EUR-Lex - 32004R0805 - EN Avis juridique important | 32004R0805 Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims Official Journal L 143 , 30/04/2004 P. 0015 - 0039 Regulation (EC) No 805/2004 of the European Parliament and of the Councilof 21 April 2004creating a European Enforcement Order for uncontested claimsTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 61(c) and the second indent of Article 67(5) thereof,Having regard to the proposal from the Commission(1),Having regard to the Opinion of the European Economic and Social Committee(2),Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),Whereas:(1) The Community has set itself the objective of maintaining and developing an area of freedom, security and justice, in which the free movement of persons is ensured. To this end, the Community is to adopt, inter alia, measures in the field of judicial cooperation in civil matters that are necessary for the proper functioning of the internal market.(2) On 3 December 1998, the Council adopted an Action Plan of the Council and the Commission on how best to implement the provisions of the Treaty of Amsterdam on an area of freedom, security and justice(4) (the Vienna Action Plan).(3) The European Council meeting in Tampere on 15 and 16 October 1999 endorsed the principle of mutual recognition of judicial decisions as the cornerstone for the creation of a genuine judicial area.(4) On 30 November 2000, the Council adopted a programme of measures for implementation of the principle of mutual recognition of decisions in civil and commercial matters(5). This programme includes in its first stage the abolition of exequatur, that is to say, the creation of a European Enforcement Order for uncontested claims.(5) The concept of "uncontested claims" should cover all situations in which a creditor, given the verified absence of any dispute by the debtor as to the nature or extent of a pecuniary claim, has obtained either a court decision against that debtor or an enforceable document that requires the debtor's express consent, be it a court settlement or an authentic instrument.(6) The absence of objections from the debtor as stipulated in Article 3(1)(b) can take the shape of default of appearance at a court hearing or of failure to comply with an invitation by the court to give written notice of an intention to defend the case.(7) This Regulation should apply to judgments, court settlements and authentic instruments on uncontested claims and to decisions delivered following challenges to judgments, court settlements and authentic instruments certified as European Enforcement Orders.(8) In its Tampere conclusions, the European Council considered that access to enforcement in a Member State other than that in which the judgment has been given should be accelerated and simplified by dispensing with any intermediate measures to be taken prior to enforcement in the Member State in which enforcement is sought. A judgment that has been certified as a European Enforcement Order by the court of origin should, for enforcement purposes, be treated as if it had been delivered in the Member State in which enforcement is sought. In the United Kingdom, for example, the registration of a certified foreign judgment will therefore follow the same rules as the registration of a judgment from another part of the United Kingdom and is not to imply a review as to the substance of the foreign judgment. Arrangements for the enforcement of judgments should continue to be governed by national law.(9) Such a procedure should offer significant advantages as compared with the exequatur procedure provided for in Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters(6), in that there is no need for approval by the judiciary in a second Member State with the delays and expenses that this entails.(10) Where a court in a Member State has given judgment on an uncontested claim in the absence of participation of the debtor in the proceedings, the abolition of any checks in the Member State of enforcement is inextricably linked to and dependent upon the existence of a sufficient guarantee of observance of the rights of the defence.(11) This Regulation seeks to promote the fundamental rights and takes into account the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, it seeks to ensure full respect for the right to a fair trial as recognised in Article 47 of the Charter.(12) Minimum standards should be established for the proceedings leading to the judgment in order to ensure that the debtor is informed about the court action against him, the requirements for his active participation in the proceedings to contest the claim and the consequences of his non-participation in sufficient time and in such a way as to enable him to arrange for his defence.(13) Due to differences between the Member States as regards the rules of civil procedure and especially those governing the service of documents, it is necessary to lay down a specific and detailed definition of those minimum standards. In particular, any method of service that is based on a legal fiction as regards the fulfilment of those minimum standards cannot be considered sufficient for the certification of a judgment as a European Enforcement Order.(14) All the methods of service listed in Articles 13 and 14 are characterised by either full certainty (Article 13) or a very high degree of likelihood (Article 14) that the document served has reached its addressee. In the second category, a judgment should only be certified as a European Enforcement Order if the Member State of origin has an appropriate mechanism in place enabling the debtor to apply for a full review of the judgment under the conditions set out in Article 19 in those exceptional cases where, in spite of compliance with Article 14, the document has not reached the addressee.(15) Personal service on certain persons other than the debtor himself pursuant to Article 14(1)(a) and (b) should be understood to meet the requirements of those provisions only if those persons actually accepted/received the document in question.(16) Article 15 should apply to situations where the debtor cannot represent himself in court, as in the case of a legal person, and where a person to represent him is determined by law as well as situations where the debtor has authorised another person, in particular a lawyer, to represent him in the specific court proceedings at issue.(17) The courts competent for scrutinising full compliance with the minimum procedural standards should, if satisfied, issue a standardised European Enforcement Order certificate that makes that scrutiny and its result transparent.(18) Mutual trust in the administration of justice in the Member States justifies the assessment by the court of one Member State that all conditions for certification as a European Enforcement Order are fulfilled to enable a judgment to be enforced in all other Member States without judicial review of the proper application of the minimum procedural standards in the Member State where the judgment is to be enforced.(19) This Regulation does not imply an obligation for the Member States to adapt their national legislation to the minimum procedural standards set out herein. It provides an incentive to that end by making available a more efficient and rapid enforceability of judgments in other Member States only if those minimum standards are met.(20) Application for certification as a European Enforcement Order for uncontested claims should be optional for the creditor, who may instead choose the system of recognition and enforcement under Regulation (EC) No 44/2001 or other Community instruments.(21) When a document has to be sent from one Member State to another for service there, this Regulation and in particular the rules on service set out herein should apply together with Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters(7), and in particular Article 14 thereof in conjunction with Member States declarations made under Article 23 thereof.(22) Since the objectives of the proposed action cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.(23) 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(8).(24) 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, the United Kingdom and Ireland have notified their wish to take part in the adoption and application of this Regulation.(25) 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, Denmark does not take part in the adoption of this Regulation, and is therefore not bound by it or subject to its application.(26) Pursuant to the second indent of Article 67(5) of the Treaty, the codecision procedure is applicable from 1 February 2003 for the measures laid down in this Regulation,HAVE ADOPTED THIS REGULATION:CHAPTER ISUBJECT MATTER, SCOPE AND DEFINITIONSArticle 1Subject matterThe purpose of this Regulation is to create a European Enforcement Order for uncontested claims to permit, by laying down minimum standards, the free circulation of judgments, court settlements and authentic instruments throughout all Member States without any intermediate proceedings needing to be brought in the Member State of enforcement prior to recognition and enforcement.Article 2Scope1. This Regulation shall apply in civil and commercial matters, whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters or the liability of the State for acts and omissions in the exercise of State authority ("acta iure imperii").2. This Regulation shall not apply to:(a) the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills and succession;(b) bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings;(c) social security;(d) arbitration.3. In this Regulation, the term "Member State" shall mean Member States with the exception of Denmark.Article 3Enforcement titles to be certified as a European Enforcement Order1. This Regulation shall apply to judgments, court settlements and authentic instruments on uncontested claims.A claim shall be regarded as uncontested if:(a) the debtor has expressly agreed to it by admission or by means of a settlement which has been approved by a court or concluded before a court in the course of proceedings; or(b) the debtor has never objected to it, in compliance with the relevant procedural requirements under the law of the Member State of origin, in the course of the court proceedings; or(c) the debtor has not appeared or been represented at a court hearing regarding that claim after having initially objected to the claim in the course of the court proceedings, provided that such conduct amounts to a tacit admission of the claim or of the facts alleged by the creditor under the law of the Member State of origin; or(d) the debtor has expressly agreed to it in an authentic instrument.2. This Regulation shall also apply to decisions delivered following challenges to judgments, court settlements or authentic instruments certified as European Enforcement Orders.Article 4DefinitionsFor the purposes of this Regulation, the following definitions shall apply:1. "judgment": any judgment given by a court or tribunal of a Member State, whatever the judgment may be called, including a decree, order, decision or writ of execution, as well as the determination of costs or expenses by an officer of the court;2. "claim": a claim for payment of a specific sum of money that has fallen due or for which the due date is indicated in the judgment, court settlement or authentic instrument;3. "authentic instrument":(a) a document which has been formally drawn up or registered as an authentic instrument, and the authenticity of which:(i) relates to the signature and the content of the instrument; and(ii) has been established by a public authority or other authority empowered for that purpose by the Member State in which it originates;orb) an arrangement relating to maintenance obligations concluded with administrative authorities or authenticated by them;4. "Member State of origin": the Member State in which the judgment has been given, the court settlement has been approved or concluded or the authentic instrument has been drawn up or registered, and is to be certified as a European Enforcement Order;5. "Member State of enforcement": the Member State in which enforcement of the judgment, court settlement or authentic instrument certified as a European Enforcement Order is sought;6. "court of origin": the court or tribunal seised of the proceedings at the time of fulfilment of the conditions set out in Article 3(1)(a), (b) or (c);7. in Sweden, in summary proceedings concerning orders to pay (betalningsföreläggande), the expression "court" includes the Swedish enforcement service (kronofogdemyndighet).CHAPTER IIEUROPEAN ENFORCEMENT ORDERArticle 5Abolition of exequaturA judgment which has been certified as a European Enforcement Order in the Member State of origin shall be recognised and enforced in the other Member States without the need for a declaration of enforceability and without any possibility of opposing its recognition.Article 6Requirements for certification as a European Enforcement Order1. A judgment on an uncontested claim delivered in a Member State shall, upon application at any time to the court of origin, be certified as a European Enforcement Order if:(a) the judgment is enforceable in the Member State of origin; and(b) the judgment does not conflict with the rules on jurisdiction as laid down in sections 3 and 6 of Chapter II of Regulation (EC) No 44/2001; and(c) the court proceedings in the Member State of origin met the requirements as set out in Chapter III where a claim is uncontested within the meaning of Article 3(1)(b) or (c); and(d) the judgment was given in the Member State of the debtor's domicile within the meaning of Article 59 of Regulation (EC) No 44/2001, in cases where- a claim is uncontested within the meaning of Article 3(1)(b) or (c); and- it relates to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession; and- the debtor is the consumer.2. Where a judgment certified as a European Enforcement Order has ceased to be enforceable or its enforceability has been suspended or limited, a certificate indicating the lack or limitation of enforceability shall, upon application at any time to the court of origin, be issued, using the standard form in Annex IV.3. Without prejudice to Article 12(2), where a decision has been delivered following a challenge to a judgment certified as a European Enforcement Order in accordance with paragraph 1 of this Article, a replacement certificate shall, upon application at any time, be issued, using the standard form in Annex V, if that decision on the challenge is enforceable in the Member State of origin.Article 7Costs related to court proceedingsWhere a judgment includes an enforceable decision on the amount of costs related to the court proceedings, including the interest rates, it shall be certified as a European Enforcement Order also with regard to the costs unless the debtor has specifically objected to his obligation to bear such costs in the course of the court proceedings, in accordance with the law of the Member State of origin.Article 8Partial European Enforcement Order certificateIf only parts of the judgment meet the requirements of this Regulation, a partial European Enforcement Order certificate shall be issued for those parts.Article 9Issue of the European Enforcement Order certificate1. The European Enforcement Order certificate shall be issued using the standard form in Annex I.2. The European Enforcement Order certificate shall be issued in the language of the judgment.Article 10Rectification or withdrawal of the European Enforcement Order certificate1. The European Enforcement Order certificate shall, upon application to the court of origin, be(a) rectified where, due to a material error, there is a discrepancy between the judgment and the certificate;(b) withdrawn where it was clearly wrongly granted, having regard to the requirements laid down in this Regulation.2. The law of the Member State of origin shall apply to the rectification or withdrawal of the European Enforcement Order certificate.3. An application for the rectification or withdrawal of a European Enforcement Order certificate may be made using the standard form in Annex VI.4. No appeal shall lie against the issuing of a European Enforcement Order certificate.Article 11Effect of the European Enforcement Order certificateThe European Enforcement Order certificate shall take effect only within the limits of the enforceability of the judgment.CHAPTER IIIMINIMUM STANDARDS FOR UNCONTESTED CLAIMS PROCEDURESArticle 12Scope of application of minimum standards1. A judgment on a claim that is uncontested within the meaning of Article 3(1)(b) or (c) can be certified as a European Enforcement Order only if the court proceedings in the Member State of origin met the procedural requirements as set out in this Chapter.2. The same requirements shall apply to the issuing of a European Enforcement Order certificate or a replacement certificate within the meaning of Article 6(3) for a decision following a challenge to a judgment where, at the time of that decision, the conditions of Article 3(1)(b) or (c) are fulfilled.Article 13Service with proof of receipt by the debtor1. The document instituting the proceedings or an equivalent document may have been served on the debtor by one of the following methods:(a) personal service attested by an acknowledgement of receipt, including the date of receipt, which is signed by the debtor;(b) personal service attested by a document signed by the competent person who effected the service stating that the debtor has received the document or refused to receive it without any legal justification, and the date of the service;(c) postal service attested by an acknowledgement of receipt including the date of receipt, which is signed and returned by the debtor;(d) service by electronic means such as fax or e-mail, attested by an acknowledgement of receipt including the date of receipt, which is signed and returned by the debtor.2. Any summons to a court hearing may have been served on the debtor in compliance with paragraph 1 or orally in a previous court hearing on the same claim and stated in the minutes of that previous court hearing.Article 14Service without proof of receipt by the debtor1. Service of the document instituting the proceedings or an equivalent document and any summons to a court hearing on the debtor may also have been effected by one of the following methods:(a) personal service at the debtor's personal address on persons who are living in the same household as the debtor or are employed there;(b) in the case of a self-employed debtor or a legal person, personal service at the debtor's business premises on persons who are employed by the debtor;(c) deposit of the document in the debtor's mailbox;(d) deposit of the document at a post office or with competent public authorities and the placing in the debtor's mailbox of written notification of that deposit, provided that the written notification clearly states the character of the document as a court document or the legal effect of the notification as effecting service and setting in motion the running of time for the purposes of time limits;(e) postal service without proof pursuant to paragraph 3 where the debtor has his address in the Member State of origin;(f) electronic means attested by an automatic confirmation of delivery, provided that the debtor has expressly accepted this method of service in advance.2. For the purposes of this Regulation, service under paragraph 1 is not admissible if the debtor's address is not known with certainty.3. Service pursuant to paragraph 1, (a) to (d), shall be attested by:(a) a document signed by the competent person who effected the service, indicating:(i) the method of service used; and(ii) the date of service; and(iii) where the document has been served on a person other than the debtor, the name of that person and his relation to the debtor,orb) an acknowledgement of receipt by the person served, for the purposes of paragraphs 1(a) and (b).Article 15Service on the debtor's representativesService pursuant to Articles 13 or 14 may also have been effected on a debtor's representative.Article 16Provision to the debtor of due information about the claimIn order to ensure that the debtor was provided with due information about the claim, the document instituting the proceedings or the equivalent document must have contained the following:(a) the names and the addresses of the parties;(b) the amount of the claim;(c) if interest on the claim is sought, the interest rate and the period for which interest is sought unless statutory interest is automatically added to the principal under the law of the Member State of origin;(d) a statement of the reason for the claim.Article 17Provision to the debtor of due information about the procedural steps necessary to contest the claimThe following must have been clearly stated in or together with the document instituting the proceedings, the equivalent document or any summons to a court hearing:(a) the procedural requirements for contesting the claim, including the time limit for contesting the claim in writing or the time for the court hearing, as applicable, the name and the address of the institution to which to respond or before which to appear, as applicable, and whether it is mandatory to be represented by a lawyer;(b) the consequences of an absence of objection or default of appearance, in particular, where applicable, the possibility that a judgment may be given or enforced against the debtor and the liability for costs related to the court proceedings.Article 18Cure of non-compliance with minimum standards1. If the proceedings in the Member State of origin did not meet the procedural requirements as set out in Articles 13 to 17, such non-compliance shall be cured and a judgment may be certified as a European Enforcement Order if:(a) the judgment has been served on the debtor in compliance with the requirements pursuant to Article 13 or Article 14; and(b) it was possible for the debtor to challenge the judgment by means of a full review and the debtor has been duly informed in or together with the judgment about the procedural requirements for such a challenge, including the name and address of the institution with which it must be lodged and, where applicable, the time limit for so doing; and(c) the debtor has failed to challenge the judgment in compliance with the relevant procedural requirements.2. If the proceedings in the Member State of origin did not comply with the procedural requirements as set out in Article 13 or Article 14, such non-compliance shall be cured if it is proved by the conduct of the debtor in the court proceedings that he has personally received the document to be served in sufficient time to arrange for his defence.Article 19Minimum standards for review in exceptional cases1. Further to Articles 13 to 18, a judgment can only be certified as a European Enforcement Order if the debtor is entitled, under the law of the Member State of origin, to apply for a review of the judgment where:(a) (i) the document instituting the proceedings or an equivalent document or, where applicable, the summons to a court hearing, was served by one of the methods provided for in Article 14; and(ii) service was not effected in sufficient time to enable him to arrange for his defence, without any fault on his part;or(b) the debtor was prevented from objecting to the claim by reason of force majeure, or due to extraordinary circumstances without any fault on his part,provided in either case that he acts promptly.2. This Article is without prejudice to the possibility for Member States to grant access to a review of the judgment under more generous conditions than those mentioned in paragraph 1.CHAPTER IVENFORCEMENTArticle 20Enforcement procedure1. Without prejudice to the provisions of this Chapter, the enforcement procedures shall be governed by the law of the Member State of enforcement.A judgment certified as a European Enforcement Order shall be enforced under the same conditions as a judgment handed down in the Member State of enforcement.2. The creditor shall be required to provide the competent enforcement authorities of the Member State of enforcement with:(a) a copy of the judgment which satisfies the conditions necessary to establish its authenticity; and(b) a copy of the European Enforcement Order certificate which satisfies the conditions necessary to establish its authenticity; and(c) where necessary, a transcription of the European Enforcement Order certificate or a translation thereof into the official language of the Member State of enforcement or, if there are several official languages in that Member State, the official language or one of the official languages of court proceedings of the place where enforcement is sought, in conformity with the law of that Member State, or into another language that the Member State of enforcement has indicated it can accept. Each Member State may indicate the official language or languages of the institutions of the European Community other than its own which it can accept for the completion of the certificate. The translation shall be certified by a person qualified to do so in one of the Member States.3. No security, bond or deposit, however described, shall be required of a party who in one Member State applies for enforcement of a judgment certified as a European Enforcement Order in another Member State on the ground that he is a foreign national or that he is not domiciled or resident in the Member State of enforcement.Article 21Refusal of enforcement1. Enforcement shall, upon application by the debtor, be refused by the competent court in the Member State of enforcement if the judgment certified as a European Enforcement Order is irreconcilable with an earlier judgment given in any Member State or in a third country, provided that:(a) the earlier judgment involved the same cause of action and was between the same parties; and(b) the earlier judgment was given in the Member State of enforcement or fulfils the conditions necessary for its recognition in the Member State of enforcement; and(c) the irreconcilability was not and could not have been raised as an objection in the court proceedings in the Member State of origin.2. Under no circumstances may the judgment or its certification as a European Enforcement Order be reviewed as to their substance in the Member State of enforcement.Article 22Agreements with third countriesThis Regulation shall not affect agreements by which Member States undertook, prior to the entry into force of Regulation (EC) No 44/2001, pursuant to Article 59 of the Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, not to recognise judgments given, in particular in other Contracting States to that Convention, against defendants domiciled or habitually resident in a third country where, in cases provided for in Article 4 of that Convention, the judgment could only be founded on a ground of jurisdiction specified in the second paragraph of Article 3 of that Convention.Article 23Stay or limitation of enforcementWhere the debtor has- challenged a judgment certified as a European Enforcement Order, including an application for review within the meaning of Article 19, or- applied for the rectification or withdrawal of a European Enforcement Order certificate in accordance with Article 10,the competent court or authority in the Member State of enforcement may, upon application by the debtor:(a) limit the enforcement proceedings to protective measures; or(b) make enforcement conditional on the provision of such security as it shall determine; or(c) under exceptional circumstances, stay the enforcement proceedings.CHAPTER VCOURT SETTLEMENTS AND AUTHENTIC INSTRUMENTSArticle 24Court settlements1. A settlement concerning a claim within the meaning of Article 4(2) which has been approved by a court or concluded before a court in the course of proceedings and is enforceable in the Member State in which it was approved or concluded shall, upon application to the court that approved it or before which it was concluded, be certified as a European Enforcement Order using the standard form in Annex II.2. A settlement which has been certified as a European Enforcement Order in the Member State of origin shall be enforced in the other Member States without the need for a declaration of enforceability and without any possibility of opposing its enforceability.3. The provisions of Chapter II, with the exception of Articles 5, 6(1) and 9(1), and of Chapter IV, with the exception of Articles 21(1) and 22, shall apply as appropriate.Article 25Authentic instruments1. An authentic instrument concerning a claim within the meaning of Article 4(2) which is enforceable in one Member State shall, upon application to the authority designated by the Member State of origin, be certified as a European Enforcement Order, using the standard form in Annex III.2. An authentic instrument which has been certified as a European Enforcement Order in the Member State of origin shall be enforced in the other Member States without the need for a declaration of enforceability and without any possibility of opposing its enforceability.3. The provisions of Chapter II, with the exception of Articles 5, 6(1) and 9(1), and of Chapter IV, with the exception of Articles 21(1) and 22, shall apply as appropriate.CHAPTER VITRANSITIONAL PROVISIONArticle 26Transitional provisionThis Regulation shall apply only to judgments given, to court settlements approved or concluded and to documents formally drawn up or registered as authentic instruments after the entry into force of this Regulation.CHAPTER VIIRELATIONSHIP WITH OTHER COMMUNITY INSTRUMENTSArticle 27Relationship with Regulation (EC) No 44/2001This Regulation shall not affect the possibility of seeking recognition and enforcement, in accordance with Regulation (EC) No 44/2001, of a judgment, a court settlement or an authentic instrument on an uncontested claim.Article 28Relationship with Regulation (EC) No 1348/2000This Regulation shall not affect the application of Regulation (EC) No 1348/2000.CHAPTER VIIIGENERAL AND FINAL PROVISIONSArticle 29Information on enforcement procedures and authoritiesThe Member States shall cooperate to provide the general public and professional circles with information on:(a) the methods and procedures of enforcement in the Member States; and(b) the competent authorities for enforcement in the Member States,in particular via the European Judicial Network in civil and commercial matters established in accordance with Decision 2001/470/EC(9).Article 30Information relating to redress procedures, languages and authorities1. The Member States shall notify the Commission of:(a) the procedures for rectification and withdrawal referred to in Article 10(2) and for review referred to in Article 19(1);(b) the languages accepted pursuant to Article 20(2)(c);(c) the lists of the authorities referred to in Article 25;and any subsequent changes thereof.2. The Commission shall make the information notified in accordance with paragraph 1 publicly available through publication in the Official Journal of the European Union and through any other appropriate means.Article 31Amendments to the AnnexesAny amendment to the standard forms in the Annexes shall be adopted in accordance with the advisory procedure referred to in Article 32(2).Article 32Committee1. The Commission shall be assisted by the committee provided for by Article 75 of Regulation (EC) No 44/2001.2. 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.3. The Committee shall adopt its Rules of Procedure.Article 33Entry into forceThis Regulation shall enter into force on 21 January 2004.It shall apply from 21 October 2005, with the exception of Articles 30, 31 and 32, which shall apply from 21 January 2005.This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.Done at Strasbourg, 21 April 2004.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentD. Roche(1) OJ C 203 E, 27.8.2002, p. 86.(2) OJ C 85, 8.4.2003, p. 1.(3) Opinion of the European Parliament of 8 April 2003 (OJ C 64 E, 12.3.2004, p. 79), Council Common Position of 6.2.2004 (not yet published in the Official Journal) and Position of the European Parliament of 30.3.2004 (not yet published in the Official Journal).(4) OJ C 19, 23.1.1999, p. 1.(5) OJ C 12, 15.1.2001, p. 1.(6) OJ L 12, 16.1.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 1496/2002 (OJ L 225, 22.8.2002, p. 13).(7) OJ L 160, 30.6.2000, p. 37.(8) OJ L 184, 17.7.1999, p. 23.(9) OJ L 174, 27.6.2001, p. 25.ANNEX IEUROPEAN ENFORCEMENT ORDER CERTIFICATE - JUDGMENT>PIC FILE= "L_2004143EN.002502.TIF">>PIC FILE= "L_2004143EN.002601.TIF">>PIC FILE= "L_2004143EN.002701.TIF">ANNEX IIEUROPEAN ENFORCEMENT ORDER CERTIFICATE - COURT SETTLEMENT>PIC FILE= "L_2004143EN.002802.TIF">>PIC FILE= "L_2004143EN.002901.TIF">ANNEX IIIEUROPEAN ENFORCEMENT ORDER CERTIFICATE - AUTHENTIC INSTRUMENT>PIC FILE= "L_2004143EN.003002.TIF">>PIC FILE= "L_2004143EN.003101.TIF">ANNEX IVCERTIFICATE OF LACK OR LIMITATION OF ENFORCEABILITY (Article 6(2))>PIC FILE= "L_2004143EN.003202.TIF">>PIC FILE= "L_2004143EN.003301.TIF">ANNEX VEUROPEAN ENFORCEMENT ORDER REPLACEMENT CERTIFICATE FOLLOWING A CHALLENGE (Article 6(3))>PIC FILE= "L_2004143EN.003402.TIF">>PIC FILE= "L_2004143EN.003501.TIF">>PIC FILE= "L_2004143EN.003601.TIF">>PIC FILE= "L_2004143EN.003701.TIF">ANNEX VIAPPLICATION FOR RECTIFICATION OR WITHDRAWAL OF THE EUROPEAN ENFORCEMENT ORDER CERTIFICATE (Article 10(3))>PIC FILE= "L_2004143EN.003802.TIF">>PIC FILE= "L_2004143EN.003901.TIF">

Summary: Uncontested claims – European enforcement order Uncontested claims – European enforcement order SUMMARY OF: Regulation (EC) No 805/2004 – creating a European Enforcement Order for uncontested claims WHAT IS THE AIM OF THE REGULATION? It creates a European enforcement order for claims which are uncontested by debtors. By means of the enforcement order, judgments, court settlements and authentic instruments on uncontested claims can be recognised and enforced automatically in another EU country, without any intermediate proceedings. KEY POINTS Scope The regulation applies in civil and commercial matters. It does not, in particular, cover revenue, customs or administrative matters. It is applicable in all EU countries with the exception of Denmark. A claim is regarded as uncontested if: the debtor has expressly agreed to it by admission or by means of a settlement which has been approved by a court or concluded before a court in the course of proceedings; or the debtor has never objected to it in the course of the court proceedings; or the debtor has not appeared or been represented at a court hearing regarding that claim after having initially objected to the claim in the course of the court proceedings; or the debtor has expressly agreed to it in an authentic instrument. European enforcement order A judgment on an uncontested claim is certified as a European enforcement order by the EU country which delivered the judgment (state of origin). Certification is carried out by means of the standard form. This may apply to only parts of the judgment, in which case the order will be known as a ‘partial European enforcement order’. Minimum standards In order for a judgment on an uncontested claim to be certified as a European Enforcement Order, the court proceedings in the EU country of origin must meet certain procedural requirements. Therefore, only the document service methods listed in the regulation are allowed if the judgment is to be certified as a European enforcement order. Furthermore, the document instituting proceedings must give details of: the claim (personal details of parties, amount of the claim, whether or not interest is incurred and for what period, etc.); the procedural arrangements required for contesting the claim (deadline for contesting the claim, consequences of failing to object, etc.). Lastly, the EU country of origin must provide for the right to a review of the judgment in exceptional cases. Enforcement The law to be applied to the enforcement procedure is that of the EU country where enforcement of the judgment is requested (state of enforcement). The creditor must supply the authorities responsible for enforcement with: a copy of the judgment; a copy of the European enforcement order certificate; where necessary, a transcription of the European enforcement order certificate or a translation thereof into the official language of the EU country of enforcement or into another language accepted by the EU country of enforcement. No security, bond or deposit can be required of creditors on the ground either that they are foreign nationals or are not domiciled or resident in the EU country of enforcement. The competent court in the enforcing EU country may, subject to certain conditions, refuse to enforce a judgment if it is irreconcilable with an earlier judgment given in any EU country or in a non-EU country. In certain cases, it can also stay or limit enforcement. Final and general provisions In order to facilitate access to enforcement procedures, EU countries undertake to provide the general public and professional circles with relevant information within the framework of the European Judicial Network in civil and commercial matters. Creditors remain free to seek recognition and enforcement of a judgment under Regulation (EU) No 1215/2012. Moreover, this regulation does not prejudice the application of Regulation (EC) No 1393/2007 on the service of judicial and extrajudicial documents. FROM WHEN DOES THE REGULATION APPLY? It has applied since 21 October 2005. BACKGROUND For more information, see: Recognition and enforcement of judgments on the European Commission's website. MAIN DOCUMENT Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims (OJ L 143, 30.4.2004, pp. 15–39) Successive amendments to Regulation (EC) No 805/2004 have been incorporated in the original text. This consolidated version is of documentary value only. last update 28.06.2016


21.1.2005 EN Official Journal of the European Union L 19/73 COMMISSION DECISION of 29 October 2004 establishing the European Technical and Scientific Centre (ETSC) and providing for coordination of technical actions to protect euro coins against counterfeiting (2005/37/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Article 211 thereof, Having regard to Council Decision 2003/861/EC of 8 December 2003 concerning analysis and cooperation with regard to counterfeit euro coins (1) and Council Decision 2003/862/EC of 8 December 2003 extending the effects of Decision 2003/861/EC concerning analysis and cooperation with regard to counterfeit euro coins to those Member States which have not adopted the euro as their single currency (2), Whereas: (1) Council Regulation (EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting (3), and in particular Article 5 thereof, provides for the analysis and classification of counterfeit coins by the Coin National Analysis Centre (CNAC) in each of the EU Member States and by the European Technical and Scientific Centre (ETSC). Council Regulation (EC) No 1339/2001 (4) extends the effects of Articles 1 to 11 of Regulation (EC) No 1338/2001 to the Member States which have not adopted the euro as the single currency. (2) Since October 2001, the ETSC has been carrying out its tasks on a temporary basis at the French Mint with administrative support and management provided by the Commission, in line with an exchange of letters between the President of the Council and the French Finance Minister of 28 February and 9 June 2000. (3) The ETSC contributes to the fulfilment of the objectives of the ‘Pericles’ programme pursuant to Council Decision 2001/923/EC of 17 December 2001 establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (5) and Council Decision 2001/924/EC of 17 December 2001 extending the effects of the Decision establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (Pericles programme) to the Member States which have not adopted the euro as the single currency (6). (4) Article 1 of Decision 2003/861/EC provides that the Commission shall establish the ETSC and ensure its functioning and the coordination of the activities of the competent technical authorities to protect euro coins against counterfeiting. Article 1 of Decision 2003/862/EC extends Decision 2003/861/EC to the Member States which have not adopted the euro as the single currency. (5) The French authorities have taken the commitment, through a letter from the French Finance Minister, dated 6 September 2004, to maintain the current sharing of the relevant costs. An exchange of letters between the Member of the Commission responsible for the fight against fraud and the French Finance Minister, regarding the establishment of the ETSC on a permanent basis for the analysis and classification of counterfeit euro coins, will reiterate the principles that emerged from the ETSC’s activities during the period it was temporarily hosted at the French Mint, based on the exchange of letters between the Council Presidency and the French Finance Minister on 28 February and 9 June 2000. (6) The Economic and Financial Committee (EFC), the European Central Bank, Europol and the competent national authorities should be informed regularly of the activities of the ETSC and of the situation regarding euro coin counterfeiting. (7) Therefore, the ETSC should be established within the Commission in Brussels, attached to the European Anti-Fraud Office (OLAF). (8) The coordination by the Commission of the measures taken by the competent technical authorities to protect euro coins against counterfeiting includes methods for analysing counterfeit euro coins, the study of new cases of coin counterfeiting and assessment of the consequences, exchanges of information on the activities of the CNACs and the ETSC, external communication on counterfeit coins, the detection of such coins by coin processing equipment and the study of any technical problems relating to these coins. (9) This coordination requires the continued efforts, within the Advisory Committee for Coordination of the Fight against Fraud (7), of the Counterfeit Coin Experts Group, comprising the experts in charge of the CNAC and ETSC, which the Commission manages and chairs, while providing periodic information to the EFC. (10) In order to act on Decisions 2003/861/EC and 2003/862/EC, DECIDES: Article 1 The European Technical and Scientific Centre (ETSC) is established within the Commission in Brussels, attached to OLAF. Article 2 The ETSC shall analyse and classify every new type of counterfeit euro coin in line with the provisions of Article 5 of Regulation (EC) 1338/2001. It contributes to the fulfilment of the objectives of the Pericles programme pursuant to Article 4 of Decision 2001/923/EC. It assists the Coin National Analysis Centres (CNAC) and the law-enforcement authorities and collaborates with the relevant authorities in the analysis of counterfeit euro coins and the strengthening of protection. Article 3 The principles on which the organisation of the ETSC will be based are the following: — The Commission may second members of its personnel to the French Mint in order to use its facilities for the analysis of coins. — In accomplishing its functions, the ETSC will be able to use the personnel and equipment of the French Coin National Analysis Centre and the laboratory of the French Mint in Pessac. The French authorities will place the appropriate personnel and equipment at the disposal of the ETSC as a priority. — Under the applicable financial regulations, the part of the expenses attributable to the work carried out by the ETSC will be charged to the general budget of the European Communities. Since France will provide the abovementioned personnel, premises and equipment and will be responsible for their maintenance, the Community budget will meet the salaries of the personnel recruited by the Commission, travelling expenses and sundry minor current expenditure. OLAF shall define, in cooperation with the French Mint, the rules and administrative modalities applicable to the ETSC. Article 4 The Commission shall coordinate the necessary actions to protect euro coins against counterfeiting through periodic meetings of counterfeit coin experts. The Economic and Financial Committee, the European Central Bank, Europol and the competent national authorities shall be kept regularly informed of the ETSC’s activities and of the situation as regards coin counterfeiting. Done at Brussels, 29 October 2004. For the Commission Michaele SCHREYER Member of the Commission (1) OJ L 325, 12.12.2003, p. 44. (2) OJ L 325, 12.12.2003, p. 45. (3) OJ L 181, 4.7.2001, p. 6. (4) OJ L 181, 4.7.2001, p. 11. (5) OJ L 339, 21.12.2001, p. 50. (6) OJ L 339, 21.12.2001, p. 55. (7) Commission Decision 94/140/EC (OJ L 61, 4.3.1994, p. 27).

Summary: Protecting the euro against counterfeiting — European Technical and Scientific Centre Protecting the euro against counterfeiting — European Technical and Scientific Centre SUMMARY OF: Decision 2005/37/EC establishing the European Technical and Scientific Centre (ETSC) and the coordination of actions to protect euro coins against counterfeiting WHAT IS THE AIM OF THE DECISION? Decision 2005/37/EC establishes the European Technical and Scientific Centre (ETSC) within the European Commission in Brussels. Originally attached to the European Anti-Fraud Office, the amendment by Decision (EU) 2017/1507 establishes the ETSC within the Commission’s Directorate-General for Economic and Financial Affairs DG ECFIN (see summary). The role of the ETSC is to protect euro coins against counterfeiting. To this end, it analyses and classifies counterfeit euro coins and assists the national authorities of European Union (EU) Member States. KEY POINTS Tasks of the centre The ETSC: analyses and classifies every new type of counterfeit euro coin, in accordance with Regulation (EC) No 1338/2001 on the protection of the euro against counterfeiting (see summary); contributes to fulfilling the objectives of the Pericles programme; carries out certain tasks under Regulations (EU) No 1210/2010, which sets the rules for checking the authenticity of euro coins (see summary), and (EC) No 2182/2004, which concerns medals and tokens similar to euro coins (see summary); assists the coin national analysis centres and law enforcement authorities in their tasks and collaborates with the relevant authorities in analysing counterfeit euro coins and in the strengthening of the protection of the euro. For the technical and scientific analysis of counterfeit euro coins, the ETSC can use the personnel and premises that the French mint has made available, notably its laboratory. Coordination and information activities The Commission coordinates the actions of the technical authorities competent for the protection of euro coins, in particular through regular meetings of the Counterfeit Coin Experts Group. Chaired by the Commission, this group allows for the pooling of the various experiences and areas of expertise of Member States in relation to the counterfeiting of euro coins and coordination of technical actions necessary to protect the euro. The Economic and Financial Committee, the European Central Bank, the European Union Agency for Law Enforcement Cooperation and the competent national authorities are regularly kept informed of the centre’s activities and of the situation as regards coin counterfeiting. Authentication of euro coins Regulation (EU) No 1210/2010 introduces common rules and procedures within the euro area for checking the authenticity of euro coins in circulation (authentication process) and for handling and reimbursing those unfit for it. It states that the ETSC is responsible for defining, among other things: the technical specifications for testing the coin-processing machines used for verifying the authenticity of euro coins;training practices for the staff tasked with checking euro coins;the validity period of the reports on the tests;information on the list, published on the Commission’s website, of coin-processing machines that have successfully passed a detection test;guidelines for annual on-the-spot controls of cash handlers’ capacity to authenticate euro coins;rules for rectifying coin-processing machines’ non-compliance with the regulation. Decisions 2003/861/EC and 2003/862/EC provide for the establishment by the Commission of the ETSC and its operation in euro area and non-euro area Member States, respectively. FROM WHEN DOES THE DECISION APPLY? Decision 2005/37/EC has applied since 10 February 2005. Amending Decision (EU) 2017/1507 has applied since 18 September 2017. BACKGROUND For more information, see: The European Technical and Scientific Centre (ETSC) (European Commission). MAIN DOCUMENT Commission Decision 2005/37/EC of 29 October 2004 establishing the European Technical and Scientific Centre (ETSC) and providing for coordination of technical actions to protect euro coins against counterfeiting (OJ L 19, 21.1.2005, pp. 73-74) Successive amendments to Decision 2005/37/EC have been incorporated in the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Commission Decision of 19 October 2015 setting up the Counterfeit Coin Experts Group on the Commission’s policy and Regulations regarding the protection of euro coins against counterfeiting (OJ C 347, 20.10.2015, pp. 4-6) Regulation (EU) No 1210/2010 of the European Parliament and of the Council of 15 December 2010 concerning authentication of euro coins and handling of euro coins unfit for circulation (OJ L 339, 22.12.2010, pp. 1-5) Council Regulation (EC) No 2182/2004 of 6 December 2004 concerning medals and tokens similar to euro coins (OJ L 373, 21.12.2004, pp. 1-6) See consolidated version. Council Decision 2003/861/EC of 8 December 2003 concerning analysis and cooperation with regard to counterfeit euro coins (OJ L 325, 12.12.2003, p. 44) Council Decision 2003/862/EC of 8 December 2003 extending the effects of Decision 2003/861/EC concerning analysis and cooperation with regard to counterfeit euro coins to those Member States which have not adopted the euro as their single currency (OJ L 325, 12.12.2003, p. 45) Council Regulation (EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting (OJ L 181, 4.7.2001, pp. 6-10) See consolidated version. last update 28.09.2021


30.12.2004 EN Official Journal of the European Union L 389/28 COUNCIL DECISION of 22 December 2004 on tackling vehicle crime with cross-border implications (2004/919/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article 30(1)(a) and Article 34(2)(c) thereof, Having regard to the initiative of the Kingdom of the Netherlands, Having regard to the Opinion of the European Parliament, Whereas: (1) An estimated 1,2 million motor vehicles are stolen each year in the Member States of the European Union. (2) These thefts involve considerable damage amounting to at least EUR 15 billion per year. (3) A large proportion of these vehicles, estimated at 30 to 40 %, are stolen by organised crime and then converted and exported to other States within and outside the European Union. (4) Besides causing material damage, this is also seriously damaging to citizens' sense of justice and feeling of security. Vehicle crime may be accompanied by serious forms of violence. (5) Consequently, attainment of the objective in Article 29 of the Treaty, to provide citizens with a high level of safety within an area of freedom, security and justice, is hampered. (6) The Council has adopted a Resolution of 27 May 1999 on combating international crime with fuller cover of the routes used (1). (7) Vehicle crime may also be linked internationally to other forms of crime, such as trafficking in drugs, firearms and human beings. (8) Tackling vehicle crime is a matter for the law enforcement agencies of the Member States. However, a common approach involving — wherever practicable and necessary — cooperation between the Member States and law enforcement authorities of the Member States is necessary and proportional in order to address the cross-border aspects of this form of crime. (9) Cooperation between law enforcement authorities and vehicle registration authorities is of particular importance, as is the provision of information to the relevant parties. (10) Cooperation with Europol is equally important as Europol can provide analyses and reports on the matter. (11) The European Police College offers police forces in the Member States, via the European Police Learning Net (EPLN), a library function in the field of vehicle crime for consulting information and expertise. Via its discussion function, EPLN also provides the possibility of exchanging knowledge and experience. (12) The fight against vehicle crime will be intensified by an increase in the number of Member States acceding to the Treaty concerning a European Vehicle and Driving Licence Information System (EUCARIS) of 29 June 2000. (13) A number of specific measures will need to be taken if vehicle crime with an international dimension is to be combated effectively, HAS DECIDED AS FOLLOWS: Article 1 Definitions For the purposes of this Decision, the following definitions apply: 1. ‘Vehicle’ shall mean any motor vehicle, trailer or caravan as defined in the provisions relating to the Schengen Information System (SIS). 2. ‘National competent authorities’ shall mean any national authorities designated by the Member States for the purposes of this Decision, and may include, as appropriate, police, customs, border guards and judicial authorities. Article 2 Objective 1. The objective of this Decision is to achieve improved cooperation within the European Union with the aim of preventing and combating cross-border vehicle crime. 2. Particular attention shall be given to the relationship between vehicle theft and the illegal car trade and forms of organised crime, such as trafficking in drugs, firearms and human beings. Article 3 Cooperation between national competent authorities 1. Member States shall take the necessary steps, in accordance with national law, to enhance mutual cooperation between national competent authorities in order to combat cross-border vehicle crime, such as by means of cooperation agreements. 2. Specific attention shall be given to cooperation with respect to export control, taking into account respective competences in the Member States. Article 4 Cooperation between competent authorities and the private sector 1. Member States shall take the necessary steps to organise periodic consultations, as appropriate, among national competent authorities, in accordance with national law, and may involve representatives of the private sector (such as holders of private registers of missing vehicles, insurers and the car trade) in such consultations with a view to coordination of information and mutual alignment of activities in this area. 2. Member States shall facilitate procedures, in accordance with national law, for a quick repatriation of vehicles released by national competent authorities following their seizure. Article 5 Vehicle crime contact points 1. By 30 March 2005, Member States shall designate, within their law enforcement authorities, a contact point for tackling cross-border vehicle crime. 2. Member States shall authorise the contact points to exchange experience, expertise as well as general and technical information concerning vehicle crime on the basis of existing applicable legislation. Information exchange shall extend to methods and best practices of prevention of vehicle crime. Such exchanges shall not include exchanges of personal data. 3. Information concerning the designated national contact points, including subsequent changes, shall be notified to the General Secretariat of the Council for publication in the Official Journal of the European Union. Article 6 Issuing alerts for stolen vehicles and registration certificates 1. Whenever a vehicle is reported stolen, Member States' competent authorities shall immediately enter a stolen vehicle alert in the SIS, in accordance with national law, and, where possible, in Interpol's Stolen Motor Vehicle database. 2. An alert in the search register shall, in accordance with national law, be immediately withdrawn by the Member State which issued it as soon as the reason for issuing an alert on the vehicle ceases to exist. 3. Whenever registration certificates are reported stolen, Member States' competent authorities shall immediately enter an alert thereon in the SIS, in accordance with national law. Article 7 Registration 1. Each Member State shall ensure that its competent authorities shall take the necessary steps to prevent abuse and theft of vehicle registration documents. 2. The national vehicle registration authorities shall be informed by law enforcement authorities whether a vehicle, that is in the process of being registered, is known as having been stolen. Access to databases to that end shall take place with due respect to provisions of Community law. Article 8 Preventing abuse of vehicle registration certificates 1. In order to prevent abuse of vehicle registration certificates, each Member State shall, in accordance with national law, ensure that its competent authorities take the necessary steps to recover a vehicle owner's or vehicle holder's registration certificate if the vehicle has been seriously damaged in an accident (total loss). 2. A registration certificate shall also be recovered, in accordance with national law, where, during a check by the law enforcement agency, it is suspected that there has been an infringement concerning the vehicle's identity markings, such as the vehicle identification number. 3. Registration certificates shall be returned only following examination and positive verification of the vehicle's identity, and in accordance with national law. Article 9 Europol Each Member State shall ensure that its law enforcement authorities keep Europol informed on vehicle crime perpetrators as necessary, within the scope of that mandate and tasks. Article 10 Promotion of expertise and training Member States shall take the necessary steps to ensure that national institutes responsible for the training of relevant law enforcement authorities promote in their curricula, where appropriate in cooperation with the European Police College, specialist training in the field of vehicle crime prevention and detection. Such training may include input from Europol, in accordance with its sphere of competence. Article 11 Meeting of contact points and annual report to the Council Vehicle crime contact points shall hold a meeting at least once a year under the auspices of the Member State holding the Presidency of the Council. Europol shall be invited to participate in that meeting. The Presidency shall report to the Council on the progress of relevant practical cooperation among law enforcement authorities. Article 12 Evaluation The Council shall evaluate the implementation of this Decision by 30 December 2007. Article 13 Entry into effect This Decision shall take effect on the day of its publication in the Official Journal of the European Union. For those Member States in which the provisions of the Schengen acquis relating to the SIS have not yet been put into effect, the obligations of this Decision relating to the SIS shall take effect on the date on which those provisions start applying, as specified in a Council Decision adopted to that effect in accordance with the applicable procedures. Done at Brussels, 22 December 2004 For the Council The President C. VEERMAN (1) OJ C 162, 9.6.1999, p. 1.

Summary: Combating cross-border vehicle crime Combating cross-border vehicle crime SUMMARY OF: Decision 2004/919/EC on tackling vehicle crime with cross-border implications WHAT IS THE AIM OF THE DECISION? It establishes a common EU-wide approach to tackling vehicle crime involving more than one EU country. It aims to improve cooperation between EU countries and between their respective law enforcement authorities. KEY POINTS This decision requires EU countries to: enhance mutual cooperation between the competent national authorities; facilitate procedures for a quick repatriation of vehicles seized by the national authorities; designate a contact point for tackling cross-border vehicle crime; and, whenever a vehicle is reported stolen, to enter it in that part of the Schengen Information System (SIS) database containing vehicle registration information and, where possible, in Interpol’s stolen motor vehicle database. The decision notes the significant link between vehicle crime and other forms of organised crime, such as trafficking in drugs, firearms and human beings. Cooperation EU countries are required to take the necessary steps to enhance cooperation: between national authorities in order to combat cross-border vehicle crime; between competent authorities and representatives of the private sector (such as holders of private registers of missing vehicles, insurers and the car trade) in order to coordinating information and action in this field. EU countries are also asked to pay specific attention to export control and to streamline the quick repatriation of recovered stolen vehicles. Exchange of information EU countries are required to establish national contact points (NCPs) for exchanging information on tackling vehicle crime — this has led to the creation of a network of NCPs (CARPOL). Information exchange includes methods and best practices of prevention of vehicle crime but excludes personal data. Regular alerts should be issued for stolen vehicles and registration certificates in the SIS and, where possible, in Interpol’s stolen motor vehicle database. National law enforcement authorities are asked to keep Europol informed of vehicle crime perpetrators. Vehicle registration certificates EU countries are asked to prevent abuse and theft of vehicle registration certificates. The law enforcement authorities must, therefore: inform the national vehicle registration authorities if a vehicle which is in the process of being registered is known to have been stolen; recover the registration certificate if a vehicle is seriously damaged (total loss). The Council also recommends: checking the registration certificate if there is doubt over the vehicle’s identity; that the relevant law enforcement authorities have specialist training from the EU Agency for Law Enforcement Training in the field of vehicle crime prevention and detection. Assessment The decision has been reviewed twice in 2008 and 2016. The most recent review has found that CARPOL added professionalism to and strengthened the network of NCPs, and that there remains a need to need to maintain CARPOL in the long term. A 2017 Comprehensive Assessment of EU security policy found that the objectives and mechanisms set out in the decision still fit current needs. The assessment also notes that Europol is actively supporting CARPOL such as by hosting meetings and by supporting joint investigation teams on the theft of luxury cars or on drugs trafficking. FROM WHEN HAS THE DECISION APPLIED? I has applied since 30 December 2004. BACKGROUND European Vehicle and Driving Licence Information System (Eucaris). MAIN DOCUMENT Council Decision 2004/919/EC of 22 December 2004 on tackling vehicle crime with cross-border implications (OJ L 389, 30.12.2004, pp. 28-30) RELATED DOCUMENT Commission Staff Working Document Comprehensive Assessment of EU Security Policy — Accompanying the document Communication from the Commission to the European Parliament, the European Council and the Council — Ninth progress report towards an effective and genuine Security Union (SWD(2017) 278 final, 26.7.2017) last update 04.04.2019


11.11.2004 EN Official Journal of the European Union L 335/8 COUNCIL FRAMEWORK DECISION 2004/757/JHA of 25 october 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article 31(e) and Article 34(2)(b) thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Whereas: (1) Illicit drug trafficking poses a threat to health, safety and the quality of life of citizens of the European Union, and to the legal economy, stability and security of the Member States. (2) The need for legislative action to tackle illicit drug trafficking has been recognised in particular in the Action Plan of the Council and the Commission on how best to implement the provisions of the Amsterdam Treaty on an area of freedom, security and justice (3), adopted by the Justice and Home Affairs Council in Vienna on 3 December 1998, the conclusions of the Tampere European Council of 15 and 16 October 1999, in particular point 48 thereof, the European Union's Drugs Strategy (2000-2004) endorsed by the Helsinki European Council from 10 to 12 December 1999 and the European Union's Action Plan on Drugs (2000-2004) endorsed by the European Council in Santa Maria da Feira on 19 and 20 June 2000. (3) It is necessary to adopt minimum rules relating to the constituent elements of the offences of illicit trafficking in drugs and precursors which will allow a common approach at European Union level to the fight against such trafficking. (4) By virtue of the principle of subsidiarity, European Union action should focus on the most serious types of drug offence. The exclusion of certain types of behaviour as regards personal consumption from the scope of this Framework Decision does not constitute a Council guideline on how Member States should deal with these other cases in their national legislation. (5) Penalties provided for by the Member States should be effective, proportionate and dissuasive, and include custodial sentences. To determine the level of penalties, factual elements such as the quantities and the type of drugs trafficked, and whether the offence was committed within the framework of a criminal organisation, should be taken into account. (6) Member States should be allowed to make provision for reducing the penalties when the offender has supplied the competent authorities with valuable information. (7) It is necessary to take measures to enable the confiscation of the proceeds of the offences referred to in this Framework Decision. (8) Measures should be taken to ensure that legal persons can be held liable for the criminal offences referred to by this Framework Decision which are committed for their benefit. (9) The effectiveness of the efforts made to tackle illicit drug trafficking depends essentially on the harmonisation of the national measures implementing this Framework Decision, HAS DECIDED AS FOLLOWS: Article 1 Definitions For the purposes of this Framework Decision: 1. ‘drugs’: shall mean any of the substances covered by the following United Nations Conventions: (a) the 1961 Single Convention on Narcotic Drugs (as amended by the 1972 Protocol); (b) the 1971 Vienna Convention on Psychotropic Substances. It shall also include the substances subject to controls under Joint Action 97/396/JHA of 16 June 1997 concerning the information exchange risk assessment and the control of new synthetic drugs (4); 2. ‘precursors’: shall mean any substance scheduled in the Community legislation giving effect to the obligations deriving from Article 12 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 20 December 1988; 3. ‘legal person’: shall mean any legal entity having such status under the applicable national law, except for States or other public bodies acting in the exercise of their sovereign rights and for public international organisations. Article 2 Crimes linked to trafficking in drugs and precursors 1. Each Member State shall take the necessary measures to ensure that the following intentional conduct when committed without right is punishable: (a) the production, manufacture, extraction, preparation, offering, offering for sale, distribution, sale, delivery on any terms whatsoever, brokerage, dispatch, dispatch in transit, transport, importation or exportation of drugs; (b) the cultivation of opium poppy, coca bush or cannabis plant; (c) the possession or purchase of drugs with a view to conducting one of the activities listed in (a); (d) the manufacture, transport or distribution of precursors, knowing that they are to be used in or for the illicit production or manufacture of drugs. 2. The conduct described in paragraph 1 shall not be included in the scope of this Framework Decision when it is committed by its perpetrators exclusively for their own personal consumption as defined by national law. Article 3 Incitement, aiding and abetting and attempt 1. Each Member State shall take the necessary measures to make incitement to commit, aiding and abetting or attempting one of the offences referred to in Article 2 a criminal offence. 2. A Member State may exempt from criminal liability the attempt to offer or prepare drugs referred to in Article 2(1)(a) and the attempt to possess drugs referred to in Article 2(1)(c). Article 4 Penalties 1. Each Member State shall take the measures necessary to ensure that the offences defined in Articles 2 and 3 are punishable by effective, proportionate and dissuasive criminal penalties. Each Member State shall take the necessary measures to ensure that the offences referred to in Article 2 are punishable by criminal penalties of a maximum of at least between one and three years of imprisonment. 2. Each Member State shall take the necessary measures to ensure that the offences referred to in Article 2(1)(a), (b) and (c) are punishable by criminal penalties of a maximum of at least between 5 and 10 years of imprisonment in each of the following circumstances: (a) the offence involves large quantities of drugs; (b) the offence either involves those drugs which cause the most harm to health, or has resulted in significant damage to the health of a number of persons. 3. Each Member State shall take the necessary measures to ensure that the offences referred to in paragraph 2 are punishable by criminal penalties of a maximum of at least 10 years of deprivation of liberty, where the offence was committed within the framework of a criminal organisation as defined in Joint Action 98/733/JHA of 21 December 1998 on making it a criminal offence to participate in a criminal organisation in the Member States of the European Union (5). 4. Each Member State shall take the necessary measures to ensure that the offences referred to in Article 2(1)(d) are punishable by criminal penalties of a maximum of at least between 5 and 10 years of deprivation of liberty, where the offence was committed within the framework of a criminal organisation as defined in Joint Action 98/733/JHA and the precursors are intended to be used in or for the production or manufacture of drugs under the circumstances referred to in paragraphs 2(a) or (b). 5. Without prejudice to the rights of victims and of other bona fide third parties, each Member State shall take the necessary measures to enable the confiscation of substances which are the object of offences referred to in Articles 2 and 3, instrumentalities used or intended to be used for these offences and proceeds from these offences or the confiscation of property the value of which corresponds to that of such proceeds, substances or instrumentalities. The terms ‘confiscation’, ‘instrumentalities’, ‘proceeds’ and ‘property’ shall have the same meaning as in Article 1 of the 1990 Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime. Article 5 Particular circumstances Notwithstanding Article 4, each Member State may take the necessary measures to ensure that the penalties referred to in Article 4 may be reduced if the offender: (a) renounces criminal activity relating to trafficking in drugs and precursors, and (b) provides the administrative or judicial authorities with information which they would not otherwise have been able to obtain, helping them to: (i) prevent or mitigate the effects of the offence, (ii) identify or bring to justice the other offenders, (iii) find evidence, or (iv) prevent further offences referred to in Articles 2 and 3. Article 6 Liability of legal persons 1. Each Member State shall take the necessary measures to ensure that legal persons can be held liable for any of the criminal offences referred to in Articles 2 and 3 committed for their benefit by any person, acting either individually or as a member of an organ of the legal person in question, who has a leading position within the legal person, based on one of the following: (a) a power of representation of the legal person; (b) an authority to take decisions on behalf of the legal person; (c) an authority to exercise control within the legal person. 2. Apart from the cases provided for in paragraph 1, each Member State shall take the necessary measures to ensure that legal persons can be held liable where the lack of supervision or control by a person referred to in paragraph 1 has made possible the commission of any of the offences referred to in Articles 2 and 3 for the benefit of that legal person by a person under its authority. 3. Liability of legal persons under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are perpetrators, instigators or accessories in any of the offences referred to in Articles 2 and 3. Article 7 Sanctions for legal persons 1. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6(1) is punishable by effective, proportionate and dissuasive sanctions, which shall include criminal or non-criminal fines and may include other sanctions, such as: (a) exclusion from entitlement to tax relief or other benefits or public aid; (b) temporary or permanent disqualification from the pursuit of commercial activities; (c) placing under judicial supervision; (d) a judicial winding-up order; (e) temporary or permanent closure of establishments used for committing the offence; (f) in accordance with Article 4(5), the confiscation of substances which are the object of offences referred to in Articles 2 and 3, instrumentalities used or intended to be used for these offences and proceeds from these offences or the confiscation of property the value of which corresponds to that of such proceeds, substances or instrumentalities. 2. Each Member State shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6(2) is punishable by effective, proportionate and dissuasive sanctions or measures. Article 8 Jurisdiction and prosecution 1. Each Member State shall take the necessary measures to establish its jurisdiction over the offences referred to in Articles 2 and 3 where: (a) the offence is committed in whole or in part within its territory; (b) the offender is one of its nationals; or (c) the offence is committed for the benefit of a legal person established in the territory of that Member State. 2. A Member State may decide that it will not apply, or that it will apply only in specific cases or circumstances, the jurisdiction rules set out in paragraphs 1(b) and 1(c) where the offence is committed outside its territory. 3. A Member State which, under its laws, does not extradite its own nationals shall take the necessary measures to establish its jurisdiction over and to prosecute, where appropriate, an offence referred to in Articles 2 and 3 when it is committed by one of its own nationals outside its territory. 4. Member States shall inform the General Secretariat of the Council and the Commission when they decide to apply paragraph 2, where appropriate with an indication of the specific cases or circumstances in which the decision applies. Article 9 Implementation and reports 1. Member States shall take the necessary measures to comply with the provisions of this Framework Decision by 12 May 2006. 2. By the deadline referred to in paragraph 1, Member States shall transmit to the General Secretariat of the Council and to the Commission the text of the provisions transposing into their national law the obligations imposed on them under this Framework Decision. The Commission shall, by 12 May 2009, submit a report to the European Parliament and to the Council on the functioning of the implementation of the Framework Decision, including its effects on judicial cooperation in the field of illicit drug trafficking. Following this report, the Council shall assess, at the latest within six months after submission of the report, whether Member States have taken the necessary measures to comply with this Framework Decision. Article 10 Territorial application This Framework Decision shall apply to Gibraltar. Article 11 Entry into force This Framework Decision shall enter into force on the day following its publication in the Official Journal of the European Union. Done at Luxembourg, 25 October 2004. For the Council The President R. VERDONK (1) OJ C 304 E, 30.10.2001, p. 172. (2) Opinion of 9 March 2004 (not yet published in the Official Journal). (3) OJ C 19, 23.1.1999, p. 1. (4) OJ L 167, 25.6.1997, p. 1. (5) OJ L 351, 29.12.1998, p. 1.

Summary: Criminal acts and the applicable penalties — drug trafficking Criminal acts and the applicable penalties — drug trafficking SUMMARY OF: Framework Decision 2004/757/JHA — minimum rules in regard to drug trafficking offences and penalties WHAT IS THE AIM OF THE DECISION? Its aim is to combat drug trafficking so as to limit the supply and consumption of drugs (defined in ‘Key points’ below). It lays down minimum rules to be observed and minimum penalties to be applied by EU countries. It lists punishable acts relating to drug trafficking and obliges EU countries to take measures against those involved in such trafficking. The Framework Decision has been amended by Directive (EU) 2017/2103 with a view to reducing the availability of new psychoactive substances* by introducing the means to take more effective action at EU level. The amendment becomes fully effective as of 23 November 2018. KEY POINTS Offences The framework decision requires each EU country to take the necessary measures to penalise all intentional acts relating to the trafficking in drugs and precursors*. The decision defines a ‘drug’ as a substance covered by the 1961 United Nations (UN) Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, or by the 1971 UN Convention on Psychotropic Substances. Once the amendment of the Framework Decision becomes effective in November 2018, the definition of drugs will also include any of the substances listed in the annex of the amended decision. Acts linked to drug trafficking include production, manufacture, extraction, sale, transport, importation and exportation. Possession and purchase with a view to engaging in activities linked with drug trafficking are also taken into account, as are the manufacture, transport and distribution of precursors. Incitement to drug trafficking, aiding and abetting such activity, and attempting to traffic in drugs are also regarded as offences. However, this framework decision does not cover activities relating to the trafficking in drugs for personal consumption. Inclusion of new psychoactive substances in the definition of ‘drug’ (applicable as of 23 November 2018). Directive (EU) 2017/2103 introduces a procedure for including new psychoactive substances in the definition of ‘drug’. The European Commission is given the power to adopt delegated acts to add new psychoactive substances to the list in the annex. This will replace the current practice of scheduling new psychoactive substances through Council Implementing Decision (EU) 2017/2170 under Council Decision 2005/387/JHA. When considering whether to add a new substance to the list, the Commission must take into account whether: the extent or patterns of its use and its availability and potential for diffusion within the EU are significant; and the harm to health its consumption may cause is life-threatening due to its acute or chronic toxicity andliability to be abused or potential to cause dependence. In addition, the Commission must assess whether the social harm caused by the new psychoactive substance to individuals and to society is severe and whether criminal activities, including organised crime, associated with the new psychoactive substance are systematic, involve significant illicit profits or entail significant economic costs. To support the Commission’s decision-making, the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) will prepare a risk assessment report which will address all these elements. In parallel with the adoption of Directive (EU) 2017/2103, the EU adopted Regulation (EU) 2017/2101 which amends Regulation (EC) No 1920/2006 on sharing information and an early warning system and risk assessment procedures for new psychoactive substances. The regulation will becomes fully effective on 23 November 2018. Liability of legal persons EU countries must take measures to ensure that legal persons (for example, businesses) can be held to account for offences linked with trafficking in drugs and precursors, as well as for aiding and abetting, inciting or attempting such activity. The concept of legal persons as used here does not include states and public bodies in the exercise of their powers or public international organisations. An organisation is liable if the offence is committed by an individual who has a leading position within that organisation. It is also held responsible for shortcomings in supervision or control. However, the liability of legal persons does not exclude criminal proceedings against individuals (natural persons). Sanctions EU countries must take the necessary measures to ensure that offences are subject to effective, proportionate and dissuasive penalties. If an offence is committed in whole or in part within an EU country’s territory, that country must take measures, provided that the offender is one of its nationals or that the offence was committed for the benefit of a legal person established within its territory. The maximum penalties for drug trafficking offences must be at least between 1 and 3 years’ imprisonment. However, maximum penalties must be increased to at least 5 to 10 years’ imprisonment in cases where the offence: involves large quantities of drugs; involves those drugs that are most harmful to health; is committed within a criminal organisation. EU countries must also take the necessary measures to confiscate substances which are the object of offences. However, penalties may be reduced if the offender renounces his illegal activities and provides information to the administrative or legal authorities that will help identify other offenders. Sanctions for legal persons must include fines for criminal or non-criminal offences. Other sanctions may also be imposed, including placing the establishment under judicial supervision or closing it temporarily or permanently. FROM WHEN DOES THE DECISION APPLY? The decision has applied since 12 November 2004. BACKGROUND For more information, see: EU’s response to drugs (European Commission). KEY TERMS New psychoactive substance: a substance in pure form or in a preparation that is not covered by the 1961 United Nations Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, or by the 1971 United Nations Convention on Psychotropic Substances but may pose health or social risks similar to those posed by the substances covered by those Conventions. Precursor: any substance listed in EU legislation giving effect to the obligations deriving from Article 12 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 20 December 1988. MAIN DOCUMENT Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking (OJ L 335, 11.11.2004, pp. 8-11) Successive amendments to Framework Decision 2004/757/JHA have been incorporated in the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Council Implementing Decision (EU) 2017/2170 of 15 November 2017 on subjecting N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide (furanylfentanyl) to control measures (OJ L 306, 22.11.2017, pp. 19-20) Directive (EU) 2017/2103 of the European Parliament and of the Council of 15 November 2017 amending Council Framework Decision 2004/757/JHA in order to include new psychoactive substances in the definition of ‘drug’ and repealing Council Decision 2005/387/JHA (OJ L 305, 21.11.2017, pp. 12-18) Regulation (EU) 2017/2101 of the European Parliament and of the Council of 15 November 2017 amending Regulation (EC) No 1920/2006 as regards information exchange on, and an early warning system and risk assessment procedure for, new psychoactive substances (OJ L 305, 21.11.2017, pp. 1-7) Regulation (EC) No 1920/2006 of the European Parliament and of the Council of 12 December 2006 on the European Monitoring Centre for Drugs and Drug Addiction (recast) (OJ L 376, 27.12.2006, pp. 1-13) last update 20.02.2018