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) (Text with EEA relevance)

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)
(Text with EEA relevance)
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) 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 ensured. For the gradual establishment of such an area, the Community is to adopt, among others, the measures relating to judicial cooperation in civil matters needed for the proper functioning of the internal market.
(2) Setting up a framework for projects involving training, information, studies and exchanges for legal practitioners will contribute to improving mutual understanding of the legal and judicial systems of the Member States, thereby lowering the barriers to judicial cooperation in civil matters between Member States.
(3) For the purpose of the proper functioning of the internal market, such barriers must be lowered.
(4) This area falls within the scope of Article 65 of the EC Treaty.
(5) In accordance with the principle of subsidiarity set out in Article 5 of the EC Treaty, the objectives of this Regulation cannot be sufficiently achieved by the Member States and can therefore be better achieved by the Community, because of the expected economies of scale and the cumulative effects of the projects envisaged.
(6) On 28 October 1996 the Council adopted Joint Action 96/636/JHA on a programme of incentives and exchanges for legal practitioners (Grotius)(4). That programme sets out to facilitate judicial cooperation between Member States by fostering mutual knowledge of legal and judicial systems. It is intended for legal practitioners and provides funding for training, exchange and work-experience programmes, organisation of meetings, studies and research, and the distribution of information.
(7) The Grotius programme expires in 2000. It has been deemed useful to extend the programme, but for a one-year transition period only, pending the outcome of a fundamental re-think of its future, i.e. its objectives, operation and links with other ongoing programmes.
(8) As regards judicial cooperation in civil matters, the Grotius programme is being extended on the basis of a Community instrument. A separate and parallel exercise is in hand to extend the Grotius programme as regards judicial cooperation in criminal matters on the basis of an instrument coming under the Treaty on European Union.
(9) This Regulation takes over most of the provisions of Joint Action 96/636/JHA, with some adjustments to allow for limitation of the scope to judicial cooperation in civil matters and for the transitional nature of the exercise.
(10) A financial reference amount within the meaning of point 34 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure(5), is included in this Regulation for 2001, without thereby affecting the powers of the budgetary authority as they are defined by the Treaty.
(11) 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(6).
(12) 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 European Union and the Treaty establishing the European Community, have given notice of their wish to take part in the adoption and application of this Regulation.
(13) Denmark, in accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, is not participating in the adoption of this Regulation, and is therefore not bound by it nor subject to its application,