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DRAFT 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-PA-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 suggestions to the Committee on Budgetary Control on the discharge for the European Public Prosecutor's Office (EPPO) for the 2022 financial year. It notes that the Court of Auditors found EPPO's 2022 transactions legal and regular and its financial position fairly presented, and welcomes the fall in late payments from 21 % in 2021 to 5 % in 2022. It notes EPPO's growing workload, with 3 318 reports, 865 investigations opened in 2022 and damage estimated at EUR 9.9 billion, and says the caseload was significantly underestimated. It raises concern about physical and information security risks and resources, and stresses that human and financial resources must match the workload in future budget planning. It recalls EPPO's role and the participation of 22 member states, and calls for effective cooperation with non-participating states, welcoming progress on working arrangements with Denmark and Poland and the Irish commitment to review theirs. It stresses that appointing European Delegated Prosecutors must follow Article 17 of Council Regulation (EU) 2017/1939 and national procedural autonomy, and welcomes cooperation with EU bodies and third countries.

Committee position. The committee calls on the Committee on Budgetary Control to incorporate its suggestions into the motion for a resolution on the 2022 discharge. It notes the Court's clean audit, welcomes lower late payments and cooperation progress, and stresses that EPPO's resources and security must match its growing workload.

Key points

  1. The committee asks the Committee on Budgetary Control to include its suggestions in the motion for a resolution on the 2022 discharge.
  2. It notes that the Court of Auditors declared EPPO's 2022 transactions legal and regular in all material respects and its financial position at 31 December 2022 fairly presented.
  3. It welcomes that most of the Court's observations from last year are closed and that 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 opened in 2022 and damage estimated at EUR 9.9 billion.
  5. It says EPPO's caseload was significantly underestimated.
  6. It is concerned about the high-risk physical and information security environment and the current level of resources, and stresses that human and financial resources must be adapted to the workload and reflected in future budget planning.
  7. It recalls that EPPO is an independent EU body set up through enhanced cooperation in criminal matters to investigate, prosecute and bring to judgment crimes against the Union's financial interests.
  8. It notes that 22 member states participate in EPPO, while Hungary, Poland and Sweden have not joined and Denmark and Ireland have an opt-out.
  9. It highlights that cooperation with stakeholders including non-participating states is pivotal, welcomes the finalisation of technical negotiations on working arrangements with Denmark and Poland, and notes difficulties with Ireland while welcoming its commitment to review its arrangement.
  10. It stresses that appointing European Delegated Prosecutors is a shared responsibility of EPPO and member states and must comply with Article 17 of Council Regulation (EU) 2017/1939 and national procedural autonomy, and encourages member states to contribute to EPPO's full independence.
  11. It notes that 114 European Delegated Prosecutors were in employment at the end of 2022, with 15 appointed and none dismissed by the EPPO College during the reporting period.
  12. It welcomes continued cooperation with participating and non-participating member states, third countries, EU institutions and bodies including Eurojust, Europol and OLAF, and EPPO's negotiations on working arrangements with the European Parliament, the Executive Agencies and the European External Action Service.

Who is affected

  • The European Public Prosecutor's Office, whose 2022 budget implementation is assessed and whose resources and security are addressed.
  • Member states, which are encouraged to ensure the appointment of European Delegated Prosecutors respects EPPO's independence.
  • Non-participating states — Denmark, Poland, Sweden and Ireland — with which cooperation and working arrangements are discussed.
  • EU bodies and agencies such as Eurojust, Europol and OLAF, and third countries, with which cooperation is welcomed.

Figures and deadlines

  • Late payments fell from 21 % in 2021 to 5 % in 2022.
  • EPPO received 3 318 reports, 58 % of them from private parties.
  • EPPO opened 865 investigations in 2022.
  • Damage estimated at EUR 9.9 billion.
  • 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 during the reporting period.