Amended proposal for a Council Regulation establishing a general framework for Community activities to facilitate the implementation of a European judicial area in civil matters (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)
Date: 2001-11-22
Institutions: European Commission
Subjects: EU activity, EU programme, European judicial area, civil law, judicial cooperation in criminal matters in the EU

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Official Journal of the European Communities

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Amended proposal for a Council Regulation establishing a general framework for Community
activities to facilitate the implementation of a European judicial area in civil matters (1)

(2002/C 51 E/33)

COM(2001) 705 final (cid:151) 2001/0109(CNS)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 22 November 2001)

(1) OJ C 213 E, 31.7.2001, p. 271.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE COUNCIL OF THE EUROPEAN UNION,

Unchanged

Having regard to the Treaty establishing the European
Community, and in particular 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

Whereas:

(1) The European Union has set itself the objective of main-
taining and developing the Union as an area of freedom,
security and justice,
in which the free movement of
persons is assured. To this end, the Community should
adopt, among others, measures in the field of
judicial
cooperation in civil matters necessary for the proper func-
tioning of the internal market.

(2) On 3 December 1998, the Council adopted an Action
Plan of the Council and the Commission on how best
of
provisions
to
Amsterdam on an area of freedom, security and justice
(the Vienna Action Plan) (1).

implement

Treaty

the

the

of

(3) The European Council meeting in Tampere on 15 and
16 October 1999 adopted the conclusions (cid:145)Towards a
union of freedom, security and justice: the Tampere mile-
stones(cid:146).

(4) On 30 November 2000,

the Council adopted a joint
programme of
the Commission and the Council of
measures for implementation of the principle of mutual
commercial
recognition of
matters (2).

decisions

in civil

and

___________
(1) OJ C 19, 23.1.1999, p. 1.
(2) OJ C 12, 15.1.2001, p. 1.

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INITIAL PROPOSAL

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(5) Council Joint Action 96/636/JHA (1) established, for the
incentives and

period 1996-2000, a programme of
exchanges for legal practitioners (Grotius).

(6) By Council Regulation (EC) No 290/2001 (2),

the
programme of incentives and exchanges for legal practi-
tioners in the area of civil law (Grotius-civil) was extended
for a one-year
transition period only, pending the
outcome of a thorough analysis of how Community
actions and support should be focussed in the future.

(6a) Council Decision No 1496/98/EC of

the European
Parliament and of the Council of 22 June 1998 estab-
lished an action programme to improve awareness of
Community law within the legal professions (Robert
Schuman Project) for a period of three years.

(7) A flexible and effective general framework for activities in
the area of civil
the ambitious
objectives set by the EC Treaty, the Vienna Action Plan
and the Tampere conclusions are to be realised.

law is necessary if

Unchanged

(8) The framework for activities should provide for initiatives
in compliance with the
taken by the Commission,
principle of subsidiarity, for actions in support of organi-
sations and bodies promoting and facilitating judicial
cooperation in civil matters, and for actions in support
of specific projects.

(9) A number of actions will be required for the further
development of a European judicial area and should
the
therefore
those actions will
planning and implementation of
benefit
in a general
framework for activities.

from being grouped together

at Community-level;

undertaken

be

(10) A framework for activities to improve mutual under-
standing of the legal and judicial systems of the Member
States will contribute to lowering the barriers to judicial
cooperation in civil matters, which will improve the func-
tioning of the internal market.

(11) Measures

the

to ensure

sound implementation and
application of Community instruments in the area of
judicial cooperation in civil matters are necessary and
will be more effective if they are coordinated within a
general framework for activities.

___________
(1) OJ L 287, 8.11.1996, p. 3.
(2) OJ L 43, 14.2.2001, p. 1.

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(12) In accordance with the principles of subsidiarity and
proportionality as set out in Article 5 of the EC Treaty,
the proposed action cannot be
the objectives of
sufficiently achieved by the Member States and can
European dimension
therefore,
by
expected
necessary for
the
economies of scale and the cumulative effects of
the
actions envisaged, be better achieved by the Community.
This Regulation confines itself to the minimum required
in order to achieve those objectives and does not go
beyond what is necessary for that purpose.

reason of
achieving its objectives,

the

(13) The participation in this framework for activities of the
candidate countries for accession to the European Union
will provide a useful preparation for accession,
in
particular as regards these countries’ ability to apply the
Community acquis.

(13a) The financial framework for this framework for activities
shall be compatible with the current ceiling under
heading 3 of
financial perspective, with no
restriction being placed on other currently funded
programmes.

the

(13b) The administrative expenditure is covered from allo-
cations under heading 5 within the framework of
to be taken during the annual budgetary
decisions
procedure.

Unchanged

(14) In accordance with Article 2 of Council Decision
1999/468/EC of 28 June 1999 laying down the
implementing powers
procedures
conferred on the Commission (1), measures
the
implementation of this Regulation should be adopted by
use of the advisory procedure provided for in Article 3 of
that Decision.

the exercise of

for

for

(15) The United Kingdom and Ireland,

in accordance with
Articles 1 and 2 of the Protocol on the position of the
United Kingdom and Ireland annexed to the Treaty on
the Treaty
European Union and
the
are not participating in the
European Community,
adoption of
this Regulation, and are therefore not
bound by it nor subject to its application.

establishing

(16) Denmark,

in accordance with Articles 1 and 2 of the
Protocol on the position of Denmark annexed to the
Treaty on European Union and 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,

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

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INITIAL PROPOSAL

AMENDED PROPOSAL

HAS ADOPTED THIS REGULATION:

CHAPTER I

OBJECTIVES AND ACTIVITIES

Article 1

Subject matter

This Regulation establishes, for the period from 1 January
1.
2002 to 31 December 2006, a general
framework for
Community activities to facilitate the implementation of a
European judicial area in civil matters.

This Regulation shall not apply to Denmark, Ireland and

2.
the United Kingdom.

Article 2

Objectives

The framework for activities shall have the following objectives:

1. to promote judicial cooperation, aiming in particular at:

(a) ensuring legal certainty and improving access to justice,

(b) promoting mutual recognition of judicial decisions and

judgments,

(c) promoting the necessary approximation of

legislation,

or

(d) eliminating obstacles created by disparities in civil law

and civil procedures;

2. to improve mutual knowledge of legal and judicial systems

between the Member States;

3. to ensure the sound implementation and application of
Community instruments in the area of judicial cooperation
in civil matters; and

4. to improve information to the public on access to justice,
judicial cooperation and the legal systems of the Member
States.

Article 3

Types of activities

The activities supported or carried out under this framework
for activities shall meet at least one of the objectives in Article
2 and shall consist of:

1. actions taken by the Commission; or

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INITIAL PROPOSAL

AMENDED PROPOSAL

2. actions providing financial support for the running costs of
the

organisations,

under

European non-governmental
conditions set out in Article 5; or

3. actions providing financial support for specific projects of
Community interest under the conditions set out in Article
6.

Article 4

Participation of third countries

This framework for activities shall be open to the participation
of:

1. the candidate countries of central and eastern Europe
in accordance with the conditions established in
in their additional protocols and

(CEECs),
the Europe Agreements,
in the decisions of the respective Association Councils;

2. Cyprus, Malta and Turkey, on the basis of bilateral
agreements to be concluded with these countries; and

3. other countries, when agreements and procedures so allow.

Article 5

Activities of non-governmental organisations

Financial support for the actions referred to in Article 3(2) may
be granted to support activities of European non-governmental
organisations that meet the following criteria:

1. they must be non-profit-making organisations;

2. they must pursue activities with a European dimension and
involve, as a general rule, at least two thirds of the Member
States;

3. they must have as a main objective the promotion of

judicial cooperation in civil matters.

Article 6

Specific projects

The specific projects referred to in Article 3(3) shall

1.
consist of:

(a) training;

(b) exchanges and work experience placements;

(c) studies and research;

(d) meetings and seminars;

(e) dissemination of information.

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INITIAL PROPOSAL

AMENDED PROPOSAL

2.
Financial support may also be granted to projects for the
creation of new organisations intended to meet the criteria
specified in Article 5.

Projects may be submitted by institutions and public or
including professional organisations,
training/further

3.
private organisations,
research institutes and legal and judicial
training institutes for legal practitioners.

solicitors,

The term (cid:145)legal practitioners(cid:146) shall include judges, prosecutors,
advocates,
scientific personnel,
ministry officials, court officers, bailiffs, court interpreters and
other professionals associated with the judiciary in the area of
civil law.

academic

and

To be eligible for co-financing, the projects must involve
three countries participating in this framework for

4.
at
least
activities.

Unchanged

Projects may also associate practitioners from Denmark, Ireland
and the United Kingdom, from the candidate countries where
this would contribute to their preparation for accession, or
from other countries not participating in this framework for
activities where this serves the aims of the projects.

CHAPTER II

FINANCING, IMPLEMENTATION AND PROCEDURES

Article 7

Financing

The annual appropriations shall be authorised by the
financial

authority within the

limits of

the

1.
budgetary
perspective.

2.
The co-financing of activities under this framework for
activities shall be exclusive of any other financing by another
the European
programme
Communities.

the budget of

financed by

3.
The proportion of financial support from the Community
budget may not, in principle, exceed 50 % of the running costs
for actions referred to in Article 3(2) or of the expenditure
involved for projects referred to in Article 3(3).

Article 8

Implementation of the framework for activities

The Commission shall,

if possible before 30 June each
1.
year, publish an annual work programme setting out
the
priorities in terms of objectives and types of activities for the
including a description of the selection and
following year,
award criteria
submission and
and the procedures
approval of proposals.

for

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2.
The Commission shall adopt the annual work programme
in accordance with the procedure referred to in Article 12(2).

The Commission shall pay particular attention to the

3.
following criteria when evaluating and selecting proposals:

(a) ability to contribute to the objectives in Article 2;

(b) problem-solving orientation;

(c) European dimension;

(d) measures foreseen to ensure dissemination of the results;

(e) complementarity with other past, present or

future

activities; and

(f) size of the action, in particular in terms of economies of

scale and cost-effectiveness.

The Commission shall adopt the measures to be taken in

4.
accordance with the procedure referred to in Article 12(2).

Article 9

Financing decisions

1.
The Commission’s financing decisions under Article 3(2)
and (3) shall be followed by grant agreements between the
Commission and the beneficiaries.

2.
The financing decisions and contracts arising therefrom
shall be subject to financial control by the Commission and to
audits by the Court of Auditors.

Article 10

Monitoring

The Commission shall ensure the regular monitoring and
1.
supervision of the implementation of the actions financed by
the Community. This shall be done on the basis of reports
using procedures agreed between the Commission and the
beneficiary; it may include checks in situ by means of sampling.

Beneficiaries shall submit a report to the Commission for
2.
its completion. The
each action within three months of
Commission shall determine
report,
this
including the type of information that must be included in it.

form of

the

financial

Beneficiaries of

3.
the
Commission’s disposal all the documentary evidence of expen-
diture for a period of
five years from the last payment
concerning an action.

shall keep at

support

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INITIAL PROPOSAL

Article 11

Dissemination of information

1.
The Commission shall ensure the yearly publication of a
list of the beneficiaries and of the activities financed under this
framework for activities, including an indication of the amount
of the support.

2. Where projects
financed under Article 3(3) do not
provide for dissemination of the results and where it would
contribute to one of the objectives in Article 2, such measures
may be taken by the Commission.

At the beginning of each year,

3.
the Commission shall
provide the Committee established in Article 12(1) with
information on the activities undertaken under Article 3(1) in
the previous year.

Article 12

Committee

The Commission shall be assisted by a Committee
the Member States and

1.
composed of
representatives of
chaired by the representative of the Commission.

2. Where reference is made to this paragraph, the advisory
procedure laid down in Article 3 of
the Council Decision
1999/468/EC shall apply, in compliance with Article 7 thereof.

Article 13

Sanctions

The Commission may reduce,

1.
recover
financial support granted for an activity if it detects irregu-
larities or learns that the activity has, without its approval,
been significantly modified so that it is incompatible with the
objectives of the agreed implementing arrangements.

suspend or

If the deadlines are not met or if the state of progress of
2.
an activity warrants only partial use of
the appropriations
granted, the Commission shall ask the beneficiary concerned
to provide an explanation within a given period of time. If the
beneficiary’s reply is not satisfactory,
the Commission may
cancel the balance of the financial support and require that
any sums already paid be refunded immediately.

All

undue

3.
the
Commission. Any sums not refunded in good time may be
increased by default interest.

payments

refunded

shall

be

to

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Article 14

Reporting and evaluation

1.
The Commission will report to the European Parliament
and to the Council by 30 June 2004 at the latest on the
implementation of this framework for activities, including the
results of the control, the reports and the monitoring of the
activities.

AMENDED PROPOSAL

2.
The Commission shall submit to the European Parliament
and the Council an evaluation report on this framework for
activities to be available in time for a possible renewal of the
framework or, by 31 December 2005 at the latest. This report
will
and an
assessment, based on performance indicators, of whether the
objectives have been achieved.

an evaluation of

cost-effectiveness

include

Article 15

Entry into force

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

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