Proposal for a Council Regulation amending Annexes A and B to Regulation (EC) No 1346/2000 on insolvency proceedings
Date: 2008-05-08
Institutions: European Commission
Subjects: EU law, financial solvency, judicial cooperation, judicial proceedings, national law

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 8.5.2008 
COM(2008) 246 final 

Proposal for a 

COUNCIL REGULATION 

amending Annexes A and B to Regulation (EC) No 1346/2000 on insolvency proceedings 

(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 B 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 B lists the winding-up proceedings referred to in 
Article 2(c). 

The  annexes  to  Council  Regulation  (EC)  No  1346/2000  were  amended  lastly  by  Council 
Regulation (EC) No 681/2007 of 13 June 2007. 

The  Republic  of  Latvia  notified  the  Commission  on  13  December  2007  of  further 
amendments to the lists set out in Annexes A and B. 

•  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 the Republic of Latvia in Annexes A and B to 
Council  Regulation  (EC)  No  1346/2000  with  new  lists  taking  into  account  the  information 
notified by the Republic of Latvia. 

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 B to Regulation (EC) No 1346/2000 on insolvency proceedings 

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) 

(3) 

(4) 

Annexes A and B to Regulation (EC) No 1346/2000 list respectively the designations 
of the insolvency proceedings and winding-up proceedings in the national legislation 
of the Member States. 

The  Republic  of  Latvia  notified  the  Commission  on  13  December  2007,  pursuant  to 
Article  45  of  Regulation  (EC)  No  1346/2000,  of  amendments  to  the  lists  set  out  in 
Annexes A and B to that Regulation. 

The United Kingdom and Ireland are bound by Regulation (EC) No 1346/2000, and, 
by virtue of Article 45 of that Regulation, are therefore taking part in the adoption and 
application of this Regulation. 

Denmark,  in  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of 
Denmark  annexed  to  the  Treaty  on  European  Union  and  the  Treaty  establishing  the 
European  Community,  is  not  participating  in  the  adoption  of  this  Regulation,  and  is 
therefore not bound by it or subject to its application. 

(5) 

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

HAS ADOPTED THIS REGULATION: 

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

Article 1 

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OJ  L  160,  30.6.2000,  p  1.  Regulation  as  last  amended  by  Regulation  (EC)  n°  681/2007  (OJ  L  159, 
20.6.2007, p. 1). 
OJ C , , p. . 

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(1) In Annex A, the insolvency proceedings relating to the Republic of Latvia are replaced by 
the following: 

"LATVIJA 

–  Tiesiskās aizsardzības process 

–  Sanācija juridiskās personas maksātnespējas procesā 

–  Izlīgums juridiskās personas maksātnespējas procesā 

–  Izlīgums fiziskās personas maksātnespējas procesā 

–  Bankrota procedūra juridiskās personas maksātnespējas procesā 

–  Bankrota procedūra fiziskās personas maksātnespējas procesā" 

(2) In Annex B, the winding-up proceedings relating to the Republic of Latvia are replaced by 
the following: 

"LATVIJA 

–  Bankrota procedūra juridiskās personas maksātnespējas procesā 

–  Bankrota procedūra fiziskās personas maksātnespējas procesā" 

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 in 
accordance with the Treaty establishing the European Community. 

Done at Brussels,  

For the Council 
The President 

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