European Public Prosecutor's Office

The EPPO has the power to investigate and prosecute fraud against EU finances.

The European Public Prosecutor’s Office (EPPO) is an independent body of the European Union responsible for investigating, prosecuting and bringing to judgment crimes against the financial interests of the EU, including:

  • fraud
  • corruption
  • money laundering
  • cross-border VAT fraud

The EPPO started operations on 1 June 2021.

EU institutions and bodies, as well as the competent authorities of the 22 member states which joined the EPPO, must report to the EPPO any criminal conduct affecting the EU budget. Individuals can also report alleged cases of fraud and other crimes.

Participating member states

So far, 22 EU countries have decided to join the effort to protect the EU budget against fraud, using the ‘enhanced cooperation’ procedure:

Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Estonia, Finland, France, Germany, Greece, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Romania, Slovakia, Slovenia and Spain.

On this page you can learn more about:

  • why the EPPO was established
  • the EPPO’s role and structure
  • how the enhanced cooperation became a reality

Why do we need an EU prosecutor?

EU countries lost an estimated €140 billion in value added tax (VAT) revenues in 2018 because of transnational fraud. The figures for 2020 may be higher due the effects of the COVID-19 pandemic on the EU economy.

Member states have also reported that around €638 million of EU structural funds were misused in 2015.

Before the EPPO became operational, only national authorities could investigate such crimes – but with limited tools, as their powers stop at national borders.

Similarly, the EU bodies that pre-dated the EPPO in this field, such as the European Anti-Fraud Office (OLAF), the European Union Agency for Law Enforcement Cooperation (Europol) and the European Union Agency for Criminal Justice (Eurojust), are unable to launch criminal investigations or carry out prosecutions in member states.

The European Public Prosecutor’s Office helps to overcome these shortcomings and therefore to crack down on crimes against the EU budget.

The EPPO’s role and structure

Role

The EPPO’s mission is to tackle fraud against the EU’s finances. It has the power to investigate and prosecute crimes affecting the EU’s financial interests.

The EPPO conducts cross-border investigations into fraud involving sums of over €10 000 in EU funds, or into cross-border VAT fraud cases involving damages of above €10 million. It also works hand in hand with national law enforcement authorities. It also works closely with other bodies like Eurojust and Europol.

Infographic - College of the EU Public Prosecutor's Office (EPPO)

The Council appointed on 27 July 2020 the European prosecutors of the EU Public Prosecutor's Office. See full infographic

Structure

The EPPO has a two-tiered structure: the central level and the national level.

1) Central level

The central level is based in Luxembourg and consists of a European chief prosecutor and a college of prosecutors.

The European chief prosecutor manages the EPPO, organises its work and represents the office in contacts with EU institutions, member states and non-EU countries.

In October 2019, Laura Codruţa Kövesi was appointed as the first European chief prosecutor.

The college of prosecutors is responsible for defining the strategy and the internal rules of the EPPO and for ensuring coherence across and within cases. It is made up of the European chief prosecutor and the prosecutors of the participating member states.

It also supervises the investigations and prosecutions carried out by the European delegated prosecutors at national level. In July 2020, the Council appointed the 22 European prosecutors.

2) National level

The national level consists of the European delegated prosecutors and the permanent chambers.

The European delegated prosecutors in the 22 participating EU countries are responsible for conducting criminal investigations and prosecutions. They operate with complete independence from their national authorities.

The permanent chambers monitor and direct the investigations and take operational decisions.

How enhanced cooperation on the EPPO began

The European Commission submitted its proposal to establish a European Public Prosecutor’s Office back in 2013. In order for it to be adopted, the Council had to agree unanimously and obtain the European Parliament’s consent.

After over three years of negotiations, the Council failed to reach unanimous agreement on the proposal. The absence of unanimity was registered by the Council in February 2017 and confirmed by the European Council the following month.

In this type of situation, a group of at least nine member states may undertake enhanced cooperation, according to the EU treaties.

Enhanced cooperation on the EPPO was therefore undertaken in April 2017. In October 2017, the Council adopted the EPPO regulation, which entered into force on 20 November 2017.