Amended proposal for a Council Decision establishing a European Judicial Network in civil and commercial matters (presented by the Commission pursuant to Article 250(2) of the EC-Treaty)
Date: 2001-04-24
Institutions: European Commission
Subjects: civil law, commercial law, exchange of information, information network, information system

28.8.2001

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Official Journal of the European Communities

C 240 E/101

Amended proposal for a Council Decision establishing a European Judicial Network in civil and
commercial matters (1)

(2001/C 240 E/15)

COM(2001) 234 final (cid:151) 2000/0240(CNS)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 24 April 2001)

(1) OJ C 29 E, 30.1.2001, p. 281.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE COUNCIL OF THE EUROPEAN UNION,

Unchanged

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

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Whereas:

(1) 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 assured.

(2) The gradual establishment of

this area and the sound
operation of
the internal market entails the need to
improve, simplify and expedite effective judicial coop-
eration between the Member
and
commercial matters.

in civil

States

to implement

(3) The Action Plan adopted by the Council and the
Commission on 3 December 1998 and approved by the
European Council on 11 and 12 December 1998 on how
the Treaty of
best
Amsterdam on an area of freedom, security and justice (1)
acknowledges that reinforcement of judicial cooperation
in civil matters represents a fundamental stage in the
creation of a European judicial area which will bring
tangible benefits for every Union citizen.

the provisions of

(4) One of the measures planned by paragraph 40(d) of the
Action Plan within two years is to examine the possibility
the European Judicial
of extending the concept of
Network in criminal matters
civil and
to embrace
commercial proceedings.

___________
(1) OJ C 19, 23.1.1999, p. 1.

(1) The Union has set itself the objective of maintaining and
developing the Union as an area of freedom, security and
justice, in which citizens have the possibility of bringing
actions before the courts or authorities of other Member
States as easily as before those of their State of origin.

Unchanged

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INITIAL PROPOSAL

AMENDED PROPOSAL

(5) The conclusions of the special European Council held at
Tampere on 15 and 16 October 1999 recommend the
establishment of an easily accessible information system,
to be maintained and up-dated by a Network of
competent national authorities.

(6) In order

to improve,

simplify and expedite effective
judicial cooperation between the Member States in civil
and commercial matters,
it is necessary to establish at
Community level a network cooperation structure (cid:151)
the European Judicial Network in civil and commercial
matters.

(7) This is a subject now falling within the ambit of Article
65 of the Treaty, and the measures are to be adopted in
accordance with Article 67.

(8) To ensure the attainment of

the
European Judicial Network in civil and commercial
matters, the rules governing its establishment must be
laid down in a mandatory instrument of Community law.

the objectives of

(9) In accordance with the principles of subsidiarity and
proportionality as set out in Article 5 of the Treaty, of
this Decision to improve effective judicial cooperation
between the Member States and effective access
to
justice for persons engaging in cross-border litigation. (cid:151)
cannot be sufficiently achieved by the Member States and
can therefore be better achieved by the Community.
cannot be sufficiently achieved by the Member States,
by the Community. This Decision confines itself to the
minimum required in order to achieve those objectives
and does not go beyond what
that
purpose.

is necessary for

(9) The objective of

this Decision is to improve effective
judicial cooperation between the Member States and
thereby ensure effective access
to justice and rapid,
reliable dispute-settlement for persons engaging in cross-
In accordance with the principles of
border litigation.
subsidiarity and proportionality as set out in Article 5
of the Treaty, since that objective cannot be sufficiently
achieved by the Member States, it must be pursued by the
Community. This Decision confines itself to the minimum
required in order to achieve those objectives and does not
go beyond what is necessary for that purpose.

(10) The European Judicial Network in civil and commercial
matters established by this Decision seeks to facilitate
judicial cooperation between the Member States in civil
and commercial matters both in areas to which existing
instruments apply and in those where no instrument is
currently applicable.

Unchanged

(10a) The European Judicial Network in civil and commercial
matters is to facilitate and contribute to the implemen-
tation of Council Regulation (EC) No 44/2001 of 22
December 2000 on jurisdiction and the recognition
and enforcement of judgments in civil and commercial
matters (1) and 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 joint children (2).
The Network is to be an auxiliary instrument for all
future decisions regarding the mutual recognition of
judgments.

___________
(1) OJ L 12, 16.1.2001, p. 1.
(2) OJ L 160, 30.6.2000, p. 19.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(11) In certain specific areas, Community or

international
instruments relating to judicial cooperation in civil and
cooperation
commercial matters already provide for
mechanisms. The European Judicial Network in civil and
to replace these
commercial matters does not set out
mechanisms, and it must operate in full
for
respect
them. This decision will
consequently be without
instruments
prejudice to Community or
relating to judicial cooperation in civil or commercial
matters.

international

(12) The European Judicial Network in civil and commercial
matters must be established in stages on the basis of the
closest cooperation between the Commission and the
Member States.
It must be able to take advantage of
modern communication and information technologies.

(13) To attain its objectives,

the Network needs

to be
supported by contact points designated by the Member
States and to be sure of the participation of their auth-
judicial coop-
orities with specific responsibilities for
eration in civil
contacts
between them and periodic meetings are essential to the
operation of the Network.

and commercial matters;

(14) It is essential that efforts to establish an area of freedom,
security and justice produce tangible benefits for persons
is accordingly
engaging in cross-border
necessary for the European Judicial Network in civil and
commercial matters to promote access to justice. To this
end, using the information supplied and updated by the
contact points, the Network should gradually establish an
information system that is accessible to the general public.

litigation.

It

(15) This Decision does not preclude

the provision of
information other
than that which is provided for
therein within the Network and to the general public;
the enumeration in Title III
to be
regarded as exhaustive.

is accordingly not

(16) To ensure

that

the Network remains

an effective
instrument, incorporates the best practice in judicial coop-
eration and internal operation and meets the general
public’s
for
periodic evaluations and for proposals for such changes
as may be found necessary.

expectations, provision must be made

Unchanged

(15) This Decision does not preclude

the provision of
information other
than that which is provided for
therein within the Network and to the general public;
the enumeration in Title III
to be
regarded as exhaustive. The Network, as a means of
attaining its objectives, will be able to cooperate on the
development of specific projects in its area of interest,
such as databases to facilitate access to justice in cross-
border litigation.

is accordingly not

Unchanged

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INITIAL PROPOSAL

AMENDED PROPOSAL

(17) In accordance with Article 1 of

the Protocol on the
position of the United Kingdom and Ireland, annexed to
the Treaty on European Union and the Treaty establishing
the European Community,
the United Kingdom and
Ireland are not participating in the adoption by the
Council of the measures provided for by this Decision.

(18) In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark, annexed to the Treaty on
European Union and
the
European Community, Denmark is not participating in
the adoption of this Decision; this Decision is accordingly
not binding on Denmark, nor is it applicable in its regard,

the Treaty

establishing

HAS ADOPTED THIS DECISION:

TITLE I

PRINCIPLES OF THE EUROPEAN JUDICIAL NETWORK IN
CIVIL AND COMMERCIAL MATTERS

Article 1

Establishment

A European Judicial Network in civil and commercial matters
((cid:145)the Network(cid:146)) is hereby established among the Member States.

Article 2

Composition

1.

The Network shall be composed of:

(a) central contact points designated by the Member States and,
if appropriate, additional contact points designated in
accordance with paragraph 2 of this Article;

(b) central authorities,

judicial authorities or other relevant
authorities of the Member States with specific responsi-
bilities for judicial cooperation in civil and commercial
matters under Community instruments,
instruments of
law to which the Member States are parties
international
or rules of domestic law;

(c) the liaison magistrates to whom Joint Action 96/277/JAI
applies (1), where they have responsibilities in cooperation
in civil and commercial matters;

(d) any other appropriate judicial or administrative authority
whose membership of the Network is considered to be
useful by the Member State to which they belong in view
of the relevance of their involvement for the attainment of
the objectives of the Network.

___________
(1) OJ L 105, 27.4.1996, p. 1.

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INITIAL PROPOSAL

AMENDED PROPOSAL

existence of

2.
Each Member State shall designate a central contact point.
Member States may designate a limited number of additional
contact points if they consider this necessary on the basis of
the
the domestic
distribution of jurisdiction, the tasks to be entrusted to them
or in order to directly associate judicial bodies that frequently
deal with cross-border litigation with the activities of
the
contact points.

systems,

separate

legal

Where a Member State designates additional contact points, it
shall ensure that appropriate coordination mechanisms apply
between them.

The Member

3.
States
mentioned at points (b) and (c) of paragraph 1.

identify

shall

the

authorities

The Member States

4.
mentioned at point (d) of paragraph 1.

shall designate

the

authorities

The Member States shall notify the Commission of the
5.
names and full addresses of
the authorities referred to in
paragraph 1, specifying the communication facilities available
to them and their knowledge of languages in accordance with
Article 18. This information shall be regularly updated in
accordance with Article 16.

Article 3

Tasks and activities of the Network

1.

The Network shall be responsible for:

(a) facilitating judicial cooperation between the Member States

in civil and commercial matters,

(b) devising,

an
establishing
information system that is accessible to the general public.

gradually

updating

and

2. Without prejudice to other Community or international
instruments
cooperation in civil or
commercial matters, the Network shall develop activities for
the following purposes in particular:

relating to judicial

(cid:151) removing practical barriers to the smooth operation of
procedures having a cross-border impact and to effective
judicial
in
particular where
international
no
instrument is applicable;

cooperation between the Member States,
Community

or

(cid:151) removing practical barriers to the smooth operation of
procedures having a cross-border impact and to effective
judicial cooperation between the Member States;

(cid:151) the effective implementation of Community instruments or
conventions in force between two or more Member States;

Unchanged

(cid:151) the

facilitation of

judicial
addressed by one Member State to another;

requests

for

cooperation

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INITIAL PROPOSAL

AMENDED PROPOSAL

(cid:151) the establishment and maintenance of an information
system for the general public on judicial cooperation in
civil and commercial matters in the European Union,
relevant Community and international
instruments and
the domestic law of the Member States, with particular
reference to access to justice.

3.
The Network’s activities shall be without prejudice to
initiatives taken by the Community or the Member States to
promote alternative dispute-settlement schemes.

Article 4

Modus operandi of the Network

The Network shall accomplish its tasks in particular by the
following means:

(a)

(b)

(c)

it shall facilitate appropriate contacts between the auth-
the Member States mentioned in Article 2(1)
orities of
for
the tasks provided for by
Article 3;

the accomplishment of

it shall organise periodic meetings of the contact points
and of the members of the Network in accordance with
the rules laid down in Title II;

information on judicial

it shall elaborate and permanently update certain categories
of
cooperation in civil and
commercial matters and the legal systems of the Member
States in accordance with the rules laid down in Title III.

Article 5

Contact points

The contact points shall be at the disposal of the auth-
for the accom-

1.
orities referred to in Article 2(1)(b)
plishment of the tasks provided for by Article 3.

to (d)

The contact points shall also be at the disposal of the local
judicial authorities in their own Member State for the same
purposes, in accordance with rules to be determined by each
Member State.

2.

In particular, the contact points shall:

(a) supply the other contact points, the authorities mentioned
in Article 2(1)(b) to (d) and the local judicial authorities in
their own Member State with all the information needed
for sound judicial cooperation between the Member States
in accordance with Article 3, in order to assist them in
preparing operable requests for judicial cooperation and in
establishing the most appropriate direct contacts;

(b) seek solutions to difficulties arising on the occasion of a
judicial cooperation, without prejudice to

request
paragraph 4 of this Article and to Article 6;

for

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INITIAL PROPOSAL

AMENDED PROPOSAL

(c)

the processing of requests for
facilitate coordination of
judicial cooperation in the relevant Member State,
in
particular where several requests from the judicial auth-
orities
to be executed in
another Member State;

in that Member State fall

(d) assist with the preparation and updating of the information
referred to in Title III, and in particular with the
information system for the general public, in accordance
with the rules laid down in that Title.

3. Where a contact point receives a request for information
to which it is unable to respond,
it shall forward it to the
contact point or the member of the Network which is best
remain
able to respond to it. The contact point
for
available for any such assistance as may be useful
subsequent contacts.

shall

in which Community or

4. Where a contact point receives requests for information
relating to areas
international
instruments governing judicial cooperation already provide
for the designation of authorities responsible for facilitating
judicial cooperation,
identify those authorities and
inform the requestor accordingly so that the requestor may
address the request to the appropriate cooperation mechanism.

it shall

Article 6

Relevant authorities for the purposes of Community or
international instruments relating to judicial cooperation
in civil and commercial matters

The involvement of relevant authorities provided for by
1.
instruments relating to judicial
Community or international
cooperation in civil and commercial matters in the Network
shall be without prejudice to the powers conferred on them by
the instrument providing for their designation.

Contacts within the Network shall be without prejudice to
regular or occasional contacts between these authorities.

In each Member State the authorities provided for by
2.
Community or international
instruments relating to judicial
cooperation in civil and commercial matters and the contact
points of the Network shall engage in regular exchanges of
views and contacts to ensure that their respective experience
is disseminated as widely as possible.

3.
The contact points of the Network shall be at the disposal
of the authorities provided for by Community or international
relating to judicial cooperation in civil and
instruments
commercial matters and shall assist them in all practicable
ways.

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INITIAL PROPOSAL

Article 7

Language knowledge of the contact points

AMENDED PROPOSAL

the Network, each
To facilitate the practical operation of
the contact points have
Member State shall ensure that
adequate knowledge of an official
language of the European
Union other than their own, given that they need to be able
to communicate with the contact points in other Member
States.

To facilitate the practical operation of the Network, each
1.
the contact points have
Member State shall ensure that
adequate knowledge of an official
language of the European
Union other than their own, given that they need to be able
to communicate with the contact points in other Member
States.

2. Member States shall facilitate and encourage specialised
language training for the staff of contact points and shall
in
exchanges of
promote
different Member States.

staff between contact points

Article 8

Unchanged

Communication facilities

The contact points shall use the most appropriate tech-
1.
nological facilities in order to reply as efficiently and as swiftly
as possible to requests made to them.

The Commission shall establish a secure limited-access
2.
electronic information exchange system in consultation with
the contact points.

3. Where possible the network shall make use of services
developed in the performance of Community measures relating
to trans-European networks
for data interchange between
administrations (IDA).

TITLE II

Unchanged

IMPLEMENTATION AND OPERATION OF THE NETWORK

Article 9

Meetings of the contact points

1.
The contact points of the Network shall meet from time
to time, and no less than three times each year, in accordance
with Article 12.

2.
Each Member State shall be represented at these meetings
by one or more contact points, who may be accompanied by
other members of the Network, but there shall be no more
than four representatives per Member State.

3.
The first meeting of the contact points shall be held no
later than three months following the entry into operation of
this Decision, without prejudice to the possibility of prior
preparatory meetings.

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AMENDED PROPOSAL

INITIAL PROPOSAL

Article 10

Purpose of periodic meetings of contact points

The purpose of the periodic meetings of contact points

1.
shall be to:

(a) enable the contact points to get to know each other and
exchange experience, in particular as regards the operation
of the Network;

(b) provide a platform for discussion of practical and legal
problems met by the Member States in the course of
judicial cooperation, with particular reference to measures
adopted by the European Community;

(c)

identify best practices in judicial cooperation in civil and
commercial matters and ensure that relevant information is
disseminated within the Network;

(d) exchange data and views,

in particular on the structure,
organisation and content of and access to the available
information mentioned in Title III;

(e) define

the methodology

gradually establishing the practical
provided for by Article 15,
subject-matters
attained by each of them;

and establish guidance

for
information sheets
in particular as regards the
to be

to be covered and the results

(f)

identify specific initiatives other than those referred to in
Title III which pursue comparable objectives.

2.
The Member States shall ensure that experience in the
operation of specific cooperation mechanisms provided for
by Community or
shared at
meetings of the contact points.

international

instruments

is

Article 11

Meetings of members of the Network

1. Meetings open to all members of the Network shall be
held to enable them to get to know each other and exchange
experience, to provide a platform for discussion of practical
and legal problems met and to deal with specific questions.

2.
The first meeting of members of the Network shall be
held within the first year following the entry into operation of
this Decision.

Subsequent meetings shall be convened on an ad hoc

3.
basis in accordance with Article 12.

Each Member State shall be represented at these meetings

4.
by no more than twelve authorities.

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AMENDED PROPOSAL

INITIAL PROPOSAL

Article 12

Organisation and proceedings of meetings of the Network

The Commission, in close cooperation with the Member
the Union, shall convene the
It shall chair

1.
States and the Presidency of
meetings provided for by Articles 9 and 11.
them and provide secretarial services.

2.
Before each meeting the Commission shall prepare the
draft agenda in close consultation with the Presidency of the
Union and the Member States via their respective contact
points.

3.
The contact points shall be notified of the agenda prior
to the meeting. They may ask for changes to be made or for
additional items to be entered.

4.
After each meeting the Commission shall prepare a
record, which shall be notified to the contact points so that
they may comment on it. The record shall be formally adopted
at the next following meeting of the contact points. Without
prejudice to prior transmission of the draft version not yet
adopted, it shall then be notified by the contact points to the
other members of the Network in their own Member State.

Article 12a

Countries applying for accession may be invited to meetings of
contact points and members of the Network.

TITLE III

Unchanged

INFORMATION AVAILABLE WITHIN THE NETWORK, AND
INFORMATION SYSTEM FOR THE GENERAL PUBLIC

Content of information disseminated within the Network

Article 13

The members of

1.
access to the information referred to in Article 2(5).

the Network must have permanent

This information shall be available in particular in the elec-
tronic information exchange system provided for by Article
8(2).

2.
The contact points shall endeavour to provide the contact
points of the other Member States, in particular via the elec-
tronic information exchange system, with all the information
they need for the proper performance of their functions.

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AMENDED PROPOSAL

INITIAL PROPOSAL

Article 14

Information system for the general public

The Network shall establish an information system for the
responsibility for

1.
general public in its area of activity;
managing the system shall lie with the Commission.

The system, and in particular the practical information
2.
sheets composing it, shall be established gradually,
in close
cooperation between the Commission and the Member States,
in accordance with the second paragraph of Article 17.

The Commission shall make the following information
in particular on a web site

3.
available to the general public,
dedicated to the Network on the Commission’s site:

(a) Community instruments in force or in preparation relating
to judicial cooperation in civil and commercial matters;

(b) national measures for the domestic implementation of the

instruments referred to in point (a);

(c)

international instruments in force relating to judicial coop-
eration in civil and commercial matters to which the
Member States are parties, and declarations and reser-
vations made in connection with such instruments;

(d) significant decisions of

the Community courts and the

courts of the Member States;

(e) precise, succinct

judicial systems of
practical information sheets provided for by Article 15.

information concerning the legal and
the Member States in the form of

4.
For the purposes of access to the information mentioned
in paragraph 2(a) to (e), the Network’s dedicated site may create
links to sites where the original information is to be found.

The site shall

5.
likewise facilitate access to comparable
general-public information initiatives that exist or are in prep-
aration in related matters and to sites containing information
relating to the legal systems of the Member States.

Article 15

Practical information sheets

1.
The contact points in each Member State shall gradually
create practical information sheets relating to their respective
Member States.

1.
The contact points in each Member State shall gradually
create practical information sheets relating to their respective
Member States. These documents shall be drafted in language
that is easy to understand and shall primarily contain practical
information for the use of the citizen.

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INITIAL PROPOSAL

AMENDED PROPOSAL

The sheets

2.
shall be devoted by way of priority to
questions relating to access to justice in the Member States
and shall include information on the procedures for bringing
in the courts and for obtaining legal aid, without
cases
prejudice to other Community initiatives,
to which the
Network shall have the fullest regard.

Unchanged

Sheets shall gradually be created on at least the following

3.
subjects:

(a)

legal and judicial systems in the Member States;

(b) procedures for bringing cases to court, with particular

reference to small claims;

(c) conditions and procedures for obtaining legal aid, including
descriptions of the tasks of non-governmental organisations
active in this field, account being taken of work already
done in the Dialogue with Citizens;

(d) national rules governing the service of documents;

(e) appeal possibilities;

(f)

rules for the enforcement of
Member States;

judgments given in other

(g) possibilities for obtaining interim relief measures, with
particular reference to seizures of assets for the purposes
of enforcement;

(h) alternative dispute-settlement possibilities, with an indi-
information and advice centres of

cation of the national
the Network for the settlement of consumer disputes;

(i) organisation and operation of the legal professions.

The Commission shall provide information on relevant

4.
aspects of Community law and procedures.

The practical

5.
foregoing paragraphs shall be sent to:

information sheets created under

the

(a)

the Commission, which shall install them on the Network’s
dedicated general-public site and arrange translation into
the other official languages of the Community;

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AMENDED PROPOSAL

(b) the contact points, which shall arrange the broadest

possible dissemination in their Member State.

The practical

6.
regularly in accordance with Article 16.

information sheets

shall be updated

Article 16

Preparation and updating of available information

1.
All information distributed within the Network and to the
general public under Articles 13 to 15 shall be updated
permanently.

the

end,

To this

contact points

supply the
2.
information needed to create and operate the system, verify
the accuracy of the information already in the system and
notify the Commission forthwith of any updates as soon as
an item of information requires changing.

shall

3. Where appropriate the contact points shall associate
relevant social and occupational categories with the drafting
and public dissemination of the information sheets provided
for by Article 15.

TITLE IV

Unchanged

FINAL PROVISIONS

Article 17

Review

No later than five years after the date of the entry into force of
this Decision, and every five years thereafter, the Commission
shall present to the European Parliament, the Council and the
Economic and Social Committee a report on the application of
this Decision on the basis of
information supplied by the
contact points. The report shall be accompanied if need be
by proposals for adaptations.

No later than three years after the date of
the entry into
operation of this Decision, and every three years thereafter,
to the European Parliament,
the Commission shall present
the Council and the Economic and Social Committee a
report on the application of
this Decision on the basis of
information supplied by the contact points. The report shall
be accompanied if need be by proposals for adaptations.

the Network, access

The report shall consider, among other relevant matters, the
question of possible direct public access to the contact points
of
the legal
professions in its activities, and synergy with the European
Extra-judicial Network for
the Settlement of Consumer
Disputes.

to and involvement of

Unchanged

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AMENDED PROPOSAL

INITIAL PROPOSAL

Article 18

Establishment of the basic components of the Network
and the information system

1.
No later than six months before this Decision is put into
effect, the Member States shall notify the Commission of the
information required by Article 2(5).

2.
Before this Decision is put into effect, the Commission in
consultation with the contact points, shall construct a site for
installation of the information system for the general public.

Article 19

Entry into force and application

This Decision shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities.

It shall have effect nine months following the date of its publi-
cation in the Official Journal of the European Communities.

This Decision is addressed to the Member States.