Council Regulation (EC) No 743/2002 of 25 April 2002 establishing a general Community framework of activities to facilitate the implementation of judicial cooperation in civil matters
Date: 2002-04-25
Institutions: Council of the European Union
Subjects: access to the courts, approximation of laws, civil law, judicial cooperation in criminal matters in the EU

1.5.2002

EN

Official Journal of the European Communities

L 115/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 743/2002

of 25 April 2002

establishing a general Community framework of activities to facilitate the implementation of
judicial cooperation in civil matters

THE COUNCIL OF THE EUROPEAN UNION,

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)

The European Union has set itself the objective of main-
taining and developing an area of freedom, security and
justice,
in which the free movement of persons is
the Community must adopt,
assured. To that end,
among others, measures in the field of judicial coopera-
tion in civil matters necessary for the proper functioning
of the internal market.

On 3 December 1998, the Council adopted an action
plan of the Council and the Commission on how best to
implement the provisions of the Treaty of Amsterdam
on an area of freedom, security and justice (hereinafter
the ‘Vienna action plan’) (4).

The European Council meeting in Tampere on 15 and
16 October 1999 adopted the conclusions entitled
‘Towards a union of freedom, security and justice: the
Tampere milestones’.

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
recognition of decisions
and commercial
matters (5).

in civil

(1) OJ C 213E, 31.7.2001, p. 271.
(2) Opinion delivered on 12 March 2002 (not yet published in the

Official Journal).

(3) OJ C 36, 8.2.2002, p. 77.
(4) OJ C 19, 23.1.1999, p. 1.
(5) OJ C 12, 15.1.2001, p. 1.

(5)

(6)

(7)

(8)

(9)

Joint Action 96/636/JHA (6) established, for the period
1996 to 2000,
and
a programme of
exchanges for legal practitioners (Grotius).

incentives

By Regulation (EC) No 290/2001 (7), the programme of
incentives and exchanges for legal practitioners 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 focused in the future.

Decision No 1496/98/EC of the European Parliament
and of the Council (8) established an action programme
to improve awareness of Community law within the
legal professions (Robert Schuman project) for a period
of three years.

A flexible and effective general Community framework
for activities in the area of civil law is necessary if the
ambitious objectives set by the Treaty, the Vienna action
plan and the Tampere conclusions are to be realised.

The general Community framework for activities should
in
provide for initiatives taken by the Commission,
compliance with the principle of subsidiarity, for actions
in support of organisations promoting and facilitating
judicial cooperation in civil matters, and for actions in
support of specific projects.

(10) A number of actions will be required for the further
development of judicial cooperation in civil matters and
should therefore be undertaken in the framework of a
Community programme for activities. The planning and
implementation of those actions will benefit from being
grouped together in a general Community framework
for activities.

(11)

The Commission's actions could include specific actions,
such as studies, research, seminars, conferences, experts'
meetings, publications, manuals,
and/or
websites, as well as measures to disseminate the results
of projects co-financed under the general Community
framework for activities.

databases

(6) OJ L 287, 8.11.1996, p. 3.
(7) OJ L 43, 14.2.2001, p. 1.
(8) OJ L 196, 14.7.1998, p. 24.

L 115/2

EN

Official Journal of the European Communities

1.5.2002

(12) A general Community framework for activities

to
improve mutual understanding of the legal and judicial
systems of
the Member States will contribute to
lowering the barriers to judicial cooperation in civil
matters, which will
the
internal market.

improve the functioning of

(13) Measures to ensure good use is made of Community
instruments in the area of judicial cooperation in civil
matters are necessary; they will be more effective if they
are coordinated within a general Community framework
for activities.

(14)

(15)

(16)

(17)

(18)

(19)

Since the objectives of the proposed action cannot be
sufficiently achieved by the Member States and can
therefore, by reason of the European dimension neces-
sary for achieving its objectives, the expected economies
of scale and the cumulative effects of the actions envis-
the
aged, be better achieved by the Community,
Community may adopt measures,
in accordance with
the principle of subsidiarity as set out in Article 5 of the
Treaty. In accordance with the principle of proportion-
ality, as set out in that Article, this Regulation does not
go beyond what is necessary in order to achieve those
objectives.

The participation in this general Community 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.

Certain principles must be laid down concerning the
sanctions to be imposed where irregularities are noted or
where obligations under grant agreements between the
Commission and beneficiaries are not respected.

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 annual work programme shall be adopted by the
management committee procedure in order to ensure a
measure of
in
particular of the fact that the specific actions provided
for in Article 3(1) are to be taken by the Commission.

institutional balance,

taking account

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 partici-
pate in the adoption and implementation of this Regula-
tion.

(20) 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
is not participating in the
the European Community,

adoption of this Regulation, which is not binding on
Denmark nor applicable to it,

HAS ADOPTED THIS REGULATION:

CHAPTER I

OBJECTIVES AND ACTIVITIES

Article 1

Subject matter

1.
This Regulation establishes, for the period from 1 January
2002 to 31 December 2006, a general Community framework
for activities
judicial
cooperation in civil matters (hereinafter referred to as the
‘general framework’).

to facilitate the implementation of

2.

This Regulation shall not apply to Denmark.

Article 2

Objectives

The general framework for activities shall have the following
objectives:

1. to promote judicial cooperation in civil matters, 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 Member States' legal and

judicial systems in civil matters;

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 in civil matters.

Article 3

Types of activities

Activities given financial support or carried out under this
general framework for activities shall meet at least one of the
objectives in Article 2 and shall consist of:

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

1. specific actions taken by the Commission; or

1.5.2002

EN

Official Journal of the European Communities

L 115/3

2. actions providing financial support for specific projects of
Community interest under the conditions set out in Article
5; or

3. actions providing financial support for the activities of non-
governmental organisations under the conditions set out in
Article 6.

Article 4

Article 6

Activities of non-governmental organisations

Financial support for the actions referred to in Article 3(3) may
be granted to support activities included in the annual activity
programmes of non-governmental organisations which meet
the following criteria:

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

2. they must be constituted in accordance with the law of one

Participation of third countries

of the Member States;

This general
participation of:

framework for activities shall be open to the

1. the candidate countries of central and eastern Europe
(CEECs), in accordance with the conditions established in
the Europe Agreements, in the additional protocols thereto
and in the decisions of the respective Association Councils;

2. Cyprus, Malta and Turkey, on the basis of bilateral agree-

ments to be concluded with these countries; and

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

Article 5

Specific projects

The specific projects referred to in Article 3(2) shall

1.
consist of one or more of the following:

(a) training;

(b) exchanges and work experience placements;

(c) studies and research;

(d) meetings and seminars;

(e) dissemination of information.

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

4. the aims of their activities must include one or more of the

objectives laid down in Article 2.

CHAPTER II

FINANCING, IMPLEMENTATION AND PROCEDURES

Article 7

Financing

1.
The co-financing of activities under this general frame-
work shall be exclusive of any other financing by another
programme financed by the general budget of the European
Union.

2.
The actions referred to in Article 3(1), on the one hand,
and Article 3(2) and (3), on the other hand, shall receive an
equitable share of the annual amount.

3.
The proportion of financial support from the general
budget of the European Union may not, in principle, exceed
60 % of the costs for actions referred to in Article 3(2) or (3).
However, under exceptional circumstances, financial support
may amount to 80 %.

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

2.
private organisations,
research institutes and legal and judicial
training institutes for legal practitioners.

Article 8

Implementation

‘Legal practitioners’ means, inter alia, judges, prosecutors, advo-
cates, 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.

The Commission shall publish each year,

1.
before 30 June, an annual work programme:

if possible

(a) setting out the priorities in terms of objectives and types of

activities for the following year;

3.
To be eligible for co-financing, the projects must involve
at least three countries participating in this general framework
for activities.

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

(b) giving a description of the actions referred to in Article

3(1), which the Commission intends to take; and

(c) including a description of the selection and award criteria
submission and approval of
and the procedures
proposals for actions referred to in Article 3(2) and (3).

for

The Commission

2.
annual work
programme in accordance with the procedure referred to in
Article 13(2).

adopt

shall

the

L 115/4

EN

Official Journal of the European Communities

1.5.2002

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;

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

(b) problem-solving orientation;

(c) European dimension;

(d) measures planned to ensure dissemination of results;

(e) complementarity with other past, present or future activi-

ties; and

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

scale and cost-effectiveness.

4.
The Commission shall examine each of the draft actions
submitted to it, as referred to in Article 3(2) and (3). Decisions
relating to these actions shall be adopted in 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 grant agreements arising
therefrom shall be subject to financial control by the Commis-
sion and to audits by the Court of Auditors.

Article 10

Monitoring

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

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

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

Article 11

Dissemination of information

At the beginning of each year, the Commission shall
3.
provide the Article 12 Committee 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

1.
‘Article 12 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

Management Committee

The Commission shall be assisted by a Committee (the

1.
‘Article 13 Committee’).

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

The period provided for in Article 4(3) of Decision 1999/
468/EC shall be set at three months.

3.

The Committee shall adopt its rules of procedure.

Article 14

Sanctions

Sanctions shall be regulated in grant agreements in

1.
accordance with this Regulation.

2.
The Commission may terminate a grant agreement
concluded under the general framework if it detects irregulari-
ties, or if obligations under the grant agreement are not met.

If irregularities are detected or if obligations under a grant
agreement are not met, the Commission may suspend payment
of the balance of the financial support. The Commission shall
ask the beneficiary to explain or rectify the situation within a
reasonable period set by the Commission.

If the reply is not satisfactory or if the situation is not rectified,
the Commission may terminate the grant agreement and ask
for the sums already disbursed to be refunded, with payment of
default interest.

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

If some of the obligations under the agreement are not
3.
met,
financial
the Commission may reduce the balance of
support and ask for part of any sum already disbursed to be
refunded, with payment of default interest.

1.5.2002

EN

Official Journal of the European Communities

L 115/5

Article 15
Reporting and evaluation

this general

1.
The Commission shall report to the European Parliament
and to the Council by 30 June 2004 at the latest on the
including the
implementation of
results of the control, the reports and the monitoring of the
activities.
2.
The Commission shall submit to the European Parliament
and the Council an evaluation report on this general frame-
work to be available in time for a possible renewal of the

framework,

general framework or by 31 December 2005 at the latest. This
report will include an evaluation of cost-effectiveness and an
assessment, based on performance indicators, of whether the
objectives have been achieved.

Article 16

Entry into force

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 Luxembourg, 25 April 2002.

For the Council

The President

M. RAJOY BREY