undue delay of any decision to initiate an investigation.

Recitals 67, 68 of the EPPO Regulation

(67) In order to best safeguard the rights of the defendant, in principle a suspect or accused person should only face one investigation or prosecution by the EPPO. Where an offence has been committed by several persons, the EPPO should in principle initiate only one case and conduct investigations in respect of all suspect or accused persons jointly.

(68) Where several European Delegated Prosecutors have opened investigations in respect of the same criminal offence, the Permanent Chamber should where appropriate merge such investigations. The Permanent Chamber may decide not to merge such proceedings or decide to subsequently split such proceedings if this is in the interest of the efficiency of investigations, for example if proceedings against one suspect or accused person could be terminated at an earlier stage, whereas proceedings against other suspect or accused persons would still have to be continued, or if splitting the case could shorten the period of pre-trial detention of one of the suspects. Where different Permanent Chambers are in charge of the cases to be merged, the internal rules of procedure of the EPPO should determine the appropriate competence and procedure. Where the Permanent Chamber decides to split a case, its competence for the resulting cases should be maintained.

Recital 87(2) Sentence 3 of the EPPO Regulation

(87) (…)

(…) Procedural acts that relate to the choice of the Member State whose courts will be competent to hear the prosecution, which is to be determined on the basis of the criteria laid down in this Regulation, are intended to produce legal effects vis-à-vis third parties and should therefore be subject to judicial review by national courts, at the latest at the trial stage.

Recitals 54, 66, 67 of the EPPO Regulation

(54) The efficient investigation of offences affecting the financial interests of the Union and the principle of ne bis in idem may require, in certain cases, an extension of the investigation to other offences under national law, where these are inextricably linked to an offence affecting the financial interests of the Union. The notion of ‘inextricably linked offences’ should be considered in light of the relevant case-law which, for the application of the ne bis in idem principle, retains as a relevant criterion the identity of the material facts (or facts which are substantially the same), understood in the sense of the existence of a set of concrete circumstances which are inextricably linked together in time and space.

(66) In order to ensure legal certainty and to effectively combat offences affecting the Union’s financial interests, the investigation and prosecution activities of the EPPO should be guided by the legality principle, whereby the EPPO applies strictly the rules laid down in this Regulation relating in particular to competence and its exercise, the initiation of investigations, the termination of investigations, the referral of a case, the dismissal of the case and simplified prosecution procedures.

(67) In order to best safeguard the rights of the defendant, in principle a suspect or accused person should only face one investigation or prosecution by the EPPO. Where an offence has been committed by several persons, the EPPO should in principle initiate only one case and conduct investigations in respect of all suspect or accused persons jointly.

Recital 14 of the EPPO Regulation

(14) In the light of the principle of sincere cooperation, both the EPPO and the competent national authorities should support and inform each other with the aim of efficiently combatting the crimes falling under the competence of the EPPO.

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