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European Public Prosecutor's Office

01 October 2016

- Proposal for a Regulation on the establishment of the European Public Prosecutor's Office - Relations with third countries and international organisations (LIMITE doc no: 12340-16, pdf):

"This paper deals with the issue of relations with third countries and international organisations. The Presidency draws the attention of delegations to the fact that prior discussions on the issue have been based on document 10831/16, whereby the following options for legal solutions of the issues at stake were presented:

• Declarations of participating Member States to third countries that EPPO shall be considered to be a competent judicial authority

• Union accession to international agreements for the purpose limited to cooperation between EPPO and Third countries

• Amendment of international agreements, and/or

• Cooperation with third countries on the basis of the "double hat" principle, i.e. that the European Delegated Prosecutors may act also as national prosecution authorities...."

See also previous document: (LIMITE do no: 10831-16, pdf)

"In Annex I, delegations will find a descriptions of some legal and practical consequences of the above mentioned alternatives solutions, completed by some aspects pointed out during the discussion at expert level. Draft suggestions concerning the relevant provisions for EPPO Regulation are included in Annex II of this document."

- As above: Discussion paper on cooperation between EPPO and non-participating Member States (LIMITE doc no: 12341-16, pdf):

"This paper deals with the issue of cooperation between EPPO on the one hand and UK, IE and DK as non-participating Member States under Protocols No 21 and 22. Two possible legal bases have been discussed at this stage. i.e. Article 325(4) TFEU and the possibility to apply a logic of "succession".
This paper does not discuss the issue of non-participating Member States in the framework of a hypothetical enhanced cooperation. Delegations are invited to reflect on the questions highlighted in the document."

- As above: Relations with Eurojust (LIMITE doc no: 12342-16 pdf)

"The main modification in relation to the Commission proposal concerned the limitation of operational co-operation between EPPO and Eurojust (paragraphs 2-3) and the scope of the technical and administrative support which Eurojust could or should provide to EPPO, depending on whether this is an obligation or a possibility (paragraph 5)."

- As above: Other issues (LIMITE doc no: 12344-16, pdf):

"The Netherlands' Presidency established a consolidated version of the Regulation, which was welcomed by Council (JHA) on 9 June this year. A few provisions were left out of the consolidated version, as substantial issues had not yet been treated in depth or remained open (in particular as regards judicial review, relations with third countries and cooperation with Eurojust). This paper evokes a number of other issues which have been provisionally agreed upon, but for which substantial reservations remain."

- See: Consolidated text as at: 22 July 2016 (LIMITE doc no: 11350-16,