Cap. 9 · Criminal Code (Cap. 9)
Cap. 9 Art. 190BInterpretation.
Sub-title III
For the purposes of this Sub-title the following definitions, unless the context otherwise requires, shall apply:
"public officer" shall have the same meaning as is assigned to it in article 92 and shall also include a Union official or a national official of a Member State of the European Union and any national official of a third country;
(i) "Union Official" means a person who is:
- an official or other servant engaged under contract by the European Union within the meaning of the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union laid down in Council Regulation (EEC, Euratom, ECSC) No. 259/68 (the ‘Staff Regulations’), or
- seconded to the European Union by a Member State or by any public or private body, who carries out functions equivalent to those performed by Union officials or other servants:
Provided that, without prejudice to the provisions on privileges and immunities contained in Protocols No. 3 and No. 7 annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Members of the European Union institutions, bodies, offices and agencies, set up in accordance with the Treaties and the staff of such bodies shall be assimilated to Union officials, inasmuch as the Staff Regulations do not apply to them;
(ii) "national official" shall include any person holding an executive, administrative or judicial office at national, regional or local level. Any person holding a legislative office at national, regional or local level shall be assimilated to a national official;
(iii) any other person assigned and exercising a public service function involving the management of or decisions concerning the Union’s financial interests in Member States or third countries;
"European Union’s financial interests" shall mean all revenues, expenditure and assets covered by, acquired through, or due to:
(a) the European Union budget;
(b) the budgets of the European Union institutions, bodies, offices and agencies established pursuant to the Treaties or budgets directly or indirectly managed and monitored by them.
Amendment history
- Amended by XIV.2023.2