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OPINION (2023/2139(DEC))

On discharge in respect of the implementation of the general budget of the European Union for the financial year 2022, Section III – European Public Prosecutor’s Office

LIBE-AD-756206

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Tomáš Zdechovský

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The Committee on Civil Liberties, Justice and Home Affairs gives its opinion to the Committee on Budgetary Control on granting discharge to the European Public Prosecutor's Office (EPPO) for the 2022 budget. It notes the Court of Auditors found EPPO's 2022 transactions legal and regular, welcomes the fall in late payments from 21% to 5%, and notes EPPO's growing workload of 3 318 reports and 865 investigations. It welcomes extra staff, including Seconded National Experts, and the 89% occupancy rate, but is concerned about security risks and resources, urging more budget if needed. It calls on the Commission to engage non-participating member states, asks Ireland to review its working arrangement, and welcomes Poland's steps to join EPPO. It stresses that European Delegated Prosecutors must be appointed under Article 17 of Council Regulation (EU) 2017/1939 and remain fully independent, with adequate EU and member state financing. It welcomes cooperation with member states, third countries and EU bodies such as Eurojust, Europol and OLAF, and EPPO's talks on working arrangements with Parliament and others.

Committee position. The committee proposes that the Committee on Budgetary Control incorporate its suggestions into the discharge resolution: it notes the Court's clean opinion, welcomes EPPO's staffing and falling late payments, raises concerns on security and resources, and calls for cooperation from non-participating states and full independence of delegated prosecutors.

Key points

  1. The committee asks the Committee on Budgetary Control to include its suggestions in the discharge resolution on EPPO's 2022 budget.
  2. It notes the Court of Auditors declared EPPO's 2022 transactions legal and regular and its financial position fairly presented.
  3. It welcomes that most Court observations are closed and late payments fell from 21% in 2021 to 5% in 2022.
  4. It notes EPPO's growing workload: 3 318 reports, 58% from private parties, 865 investigations including into COVID-19 vaccines, with damage estimated at EUR 9.9 billion, and that its caseload was underestimated.
  5. It welcomes additional specialised staff, including Seconded National Experts, 34 statutory and three SNE selection procedures, and 221 staff reaching 89% of the Establishment Plan.
  6. It is concerned about high-risk physical and information security and resources, and stresses adapting human and financial resources to the workload, including increasing EPPO's budget if necessary.
  7. It recalls EPPO is an independent EU body for enhanced cooperation in criminal matters, notes only 22 member states participate, and calls on the Commission to engage non-participating states.
  8. It welcomes working arrangements with third countries including Ukraine, Albania, Moldova, Montenegro, Georgia and North Macedonia, and calls on Ireland to review its arrangement after refusals of judicial cooperation.
  9. It is concerned that Poland's lack of cooperation in 2021-2022 harmed EPPO's evidence gathering, welcomes Poland's technical agreement, amended code and recognition of EPPO, and its new government's move to join.
  10. It stresses that appointing European Delegated Prosecutors must comply with Article 17 of Council Regulation (EU) 2017/1939, notes 114 in post at end-2022, 15 appointed and none dismissed.
  11. It stresses the full independence of European Delegated Prosecutors, who face external pressure, and says adequate financing lies with both the EU and each participating member state.
  12. It welcomes cooperation with member states, third countries, EU institutions and bodies such as Eurojust, Europol and OLAF, and EPPO's negotiations on working arrangements with Parliament and Executive Agencies.

Who is affected

  • The European Public Prosecutor's Office, on its 2022 budget discharge, staffing, security and resources.
  • EU member states, especially non-participating Hungary, Poland and Sweden, on cooperation and joining EPPO.
  • Ireland, on reviewing its working arrangement with EPPO after refusals of judicial cooperation.
  • European Delegated Prosecutors, on appointment under Article 17 and full independence.
  • Third countries and EU bodies such as Eurojust, Europol and OLAF, on cooperation with EPPO.

Figures and deadlines

  • Late payments fell from 21 % in 2021 to 5 % in 2022.
  • EPPO received 3 318 reports, 58% from private parties.
  • EPPO opened 865 investigations, with damage estimated at EUR 9.9 billion.
  • 34 selection procedures for statutory staff and three for SNEs were launched and completed.
  • Total statutory staff and SNEs reached 221, an occupancy rate of 89% of the Establishment Plan.
  • Only 22 EU Member States participate in EPPO.
  • 114 European Delegated Prosecutors were in employment at the end of 2022.
  • 15 European Delegated Prosecutors were appointed and none dismissed during the reporting period.