1.If the applicable national law provides for a simplified prosecution procedure aiming at the final disposal of a case on the basis of terms agreed with the suspect, the handling European Delegated Prosecutor may, in accordance with Article 10(3) and Article 35(1), propose to the competent Permanent Chamber to apply that procedure in accordance with the conditions provided for in national law.
Where the EPPO exercises a competence in respect of offences referred to in points (a) and (b) of Article 3(2) of Directive (EU) 2017/1371 and where the damage caused or likely to be caused to the Union’s financial interest does not exceed the damage caused or likely to be caused to another victim, the handling European Delegated Prosecutor shall consult national prosecution authorities before proposing to apply a simplified prosecution procedure.
2.The Permanent Chamber shall decide on the proposal of the handling European Delegated Prosecutor taking into account the following grounds:
(a)the seriousness of the offence, based on in particular the damage caused;
(b)the willingness of the suspected offender to repair the damage caused by the illegal conduct;
(c)the use of the procedure would be in accordance with the general objectives and basic principles of the EPPO as set out in this Regulation.
The College shall, in accordance with Article 9(2), adopt guidelines on the application of those grounds.
3.If the Permanent Chamber agrees with the proposal, the handling European Delegated Prosecutor shall apply the simplified prosecution procedure in accordance with the conditions provided for in national law and register it in the case management system. When the simplified prosecution procedure has been finalised upon fulfilment of the terms agreed with the suspect, the Permanent Chamber shall instruct the European Delegated Prosecutor to act with a view to finally dispose of the case.