Council Regulation (EC) No 290/2001 of 12 February 2001 extending the programme of incentives and exchanges for legal practitioners in the area of civil law (Grotius — civil) (Text with EEA relevance)
Date: 2001-02-12
Institutions: Council of the European Union
Subjects: EU programme, civil law, exchange of information, joint action, judicial cooperation in criminal matters in the EU, legal profession

14.2.2001

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Official Journal of the European Communities

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(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 290/2001

of 12 February 2001

extending the programme of incentives and exchanges for legal practitioners in the area of civil law
(Grotius — civil)

(Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

(6)

Having regard to the Treaty establishing the European
Community, and in particular Article 61(c) and Article 67(1)
thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social
Committee (3),

Whereas:

(1)

(2)

(3)

(4)

(5)

The Union has set itself the objective of maintaining and
developing the Union as an area of freedom, security
and justice in which the free movement of persons is
ensured. For the gradual establishment of such an area,
the Community is to adopt, among others, the measures
relating to judicial cooperation in civil matters needed
for the proper functioning of the internal market.

Setting up a framework for projects involving training,
information, studies and exchanges for legal practi-
tioners will contribute to improving mutual under-
standing of the legal and judicial systems of the Member
States, thereby lowering the barriers to judicial coopera-
tion in civil matters between Member States.

For the purpose of the proper functioning of the internal
market, such barriers must be lowered.

This area falls within the scope of Article 65 of the EC
Treaty.

In accordance with the principle of subsidiarity set out
in Article 5 of the EC Treaty, the objectives of this
Regulation cannot be sufficiently achieved by the
Member States and can therefore be better achieved by
the Community, because of the expected economies of
the projects
scale
envisaged.

cumulative

effects of

and the

for

incentives

legal practitioners

On 28 October 1996 the Council adopted Joint Action
96/636/JHA on a programme of
and
(Grotius) (4). That
exchanges
programme sets out
to facilitate judicial cooperation
between Member States by fostering mutual knowledge
of legal and judicial systems. It is intended for legal
practitioners and provides funding for training, exchange
and work-experience programmes, organisation of meet-
ings, studies and research, and the distribution of infor-
mation.

(7)

(8)

(9)

The Grotius programme expires in 2000. It has been
deemed useful to extend the programme, but for a one-
year transition period only, pending the outcome of a
fundamental re-think of
its objectives,
operation and links with other ongoing programmes.

its future,

i.e.

As regards judicial cooperation in civil matters,
the
Grotius programme is being extended on the basis of a
Community instrument. A separate and parallel exercise
is in hand to extend the Grotius programme as regards
judicial cooperation in criminal matters on the basis of
an instrument coming under the Treaty on European
Union.

This Regulation takes over most of the provisions of
Joint Action 96/636/JHA, with some adjustments to
allow for limitation of the scope to judicial cooperation
in civil matters and for the transitional nature of the
exercise.

(10) A financial reference amount within the meaning of
point 34 of the Interinstitutional Agreement between the
European Parliament, the Council and the Commission
of 6 May 1999 on budgetary discipline and improve-
ment of the budgetary procedure (5), is included in this
thereby affecting the
Regulation for 2001, without
powers of the budgetary authority as they are defined by
the Treaty.

(1) OJ C 365 E, 19.12.2000, p. 262.
(2) Opinion of 13.12.2000 (not yet published in the Official Journal).
(3) Opinion of 29.11.2000 (not yet published in the Official Journal).

(4) OJ L 287, 8.11.1996, p. 3.
(5) OJ C 172, 18.6.1999, p. 1.

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(11)

(12)

The measures necessary for the implementation of this
Regulation should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (1).

The United Kingdom and Ireland,
in accordance with
Article 3 of the Protocol on the position of the United
Kingdom and Ireland annexed to the Treaty on Euro-
pean Union and the Treaty establishing the European
Community, have given notice of their wish to take part
in the adoption and application of this Regulation.

(13) Denmark, in accordance with Articles 1 and 2 of the
Protocol on the position of Denmark annexed to the
Treaty on European Union and to the Treaty establishing
the European Community,
is not participating in the
adoption of this Regulation, and is therefore not bound
by it nor subject to its application,

HAS ADOPTED THIS REGULATION:

For the purposes of this Regulation ‘Member State’ means

5.
all the Member States except Denmark.

Article 2

The financial reference amount for the implementation of

1.
the programme in 2001 shall be EUR 650 000.

2.
The appropriation laid down in paragraph 1 shall be
authorised by the budgetary authority within the limits of the
financial perspective.

CHAPTER II

Project objectives

Article 3

CHAPTER I

Provided they are concerned with judicial cooperation in civil
matters, projects with the following objectives may be consid-
ered under ‘training’:

Extension of the programme

— fostering of foreign language knowledge,

in particular a

working knowledge of legal

language,

Article 1

— knowledge of the legal institutions and procedures of the

other Member States, and how they function,

The Grotius programme established by Joint Action 96/
1.
636/JHA shall be extended to cover the year 2001, as regards
judicial cooperation in civil matters, under the conditions laid
down in this Regulation.

— exchange of experience between those responsible for the
training of
legal practitioners, and between institutions
responsible for basic training and those responsible for
continuing training,

This programme of incentives and exchanges for legal
2.
practitioners in the area of civil law (‘Grotius — civil’) seeks to
foster mutual knowledge of legal and judicial systems and to
facilitate judicial cooperation between Member States in the
area of civil

law.

For the purposes of this Regulation,

3.
‘legal practitioners’
means judges, prosecutors, advocates, solicitors, academic and
scientific personnel, ministry officials, court officers, bailiffs,
court interpreters and other professionals associated with the
judiciary in the area of civil

law.

4.

The programme shall comprise the following:

— training,

— exchange and work-experience programmes,

— organisation of meetings,

— studies and research,

— distribution of information.

(1) OJ L 184, 17.7.1999, p. 23.

— preparation of

training projects,
exchanges and internships, conferences or seminars orga-
nised as part of the implementation of the programme.

teaching modules for

Article 4

Provided they are concerned with judicial cooperation in civil
matters, projects with the following objectives may be consid-
ered under ‘exchange and placement programmes for training
purposes’:

— organisation of work experience of limited duration in the
institutions or with legal practitioners in Member
legal
States other than the Member State of origin, in the Court
of Justice of the European Communities, in the Court of
First Instance as well as in the European Court of Human
Rights,

— organisation of visits to legal institutions or to legal practi-
tioners in a number of other Member States on specific
themes or
the European
Communities, in the Court of First Instance as well as in the
European Court of Human Rights.

in the Court of

Justice of

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Article 5

Provided they are concerned with judicial cooperation in civil
matters, projects with the following objectives may be consid-
ered under ‘organisation of meetings’:

— organisation of bilateral or European conferences on legal

topics of general

interest,

— organisation of multidisciplinary conferences on topical or

new legal subjects relating to judicial cooperation,

— organisation of seminars based around case studies on
sentencing, in the course of which judges from different
Member States deliver a verdict on the same court case.

Article 6

Provided they are concerned with judicial cooperation in civil
matters, projects with the following objectives may be consid-
ered under ‘studies and research’:

— preparatory analysis of subjects chosen for projects to be
implemented within the framework of the programme,

— analysis of reports on work experience or meetings orga-

nised within the framework of the programme,

— coordination of research on topics relating to judicial

cooperation.

Article 7

Provided they are concerned with judicial cooperation in civil
matters, projects with the following objectives may be consid-
ered under ‘distribution of information’:

— hard-copy or on-line distribution of information on legisla-
in the original or in

tive amendments or draft reforms,
translation,

— dissemination of information on projects under Articles 3,
4 and 5, the results of meetings under Article 5 or the
findings of research carried out under Article 6 and the
application of this research,

— creation of databases and/or documentation networks
including lists of articles, publications, studies and legisla-
tion in fields relating to judicial cooperation.

CHAPTER III

Programme implementation arrangements

Article 8

1.
Projects financed by the Community must be of demon-
strable European interest and involve more than one Member
State.

Projects may be managed by national and non-govern-
legal and judicial

2.
mental organisations, and in particular
training establishments and research centres.

The selection process for projects for which finance is

3.
requested shall have regard,

inter alia, to:

— the extent to which the subjects covered conform with
work that is already in progress or planned for the future
under Community action programmes in fields relating to
judicial cooperation in civil matters,

— the contribution to the elaboration or implementation of
instruments provided for under Title IV of Part Three of the
EC Treaty,

— the extent to which the different projects complement each

other,

— the range of professions to which they are addressed,

— the quality of the institution responsible,

— the operational and practical nature of the projects,

— the degree of preparation of the participants,

— the possibility of using the results of the project to make
further progress in judicial cooperation in civil matters.

These projects may associate practitioners

4.
from the
Member State not bound by this Regulation, States which have
applied for membership where this would contribute to their
preparation for accession or other non-member countries
where this would be useful.

Article 9

The financing decisions and the contracts arising from them
shall provide for monitoring and financial control by the
Commission and audits by the Court of Auditors.

Article 10

All types of expenditure which are directly chargeable to
1.
the implementation of
the project and which have been
committed within a contractually agreed period shall be
eligible.

2.
The proportion of financial support from the general
budget of the European Union shall not exceed 80 % of the
cost of the project.

3.
Translation and interpreting costs, computing costs, and
expenditure on durables or consumables shall not be taken into
consideration unless they are essential for the realisation of the
project, and shall only be financed up to a limit of 50 % of the
grant or 80 % in cases where the nature of the project makes
them indispensable.

4.
Expenditure relating to premises, collective facilities, and
the salaries of officials of the State and public bodies shall be
eligible only if it corresponds to postings and tasks which have
no national purpose or function but are specifically connected
with the implementation of this Regulation.

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CHAPTER IV

Procedures, assessment and follow-up

to it. Decisions concerning these projects shall be taken in
accordance with the procedure laid down in Article 12(2).

The Commission shall assess the measures implementing

4.
the programme.

Article 11

Article 12

1.
The Commission shall be responsible for carrying out the
measures provided for in this Regulation and shall adopt
detailed rules for its implementation, including the criteria for
the eligibility of costs.

2.
The 2000 programme for implementing this Regulation
shall be extended, as regards judicial cooperation in civil
matters, to cover the year 2001 in terms of the thematic
priorities and the distribution of available appropriations
between fields of activity (1). Both this programme and the call
for applications shall be published in the Official Journal of the
European Communities.

Projects

for which financing is

3.
requested shall be
submitted to the Commission for scrutiny before 30 April
2001. The Commission shall examine each project submitted

1.

The Commission shall be assisted by a Committee.

2. Where reference is made to this paragraph, Articles 3 and
7 of Decision 1999/468/EC shall apply.

3.

The Committee shall adopt its rules of procedure.

Article 13

The Commission shall report to the European Parliament and
the Council on the implementation of the programme at the
end of the financial year 2001.

Article 14

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaty establishing the European Community.

Done at Brussels, 12 February 2001.

For the Council

The President

B. RINGHOLM

(1) OJ C 12, 15.1.2000, p. 17.