A4-0101/97

Draft Council act drawing up a Convention on the service in the Member States of the European Union of judicial and extrajudicial documents in civil or commercial matters; draft convention, drawn up on the basis of Article K.3 of the Treaty on European Union, on the service in the Member States of the European Union of judicial and extrajudicial documents in civil or commercial matters; draft Council act drawing up the Protocol on the interpretation, by the Court of Justice of the European Communities, of the Convention on the service in the Member States of the European Union of judicial and extrajudicial documents in civil and commercial matters; Protocol, drawn up on the basis of Article K.3 of the Treaty on European Union, on the interpretation, by the Court of Justice of the European Communities, of the Convention on the service in the Member States of the European Union of judicial and extrajudicial documents in civil or commercial matters (5313/97 - C4-0062/97 - 97/0901(CNS))

The draft was approved with the following amendments:

(Amendment 2)

Recital 1a (new)

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Whereas a proposal amending Article 20 of the Brussels Convention on jurisdiction and enforcement of judgments in civil and commercial matters will be submitted for an opinion to the European Parliament in order to take into account the adoption of the Convention on the service in the Member States of the European Union of judicial and extrajudicial documents in civil or commercial matters;

DRAFT CONVENTION

(Amendment 3)

Article 2(3) (new Article 2AA following Article 2)

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3. A Member State may declare, when giving the notification referred to in Article 16(2), that it will designate one transmitting agency or/and one receiving agency. A federal State, a State in which several legal systems apply or a State with autonomous territorial organizations shall be free to designate more than one such agency. The designation shall have effect for a period of five years and may be renewed at five-year intervals.

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Article 2AA

Exception

1. As an exception to the general rule stated in Article 2, a Member State may declare, when giving the notification referred to in Article 16(2), that it will designate one transmitting agency or/and one receiving agency. Use of such an exception will only be made if the system of the Member State for the transmission of judicial and extrajudicial documents does not yet allow for direct transmission.

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2. As an exception to the general rule stated in Article 2, a federal State, a State in which several legal systems apply or a State with autonomous territorial organizations shall be free to designate more than one such agency. Use of such an exception will only be made if the system of the Member State for the transmission of judicial and extrajudicial documents does not yet allow for direct transmission.

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3. With a view to ongoing harmonization of transmission procedures the designations mentioned in this Article shall have effect for a period of five years and may only be renewed at one five-year interval with agreement of all other Member States.

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4. Each Member State, when giving the notification referred to in Article 16(2), shall provide the following information:

- the names and addresses of the receiving agencies referred to in paragraphs 1 and 2,

- the geographical areas in which they have jurisdiction,

- the means of receipt of documents available to them, and

- the languages that may be used for the completion of the standard forms annexed to the Convention.

(Everywhere Article 2 is mentioned Article 2AA must also be added)

(Amendment 4)

Article 2(4)

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4. Each Member State, when giving the notification referred to in Article 16(2), shall provide the following information:

- the names and addresses of the receiving agencies referred to in paragraphs 2 and 3,

- the geographical areas in which they have jurisdiction,

- the means of receipt of documents available to them, and

- the languages that may be used for the completion of the standard forms annexed to the Convention.

The Member States shall notify the depositary of any subsequent modification of such information.

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3. Each Member State, when giving the notification referred to in Article 16(2), shall provide the following information:

- the names and addresses of the receiving agencies referred to in paragraph 2,

- the geographical areas in which they have jurisdiction,

- the means of receipt of documents available to them, and

- the languages that may be used for the completion of the standard forms annexed to the Convention.

The Member States shall notify the depositary of any subsequent modification of such information.

(Amendment 5)

Article 2a (1)(b)

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(b) seeking solutions to any difficulties which may arise during transmission of documents for service;

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(b) seeking solutions to any difficulties which may arise during transmission of documents for service, including help in cases of a wrong address or language problems;

(Amendment 6)

Article 7(1a) (new)

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1a. The addressee may ask the help of the central body in the Member State of his residence for an indicative translation in (one of) the official language(s) of that Member State.

(Amendment 7)

Article 8(2)

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2. However, where a document must be served within a particular period in the context of proceedings to be brought or pending in the Member State of origin, the date to be taken into account with respect to the applicant shall be that fixed by the law of that Member State.

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2. However, where a document must be served within a particular period in the context of proceedings to be brought or pending in the Member State of origin, the date to be taken into account with respect to the applicants side of the procedure shall be deemed to be the date fixed in accordance with the law of that Member State.

(Amendment 8)

Article 9A(1)

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1. The service of judicial documents coming from a Member State shall not give rise to any payment or reimbursement of taxes or costs for services rendered by the Member State addressed.

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1. The service of judicial documents coming from a Member State shall not give rise to any payment or reimbursement of taxes or costs for services rendered by the Member State addressed nor any contribution to the 'one¨ transmitting agency, to the 'one¨ receiving agency or the central body.

(Amendment 9)

Section 2, Title

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Other means of transmission and service of judicial documents

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Other exceptional means of transmission and service of judicial documents

(Amendment 11)

Article 10A (1)

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Each Member State shall be free to effect service of judicial documents on persons residing in another Member State, without application of any compulsion, directly through its diplomatic or consular agents.

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Each Member State may, in exceptional circumstances, effect service of judicial documents on persons residing in another Member State, without application of any compulsion, directly through its diplomatic or consular agents.

(Amendment 12)

Section 3 (new) (before Article 10B)

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Section 3

Direct service and service by mail

(Amendment 13)

Article 12(1a) (new)

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1a. Each Member State and the Commission shall designate one member of the Executive Committee. The member designated by the Commission shall act as chairman. Decisions shall be taken by simple majority. In the event of a tie the chairman shall have a casting vote.

(Amendment 14)

Article 12 (2)

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2. The Committee shall meet at least once a year. It shall meet for the first time as soon as the Convention is applied, as provided for in Article 16(4), between three Member States. It shall monitor the functioning of the Convention and, in particular, the effectiveness of the agencies designated under Article 2 and the practical application of Articles 2a(1) c) and 8. It shall report to the Council thereon within 3 years of its first meeting and every five years thereafter.

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2. The Committee shall meet at least once a year. It shall meet for the first time as soon as the Convention is applied, as provided for in Article 16(4), between three Member States. It shall monitor the functioning of the Convention and, in particular, the effectiveness of the agencies designated under Article 2 and the practical application of Articles 2a(1) c) and 8. It shall report to the Council and the European Parliament thereon within 3 years of its first meeting and every five years thereafter.

(Amendment 15)

Article 17A

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1. Without prejudice to Article 12(4), amendments to this Convention may be proposed by any Member State, being a High Contracting Party, or by the Commission. Any proposal for an amendment shall be sent to the depositary, who shall forward it to the Council.

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Without prejudice to the constitutional powers of the Member States this Convention may be amended or replaced in accordance with the procedures laid down in the Treaty on European Union.

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2. Amendments shall be adopted by the Council, which shall recommend that they be adopted by the Member States in accordance with their respective constitutional requirements.

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3. Amendments thus adopted shall enter into force in accordance with the provisions of Article 16(3).

(Amendment 16)

Article 18(2)(d)

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(ca) declarations referred to in Article 16(4) concerning provisional application,

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(d) declarations referred to in Articles 2(1) and (2), 2a, 3(3), 9(2), 10B(2), 13(1b) and (2c), and 16(4),

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(d) declarations referred to in Articles 3(3), 9(2), 10B(2), 13(1b) and (2c),

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(da) the lists of transmission agencies, receiving agencies, required under Articles 2 and 2AA, and the central bodies with a short notice of the information required under Article 2(3).

Legislative resolution embodying Parliament's opinion on the draft Council act drawing up a Convention on the service in the Member States of the European Union of judicial and extrajudicial documents in civil or commercial matters; draft convention, drawn up on the basis of Article K.3 of the Treaty on European Union, on the service in the Member States of the European Union of judicial and extrajudicial documents in civil or commercial matters; draft Council act drawing up the Protocol on the interpretation, by the Court of Justice of the European Communities, of the Convention on the service in the Member States of the European Union of judicial and extrajudicial documents in civil and commercial matters; Protocol, drawn up on the basis of Article K.3 of the Treaty on European Union, on the interpretation, by the Court of Justice of the European Communities, of the Convention on the service in the Member States of the European Union of judicial and extrajudicial documents in civil or commercial matters (5313/97 - C4-0062/97 - 97/0901(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Council draft (5313/97 - 97/0901(CNS)),

- having been consulted by the Council pursuant to Article K.6, second paragraph, of the Treaty on European Union (C4-0062/97),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Civil Liberties and Internal Affairs (A4-0101/97),

1. Approves the Council draft, subject to Parliament's amendments;

2. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

3. Instructs its President to forward this opinion to the Council and Commission.