Cooperation between the EPPO and non-participating Member States (Denmark, Hungary, Ireland, Poland and Sweden)
The EPPO Regulation contains specific provisions for cooperation with the EU Member States that do not participate in the establishment of the EPPO (Article 105).
The participating Member States have notified the EPPO as a competent authority for a number of European Union instruments: Directive 2014/41/EU European Investigation Order, Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union July 2000, Regulation 2018/1805 on the mutual recognition of freezing orders and confiscation orders, Council Framework Decision on freezing Orders and Framework Decision European Arrest Warrant.
On these bases, within its mission and competence, the EPPO can gather evidence and obtain freezing of assets from non-participating Member States.
Moreover, the EPPO may obtain the surrender of fugitives from the non-participating Member States: the European Delegated Prosecutor issues a European Arrest Warrant or requests the issuing of a European Arrest Warrant by the competent authority of his/her Member State.
Working arrangements with the authorities of non-participating Member States
To facilitate judicial cooperation, the exchange of information and the sharing of expertise, the EPPO has signed working arrangements with its counterparts:
Cooperation between the EPPO and non-EU states (third countries)
The EPPO Regulation contains specific provisions for cooperation with non-EU countries (Article 104).
The EPPO may alternatively use, for cooperation in criminal matters with judicial authorities from non-EU countries, one of the following legal bases:
- Agreements concluded by the European Union on cooperation in criminal matters with the EPPO;
- Agreements concluded by the European Union or to which the European Union has acceded for which the EPPO is notified as the competent authority;
- Multilateral agreements to which the participating Member States are party, of which the EPPO is notified by these Member States as the competent authority;
Examples:European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 and its two additional Protocols of 17 March 1978 and 8 November 2001;
- The European Delegated Prosecutor in charge of the investigations may make use of his/her powers as a national prosecutor to request legal assistance in criminal matters from authorities of non-EU countries, if accepted, on the basis of international agreements concluded by his/her Member State or applicable national law;
- International courtesy and reciprocity.
Where it is necessary to request the extradition of a person in an EPPO case, the request is made by the competent authority of the Member State of the European Delegated Prosecutor, in accordance with applicable treaties and/or national law (Article 104, Paragraph 7).
Working Arrangements on Cooperation between the EPPO and Third Countries’ authorities
United States Department of Justice and Department of Homeland Security (26 July 2022) (In English)
Participation in international organisations/networks
The EPPO is a member or observer to the following specialised networks and international organisations: