WRITTEN QUESTION E-2255/01

by Glyn Ford (PSE) to the Commission

(31 July 2001)

Subject: Harmonisation

Although considerable progress has been made in harmonising economic policy within the EU, many non-economic aspects seems to have been forgotten.

As an example, I quote the following:

- English birth certificates are not recognised in most other EU countries, and have to be legally translated, which is often a costly process;

- marriage certificates are likewise not recognised abroad;

- the English MOT for cars is also not recognised in many other Member States, in the same way as the German MOT (TÜV) is not recognised in the UK.

What measures is the Commission taking to rectify this situation and make life easier for EU citizens when they travel around, or live elsewhere in, the European Union?

Answer given by Mr Vitorino on behalf of the Commission

(23 November 2001)

The creation of an area of freedom, security and justice is an essential component of Community action to support the free movement of persons. These new powers conferred on the Community by the Treaty of Amsterdam include the adoption of measures on judicial and administrative cooperation.

In accordance with the priorities identified by the Tampere European Council of October 1999, the development of Community policy in the area of judicial cooperation is based on the mutual recognition of decisions. Although this is a new policy area, a number of important instruments have already been adopted which are expected to bring real benefits to Union citizens.

For example, as regards the status or legal capacity of natural persons, which is the subject of the first two examples quoted by the Honourable Member, Council Regulation (EC) No 1347/2000(1) provides for the recognition of decisions on divorce and decisions on parental responsibility taken on the same occasion concerning the children of both spouses. A further step was taken with the presentation on 6 September 2001 of a Commission proposal for the recognition of all decisions on parental responsibility(2). As the Honourable Member indicates, there are no Community rules for the recognition of birth and marriage certificates, and no specific initiatives are planned in this area for the time being.

In addition to the mutual recognition of decisions, work is also in progress on a number of complementary measures designed to improve access to justice across the Community. For example, a Regulation on the service of documents and a Regulation on the taking of evidence have been adopted with a view to facilitating cross-border proceedings. Furthermore, a European Judicial Network in civil and commercial matters(3) is currently being set up for the purpose of reinforcing cooperation among authorities and making information more accessible to the public.

Directive 96/96/EC of 20 December 1996 relating to roadworthiness tests for motor vehicles(4) harmonises certain technical aspects of such tests but does not provide for the recognition of certificates issued by national test centres.

However, there are plans to amend the Directive so as to ensure greater harmonisation. Until such time as this is done, those concerned can refer to the Commission's interpretative communication in which it reiterated (in 1996) the principles of Community law applicable to procedures for the type-approval and registration of vehicles previously registered in another Member State(5).

(1) Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses (OJ L 160, 30.6.2000).

(2) COM(2001) 505 final.

(3) Council Decision 2001/470/EC of 28 May 2001 establishing a European Judicial Network in civil and commercial matters (OJ L 174, 27.6.2001).

(4) OJ L 49, 25.2.1999.

(5) OJ C 143, 15.5.1996.