EPPO-LEX

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

Art. 34 EPPO Regulation

Relevant iRoP and other annotations

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= EPPO-Regulation

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= Relevant iRoP and other annotations

Article 34     |     Referrals and transfers of proceedings to the national authorities

1. Where an investigation conducted by the EPPO reveals that the facts subject to investigation do not constitute a criminal offence for which it is competent under Articles 22 and 23, the competent Permanent Chamber shall decide to refer the case without undue delay to the competent national authorities.

Article 57  |  Referral of cases to the national authorities

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

1. At any point during the investigation, the handling European Delegated Prosecutor, the supervising European Prosecutor or any member of the monitoring Permanent Chamber may propose for a case to be referred to the national authorities according to Articles 34(1 )(3) of the Regulation.

2. The draft decision shall be registered in the Case Management System, which shall notify the permanent members of the Permanent Chamber, the supervising European Prosecutor and the handling European Delegated Prosecutor.

3. If the competent national authority decides to take over the case, or if the referral is based on Article 34(1) of the Regulation, the European Delegated Prosecutor shall transfer the case file without undue delay.

4. In cases where the referral is based on Article 34(2) and (3) of the Regulation, the competent national authority does not take over the case or does not respond in 30 days after receiving the referral decision, the European Delegated Prosecutor shall continue the investigation, or proceed with the application of Article 56.

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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.5

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See on the EPPO’s referral policy: Annex 4 of College Decision 029/2021, amended by College Decision 007/2022. The EPPO has published a consolidated version for information purposes.

2. Where an investigation conducted by the EPPO reveals that the specific conditions for the exercise of its competence set out in Article 25(2) and (3) are no longer met, the competent Permanent Chamber shall decide to refer the case to the competent national authorities without undue delay and before initiating prosecution at national courts.

Article 57  |  Referral of cases to the national authorities

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

1. At any point during the investigation, the handling European Delegated Prosecutor, the supervising European Prosecutor or any member of the monitoring Permanent Chamber may propose for a case to be referred to the national authorities according to Articles 34(1 )(3) of the Regulation.

2. The draft decision shall be registered in the Case Management System, which shall notify the permanent members of the Permanent Chamber, the supervising European Prosecutor and the handling European Delegated Prosecutor.

3. If the competent national authority decides to take over the case, or if the referral is based on Article 34(1) of the Regulation, the European Delegated Prosecutor shall transfer the case file without undue delay.

4. In cases where the referral is based on Article 34(2) and (3) of the Regulation, the competent national authority does not take over the case or does not respond in 30 days after receiving the referral decision, the European Delegated Prosecutor shall continue the investigation, or proceed with the application of Article 56.

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.5

quill

See on the EPPO’s referral policy: Annex 4 of College Decision 029/2021, amended by College Decision 007/2022. The EPPO has published a consolidated version for information purposes.

3. Where, with regard to offences which caused or are likely to cause damage to the financial interests of the Union of less than EUR 100 000, the College considers that, with reference to the degree of seriousness of the offence or the complexity of the proceedings in the individual case, there is no need to investigate or to prosecute a case at Union level and that it would be in the interest of the efficiency of investigation or prosecution, it shall in accordance with Article 9(2), issue general guidelines allowing the Permanent Chambers to refer a case to the competent national authorities.

Such guidelines shall also allow the Permanent Chambers to refer a case to the competent national authorities where the EPPO exercises a competence in respect of offences referred to in points (a) and (b) of Article 3(2) of Directive (EU) 2017/1371 and where the damage caused or likely to be caused to the Union’s financial interests does not exceed the damage caused or likely to be caused to another victim.

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

Such referrals shall also include any inextricably linked offences within the competence of the EPPO as referred to in Article 22(3).

Article 57  |  Referral of cases to the national authorities

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

1. At any point during the investigation, the handling European Delegated Prosecutor, the supervising European Prosecutor or any member of the monitoring Permanent Chamber may propose for a case to be referred to the national authorities according to Articles 34(1 )(3) of the Regulation.

2. The draft decision shall be registered in the Case Management System, which shall notify the permanent members of the Permanent Chamber, the supervising European Prosecutor and the handling European Delegated Prosecutor.

3. If the competent national authority decides to take over the case, or if the referral is based on Article 34(1) of the Regulation, the European Delegated Prosecutor shall transfer the case file without undue delay.

4. In cases where the referral is based on Article 34(2) and (3) of the Regulation, the competent national authority does not take over the case or does not respond in 30 days after receiving the referral decision, the European Delegated Prosecutor shall continue the investigation, or proceed with the application of Article 56.

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.5

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See on the EPPO’s referral policy: Annex 4 of College Decision 029/2021, amended by College Decision 007/2022. The EPPO has published a consolidated version for information purposes.

4. The Permanent Chamber shall communicate any decision to refer a case to national authorities on the basis of paragraph 3 to the European Chief Prosecutor. Within 3 days of receiving of this information, the European Chief Prosecutor may request the Permanent Chamber to review its decision if the European Chief Prosecutor considers that the interest to ensure the coherence of the referral policy 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.

5. Where the competent national authorities do not accept to take over the case in accordance with paragraph 2 and 3 within a timeframe of maximum 30 days, the EPPO shall remain competent to prosecute or dismiss the case, in accordance with the rules laid down in this Regulation.

Article 57  |  Referral of cases to the national authorities

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

1. At any point during the investigation, the handling European Delegated Prosecutor, the supervising European Prosecutor or any member of the monitoring Permanent Chamber may propose for a case to be referred to the national authorities according to Articles 34(1 )(3) of the Regulation.

2. The draft decision shall be registered in the Case Management System, which shall notify the permanent members of the Permanent Chamber, the supervising European Prosecutor and the handling European Delegated Prosecutor.

3. If the competent national authority decides to take over the case, or if the referral is based on Article 34(1) of the Regulation, the European Delegated Prosecutor shall transfer the case file without undue delay.

4. In cases where the referral is based on Article 34(2) and (3) of the Regulation, the competent national authority does not take over the case or does not respond in 30 days after receiving the referral decision, the European Delegated Prosecutor shall continue the investigation, or proceed with the application of Article 56.

6. Where the EPPO considers a dismissal in accordance with Article 39(3), and if the national authority so requires, the Permanent Chamber shall refer the case without delay to that authority.

7. If, following a referral in accordance with paragraph (1), (2) or (3) of this Article and Article 25(3), the national authority decides to open an investigation, the EPPO shall transfer the file to that national authority, refrain from taking further investigative or prosecutorial measures and close the case.

Article 57  |  Referral of cases to the national authorities

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

1. At any point during the investigation, the handling European Delegated Prosecutor, the supervising European Prosecutor or any member of the monitoring Permanent Chamber may propose for a case to be referred to the national authorities according to Articles 34(1 )(3) of the Regulation.

2. The draft decision shall be registered in the Case Management System, which shall notify the permanent members of the Permanent Chamber, the supervising European Prosecutor and the handling European Delegated Prosecutor.

3. If the competent national authority decides to take over the case, or if the referral is based on Article 34(1) of the Regulation, the European Delegated Prosecutor shall transfer the case file without undue delay.

4. In cases where the referral is based on Article 34(2) and (3) of the Regulation, the competent national authority does not take over the case or does not respond in 30 days after receiving the referral decision, the European Delegated Prosecutor shall continue the investigation, or proceed with the application of Article 56.

8. If a file is transferred in accordance with paragraph (1), (2) or (3) of this Article and Article 25(3), the EPPO shall inform the relevant institutions, bodies, offices and agencies of the Union, as well as, where appropriate under national law, suspects or accused persons and the crime victims of the transfer.

Recital 77 of the EPPO Regulation

(77) The EPPO should be entitled to refer a case to national authorities, where the investigation reveals that the offence is outside the competence of the EPPO. In such a referral, national authorities should preserve their full prerogatives under national law to open, continue or dismiss the investigation.

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