13.3.2010 EN Official Journal of the European Union L 65/1
IMPLEMENTING REGULATION OF THE COUNCIL (EU) No 210/2010
of 25 February 2010
amending the lists of insolvency proceedings, winding-up proceedings and liquidators in Annexes A, B and C to Regulation (EC) No 1346/2000 on insolvency proceedings and codifying Annexes A, B and C to that Regulation
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 291(2) thereof,
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 European Commission,
Whereas:
(1) Annexes A, B and C to Regulation (EC) No 1346/2000 list the designations given in the national legislation of the Member States to the proceedings and liquidators to which that Regulation applies. Annex A lists the insolvency proceedings referred to in Article 2(a) of that Regulation. Annex B lists the winding-up proceedings referred to in Article 2(c) of that Regulation and Annex C lists the liquidators referred to in Article 2(b) of that Regulation.
(2) On 2 March 2009, Belgium notified the Commission, 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. This notification was subsequently adjusted by Belgium so as to supplement the amendments to the lists in Annexes A and C and to add an amendment to the list set out in Annex B.
(3) As a consequence of the amendments to Annexes A, B and C to Regulation (EC) No 1346/2000 following the abovementioned notification by Belgium and the subsequent adjustment thereof, a codification of Annexes A, B and C to that Regulation should be made to provide all parties involved in insolvency proceedings covered by that Regulation with the necessary legal certainty.
(4) 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.
(5) 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 on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.
(6) Annexes A, B and C to Regulation (EC) No 1346/2000 should therefore be amended and codified accordingly,
Regulation (EC) No 1346/2000 shall be amended as follows:
1. in Annex A, the designations for Belgium are replaced by the following:
2. in Annex B, the designations for Belgium are replaced by the following:
3. in Annex C, the designations for Belgium are replaced by the following:
Annexes A, B and C to Regulation (EC) No 1346/2000 as amended in accordance with Article 1 of this Regulation are hereby codified and replaced by the texts set out in Annexes I, II and III to this Regulation.
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be published in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.