Common Position (EC) No 10/2007 of 28 June 2007 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to the adoption of a Regulation of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters ( Service of documents ) and repealing Council Regulation (EC) No 1348/2000
Date: 2007-06-28
Institutions: Council of the European Union
Subjects: EU Member State, civil proceedings, commercial court, exchange of information, judicial cooperation in criminal matters in the EU, judicial proceedings

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COMMON POSITION (EC) No 10/2007

adopted by the Council on 28 June 2008

with a view to adopting Regulation (EC) No …/2007 of the European Parliament and of the Council
of … on the service in the Member States of judicial and extrajudicial documents in civil or
commercial matters (‘Service of documents’) and repealing Council Regulation (EC) No 1348/2000

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

(5)

(2007/C 193 E/02)

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 61(c) and Article 67(5), second
indent, thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

Acting in accordance with the procedure
Article 251 of the Treaty (2),

laid down in

Whereas:

(1)

(2)

(3)

(4)

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.
To establish such an area, the Community is to adopt,
among others, the measures relating to judicial coopera-
tion in civil matters needed for the proper functioning of
the internal market.

The proper functioning of the internal market entails the
need to improve and expedite the transmission of judicial
and extrajudicial documents
in civil or commercial
matters for service between the Member States.

The Council, by an Act dated 26 May 1997 (3), drew up
a Convention on the service in the Member States of the
European Union of judicial and extrajudicial documents
in civil or commercial matters and recommended it for
adoption by the Member States in accordance with their
respective constitutional rules. That Convention has not
entered into force. Continuity in the results of the nego-
the Convention should be
tiations for conclusion of
ensured.

On 29 May 2000 the Council adopted Regulation (EC)
No 1348/2000 on the service in the Member States of
judicial and extrajudicial documents in civil or commer-
cial matters (4). The main content of that Regulation is
based on the Convention.

(1) OJ C 88, 11.4.2006, p. 7.
(2) Opinion of the European Parliament of 4 July 2006 (not yet published
in the Official Journal), Council Common Position of 28 June 2007 and
Position of the European Parliament of … (not yet published in the
Official Journal).

(3) OJ C 261, 27.8.1997, p. 1. On the same day as the Convention was
drawn up the Council took note of the explanatory report on the
Convention which is set out on page 26 of the aforementioned Official
Journal.

(4) OJ L 160, 30.6.2000, p. 37.

On 1 October 2004 the Commission adopted a report
on the application of Regulation (EC) No 1348/2000.
The report concludes that the application of Regulation
(EC) No 1348/2000 has generally improved and expe-
dited the transmission and the service of documents
between Member States since its entry into force in
2001, but that nevertheless the application of certain
provisions is not fully satisfactory.

in civil
Efficiency and speed in judicial procedures
matters require that judicial and extrajudicial documents
be transmitted directly and by rapid means between local
bodies designated by the Member States. Member States
may indicate their intention to designate only one trans-
mitting or receiving agency or one agency to perform
both functions, for a period of five years. This designa-
tion may, however, be renewed every five years.

Speed in transmission warrants the use of all appropriate
means, provided that certain conditions as
to the
legibility and reliability of
the document received are
observed. Security in transmission requires that the docu-
ment to be transmitted be accompanied by a standard
form, to be completed in the official language or one of
the official languages of the place where service is to be
effected, or in another language accepted by the Member
State in question.

This Regulation should not apply to service of a docu-
ment on the party's authorised representative in the
Member State where the proceedings are taking place
regardless of the place of residence of that party.

The service of a document should be effected as soon as
possible, and in any event within one month of receipt
by the receiving agency.

(6)

(7)

(8)

(9)

(10)

To secure the effectiveness of this Regulation, the possibi-
lity of refusing service of documents should be confined
to exceptional situations.

(11)

In order to facilitate the transmission and service of
documents between Member States, the standard forms
set out in the Annexes to this Regulation should be used.

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(12)

(13)

(14)

The receiving agency should inform the addressee in
writing using the standard form that he may refuse to
accept the document to be served at the time of service
or by returning the document to the receiving agency
within one week if it is not either in a language which he
understands or in the official language or one of the offi-
cial languages of the place of service. This rule should
also apply to the subsequent service once the addressee
has exercised his right of refusal. These rules on refusal
should also apply to service by diplomatic or consular
agents, service by postal services, and direct service. It
should be established that
the refused
document can be remedied through the service on the
addressee of a translation of the document.

the service of

the document. However,

Speed in transmission warrants documents being served
if
within days of receipt of
service has not been effected after one month has
elapsed, the receiving agency should inform the transmit-
ting agency. The expiry of this period should not imply
that the request be returned to the transmitting agency
where it is clear that service is feasible within a reason-
able period.

The receiving agency should continue to take all neces-
sary steps to effect the service of the document also in
cases where it has not been possible to effect service
within the month, for example, because the defendant
has been away from his home on holiday or away from
in order to avoid an
his office on business. However,
open-ended obligation for the receiving agency to take
steps to effect the service of a document, the transmitting
agency should be able to specify a time limit in the stand-
ard form after which service is no longer required.

(15) Given the differences between the Member States as
regards their rules of procedure, the material date for the
purposes of service varies from one Member State to
another. Having regard to such situations and the
possible difficulties that may arise, this Regulation should
provide for a system where it is the law of the Member
State addressed which determines the date of service.
However, where according to the law of a Member State
a document has to be served within a particular period,
the date to be taken into account with respect to the
applicant should be that determined by the law of that
Member State. This double date system exists only in a
limited number of Member States. Those Member States
which apply this system should communicate this to the
Commission, which should publish this information in
the European Union and make it
the Official

Journal of

available through the European Judicial Network in Civil
and Commercial Matters established by Council Decision
2001/470/EC (1).

(16)

In order to facilitate access to justice, costs occasioned by
recourse to a judicial officer or a person competent under
the law of the Member State addressed should corre-
spond to a single fixed fee laid down by that Member
State in advance which respects the principles of propor-
tionality and non-discrimination. The requirement of a
single fixed fee should not preclude the possibility for
Member States to set different fees for different types of
service as long as they respect these principles.

(17)

Each Member State should be free to effect service of
documents directly by postal services on persons residing
in another Member State by registered letter with
acknowledgement of receipt or equivalent.

(18)

(19)

(20)

(21)

It should be possible for any person interested in a judi-
cial proceeding to effect service of documents directly
through the judicial officers, officials or other competent
the Member State addressed, where such
persons of
direct service is permitted under the law of that Member
State.

The Commission should draw up a manual containing
information relevant for the proper application of this
Regulation, which should be made available through the
European Judicial Network in Civil and Commercial
Matters. The Commission and the Member States should
do their utmost to ensure that this information is up to
date and complete especially as regards contact details of
receiving and transmitting agencies.

In calculating the periods and time limits provided for in
this Regulation, Regulation (EEC, Euratom) No 1182/71
of the Council of 3 June 1971 determining the rules
applicable to periods, dates and time limits (2) should
apply.

The measures necessary for the implementation of this
adopted in accordance with
Regulation should be
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (3).

(1) OJ L 174, 27.6.2001, p. 25.
(2) OJ L 124, 8.6.1971, p. 1.
(3) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

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(22)

(23)

(24)

In particular, power should be conferred on the Commis-
sion to update or make technical amendments to the
standard forms set out
in the Annexes. Since those
measures are of general scope and are designed to
amend/delete non-essential elements of this Regulation,
they must be adopted in accordance with the regulatory
procedure with scrutiny provided for in Article 5a of
Decision 1999/468/EC.

This Regulation prevails over the provisions contained in
bilateral or multilateral agreements or arrangements
having the same scope, concluded by the Member States,
and in particular the Protocol annexed to the Brussels
Convention of 27 September 1968 (1) and the Hague
Convention of 15 November 1965 (2)
in relations
between the Member States party thereto. This Regu-
lation does not preclude Member States from maintaining
or concluding agreements or arrangements to expedite or
simplify the transmission of documents, provided that
they are compatible with this Regulation.

The information transmitted pursuant to this Regulation
should enjoy suitable protection. This matter falls within
the scope of Directive 95/46/EC of the European Parlia-
ment and of the Council of 24 October 1995 on the
protection of individuals with regard to the processing of
personal data and on the free movement of such data (3),
and of Directive 2002/58/EC of the European Parliament
and of
the Council of 12 July 2002 concerning the
processing of personal data and the protection of privacy
in the electronic communications sector (Directive on
privacy and electronic communications) (4).

(25) No later than 1 June 2011 and every five years thereafter,
the Commission should review the application of this
Regulation and propose such amendments as may appear
necessary.

(26)

Since the objectives of this Regulation cannot be suffi-
ciently achieved by the Member States and can therefore,
by reason of the scale or effects of the action, be better
achieved at Community level, the 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 proportionality, as set out in that Article,
this Regulation does not go beyond what is necessary in
order to achieve those objectives.

(1) Brussels Convention of 27 September 1968 on jurisdiction and the
enforcement of judgments in civil and commercial matters (OJ L 299,
31.12.1972, p. 32; consolidated version, OJ C 27, 26.1.1998, p. 1).
(2) Hague Convention of 15 November 1965 on the service abroad of judi-

cial and extrajudicial documents in civil or commercial matters.

(3) OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC)

No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

(4) OJ L 201, 31.7.2002, p. 37. Directive as amended by Directive

2006/24/EC (OJ L 105, 13.4.2006, p. 54).

(27)

(28)

(29)

In order to make the provisions more easily accessible
and readable, Regulation (EC) No 1348/2000 should be
repealed and replaced by this Regulation.

In accordance with Article 3 of the Protocol on the posi-
tion of the United Kingdom and Ireland, annexed to the
Treaty on European Union and to the Treaty establishing
the United Kingdom and
the European Community,
Ireland are taking part in the adoption and application of
this Regulation.

In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark, annexed to the Treaty on Euro-
pean Union and to the Treaty establishing the European
Community, Denmark does not take part in the adoption
of this Regulation and is not bound by it or subject to its
application,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Scope

This Regulation shall apply in civil and commercial
1.
matters where a judicial or extrajudicial document has to be
transmitted from one Member State to another for service there.
It shall not extend in particular to revenue, customs or adminis-
trative matters or to liability of the State for actions or omis-
sions in the exercise of State authority (acta iure imperii).

This Regulation shall not apply where the address of the

2.
person to be served with the document is not known.

In this Regulation, the term ‘Member State’ shall mean the

3.
Member States with the exception of Denmark.

Article 2

Transmitting and receiving agencies

Each Member State shall designate the public officers,
1.
authorities or other persons, hereinafter referred to as ‘transmit-
ting agencies’, competent for the transmission of
judicial or
extrajudicial documents to be served in another Member State.

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2.
Each Member State shall designate the public officers,
authorities or other persons, hereinafter referred to as ‘receiving
agencies’, competent for the receipt of judicial or extrajudicial
documents from another Member State.

3.
A Member State may designate one transmitting agency
and one receiving agency or one agency to perform both func-
legal systems
tions. A federal State, a State in which several
apply or a State with autonomous territorial units shall be free
to designate more than one such agency. The designation shall
have effect for a period of five years and may be renewed at
five-year intervals.

Each Member State shall provide the Commission with the

4.
following information:

(a) the names and addresses of the receiving agencies referred

to in paragraphs 2 and 3;

(b) the geographical areas in which they have jurisdiction;

(c) the means of receipt of documents available to them; and

(d) the languages that may be used for the completion of the

standard form set out in Annex I.

Member States shall notify the Commission of any subsequent
modification of such information.

2.
The transmission of documents, requests, confirmations,
receipts, certificates and any other papers between transmitting
agencies and receiving agencies may be carried out by any
appropriate means, provided that the content of the document
received is true and faithful to that of the document forwarded
and that all information in it is easily legible.

3.
The document to be transmitted shall be accompanied by
a request drawn up using the standard form set out in Annex I.
The form shall be completed in the official
language of the
Member State addressed or, if there are several official languages
in that Member State, the official language or one of the official
languages of the place where service is to be effected, or in
another language which that Member State has indicated it can
accept. Each Member State shall indicate the official language or
languages of the institutions of the European Union other than
its own which is or are acceptable to it for completion of the
form.

The documents and all papers that are transmitted shall be

4.
exempted from legalisation or any equivalent formality.

5. When the transmitting agency wishes a copy of the docu-
ment to be returned together with the certificate referred to in
Article 10, it shall send the document in duplicate.

Article 3

Central body

Each Member State shall designate a central body responsible
for:

Article 5

(a) supplying information to the transmitting agencies;

Translation of documents

(b) seeking solutions to any difficulties which may arise during

transmission of documents for service;

(c) forwarding, in exceptional cases, at the request of a trans-
for service to the competent

mitting agency, a request
receiving agency.

A federal State, a State in which several legal systems apply or a
State with autonomous territorial units shall be free to designate
more than one central body.

CHAPTER II

JUDICIAL DOCUMENTS

SECTION 1

Transmission and service of judicial documents

Article 4

Transmission of documents

1.
Judicial documents shall be transmitted directly and as
soon as possible between the agencies designated pursuant to
Article 2.

The applicant shall be advised by the transmitting agency
1.
to which he forwards the document for transmission that the
addressee may refuse to accept it if it is not in one of the
languages provided for in Article 8.

2.
The applicant shall bear any costs of translation prior to
the transmission of the document, without prejudice to any
possible subsequent decision by the court or competent
authority on liability for such costs.

Article 6

Receipt of documents by receiving agency

1.
On receipt of a document, a receiving agency shall, as
soon as possible and in any event within seven days of receipt,
send a receipt to the transmitting agency by the swiftest possible
means of
in
Annex I.

transmission using the standard form set out

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2. Where the request for service cannot be fulfilled on the
basis of the information or documents transmitted, the receiving
agency shall contact the transmitting agency by the swiftest
possible means in order to secure the missing information or
documents.

Article 8

Refusal to accept a document

3.
If the request for service is manifestly outside the scope of
this Regulation or if non-compliance with the formal conditions
required makes service impossible, the request and the docu-
ments transmitted shall be returned, on receipt, to the transmit-
ting agency, together with the notice of return using the stand-
ard form set out in Annex I.

1.
The receiving agency shall inform the addressee, using the
standard form set out in Annex II, that he may refuse to accept
the document to be served at the time of service or by returning
the document to the receiving agency within one week if it is
not written in, or accompanied by a translation into, either of
the following languages:

4.
A receiving agency receiving a document for service but
not having territorial jurisdiction to serve it shall forward it, as
well as the request, to the receiving agency having territorial
jurisdiction in the same Member State if the request complies
with the conditions laid down in Article 4(3) and shall inform
the transmitting agency accordingly using the standard form set
out in Annex I. That receiving agency shall inform the transmit-
ting agency when it receives the document,
in the manner
provided for in paragraph 1.

Article 7

Service of documents

The receiving agency shall

1.
itself serve the document or
have it served, either in accordance with the law of the Member
State addressed or by a particular method requested by the
transmitting agency, unless that method is incompatible with
the law of that Member State.

2.
The receiving agency shall take all necessary steps to effect
the service of the document as soon as possible, and in any
event within one month of receipt. If it has not been possible to
effect service within one month of receipt, the receiving agency
shall:

(a) immediately inform the transmitting agency by means of
the certificate in the standard form set out in Annex I,
which shall be drawn up under the conditions referred to in
Article 10(2); and

(b) continue to take all necessary steps to effect the service of
the document, unless indicated otherwise by the transmit-
ting agency, where service seems to be possible within a
reasonable period of time.

(a) a language which the addressee understands;

or

(b) the official language of the Member State addressed or, if
there are several official languages in that Member State, the
official language or one of the official languages of the place
where service is to be effected.

2. Where the receiving agency is informed that the addressee
refuses to accept the document in accordance with paragraph 1,
it shall immediately inform the transmitting agency by means of
the certificate provided for in Article 10 and return the request
and the documents of which a translation is requested.

If

the addressee has refused to accept

3.
the document
pursuant to paragraph 1, the service of the document can be
remedied through the service on the addressee in accordance
with the provisions of this Regulation of the document accom-
panied by a translation into a language provided for in para-
graph 1. In that case, the date of service of the document shall
be the date on which the document accompanied by the transla-
tion is served in accordance with the law of the Member State
addressed. However, where according to the law of a Member
State, a document has to be served within a particular period,
the date to be taken into account with respect to the applicant
shall be the date of the service of the initial document deter-
mined pursuant to Article 9(2).

Paragraphs 1, 2 and 3 shall also apply to the means of
4.
transmission and service of judicial documents provided for in
Section 2.

For

the purposes of paragraph 1,

5.
the diplomatic or
consular agents, where service is effected in accordance with
Article 13, or the authority or person, where service is effected
in accordance with Article 14, shall inform the addressee that
he may refuse to accept the document and that any document
refused must be sent to those agents or to that authority or
person respectively.

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Article 9

Date of service

correspond to a single fixed fee laid down by that Member State
in advance which respects the principles of proportionality and
non-discrimination. Member States shall communicate such
fixed fees to the Commission.

1. Without prejudice to Article 8, the date of service of a
document pursuant to Article 7 shall be the date on which it is
the Member State
served in accordance with the law of
addressed.

2.
However, where according to the law of a Member State a
document has to be served within a particular period, the date
to be taken into account with respect to the applicant shall be
that determined by the law of that Member State.

Paragraphs 1 and 2 shall also apply to the means of trans-
in

judicial documents provided for

3.
mission and service of
Section 2.

SECTION 2

Other means of transmission and service of judicial docu-
ments

Article 12

Transmission by consular or diplomatic channels

Each Member State shall be free, in exceptional circumstances,
to use consular or diplomatic channels to forward judicial docu-
ments, for the purpose of service, to those agencies of another
Member State which are designated pursuant to Articles 2 or 3.

Article 10

Certificate of service and copy of the document served

Article 13

1. When the formalities concerning the service of the docu-
ment have been completed, a certificate of completion of those
formalities shall be drawn up in the standard form set out in
Annex I and addressed to the transmitting agency, together
with, where Article 4(5) applies, a copy of the document served.

The certificate shall be completed in the official language
2.
or one of the official languages of the Member State of origin or
in another language which the Member State of origin has indi-
cated that it can accept. Each Member State shall indicate the
official language or languages of the institutions of the European
Union other than its own which is or are acceptable to it for
completion of the form.

Service by diplomatic or consular agents

1.
Each Member State shall be free to effect service of judicial
documents on persons residing in another Member State,
without application of any compulsion, directly through its
diplomatic or consular agents.

Any Member State may make it known,

2.
in accordance
with Article 23(1), that it is opposed to such service within its
territory, unless the documents are to be served on nationals of
the Member State in which the documents originate.

Article 11

Costs of service

1.
The service of judicial documents coming from a Member
State shall not give rise to any payment or reimbursement of
taxes or costs for services rendered by the Member State
addressed.

However, the applicant shall pay or reimburse the costs

2.
occasioned by:

(a) recourse to a judicial officer or to a person competent under

the law of the Member State addressed;

(b) the use of a particular method of service.

Costs occasioned by recourse to a judicial officer or to a person
competent under the law of the Member State addressed shall

Article 14

Service by postal services

Each Member State shall be free to effect service of judicial
documents directly by postal services on persons residing in
another Member State by registered letter with acknowledge-
ment of receipt or equivalent.

Article 15

Direct service

Any person interested in a judicial proceeding may effect service
of judicial documents directly through the judicial officers, offi-
cials or other competent persons of the Member State addressed,
where such direct service is permitted under the law of that
Member State.

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CHAPTER III

EXTRAJUDICIAL DOCUMENTS

Article 16

Transmission

and that in either of these cases the service or the delivery was
effected in sufficient time to enable the defendant to defend.

Each Member State may make it known,

2.
in accordance
with Article 23(1), that the judge, notwithstanding the provi-
sions of paragraph 1, may give judgment even if no certificate
if all the following
of service or delivery has been received,
conditions are fulfilled:

Extrajudicial documents may be transmitted for service in
another Member State in accordance with the provisions of this
Regulation.

(a) the document was transmitted by one of

the methods

provided for in this Regulation;

CHAPTER IV

FINAL PROVISIONS

Article 17

Implementing rules

this
Measures designed to amend non-essential elements of
Regulation relating to the updating or to the making of tech-
nical amendments to the standard forms set out in Annexes I
and II shall be adopted in accordance with the regulatory proce-
dure with scrutiny referred to in Article 18(2).

Article 18

Committee

1.

The Commission shall be assisted by a committee.

(b) a period of time of not less than six months, considered
adequate by the judge in the particular case, has elapsed
since the date of the transmission of the document;

(c) no certificate of any kind has been received, even though
every reasonable effort has been made to obtain it through
the competent authorities or bodies of the Member State
addressed.

Notwithstanding paragraphs 1 and 2, the judge may order,

3.
in case of urgency, any provisional or protective measures.

4. When a writ of summons or an equivalent document has
had to be transmitted to another Member State for the purpose
of service under the provisions of this Regulation and a judg-
ment has been entered against a defendant who has not
appeared, the judge shall have the power to relieve the defen-
dant from the effects of the expiry of the time for appeal from
the judgment if the following conditions are fulfilled:

2. Where reference is made to this paragraph, Article 5a(1)
to (4) and Article 7 of Decision 1999/468/EC shall apply,
having regard to the provisions of Article 8 thereof.

(a) the defendant, without any fault on his part, did not have
knowledge of the document in sufficient time to defend, or
knowledge of the judgment in sufficient time to appeal; and

Article 19

action on the merits.

(b) the defendant has disclosed a prima facie defence to the

Defendant not entering an appearance

1. Where a writ of summons or an equivalent document has
had to be transmitted to another Member State for the purpose
of service under the provisions of this Regulation and the defen-
dant has not appeared, judgment shall not be given until it is
established that:

(a) the document was served by a method prescribed by the
internal law of the Member State addressed for the service
of documents in domestic actions upon persons who are
within its territory; or

(b) the document was actually delivered to the defendant or to
his residence by another method provided for by this Regu-
lation;

An application for relief may be filed only within a reasonable
time after the defendant has knowledge of the judgment.

Each Member State may make it known,
in accordance with
Article 23(1), that such application will not be entertained if it
is filed after the expiry of a time to be stated by it in that
communication, but which shall in no case be less than one
year following the date of the judgment.

Paragraph 4 shall not apply to judgments concerning the

5.
status or capacity of persons.

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Article 20

Article 23

Relationship with agreements or arrangements to which
Member States are party

Communication and publication

1.
This Regulation shall, in relation to matters to which it
applies, prevail over other provisions contained in bilateral or
multilateral agreements or arrangements concluded by the
Member States, and in particular Article IV of the Protocol to
the Brussels Convention of 1968 and the Hague Convention of
15 November 1965.

2.
This Regulation shall not preclude individual Member
States from maintaining or concluding agreements or arrange-
ments to expedite further or simplify the transmission of docu-
ments, provided that they are compatible with this Regulation.

3. Member States shall send to the Commission:

(a) a copy of the agreements or arrangements referred to in
paragraph 2 concluded between the Member States as well
as drafts of such agreements or arrangements which they
intend to adopt;

and

(b) any denunciation of, or amendments to, these agreements

or arrangements.

Article 21

Legal aid

This Regulation shall not affect the application of Article 23 of
the Convention on civil procedure of 17 July 1905, Article 24
of the Convention on civil procedure of 1 March 1954 or
Article 13 of the Convention on international access to justice
of 25 October 1980 between the Member States party to those
Conventions.

Article 22

Protection of information transmitted

1.
Information, including in particular personal data, trans-
mitted under this Regulation shall be used by the receiving
agency only for the purpose for which it was transmitted.

Receiving agencies shall ensure the confidentiality of such

2.
information, in accordance with their national law.

3.
Paragraphs 1 and 2 shall not affect national laws enabling
data subjects to be informed of the use made of information
transmitted under this Regulation.

1. Member States shall communicate to the Commission the
information referred to in Articles 2, 3, 4, 10, 11, 13, 15 and
19. Member States shall communicate to the Commission if,
according to their law, a document has to be served within a
particular period as referred to in Articles 8(3) and 9(2).

2.
The Commission shall publish the information communi-
cated in accordance with paragraph 1 in the Official Journal of
the European Union with the exception of the addresses and
other contact details of the agencies and of the central bodies
and the geographical areas in which they have jurisdiction.

3.
The Commission shall draw up and update regularly a
manual containing the information referred to in paragraph 1,
which shall be available electronically, in particular through the
European Judicial Network in Civil and Commercial Matters.

Article 24

Review

to the European Parliament,

No later than 1 June 2011, and every five years thereafter, the
Commission shall present
the
Council and the European Economic and Social Committee a
report on the application of
this Regulation, paying special
attention to the effectiveness of the agencies designated pursuant
to Article 2 and to the practical application of Article 3(c) and
Article 9. The report shall be accompanied if need be by propo-
sals for adaptations of this Regulation in line with the evolution
of notification systems.

Article 25

Repeal

Regulation (EC) No 1348/2000 shall be repealed as from

1.
the date of application of this Regulation.

2.
References made to the repealed Regulation shall be
construed as being made to this Regulation and should be read
in accordance with the correlation table in Annex III.

Article 26

Entry into force

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

It shall apply from … (*) with the exception of Article 23 which
shall apply from … (**).

This Regulation shall be without prejudice to Directives

4.
95/46/EC and 2002/58/EC.

(*) Twelve months after the adoption of this Regulation.
(**) Nine months after the adoption of this Regulation.

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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,

For the European Parliament

The President

…

For the Council

The President

…

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ANNEX I

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Official Journal of the European Union

C 193E/23

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EN

Official Journal of the European Union

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EN

Official Journal of the European Union

C 193E/25

C 193E/26

EN

Official Journal of the European Union

21.8.2007

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EN

Official Journal of the European Union

C 193E/27

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EN

Official Journal of the European Union

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EN

Official Journal of the European Union

C 193E/29

ANNEX II

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EN

Official Journal of the European Union

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EN

Official Journal of the European Union

C 193E/31

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EN

Official Journal of the European Union

21.8.2007

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EN

Official Journal of the European Union

C 193E/33

C 193E/34

EN

Official Journal of the European Union

21.8.2007

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EN

Official Journal of the European Union

C 193E/35

C 193E/36

EN

Official Journal of the European Union

21.8.2007

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EN

Official Journal of the European Union

C 193E/37

C 193E/38

EN

Official Journal of the European Union

21.8.2007

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EN

Official Journal of the European Union

C 193E/39

C 193E/40

EN

Official Journal of the European Union

21.8.2007

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EN

Official Journal of the European Union

C 193E/41

C 193E/42

EN

Official Journal of the European Union

21.8.2007

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EN

Official Journal of the European Union

C 193E/43

C 193E/44

EN

Official Journal of the European Union

21.8.2007

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EN

Official Journal of the European Union

C 193E/45

C 193E/46

EN

Official Journal of the European Union

21.8.2007

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EN

Official Journal of the European Union

C 193E/47

C 193E/48

EN

Official Journal of the European Union

21.8.2007

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EN

Official Journal of the European Union

C 193E/49

C 193E/50

EN

Official Journal of the European Union

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EN

Official Journal of the European Union

C 193E/51

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EN

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ANNEX III

CORRELATION TABLE

Regulation (EC) No 1348/2000

This Regulation

Article 1(1) first sentence

Article 1(1) second sentence

Article 1(2)

Article 1(3)

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7(1)

Article 1(1)

—

Article 1(2)

—

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7(1)

Article 7(2) first sentence

Article 7(2) first sentence

Article 7(2) second sentence

—

Article 7(2) third sentence

Article 7(2) second sentence (introductory phrase) and
Article 7(2)(a)

Article 7(2)(b)

—

Article 8(1) introductory phrase

Article 8(1) introductory phrase

Article 8(1)(a)

Article 8(1)(b)

Article 8(2)

—

Article 9(1) and (2)

Article 9(3)

—

Article 10

Article 11(1)

Article 11(2)

—

Article 12

Article 13

Article 14(1)

Article 14(2)

Article 15(1)

Article 15(2)

Article 16

Article 8(1)(b)

Article 8(1)(a)

Article 8(2)

Article 8(3) to (5)

Article 9(1) and (2)

—

Article 9(3)

Article 10

Article 11(1)

Article 11(2) first subparagraph

Article 11(2) second subparagraph

Article 12

Article 13

Article 14

—

Article 15

—

Article 16

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Regulation (EC) No 1348/2000

This Regulation

Article 17, introductory phrase

Article 17(a) to (c)

Article 18(1) and (2)

Article 18(3)

Article 19

Article 20

Article 21

Article 22

Article 23(1)

—

Article 23(2)

—

Article 24

Article 25

—

—

Annex

—

—

Article 17

—

Article 18(1) and (2)

—

Article 19

Article 20

Article 21

Article 22

Article 23(1) first sentence

Article 23(1) second sentence

Article 23(2)

Article 23(3)

Article 24

—

Article 25

Article 26

Annex I

Annex II

Annex III

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STATEMENT OF COUNCIL'S REASONS

I.

INTRODUCTION

The Commission submitted in July 2005 a proposal for a Regulation of the European Parliament and of
the Council amending Council Regulation (EC) No 1348/2000. After in-depth discussions on this
proposal in the competent Council committee the Council agreed on a general approach at its meeting
on 1 and 2 June 2006. In the wake of this general approach contacts were made with the European
Parliament and an agreement was reached on the amendments to be made to Regulation (EC)
No 1348/2000. Both institutions were of the opinion that, in the interest of good lawmaking, Regu-
lation (EC) No 1348/2000 should be codified rather that just amended.

The European Parliament consequently in its opinion in July 2006 adopted a number of amendments
which corresponded to the amendments agreed with the Council and formally called on the Commis-
sion to submit a codified version of Regulation (EC) No 1348/2000 by way of an amended proposal.

In compliance with this request the Commission submitted on 4 December 2006 an amended proposal
for a Regulation on the service in the Member States of judicial and extrajudicial documents in civil
or commercial matters (service of documents)
incorporating the amendments to Regulation (EC)
No 1348/2000 adopted by the European Parliament and the Council and repealing that Regulation.

A slightly amended version of this text was approved unanimously by the Council at its meeting on
19 and 20 April 2007 and a Council common position was subsequently drawn up. This common posi-
tion was adopted formally by the Council by unanimity on 28 June 2007.

II. ANALYSIS OF THE COMMON POSITION

The Council common position remains faithful to the text agreed between the European Parliament and
the Council and thus also to a large extent to the Commission's amended proposal. Only where the text
of the amended proposal diverged from the agreed text or where amendments were necessary for other
reasons have changes been made. The main ones are highlighted below.

Changes which the Council has not accepted

Article 1(2)(b)

The European Parliament and the Council had agreed on the insertion of a new recital (EP amendment 7).
The Commission in its amended proposal had duly inserted this new recital (Recital 8), but had also
inserted a provision in Article 1(2)(b). As such a new provision had not been agreed between the Euro-
pean Parliament and the Council, the Council has deleted the added provision. The common position
thus follows the agreed approach.

Article 19

The wording of Article 19 in the Commission's amended proposal diverged slightly from that of
Article 19 of Regulation (EC) No 1348/2000 in the sense that there was no longer any mentioning of a
document being delivered to the defendant. Since no amendment of Article 19 had been agreed
between the European Parliament and the Council, the Council has reverted to the previous text in its
common position.

Changes which the Council has accepted

The European Parliament and the Council had agreed on the insertion of a new Article 15a (EP amend-
ment 25). In its amended proposal the Commission accepted the substance of this amendment, but
opted for a solution consisting in the insertion of two new paragraphs in Article 8 and one new para-
graph in Article 9 instead of a specific provision. The Council finds this solution fully in line with good
lawmaking and has therefore incorporated it in its common position.

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Repeal of Regulation (EC) No 1348/2000

As the Council and the European Parliament had called for a codification of Regulation (EC)
No 1348/2000 the Commission inserted in its amended proposal the necessary provisions on the repeal
of that Regulation (Recital 27, Article 25 and the correlation table in Annex III). In the interest of good
lawmaking the Council has incorporated these provisions and the correlation table in its common posi-
tion.

Changes which the Council has made

When Regulation (EC) No 1348/2000 was adopted in May 2000 there was not yet an established prac-
tice on how to deal with the fact that Denmark in accordance with the Protocol on the Position of
Denmark does not take part in the adoption of measures pursuant to Title IV of the EC Treaty and that
such measures are not binding for and do not apply in Denmark. Regulation No 1348/2000 did there-
fore not contain the now customary provision on the definition of ‘Member State’. In order to make up
for this omission the Council has inserted in its common position a new paragraph 3 in Article 1. The
Council has equally as a consequence of the exclusion of Denmark made the appropriate adjustments in
the Annexes.

III. CONCLUSION

The Council considers its common position on the Regulation on service of documents to be fully in
line with the amendments wanted by the European Parliament and the Council and in line with the
Commission's amended proposal incorporating those amendments.