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In November 2022, OLAF closed investigations into an EU-funded waste management project in Hungary. OLAF recommended that the European Commission recover almost €11 million spent from the EU’s budget. The EU supported the establishment of a plant to produce compostable waste in an efficient …

During the operation OPSON XI targeting food fraud almost 15 million litres of beverages (including alcohol and wine) and almost 27,000 tonnes of fake food were seized. The results of the operation were reported by OLAF and Europol on 17 November 2022.

This news item continues the regular overview of EPPO’s operational activities for the period from mid-July to mid-October 2022 (for previous overviews → eucrim 2/2022, 97-98; eucrim 1/2022, 17-18; and eucrim 4/2021, 210-211).

On 24 October 2022, a working arrangement between the EPPO and the State Public Prosecutor’s Office of the Republic of North Macedonia was signed. aims at facilitating judicial cooperation in criminal matters and the exchange of information when it comes to the prosecution of crimes against the EU budget.

This news item continues the reporting on key EU reactions following the Russian invasion of Ukraine on 24 February 2022, as far as the impact of the invasion on the EU’s internal security policy, criminal law and the protection of the EU’s financial interests are concerned. The following overview covers the period from the end of July 2022 to the end of October 2022.

The European Parliament and Council adopted the legislative package regulating online platforms that operate their businesses in the EU. The package consists of the Digital Markets Act and the Digital Services Act. The two EU Regulations entered into force in November 2022, however they will gradually start to apply in 2023 and 2024. Big digital companies must apply the stipulated obligations earlier.

According to AG Ćapeta, a European Arrest Warrant can be refused if the person concerned was absent in the proceedings revoking the suspension of the prison sentence or in the proceedings finding guilt and determining the sentence for the second offence that triggered the revocation. However, this is under the condition that no exceptional case as defined in Art. 4a(1)(a)-(d) applies in the case at issue.

In his opinion of 14 July 2022, AG Richard de la Tour took the view that a judicial authority cannot refuse to execute a European Arrest Warrant on the basis of the risk of violation of the right to a fair trial of the person sought if the existence of systemic or generalised deficiencies affecting the judicial system of the issuing Member State has not been demonstrated.

On 13 October 2022, the ECA published its statement on the EU's general budget in 2021. It found that errors in spending from the EU budget were on the rise and issued an adverse opinion in this regard. Furthermore, it is stressed that several risks exist in relation to the EU funds made available in response to the COVID-19 pandemic and the war of aggression in Ukraine.

The Regional Court of Berlin referred several questions to the CJEU on the activities of law enforcement authorities in conjunction with the cracking of the EncroChat communications service. They relate to the interpretation of the EIO Directive. The Berlin court believes that the collection of data in the EncroChat operation was unlawful and that the data cannot be used as evidence in German criminal proceedings against persons who used EncroChat for criminal activities.