Legal provisions of COM(2001)221 - General framework for Community activities to facilitate the implementation of a European judicial area in civil matters

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dossier COM(2001)221 - General framework for Community activities to facilitate the implementation of a European judicial area in civil matters.
document COM(2001)221 EN
date April 25, 2002


Contents

CHAPTER I - OBJECTIVES AND ACTIVITIES

Article 1 - Subject matter

1. This Regulation establishes, for the period from 1 January 2002 to 31 December 2006, a general Community framework for activities to facilitate the implementation of judicial cooperation in civil matters (hereinafter referred to as the 'general framework').

2. This Regulation shall not apply to Denmark.

Article 2 - Objectives

The general framework for activities shall have the following objectives:

1. to promote judicial cooperation in civil matters, aiming in particular at:

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

(b) promoting mutual recognition of judicial decisions and judgments;

(c) promoting the necessary approximation of legislation; or

(d) eliminating obstacles created by disparities in civil law and civil procedures;

2. to improve mutual knowledge of Member States' legal and judicial systems in civil matters;

3. to ensure the sound implementation and application of Community instruments in the area of judicial cooperation in civil matters; and

4. to improve information to the public on access to justice, judicial cooperation and the legal systems of the Member States in civil matters.

Article 3 - Types of activities

Activities given financial support or carried out under this general framework for activities shall meet at least one of the objectives in Article 2 and shall consist of:

1. specific actions taken by the Commission; or

2. actions providing financial support for specific projects of Community interest under the conditions set out in Article 5; or

3. actions providing financial support for the activities of non-governmental organisations under the conditions set out in Article 6.

Article 4 - Participation of third countries

This general framework for activities shall be open to the participation of:

1. the candidate countries of central and eastern Europe (CEECs), in accordance with the conditions established in the Europe Agreements, in the additional protocols thereto and in the decisions of the respective Association Councils;

2. Cyprus, Malta and Turkey, on the basis of bilateral agreements to be concluded with these countries; and

3. other countries, when agreements and procedures so allow.

Article 5 - Specific projects

1. The specific projects referred to in Article 3(2) shall consist of one or more of the following:

(a) training;

(b) exchanges and work experience placements;

(c) studies and research;

(d) meetings and seminars;

(e) dissemination of information.

2. Projects may be submitted by institutions and public or private organisations, including professional organisations, research institutes and legal and judicial training/further training institutes for legal practitioners.

"Legal practitioners" means, inter alia, judges, prosecutors, advocates, solicitors, academic and scientific personnel, ministry officials, court officers, bailiffs, court interpreters and other professionals associated with the judiciary in the area of civil law.

3. To be eligible for co-financing, the projects must involve at least three countries participating in this general framework for activities.

Projects may also associate practitioners from Denmark, from the candidate countries where this would contribute to their preparation for accession, or from other third countries not participating in this framework for activities where this serves the aims of the projects.

Article 6 - Activities of non-governmental organisations

Financial support for the actions referred to in Article 3(3) may be granted to support activities included in the annual activity programmes of non-governmental organisations which meet the following criteria:

1. they must be non-profit-making organisations;

2. they must be constituted in accordance with the law of one of the Member States;

3. they must pursue activities with a European dimension and involve, as a general rule, at least half of the Member States;

4. the aims of their activities must include one or more of the objectives laid down in Article 2.

CHAPTER II - FINANCING, IMPLEMENTATION AND PROCEDURES

Article 7 - Financing

1. The co-financing of activities under this general framework shall be exclusive of any other financing by another programme financed by the general budget of the European Union.

2. The actions referred to in Article 3(1), on the one hand, and Article 3(2) and (3), on the other hand, shall receive an equitable share of the annual amount.

3. The proportion of financial support from the general budget of the European Union may not, in principle, exceed 60 % of the costs for actions referred to in Article 3(2) or (3). However, under exceptional circumstances, financial support may amount to 80 %.

Article 8 - Implementation

1. The Commission shall publish each year, if possible before 30 June, an annual work programme:

(a) setting out the priorities in terms of objectives and types of activities for the following year;

(b) giving a description of the actions referred to in Article 3(1), which the Commission intends to take; and

(c) including a description of the selection and award criteria and the procedures for submission and approval of proposals for actions referred to in Article 3(2) and (3).

2. The Commission shall adopt the annual work programme in accordance with the procedure referred to in Article 13(2).

3. The Commission shall pay particular attention to the following criteria when evaluating and selecting proposals:

(a) ability to contribute to the objectives in Article 2;

(b) problem-solving orientation;

(c) European dimension;

(d) measures planned to ensure dissemination of results;

(e) complementarity with other past, present or future activities; and

(f) size of the action, in particular in terms of economies of scale and cost-effectiveness.

4. The Commission shall examine each of the draft actions submitted to it, as referred to in Article 3(2) and (3). Decisions relating to these actions shall be adopted in accordance with the procedure referred to in Article 12(2).

Article 9 - Financing decisions

1. The Commission's financing decisions under Article 3(2) and (3) shall be followed by grant agreements between the Commission and the beneficiaries.

2. The financing decisions and grant agreements arising therefrom shall be subject to financial control by the Commission and to audits by the Court of Auditors.

Article 10 - Monitoring

1. The Commission shall ensure the regular monitoring and supervision of the implementation of the actions financed by the Community. Monitoring and supervision shall be done on the basis of reports using procedures agreed between the Commission and the beneficiary. These may include checks in situ by means of sampling.

2. Beneficiaries shall submit a report to the Commission for each action within three months of its completion. The Commission shall determine the form of this report, including the type of information that must be included in it.

3. Beneficiaries of financial support shall keep at the Commission's disposal all the documentary evidence of expenditure for a period of five years from the last payment concerning an action.

Article 11 - Dissemination of information

1. The Commission shall ensure the yearly publication of a list of the beneficiaries and of the activities financed under this general framework, including an indication of the amount of the support.

2. Where projects financed under Article 3(2) do not provide for dissemination of results and where this would contribute to one of the objectives in Article 2, measures may be taken by the Commission.

3. At the beginning of each year, the Commission shall provide the Article 12 Committee with information on the activities undertaken under Article 3(1) in the previous year.

Article 12 - Committee

1. The Commission shall be assisted by a Committee (the 'Article 12 Committee').

2. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply.

3. The Committee shall adopt its rules of procedure.

Article 13 - Management Committee

1. The Commission shall be assisted by a Committee (the 'Article 13 Committee').

2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.

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

3. The Committee shall adopt its rules of procedure.

Article 14 - Sanctions

1. Sanctions shall be regulated in grant agreements in accordance with this Regulation.

2. The Commission may terminate a grant agreement concluded under the general framework if it detects irregularities, or if obligations under the grant agreement are not met.

If irregularities are detected or if obligations under a grant agreement are not met, the Commission may suspend payment of the balance of the financial support. The Commission shall ask the beneficiary to explain or rectify the situation within a reasonable period set by the Commission.

If the reply is not satisfactory or if the situation is not rectified, the Commission may terminate the grant agreement and ask for the sums already disbursed to be refunded, with payment of default interest.

3. If some of the obligations under the agreement are not met, the Commission may reduce the balance of financial support and ask for part of any sum already disbursed to be refunded, with payment of default interest.

Article 15 - Reporting and evaluation

1. The Commission shall report to the European Parliament and to the Council by 30 June 2004 at the latest on the implementation of this general framework, including the results of the control, the reports and the monitoring of the activities.

2. The Commission shall submit to the European Parliament and the Council an evaluation report on this general framework to be available in time for a possible renewal of the general framework or by 31 December 2005 at the latest. This report will include an evaluation of cost-effectiveness and an assessment, based on performance indicators, of whether the objectives have been achieved.

Article 16 - Entry into force

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.


This Regulation shall be binding in its entirety and directly applicable in the Member States, in accordance with the Treaty establishing the European Community.