The legal research library on the European Public Prosecutor's Office
= EPPO-Regulation
= Relevant iRoP and other annotations
1. The Staff Regulations and the Conditions of Employment and the rules adopted by agreement between the institutions of the Union for giving effect to those Staff Regulations and Conditions of Employment shall apply to the European Chief Prosecutor and the European Prosecutors, the European Delegated Prosecutors, the Administrative Director and the staff of the EPPO, unless otherwise provided for in this Regulation.
The European Chief Prosecutor and the European Prosecutors shall be engaged as temporary agents of the EPPO under Article 2(a) of the Conditions of Employment.
For the Staff Regulations and the Conditions of Employment see Regulation No. 31 (EEC), 11 (EAEC) → eur-lex.europa.eu
See relevant College Decisions
021/2021 on the Code of Good Administrative Behaviour
038/2021 Establishing the Committee of Ethics for the members of the College and the European Delegated Prosecutors
039/2021 on the Code of Ethics for members of the College of the EPPO and European Delegated Prosecutors
040/2021 on the EPPO Ethical Guidelines
103/2021 on declarations of interests of the members of the College and of the European Delegated Prosecutors, amended and supplemented by College Decision 010/2022; consolidated version published by the EPPO
109/2021 setting up a Staff Committee
2. The staff of the EPPO shall be recruited according to the rules and regulations applicable to officials and other servants of the European Union.
The term ‘staff’ presumably is used here as defined in Article 2 point 4, i.e. referring to the support staff of the EPPO working at the Central Office. In respect of these staff positions the rules of the Union’s Conditions of Employment apply → eur-lex.europa.eu
3. The powers conferred on the appointing authority by the Staff Regulations and the Conditions of Employment to conclude contracts of employment shall be exercised by the College. The College may delegate these powers to the Administrative Director with respect to the staff of the EPPO. Delegation of powers referred to in this paragraph shall not concern the European Chief Prosecutor, the European Prosecutors, the European Delegated Prosecutors or the Administrative Director.
For the Staff Regulations and the Conditions of Employment see Regulation No. 31 (EEC), 11 (EAEC) → eur-lex.europa.eu
See College Decision 014/2021 on the delegation of powers to the Administrative Director. This College Decision has been repealed by the new College Decision 005/2022 effective 27 Januar 2022. College Decision 005/2022 has been amended by College Decision 011/2024.
4. The College shall adopt appropriate rules to implement the Staff Regulations and the Conditions of Employment in accordance with Article 110 of the Staff Regulations. The College shall also adopt staff resource programming as part of the programming document.
For the Staff Regulations and the Conditions of Employment see Regulation No. 31 (EEC), 11 (EAEC) → eur-lex.europa.eu
See relevant College Decisions
033/2021 on certain implementing rules to the Staff Regulations and Conditions of Employment
077/2021 on implementing rules to the Staff Regulations and Conditions of Employment laying down rules on whistleblowing
086/2021 on general implementing provisions regarding article 79(2) of the Conditions of Employment
087/2021 on general implementing provisions regarding article 54 of the
Conditions of Employment
089/2021 on implementing rules on temporary occupation of management posts
109/2021 on setting up a Staff Commitee
034/2022 on appointing the Disciplinary Board for cases concerning members of the College of the EPPO
050/2022 on application by analogy of Commission Decision C(2022) 1788 final on working time and hybrid working
047/2023 on the EPPO’s policy on protecting the dignity of the person and preventing psychological harassment and sexual harassment and 048/2023 on the formal procedure for harassment involving members of the College or European Delegated Prosecutors
5. The Protocol on the Privileges and Immunities of the European Union shall apply to the EPPO and its staff.
6. European Delegated Prosecutors shall be engaged as Special Advisors in accordance with Articles 5, 123 and 124 of the Conditions of Employment. The competent national authorities shall facilitate the exercise of the functions of European Delegated Prosecutors under this Regulation and refrain from any action or policy that may adversely affect their career or status in the national prosecution system. In particular, the competent national authorities shall provide the European Delegated Prosecutors with the resources and equipment necessary to exercise their functions under this Regulation, and shall ensure that they are fully integrated into their national prosecution services. It shall be ensured that adequate arrangements are in place so that the European Delegated Prosecutors’ rights relating to social security, pension and insurance coverage under the national scheme are maintained. It shall also be ensured that the total remuneration of a European Delegated Prosecutor is not lower than what it would be if that prosecutor would only have remained a national prosecutor. The general working conditions and work environment of the European Delegated Prosecutors shall fall under the responsibility of the competent national judicial authorities.
See College Decision 001/2020 on the EPPO’s conditions of employment of the European Delegated Prosecutors, amended by College Decisions 017/2021 and 007/2023. Consolidated version published by the EPPO.
See also: College Decision 013/2021 on the tasks and rights of EDPs designated to substitute a European Prosecutor.
On the applicability of the Staff Regulations and the CEOS to the EDPs see: CJEU Case T-603/21, Order of the General Court of 25 October 2022, mn. 39 pp.
7. The European Prosecutors and the European Delegated Prosecutors shall not receive in the exercise of their investigation and prosecution powers, any orders, guidelines or instructions other than those expressly provided for in Article 6.
Copyright © 2022 EPPO-LEX The legal research library on the European Public Prosecutor’s Office. All Rights Reserved.
Article 2 of the EPPO Regulation
(…)
(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;
(…)
Recitals 32, 116 of the EPPO Regulation
(32) The European Delegated Prosecutors should be an integral part of the EPPO and as such, when investigating and prosecuting offences within the competence of the EPPO, they should act exclusively on behalf and in the name of the EPPO on the territory of their respective Member State. This should entail granting them under this Regulation a functionally and legally independent status which is different from any status under national law.
(116) The remuneration of the European Delegated Prosecutors as special advisers, which will be set through a direct agreement, should be based on a specific decision to be taken by the College. This decision should, inter alia, ensure that the European Delegated Prosecutors, in the specific case that they also exercise functions as national prosecutors in accordance with Article 13(3), will in principle continue to be paid in their capacity as national prosecutors and that the remuneration as special adviser will only relate to the equivalent of the work on behalf of the EPPO in the capacity as a European Delegated Prosecutor. Each Member State retains the power to determine in its legislation, in compliance with Union law, the conditions for granting benefits under their social security scheme.
Recital 114 of the EPPO Regulation
(114) The College should in principle always delegate its powers conferred on the appointing authority by the Staff Regulations of Officials and the Conditions of Employment of Other Servants ¹) (‘the Staff Regulations and the Conditions of Employment’) to conclude contracts of employment, to the Administrative Director, unless specific circumstances call for it to exercise that power.
¹) Council Regulation No 31 (EEC), 11 (EAEC), laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Economic Community and the European Atomic Energy Community (OJ 45, 14.6.1962, p. 1385/62).
Recitals 32, 111 of the EPPO Regulation
(32) The European Delegated Prosecutors should be an integral part of the EPPO and as such, when investigating and prosecuting offences within the competence of the EPPO, they should act exclusively on behalf and in the name of the EPPO on the territory of their respective Member State. This should entail granting them under this Regulation a functionally and legally independent status which is different from any status under national law.
(111) To guarantee the full autonomy and independence of the EPPO, it should be granted an autonomous budget, with revenue coming essentially from a contribution from the budget of the Union. The financial, budgetary and staff regime of the EPPO should follow the relevant Union standards applicable to bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council ¹), with due regard, however, to the fact that the competence of the EPPO to carry out criminal investigations and prosecutions at Union level is unique.
¹) Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).
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