The Bundesrat

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE EUROPEAN COUNCIL A Europe that protects: an initiative to extend the competences of the European Public Prosecutor's Office to cross-border terrorist crimes A contribution from the European Commission to the Leader's meeting in Salzburg on 19-20 September 2018.

Scrutiny details

Scrutiny Information

Scrutiny date: 19/10/2018

Subsidiarity Concern:

No Important information to exchange

No Veto

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19/10/2018 | Scrutiny results - COM20180641

The Bundesrat, in principle, welcomes the Commission’s initiative to bring forward a proposal for the extension of competencies of the EPPO to cross-border terrorist crimes. Terrorist networks operate internationally; fighting them requires cross-border prosecutorial instruments. Europol’s and Eurojust’s support for national prosecutors’ offices are an important contribution towards this end, already. However, the Bundesrat considers it premature for the European Council in Sibiu to consider an extension of competencies as the actual conditions for doing so are not yet met. The Commission notes existing inefficient parallel investigations while leaving the founding empirical research vague and imprecise. According to Council Regulation (EU) 2017/1939, Article 120, EPPO will enter into operation in 2020, at the earliest. Only after operational activity has commenced, it may be assessed whether EPPO’s work has proven useful and only then should enhanced competencies be considered. The Bundesrat reminds of the negotiations towards the Regulation (EU) 2016/794 on the European Union Agency for Law Enforcement Cooperation (Europol) during which member states have insisted on establishing Europol without executive powers and on keeping their sovereign rights. Extending EPPO’s competencies may not lead to cutting away from the member states’ competencies. The Bundesrat views critically that it remains unclear, for which criminal offences EPPO should have the competence.

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