EPPO Cooperation with Non-Participating EU States and Third Countries

The European Public Prosecutor’s Office (EPPO) can cooperate with EU Member States that do not participate in the EPPO and with countries outside the European Union. These two forms of cooperation are governed by different parts of Regulation (EU) 2017/1939: Article 105 addresses non-participating EU Member States, while Article 104 regulates relations with third countries and international organisations.

The legal mechanism used in a particular case depends on where evidence, assets or a suspect are located and which international or EU cooperation instrument applies. EPPO cooperation therefore does not give the Office identical investigative powers in every jurisdiction.

Situation	Main legal framework	Examples of cooperation
Non-participating EU Member State	Article 105	Evidence, freezing and confiscation measures, surrender under applicable EU instruments
Third country	Article 104	Mutual legal assistance, international agreements, national-prosecutor mechanisms, extradition requests

What Is the EPPO and What Does It Investigate?

The European Public Prosecutor’s Office is the independent prosecution office of the European Union responsible for investigating and prosecuting crimes affecting the EU’s financial interests.

Its mandate covers fraud involving EU funds, corruption affecting the EU’s financial interests, misappropriation of EU funds or assets, related money laundering and certain organised crime offences. It also covers cross-border VAT fraud where the total damage meets the applicable €10 million threshold.

These investigations frequently extend across national borders. Companies, bank accounts, witnesses, documents or suspects may be located outside the Member State handling the EPPO investigation, which makes judicial cooperation an important part of the EPPO’s work.

Where an individual or company becomes involved in an EPPO-related financial investigation, white-collar crime defence lawyers may need to assess both the EPPO proceedings and any related national criminal proceedings.

Which EU Countries Do Not Participate in the EPPO?

As of September 2026, 25 of the 27 EU Member States participate in the EPPO. Denmark and Ireland are currently the two non-participating EU Member States.

This is different from the position when the EPPO began operating. Poland and Sweden subsequently joined, while Hungary officially became a participating Member State on 2 August 2026 following Commission Decision (EU) 2026/1701. EPPO states that operations in Hungary begin from the twentieth day after the appointment of the Hungarian European Prosecutor.

Denmark remains outside the EPPO because of its opt-out from the EU area of freedom, security and justice. Ireland does not currently participate but has expressed an intention to join, while operational cooperation with the EPPO continues.

How Does the EPPO Cooperate With Non-Participating EU Member States?

Article 105 of the EPPO Regulation provides the framework for relations with EU Member States that do not participate in the enhanced cooperation establishing the EPPO.

The Regulation allows working arrangements, contact points and the use of applicable EU judicial-cooperation instruments. Where no specific legal instrument exists between the EPPO and a non-participating Member State, participating Member States are required to notify the EPPO as a competent authority for applicable EU acts on judicial cooperation in criminal matters.

EPPO states that it has been notified as a competent authority for instruments including:

• the European Investigation Order;
• the 2000 Convention on Mutual Assistance in Criminal Matters;
• EU rules concerning freezing and confiscation orders; and
• the European Arrest Warrant framework.

Within its competence, these instruments enable the EPPO to seek evidence and freezing measures in non-participating Member States and, where the legal requirements are satisfied, to pursue surrender procedures.

How Does EPPO Cooperation With Denmark Work?

Denmark is not part of the EPPO, but this does not place it outside all EPPO-related judicial cooperation.

The EPPO and the Danish Ministry of Justice have a working arrangement that entered into force on 31 August 2023. In addition, applicable EU cooperation mechanisms can be used where the EPPO has been notified as a competent authority.

The precise mechanism depends on what the investigation requires. A request for evidence, a freezing measure and the surrender of a person are legally distinct measures and may rely on different instruments.

How Does EPPO Cooperation With Ireland Work?

Ireland is also a non-participating EU Member State, although the EPPO states that Ireland has expressed a firm intention to participate in the future and that preparatory work and operational cooperation are continuing.

Until its status changes, cooperation is governed through the framework applicable to non-participating Member States, including Article 105 and relevant EU judicial-cooperation instruments.

The existence of operational cooperation should therefore not be confused with formal participation in the EPPO. Ireland remains outside the enhanced cooperation unless and until its participation is formally confirmed.

How Does the EPPO Cooperate With Third Countries?

Relations with countries outside the European Union are governed principally by Article 104 of Regulation (EU) 2017/1939.

Article 104 does not create one universal procedure for every non-EU country. Instead, it establishes several possible legal routes depending on the country, the type of assistance required and the international agreements available.

These routes include:

1. international agreements concluded by the European Union or agreements to which the EU has acceded;
2. multilateral legal-assistance agreements where the EPPO is recognised or notified as a competent authority;
3. other international mutual legal assistance agreements concluded by participating Member States;
4. the powers of the handling European Delegated Prosecutor acting as a national prosecutor where the applicable treaty or domestic law permits this; and
5. case-specific requests for legal assistance within the EPPO’s material competence where the other mechanisms are unavailable.

This means that the expression “EPPO cooperation with a third country” does not by itself identify the legal basis for a particular investigative measure. The relevant agreement and procedure must be determined for the specific case.

What Are EPPO Working Arrangements With Third Countries?

The EPPO may conclude working arrangements with authorities in third countries and international organisations to facilitate cooperation.

Under Article 104(1), such arrangements may concern matters such as the exchange of strategic information and the secondment of liaison officers. The EPPO can also establish contact points with third-country authorities to facilitate operational cooperation.

The EPPO currently identifies working relationships with authorities in a range of non-EU jurisdictions, including Ukraine, Albania, Moldova, Montenegro, Georgia, North Macedonia, Bosnia and Herzegovina, Andorra, the United Kingdom and the United States.

However, a working arrangement should not automatically be treated as the legal basis for every coercive investigative measure. Evidence gathering, asset freezing or extradition may require an international agreement, national law or another recognised judicial-cooperation mechanism.

Can the EPPO Request Evidence From a Third Country?

Yes, but the procedure depends on the available legal basis.

Where an applicable EU international agreement exists, it may bind the EPPO. Where appropriate multilateral or Member State agreements are available, participating Member States may recognise or notify the EPPO as a competent authority for their implementation, subject to the conditions laid down in Article 104.

If those routes are unavailable, a handling European Delegated Prosecutor may in certain circumstances use their powers as a national prosecutor to request criminal legal assistance under an agreement concluded by their Member State or under applicable national law.

The Regulation also provides for case-specific legal assistance requests to third-country authorities within the limits of the EPPO’s material competence.

As a result, there is no single EPPO evidence-request procedure that applies uniformly to every third country.

Can the EPPO Freeze or Recover Assets Outside Participating Member States?

Cross-border EPPO investigations can involve assets located outside the participating Member State handling the case, but the legal route depends on where those assets are located.

For non-participating EU Member States, the EPPO states that applicable EU judicial-cooperation instruments allow it, within its competence, to seek evidence and the freezing of assets.

For third countries, freezing, confiscation or other asset-related assistance depends on the international agreement, mutual legal assistance framework or domestic law available in the relevant jurisdiction.

These distinctions matter because a measure originating in an EPPO investigation may ultimately be executed by a national authority applying its own procedural rules.

Where an EPPO investigation creates cross-border freezing or confiscation issues, international asset recovery lawyers can assess the legal basis of the measure and the procedures available in the relevant jurisdictions.

Can the EPPO Request Extradition From a Third Country?

Yes, but the EPPO does not itself issue a universally enforceable extradition order.

Article 104(7) provides that where extradition is necessary, the handling European Delegated Prosecutor may ask the competent authority of their Member State to issue an extradition request. The resulting request must comply with the applicable treaties and/or national law.

The legal framework therefore depends on several factors, including:

• which Member State is handling the EPPO case;
• where the requested person is located;
• whether an applicable extradition treaty or convention exists; and
• the domestic extradition law of the requested country.

Where an EPPO investigation develops into formal extradition proceedings, international extradition lawyers can assess the separate surrender process and the available grounds of challenge.

Can the EPPO Obtain the Surrender of a Person From Denmark or Ireland?

The mechanism differs from extradition involving a third country.

For non-participating EU Member States, the EPPO states that a European Delegated Prosecutor can issue a European Arrest Warrant or request the competent authority of their Member State to issue one, where the relevant legal conditions are met. EPPO identifies the European Arrest Warrant Framework Decision among the judicial-cooperation instruments used in relations with non-participating Member States.

This is why it is important to distinguish:

• surrender within the EU judicial-cooperation framework; and
• extradition involving a country outside that framework.

They may concern the same objective — transferring a person to face criminal proceedings — but the legal instruments and procedures are different.

Does EPPO Cooperation Give It Direct Investigative Powers in Every Country?

No. EPPO cooperation with another state does not mean that European Delegated Prosecutors automatically acquire direct law-enforcement powers in that jurisdiction.

Article 104 instead provides several legal channels through which assistance may be requested from third-country authorities. Article 105 performs a similar coordinating function in relation to non-participating EU Member States.

In practice, an EPPO case may therefore involve several legal layers at once: the EPPO investigation, the powers of the handling European Delegated Prosecutor, a mutual legal assistance request, domestic proceedings in another country, asset measures or a surrender request.

For a person or company affected by such proceedings, identifying the legal basis for each individual measure is essential. The existence of an EPPO investigation alone does not answer whether a particular evidence request, freezing order or extradition measure is lawful.

Why International Cooperation Matters in EPPO Investigations

The EPPO was created to investigate crimes affecting the EU’s financial interests, but those cases are often international in practice. Funds can be transferred through accounts outside the investigating Member State, companies may be incorporated in several jurisdictions, evidence can be stored abroad and suspects may leave the EU.

Articles 104 and 105 provide different mechanisms for dealing with those situations. The critical distinction is whether cooperation concerns a non-participating EU Member State or a third country.

For defendants, companies and asset holders, this means that an EPPO investigation may need to be assessed together with the law of the state executing the requested measure. A cross-border case cannot always be understood solely by examining the EPPO Regulation; the relevant EU instrument, international agreement and domestic law may also determine what authorities can do and how the measure can be challenged.

Frequently Asked Questions

Can the EPPO Cooperate With a Third Country Without a Working Arrangement?

Yes. A working arrangement is not the only basis for cooperation. Under Article 104 of the EPPO Regulation, cooperation with a third country may also rely on international agreements concluded by the EU, multilateral conventions, agreements applicable through participating Member States, national law, or case-specific legal assistance mechanisms.

Can a Third Country Become a Participating Member of the EPPO?

No. Formal participation in the EPPO is available to EU Member States within the enhanced-cooperation framework. Countries outside the EU can cooperate with the EPPO through international agreements, working arrangements and other judicial-cooperation mechanisms, but they do not become participating EPPO Member States.