EPPO-LEX

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

Art. 96 EPPO Regulation

Relevant iRoP and other annotations

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= EPPO-Regulation

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= Relevant iRoP and other annotations

Article 96     |     General provisions

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.

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For the Staff Regulations and the Conditions of Employment see Regulation No. 31 (EEC), 11 (EAEC) → eur-lex.europa.eu

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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

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On the applicability of the Staff Regulations and the CEOS to the appointment of members of the EPPO: see CJEU Case T-334/21, Order of the General Court of 13 June 2022, mn. 35 to 44 (European Prosecutors) and Case T-603/21, Order of the General Court of 25 October 2022, mn. 33 to 41 (EDPs).

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.

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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

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On the term „staff“ used here and thus the applicability of this paragraph to European Prosecutors see: CJEU Case T-334/21, Order of the General Court of 13 June 2022, mn. 37 to 40. See also: Case T-603/21, Order of the General Court of 25 October 2022, mn. 33 and 36 (applicability to EDPs).

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.

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For the Staff Regulations and the Conditions of Employment see Regulation No. 31 (EEC), 11 (EAEC) → eur-lex.europa.eu

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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.

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.

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For the Staff Regulations and the Conditions of Employment see Regulation No. 31 (EEC), 11 (EAEC) → eur-lex.europa.eu

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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

5. The Protocol on the Privileges and Immunities of the European Union shall apply to the EPPO and its staff.

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For the Protocol on the Privileges and Immunities of the European Union see → eur-lex.europa.eu

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.

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For the Conditions of Employment see Regulation No. 31 (EEC), 11 (EAEC) → eur-lex.europa.eu

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See College Decision 001/2020 on the EPPO’s conditions of employment of the European Delegated Prosecutors, amended by College Decision 017/2021. Consolidated version published by the EPPO.

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See also: College Decision 013/2021 on the tasks and rights of EDPs designated to substitute a European Prosecutor.

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On the procedure for appraisal of the EDPs see College Decision 030/2021.

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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.

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).

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