Proposal for a Council Regulation amending Annexes A and C to Regulation (EC) No 1346/2000 as regards France
Date: 2006-02-06
Institutions: European Commission
Subjects: EU law, France, bankruptcy, financial solvency, judicial cooperation, judicial proceedings, liquidation, national law

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 06.02.2006 
COM(2006) 38 final 

Proposal for a 

COUNCIL REGULATION 

amending Annexes A and C to Regulation (EC) No 1346/2000 as regards France  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

There is a need for amending Annexes A and C of Council Regulation (EC) No 1346/2000 on 
insolvency proceedings.  

•  General context 

Annex A to Council Regulation (EC) No 1346/2000 lists the insolvency proceedings referred 
to in Article 2(a) of the Regulation. Annex C lists the liquidators referred to in Article 2(b). 

The annexes to Council Regulation (EC) No 1346/2000 were amended by Council Regulation 
(EC) No 603/2005 of 12 April 2005. 

France notified the Commission on 29 November 2005 of further amendments to the lists set 
out in Annexes A and C. 

•  Existing provisions in the area of the proposal 

Regulation (EC) No 1346/2000 should be amended accordingly by this Proposal. 

•  Consistency with other policies 

This Regulation is consistent with other Community policies. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

External consultation was not relevant. 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

Amending the Regulation may have a positive effect on the re-organisation of businesses. 

It is likely to have a positive or neutral impact on employment. 

It is likely to have a positive or neutral impact on environment. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

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The proposal aims at amending the Annexes of Regulation (EC) No 1346/2000 in order to 
take account of amendments to the domestic insolvency law of Member States. 

•  Legal basis 

The proposal is based on Article 45 of Regulation (EC) No 1346/2000. 

•  Subsidiarity principle 

The proposal falls under the exclusive competence of the Community. The subsidiarity 
principle therefore does not apply. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reasons: 

The Commission Proposal replaces the lists for France in Annexes A and C to Council 
Regulation (EC) No 1346/2000 with new lists taking into account the information notified by 
France. 

The Regulation is directly applicable in the Member States and it does not require any 
implementation measures. It is published in the Official Journal of the European Union, 
therefore its contents are accessible to all interested parties.  

•  Choice of instruments 

The proposed instrument is a regulation. 

Other means would not be adequate for the following reasons: 

By virtue of Article 45 of Council Regulation (EC) No 1346/2000, the Annexes to the 
Regulation can only be amended by the Council on the initiative of Member States or on a 
proposal by the Commission. This shared initiative was possible for the five-year period 
following the entry into force of the Amsterdam Treaty (ART. 67(1) EC), however since the 
entry into force of the Nice Treaty (ART. 67(2) EC), the initiative belongs to the Commission 
only. Therefore it is up to the Commission to propose to the Council amendments to the 
Annexes to the Regulation according to Article 45 of the Regulation. 

4. 

BUDGET IMPLICATIONS 

The proposal has no budgetary implications.  

5. 

SIMPLIFICATION 

The proposal provides for simplification of administrative procedures for public authorities 
(EU or national), simplification of administrative procedures for public private parties. 

Courts of the Member States will be informed timeously about insolvency proceedings that 
are to be recognised. 

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Creditors, debtors and insolvency practitioners will be informed about insolvency proceedings 
under the scope of the Regulation. 

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Proposal for a 

COUNCIL REGULATION 

amending Annexes A and C to Regulation (EC) No 1346/2000 as regards France  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having  regard  to  Council  Regulation  (EC)  No  1346/2000  of  29  May  2000  on  insolvency 
proceedings (1), and in particular Article 45 thereof, 

Having regard to the proposal from the Commission (2), 

Whereas: 

(1) 

(2) 

Regulation  (EC)  No  1346/2000  lists  the  designations  of  the  proceedings  and 
liquidators in the national legislation of the Member States.  

France  notified  the  Commission  on  29  November  2005,  pursuant  to  Article  45  of 
Regulation (EC) No 1346/2000, of amendments to the lists set out in Annexes A and C 
to that Regulation. 

(3) 

Regulation (EC) No 1346/2000 should be amended accordingly, 

HAS ADOPTED THIS REGULATION: 

Regulation (EC) No 1346/2000 is amended as follows: 

Article 1 

(1) In Annex A, the proceedings relating to France are replaced by the following proceedings: 

“FRANCE 

- Sauvegarde 

- Redressement judiciaire 

- Liquidation judiciaire” ; 

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OJ L 160, 30.6.2000, p 1. Regulation as last amended by Regulation (EC) n° 603/2005 (OJ No L 100 of 
20.04.2005 p.1-8). 
OJ C , , p. . 

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(2)  In  Annex  C,  the  designations  of  liquidators  relating  to  France  are  replaced  by  the 
following designations: 

“FRANCE 

- Mandataire judiciaire 

- Liquidateur 

- Administrateur judiciaire 

- Commissaire à l’exécution du plan”. 

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

Article 2 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels,  

For the Council 
The President 

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