HomeThe European Public Prosecutor’s Office (EPPO) is a supranational body established in 2021 to investigate and prosecute crimes affecting the EU budget — including fraud, corruption, VAT carousel schemes, and money laundering. While EPPO operates within the EU, it increasingly cooperates with non-participating EU Member States and third countries via formal legal assistance frameworks. Understanding EPPO’s reach is critical for individuals and businesses with exposure to EU-connected financial prosecutions.
Which EU Countries Do Not Participate in EPPO?
As of 2026, four EU Member States have not joined EPPO:
- Denmark — opted out under its EU Justice and Home Affairs treaty exemption
- Hungary — declined to join citing sovereignty concerns
- Poland — joined in 2023 after a change in government; previously a non-participant
- Sweden — opted out initially, though accession discussions continue
These non-participating states are not immune from EPPO investigations. EPPO can request mutual legal assistance (MLA), evidence transfer, and asset freezes through bilateral agreements and general EU legal cooperation frameworks. Danish or Hungarian banks, for example, may still receive EPPO evidence requests routed through Eurojust or via Regulation (EU) 2018/1727.
EPPO Cooperation with Third Countries
EPPO’s cooperation with non-EU countries (third countries) is governed by Article 104 of the EPPO Regulation and bilateral or multilateral legal assistance treaties. EPPO has concluded working arrangements with several countries including the UK, Ukraine, Albania, Moldova, and North Macedonia. It is also empowered to conclude further agreements with third countries subject to EU Council approval.
In practice, EPPO can request from third countries:
- Evidence and documents — via MLA requests channelled through national authorities
- Asset freezes and confiscation assistance — where bilateral treaties permit
- Extradition of suspects — via the requesting country’s national extradition framework
- Financial intelligence — via Financial Intelligence Units (FIUs) and Egmont Group channels
If EPPO is investigating fraud involving EU funds and a suspect is located in the UAE, UK, or Switzerland, EPPO can initiate parallel proceedings or seek the suspect’s return via formal extradition. In some cases, EPPO coordinates with Interpol, potentially triggering a Red Notice or Diffusion to aid in locating the subject.
Intersection with Interpol Notices and International Arrest Warrants
EPPO does not directly issue Interpol notices — this remains the prerogative of national police forces and Interpol member state NCBs. However, when EPPO coordinates with national authorities in participating states, those national authorities may request Interpol to circulate a Red Notice or Diffusion to assist in locating a suspect who has left EU territory.
This creates a practical risk: an EPPO-led investigation for EU fraud can indirectly result in an Interpol Red Notice issued by, for example, Germany, France, or Italy — countries with active EPPO participation. If you receive such a notice, your challenge must address both the Interpol mechanism (via a CCF Access Request) and the underlying EPPO proceedings.
Defence Considerations for EPPO Cases
Facing EPPO-linked proceedings — whether directly investigated or via a cooperating non-participating state — requires specialist legal representation. Key considerations include:
- Jurisdictional analysis — determining which national authority holds the investigation and whether EPPO’s mandate actually covers your case
- Parallel Interpol challenge — if a Red Notice has been issued in connection with EPPO proceedings, filing a Preventive Request or CCF challenge can halt extradition proceedings
- Asset protection — early action to contest disproportionate asset freezes before they become permanent confiscation orders
- Defence of political or improper motivation — EPPO’s mandate is narrow; investigations that stray into politically motivated territory can be challenged on jurisdiction grounds
- Sanctions exposure — EU fraud investigations may intersect with EU sanctions regimes, requiring coordinated defence
Our lawyers have extensive experience in cross-border financial investigations, Interpol defence, and extradition proceedings in EU and non-EU jurisdictions. Contact us at +357 96 447475 for a confidential consultation.
If you are dealing with an Interpol notice, our Interpol CCF lawyers can help you file an Access Request to the CCF to review and challenge your data in Interpol’s files.
Frequently Asked Questions
Which countries do not participate in EPPO?
Denmark, Hungary, Ireland, Poland, and Sweden are the five EU Member States that do not participate in EPPO as of 2024. Non-EU countries including the United Kingdom, Norway, Switzerland, and all other third countries also remain outside EPPO’s jurisdiction. These non-participating states cooperate with EPPO exclusively through mechanisms established in Articles 99 and 104 of Regulation (EU) 2017/1939, such as bilateral agreements or the double-hat principle where European Delegated Prosecutors act as national prosecutors.
What are the 4 EFTA countries?
The four EFTA countries are Iceland, Liechtenstein, Norway, and Switzerland. None of these states participate in EPPO because EPPO membership is restricted to EU Member States under Regulation (EU) 2017/1939. EFTA countries cooperate with EPPO as third countries through mechanisms in Article 104, including multilateral conventions like the European Convention on Mutual Assistance in Criminal Matters of 1959 or working arrangements under Article 104(1) for strategic information exchange without personal data transfer.
What countries are on the EU blacklist?
The EU maintains separate blacklists for tax non-cooperation and anti-money laundering, which are unrelated to EPPO cooperation. EPPO’s mandate under Regulation (EU) 2017/1939 concerns prosecuting crimes affecting the EU’s financial interests, not maintaining sanctions lists. Third countries cooperate with EPPO through legal bases in Articles 99 and 104, regardless of their status on EU economic or financial blacklists. The hierarchy of cooperation depends on international agreements, multilateral conventions, or the double-hat principle under Article 104(5).
What are the EU 3 countries?
The EU3 refers to France, Germany, and the United Kingdom as a diplomatic grouping for international negotiations, particularly nuclear discussions with Iran. This term has no relevance to EPPO cooperation frameworks. France and Germany participate as EPPO Member States under Regulation (EU) 2017/1939, while the United Kingdom cooperates as a third country through the EU-UK Trade and Cooperation Agreement of 30 December 2020, under which EPPO is notified as competent authority pursuant to Article 104(3).
How can third countries establish cooperation agreements with the EPPO?
Third countries cooperate with EPPO through a hierarchy established in Articles 99 and 104 of Regulation (EU) 2017/1939. Primary cooperation occurs via international agreements concluded by the EU under Article 104(3), such as the EU-UK Trade and Cooperation Agreement. Alternatively, Article 104(4) permits cooperation through multilateral conventions like the European Convention on Mutual Assistance in Criminal Matters of 1959 if Member States notify EPPO as competent authority. Article 104(1) allows working arrangements for strategic information exchange only, explicitly excluding personal data transfer or mutual legal assistance requests.
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