Common Position (EC) No 8/2007 of 13 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 Decision of the European Parliament and of the Council establishing for the period 2007-2013 the Specific Programme Civil Justice as part of the General Programme Fundamental Rights and Justice
Date: 2007-07-24
Institutions: Council of the European Union
Subjects: EU financing, EU programme, civil law, exchange of information, fundamental rights, judicial cooperation in criminal matters in the EU, management audit

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III

(Preparatory Acts)

COUNCIL

COMMON POSITION (EC) No 8/2007

adopted by the Council on 13 June 2007

with a view to adopting Decision No .../2007/EC of the European Parliament and of the Council of
… establishing for the period 2007-2013 the Specific Programme ‘Civil Justice’ as part of the
General Programme ‘Fundamental Rights and Justice’

(2007/C 171 E/01)

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

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

Having regard to the proposal from the Commission,

Acting in accordance with the procedure
Article 251 of the Treaty (1),

laid down in

Whereas:

(1)

(2)

The Community has set
the objective of main-
itself
taining and developing an area of freedom, security and
justice, in which the free movement of persons is assured.
To this end,
inter alia,
judicial cooperation in civil
measures in the field of
matters necessary for
the
internal market.

the Community is to adopt,

functioning of

the proper

Following previous programmes, such as Grotius (2) and
the Robert Schuman project (3), Council Regulation (EC)
No 743/2002 (4) established, for the period 2002-2006,
a general Community framework of activities to facilitate
the implementation of
judicial cooperation in civil
matters.

(1) Opinion of the European Parliament of 14 December 2006 (not yet
published in the Official Journal), Council Common Position of 13 June
2007 and position of the European Parliament of ... (not yet published
in the Official Journal); Council Decision of... (not yet published in the
Official Journal).

(2) Joint Action 96/636/JHA of 28 October 1996 adopted by the Council
on the basis of Article K.3 of the Treaty on European Union, on a
legal practitioners
programme of
(Grotius) (OJ L 287, 8.11.1996, p. 3); Council Regulation (EC) No 290/
2001 of 12 February 2001 extending the programme of incentives and
exchanges for legal practitioners in the area of civil law (Grotius-civil)
(OJ L 43, 14.2.2001, p. 1).

incentives and exchanges

for

(3) Decision No 1496/98/EC of the European Parliament and of the
Council of 22 June 1998 establishing an action programme to improve
awareness of Community law within the legal professions (Robert
Schuman project) (OJ L 196, 14.7.1998, p. 24).

(4) OJ L 115, 1.5.2002, p. 1.

(3)

(4)

(5)

(6)

(7)

(8)

The Brussels European Council of 4 and 5 November
2004 adopted the Hague Programme: Strengthening
freedom, security and justice in the European Union (5)
(hereinafter referred to as the Hague Programme).

In June 2005, the Council and the Commission adopted
the Action Plan implementing the Hague Programme (6).

The ambitious objectives set by the Treaty and the Hague
Programme should be achieved through the establish-
ment of a flexible and effective programme that will facil-
itate planning and implementation.

The programme 'Civil Justice' should provide for initia-
tives taken by the Commission, in compliance with the
principle of subsidiarity, for actions in support of organi-
sations promoting and facilitating judicial cooperation in
civil matters, and for actions in support of specific
projects.

A general programme in the field of civil justice aimed at
better 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 improve the functioning of the internal market.

strengthening
According to the Hague Programme,
mutual confidence requires an explicit effort to improve
mutual understanding among judicial authorities and
different legal systems. European networks of national
public authorities should be given special attention and
support in this respect.

(5) OJ C 53, 3.3.2005, p. 1.
(6) OJ C 198, 12.8.2005, p. 1.

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(9)

This Decision should provide for the possibility to co-
finance the activities of certain European networks to the
extent that the expenditure is incurred in pursuing an
objective of general European interest. However, such co-
financing should not
imply that a future programme
would cover such networks, nor should it prevent other
European networks from benefiting from support
to
their activities in accordance with this Decision.

(10) Any institution, association or network receiving a grant
under the programme 'Civil Justice' should acknowledge
the Community support received in accordance with the
visibility guidelines to be laid down by the Commission.

(11)

(12)

(13)

This Decision lays down, for the entire duration of the
programme, a financial envelope constituting the prime
reference, within the meaning of point 37 of the Interin-
stitutional Agreement of 17 May 2006 between the Euro-
pean Parliament, the Council and the Commission on
budgetary discipline and sound financial management (1),
for the budgetary authority during the annual budgetary
procedure.

Since the objectives of
this Decision cannot be suffi-
ciently achieved by the Member States and can therefore,
by reason of the scale and effects of the programme, be
better achieved at Community level, the Community may
adopt measures in accordance with the principle of subsi-
diarity as set out in Article 5 of the Treaty. In accordance
with the principle of proportionality, as set out in that
Article, this Decision does not go beyond what is neces-
sary in order to achieve those objectives.

referred to as

Council Regulation (EC, Euratom) No 1605/2002 of 25
June 2002 on the Financial Regulation applicable to the
general budget of the European Communities (2) (herein-
after
the Financial Regulation) and
Commission Regulation (EC, Euratom) No 2342/2002 of
23 December 2002 laying down detailed rules for the
implementation of Council Regulation (EC, Euratom) No
1605/2002 (3), which safeguard the Community financial
interests, have to be applied taking into account the prin-
ciples of simplicity and consistency in the choice of
budgetary instruments, a limitation on the number of
cases where the Commission retains direct responsibility
for implementation and management, and the required
proportionality between the level of resources and the
administrative burden related to their use.

(14) Appropriate measures should also be taken to prevent
irregularities and fraud, and the necessary steps should be
taken to recover funds lost, wrongly paid or incorrectly
used in accordance with Council Regulation (EC,
Euratom) No 2988/95 of 18 December 1995 on the
interests (4),
protection of

the Communities'

financial

(1) OJ C 139, 14.6.2006, p. 1.
(2) OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC,

Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

(3) OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Regulation

(EC, Euratom) No 478/2007 (OJ L 111, 28.4.2007, p. 13).

(4) OJ L 312, 23.12.1995, p. 1.

Council Regulation (Euratom, EC) No 2185/96 of
11 November 1996 concerning on-the-spot checks and
inspections carried out by the Commission in order to
interests
protect
against fraud and other irregularities (5) and Regulation
(EC) No 1073/1999 of the European Parliament and of
the Council of 25 May 1999 concerning investigations
conducted by the European Anti-Fraud Office (OLAF) (6).

the European Communities'

financial

(15)

(16)

(17)

(18)

(19)

(20)

The Financial Regulation requires a basic act
provided to cover operating grants.

to be

the exercise of

The measures necessary for the implementation of this
Decision should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures for
implementing powers
conferred on the Commission (7), with a distinction
being made between those measures which are subject to
the management procedure and those which are subject
to the advisory procedure, the advisory procedure being
in certain cases, with a view to increased efficiency, the
more appropriate.

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 European Community,
the United Kingdom and
Ireland have notified their wish to take part in the adop-
tion and application of this Decision.

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 Decision and is not bound by it or subject to its
application.

The European Economic and Social Committee has deliv-
ered an opinion (8) on this Decision.

In order to ensure the effective and timely implementa-
tion of the Programme, this Decision should apply from
1 January 2007,

HAVE DECIDED AS FOLLOWS:

Article 1

Establishment of the Programme

1.
This Decision establishes the Specific Programme 'Civil
Justice', hereinafter referred to as 'the Programme', as part of the
General Programme 'Fundamental Rights and Justice', in order
to contribute to the progressive establishment of the area of
freedom, security and justice.

(5) OJ L 292, 15.11.1996, p. 2.
(6) OJ L 136, 31.5.1999, p. 1.
(7) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

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

(8) OJ C 69, 21.3.2006, p. 1.

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The Programme shall cover the period from 1 January

2.
2007 to 31 December 2013.

instruments in the area of judicial cooperation in civil and
commercial matters;

In this Decision,

3.
Member States with the exception of Denmark.

the term 'Member State' shall mean

Article 2

General objectives

The Programme shall have the following general objec-

1.
tives:

(a) to promote judicial cooperation with the aim of contri-
buting to the creation of a genuine European area of justice
in civil matters based on mutual recognition and mutual
confidence;

(b) to promote the elimination of obstacles to the good func-
tioning of cross-border civil proceedings in the Member
States;

(c) to improve the daily life of individuals and businesses by
enabling them to assert their rights throughout the Euro-
pean Union, notably by fostering access to justice;

(d) to improve the contacts, exchange of

information and
networking between legal, judicial and administrative autho-
rities and the legal professions, including by way of support
of judicial training, with the aim of better mutual under-
standing among such authorities and professionals.

2. Without prejudice to the objectives and powers of the
Community,
the Programme shall
contribute to the development of Community policies, and
more specifically to the creation of a judicial area.

the general objectives of

Article 3

Specific objectives

The Programme shall have the following specific objectives:

(a) to foster judicial cooperation in civil matters aiming at:

(i) ensuring legal certainty and improving access to justice;

(ii) promoting mutual recognition of decisions in civil and

commercial cases;

(iii) eliminating obstacles to cross-border litigation created
law and civil procedures and
by disparities in civil
promoting the necessary compatibility of legislation for
that purpose;

(iv) guaranteeing a proper administration of

justice by

avoiding conflicts of jurisdiction;

(b) to improve mutual knowledge of Member States' legal and
judicial
in civil matters and to promote and
strengthen networking, mutual cooperation, exchange and
dissemination of information, experience and best practices;

systems

(d) to improve information on the legal systems in the Member

States and access to justice;

(e) to promote the training of legal practitioners in Union and

Community law;

(f) to evaluate the general conditions necessary to reinforce
mutual confidence, while fully respecting the independence
of the judiciary;

(g) to facilitate the operation of the European Judicial Network
in civil and commercial matters established by Council Deci-
sion 2001/470/EC (1).

Article 4

Actions

in Articles 2 and 3,

With a view to pursuing the general and specific objectives set
out
the
following types of action under the conditions set out in the
annual work programmes referred to in Article 9(2):

the Programme shall support

(a) specific actions initiated by the Commission, such as studies
and research, opinion polls and surveys, formulation of indi-
cators and common methodologies, collection, development
and dissemination of data and statistics, seminars, confer-
ences and expert meetings, organisation of public campaigns
and events, development and maintenance of websites,
preparation and dissemination of
information material,
support
for and management of networks of national
experts, analytical, monitoring and evaluation activities; or

(b) specific

transnational projects of Community
interest
presented by an authority or any other body of a Member
State, an international organisation or a non-governmental
organisation, and involving in any case at least two Member
States or at least one Member State and one other State
which may be either an acceding country or a candidate
country; or

(c) the activities of non-governmental organisations or other
entities pursuing an aim of general European interest in
accordance with the general objectives of the Programme
under
annual work
set out
programmes; or

conditions

in the

the

the Supreme Judicial Courts of

(d) operating grants to co-finance expenditure associated with
the permanent work programmes of the European Network
of Councils for the Judiciary and the Network of the Presi-
dents of
the European
Union, insofar as it is incurred in pursuing an objective of
general European interest by promoting exchanges of views
and experience on matters concerning case-law and the
organisation and functioning of
those
networks in the performance of their judicial and/or advi-
sory functions with regard to Community law.

the members of

(c) to ensure the sound implementation,

the correct and
concrete application and the evaluation of Community

(1) OJ L 174, 27.6.2001, p. 25.

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Article 5

Participation

1.
The following countries may participate in the actions of
the Programme: the acceding countries, the candidate countries
and the Western Balkan countries included in the stabilisation
and association process in accordance with the conditions laid
down in the association agreements or additional protocols
thereto relating to participation in Community programmes
concluded or to be concluded with those countries.

2.
Projects may associate legal practitioners from Denmark,
from candidate countries not participating in the Programme
where this would contribute to their preparation for accession,
third countries not participating in the
or
Programme where this serves the aim of the projects.

from other

3.
Furthermore, provision shall be made for expenditure on
accompanying measures, by means of public procurement
contracts, in which case Community financing shall cover the
inter alia,
purchase of goods and services. This shall cover,
expenditure on information and communication, preparation,
implementation, monitoring,
and evaluation of
projects, policies, programmes and legislation.

checking

Article 9

Implementing measures

The Commission shall implement the Community finan-

1.
cial support in accordance with the Financial Regulation.

Article 6

Target groups

To implement

the Programme,

2.
the Commission shall,
within the limits of the general objectives set out in Article 2,
adopt annual work programmes specifying specific objectives,
thematic priorities, the accompanying measures referred to in
Article 8(3) and, if necessary, a list of other actions.

The Programme is targeted at, inter alia, legal practitioners,

1.
national authorities and the citizens of the Union in general.

The annual work programmes shall be adopted in accord-

3.
ance with the procedure referred to in Article 10(2).

2.
For the purposes of this Decision, 'legal practitioners' shall
solicitors, notaries,
mean judges, prosecutors,
academic and scientific personnel, ministry officials, court offi-
cers, bailiffs, court interpreters and other professionals asso-
ciated with the judiciary in the area of civil law.

advocates,

Article 7

Access to the Programme

Access to the Programme shall be open to institutions and
public or private organisations, including professional organisa-
tions, universities, research institutes and legal and judicial
training institutes for legal practitioners, international organisa-
tions and non-governmental organisations of
the Member
States.

Article 8

Types of intervention

The evaluation and award procedures relating to grants to

4.
actions shall take into account, inter alia, the following criteria:

(a) conformity of the proposed action with the annual work
programme, the objectives set out in Articles 2 and 3 and
the types of action set out in Article 4;

(b) quality of the proposed action in terms of its design, organi-

sation, presentation and expected results;

(c) amount requested for Community financing and its appro-

priateness in relation to expected results;

(d) impact of the expected results on the objectives set out in
Articles 2 and 3 and on the actions referred to in Article 4.

Applications for operating grants referred to in Article 4

5.
(d) shall be assessed in the light of:

(a) consistency with the objectives of the Programme;

(b) quality of the planned activities;

(c) likely multiplier effect on the public of these activities;

(d) geographical impact of the activities carried out;

1.

Community financing may take the following legal forms:

(a) grants;

(e) citizens'

involvement

in the organisation of

the bodies

concerned;

(b) public procurement contracts.

(f) cost/benefit ratio of the activity proposed.

Community grants shall be awarded further to calls for
2.
proposals and shall be provided through operating grants and
grants to actions. The maximum rate of co-financing shall be
specified in the annual work programmes.

The Commission shall examine each of

the proposed
6.
actions submitted to it under Article 4(b) and (c). Decisions
relating to these actions shall be adopted in accordance with the
procedure referred to in Article 11(2).

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Article 10

Management Committee

able annual appropriations shall be authorised by the budgetary
authority within the limits of the financial framework.

The Commission shall be assisted by a Management

1.
Committee.

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

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

Article 11

Advisory Committee

The Commission shall be assisted by an Advisory

1.
Committee.

2. Where reference is made to this paragraph, Articles 3 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

Article 12

Complementarity

1.
Synergies and complementarity shall be sought with other
Community instruments, in particular the Specific Programme
'Criminal
Justice' as part of the General Programme 'Funda-
mental Rights and Justice', and the General Programmes
'Security and Safeguarding Liberties' and 'Solidarity and Manage-
ment of Migration Flows'. The statistical element of information
on civil justice shall be developed in collaboration with Member
States, using as necessary the Community Statistical Programme.

The Programme may exceptionally share resources with
2.
other Community instruments,
the Specific
Programme 'Criminal Justice', as part of the General Programme
'Fundamental Rights and Justice', in order to implement actions
meeting the objectives of both Programmes.

in particular

3.
Operations financed under this Decision shall not receive
financial support for the same purpose from other Union or
the
Community financial
Programme shall provide the Commission with information
about financing received from the general budget of the Euro-
pean Union and from other sources, as well as information
about ongoing applications for financing.

instruments. The beneficiaries of

Article 13

Budgetary resources

1.
this
The financial envelope for the implementation of
Decision shall be set at EUR 109 300 000 for the period set
out in Article 1.

2.
The budgetary resources allocated to the actions provided
for in the Programme shall be entered in the annual appropria-
tions of the general budget of the European Union. The avail-

Article 14

Monitoring

1.
The Commission shall ensure that for any action financed
by the Programme, the beneficiary submits technical and finan-
cial reports on the progress of work and that a final report is
submitted within three months of the completion of the action.
The Commission shall determine the form and content of the
reports. The Commission shall make the reports available to
Member States.

2. Without prejudice to the audits carried out by the Court
of Auditors in liaison with the competent national audit bodies
or departments pursuant to Article 248 of the Treaty, or any
inspection carried out pursuant to point (b) of the first sub-
paragraph of Article 279(1) of the Treaty, officials and other
the Commission may carry out on-the-spot checks,
staff of
including sample checks, on actions
the
Programme.

financed under

3.
The Commission shall ensure that contracts and agree-
ments resulting from the implementation of the Programme
provide in particular for supervision and financial control by the
Commission (or any representative authorised by it), if necessary
on-the-spot, and for audits by the Court of Auditors.

4.
The Commission shall ensure that for a period of five
years following the last payment in respect of any action, the
beneficiary of financial support keeps available for the Commis-
sion all the supporting documents regarding expenditure on the
action.

On the basis of the results of the reports and sample
5.
checks referred to in paragraphs 1 and 2, the Commission shall
ensure that, if necessary, the scale or the conditions of allocation
of the financial support originally approved and also the time-
table for payments are adjusted.

6.
The Commission shall ensure that every other step neces-
sary to verify that the actions financed are carried out properly
and in compliance with the provisions of this Decision and the
Financial Regulation, is taken.

Article 15

Protection of Community financial interests

The Commission shall ensure that, when actions financed
1.
under this Decision are implemented, the financial interests of
the Community are protected by the application of preventive
measures against fraud, corruption and any other illegal activ-
ities, by effective checks and by the recovery of the amounts
irregularities are detected, by effective,
wrongly paid and,
proportional and dissuasive penalties, in accordance with Regu-
lations (EC, Euratom) No 2988/95, (Euratom, EC) No 2185/96
and (EC) No 1073/1999.

if

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2.
For the Community actions financed under this Decision,
Regulations (EC, Euratom) No 2988/95 and (Euratom, EC) No
2185/96 shall apply to any infringement of a provision of Com-
munity law, including infringements of a contractual obligation
stipulated on the basis of the Programme, resulting from an act
or omission by an economic operator, which has, or would
have, the effect of prejudicing the general budget of the Euro-
pean Union or budgets managed by the European Communities
by an unjustified item of expenditure.

3.
The Commission shall ensure that the amount of financial
support granted for an action is reduced, suspended or recov-
ered if it finds irregularities, including non-compliance with the
provisions of this Decision or the individual decision or the
contract or agreement granting the financial support in ques-
tion, or if
transpires that, without Commission approval
having been sought, the action has been subjected to a change
which conflicts with the nature or implementing conditions of
the project.

it

4.
If the time limits have not been observed or if only part
of the allocated financial support is justified by the progress
made with implementing an action, the beneficiary shall submit
observations to the Commission within a specified period. If the
beneficiary does not give a satisfactory answer, the Commission
shall ensure that
the remaining financial support may be
cancelled and that sums already paid are demanded to be
repaid.

5.
The Commission shall ensure that any undue payment is
repaid to the Commission. Interest shall be added to any sums
not repaid in good time under the conditions laid down by the
Financial Regulation.

Article 16

Evaluation

(a) an annual presentation on the implementation of

the

Programme;

(b) an interim evaluation report on the results obtained and the
qualitative and quantitative aspects of the implementation of
the Programme, including on the work carried out by the
beneficiaries of operating grants referred to in Article 4(d),
not later than 31 March 2011;

(c) a communication on the continuation of the Programme

not later than 30 August 2012;

(d) an ex-post evaluation report not later than 31 December

2014.

Article 17

Publication of actions

Each year the Commission shall publish a list of the actions
financed under the Programme with a short description of each
project.

Article 18

Visibility

The Commission shall lay down guidelines to ensure the visibi-
lity of the financial support granted under this Decision.

Article 19

Entry into force

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

It shall apply from 1 January 2007.

The Programme shall be monitored regularly in order to

1.
follow the implementation of activities carried out under it.

The Commission shall ensure a regular, independent and

2.
external evaluation of the Programme.

The Commission shall submit to the European Parliament

3.
and the Council:

Done at Brussels,

For the European Parliament

The President

For the Council

The President

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

The Council reached political agreement on the text of the draft Decision establishing for the period
2007-2013 the Specific Programme ‘Civil
Justice’ as part of the General Programme ‘Fundamental
Rights and Justice’ at its meeting on 19 and 20 April 2007 (1).

Following this political agreement the Council by unanimity adopted its common position on 13 June
2007.

II. ANALYSIS OF THE COMMON POSITION

The Council Common Position to a very large extent takes over the position of the European Parliament
adopted at first reading on 14 December 2006 (2). Most of the amendments adopted by the European
Parliament have been incorporated in the common position which therefore meets the wishes of the
European Parliament as expressed by the Parliament and accepted by the Council (3) during the informal
contacts leading up to the adoption of the European Parliament's position at first reading.

In fact, the only amendments which the Council has not accepted are the ones relating to the committee
procedure, i.e. part of recital 13 (new recital 16), Article 9(3) and Article 10A (new Article 10). As
already explained to the European Parliament in October 2006 the Council does not consider the regula-
tory procedure with scrutiny wanted by the European Parliament to be the appropriate committee proce-
dure for the adoption of the annual work programmes. The implementing powers conferred on the
Commission in that respect are not designed to make changes to the text of the basic instrument by
deleting or replacing certain parts or supplementing it by the addition of new non-essential elements.
On the contrary, they are designed to implement specific existing rules in the basic act without allowing
the Commission to add new elements and thus ‘supplement’ it. The Council therefore maintains in its
the general agreement (4)
common position the management procedure foreseen in the text of
confirmed by the JHA Council on 24 July 2006.

III. CONCLUSION

The Council considers the text of the common position to be a well balanced text and the best achiev-
able compromise.

(1) Doc. 8021/07 JUSTCIV 72 CODEC 305.
(2) Doc. 16587/06 CODEC 1524 JUSTCIV 279.
(3) Doc. 14546/06 JUSTCIV 235 CODEC 1188.
(4) Doc. 5288/1/06 REV 1 JUSTCIV 5 CODEC 27 + COR 1.