EUR-Lex - 32001R1206 - EN Avis juridique important | 32001R1206 Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters Official Journal L 174 , 27/06/2001 P. 0001 - 0024 Council Regulation (EC) No 1206/2001of 28 May 2001on cooperation between the courts of the Member States in the taking of evidence in civil or commercial mattersTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 61(c) and Article 67(1) thereof,Having regard to the initiative of the Federal Republic of Germany(1),Having regard to the opinion of the European Parliament(2),Having regard to the opinion of the Economic and Social Committee(3),Whereas:(1) The European Union has set itself the objective of maintaining and developing the European Union as an area of freedom, security and justice in which the free movement of persons is ensured. For the gradual establishment of such an area, the Community is to adopt, among others, the measures relating to judicial cooperation in civil matters needed for the proper functioning of the internal market.(2) For the purpose of the proper functioning of the internal market, cooperation between courts in the taking of evidence should be improved, and in particular simplified and accelerated.(3) At its meeting in Tampere on 15 and 16 October 1999, the European Council recalled that new procedural legislation in cross-border cases, in particular on the taking of evidence, should be prepared.(4) This area falls within the scope of Article 65 of the Treaty.(5) The objectives of the proposed action, namely the improvement of cooperation between the courts on the taking of evidence in civil or commercial matters, cannot be sufficiently achieved by the Member States and can therefore 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 to achieve those objectives.(6) To date, there is no binding instrument between all the Member States concerning the taking of evidence. The Hague Convention of 18 March 1970 on the taking of evidence abroad in civil or commercial matters applies between only 11 Member States of the European Union.(7) As it is often essential for a decision in a civil or commercial matter pending before a court in a Member State to take evidence in another Member State, the Community's activity cannot be limited to the field of transmission of judicial and extrajudicial documents in civil or commercial matters which falls within the scope of Council Regulation (EC) No 1348/2000 of 29 May 2000 on the serving in the Member States of judicial and extrajudicial documents in civil or commercial matters(4). It is therefore necessary to continue the improvement of cooperation between courts of Member States in the field of taking of evidence.(8) The efficiency of judicial procedures in civil or commercial matters requires that the transmission and execution of requests for the performance of taking of evidence is to be made directly and by the most rapid means possible between Member States' courts.(9) Speed in transmission of requests for the performance of taking of evidence warrants the use of all appropriate means, provided that certain conditions as to the legibility and reliability of the document received are observed. So as to ensure the utmost clarity and legal certainty the request for the performance of taking of evidence must be transmitted on a form to be completed in the language of the Member State of the requested court or in another language accepted by that State. For the same reasons, forms should also be used as far as possible for further communication between the relevant courts.(10) A request for the performance of the taking of evidence should be executed expeditiously. If it is not possible for the request to be executed within 90 days of receipt by the requested court, the latter should inform the requesting court accordingly, stating the reasons which prevent the request from being executed swiftly.(11) To secure the effectiveness of this Regulation, the possibility of refusing to execute the request for the performance of taking of evidence should be confined to strictly limited exceptional situations.(12) The requested court should execute the request in accordance with the law of its Member State.(13) The parties and, if any, their representatives, should be able to be present at the performance of the taking of evidence, if that is provided for by the law of the Member State of the requesting court, in order to be able to follow the proceedings in a comparable way as if evidence were taken in the Member State of the requesting court. They should also have the right to request to participate in order to have a more active role in the performance of the taking of evidence. However, the conditions under which they may participate should be determined by the requested court in accordance with the law of its Member State.(14) The representatives of the requesting court should be able to be present at the performance of the taking of evidence, if that is compatible with the law of the Member State of the requesting court, in order to have an improved possibility of evaluation of evidence. They should also have the right to request to participate, under the conditions laid down by the requested court in accordance with the law of its Member State, in order to have a more active role in the performance of the taking of evidence.(15) In order to facilitate the taking of evidence it should be possible for a court in a Member State, in accordance with the law of its Member State, to take evidence directly in another Member State, if accepted by the latter, and under the conditions determined by the central body or competent authority of the requested Member State.(16) The execution of the request, according to Article 10, should not give rise to a claim for any reimbursement of taxes or costs. Nevertheless, if the requested court requires reimbursement, the fees paid to experts and interpreters, as well as the costs occasioned by the application of Article 10(3) and (4), should not be borne by that court. In such a case, the requesting court is to take the necessary measures to ensure reimbursement without delay. Where the opinion of an expert is required, the requested court may, before executing the request, ask the requesting court for an adequate deposit or advance towards the costs.(17) This Regulation should prevail over the provisions applying to its field of application, contained in international conventions concluded by the Member States. Member States should be free to adopt agreements or arrangements to further facilitate cooperation in the taking of evidence.(18) The information transmitted pursuant to this Regulation should enjoy protection. Since Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(5), and Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector(6), are applicable, there is no need for specific provisions on data protection in this Regulation.(19) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999(7) laying down the procedures for the exercise of implementing powers conferred on the Commission.(20) For the proper functioning of this Regulation, the Commission should review its application and propose such amendments as may appear necessary.(21) The United Kingdom and Ireland, in accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on the European Union and to the Treaty establishing the European Community, have given notice of their wish to take part in the adoption and application of this Regulation.(22) Denmark, in accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, is not participating in the adoption of this Regulation, and is therefore not bound by it nor subject to its application,HAS ADOPTED THIS REGULATION:CHAPTER IGENERAL PROVISIONSArticle 1Scope1. This Regulation shall apply in civil or commercial matters where the court of a Member State, in accordance with the provisions of the law of that State, requests:(a) the competent court of another Member State to take evidence; or(b) to take evidence directly in another Member State.2. A request shall not be made to obtain evidence which is not intended for use in judicial proceedings, commenced or contemplated.3. In this Regulation, the term "Member State" shall mean Member States with the exception of Denmark.Article 2Direct transmission between the courts1. Requests pursuant to Article 1(1)(a), hereinafter referred to as "requests", shall be transmitted by the court before which the proceedings are commenced or contemplated, hereinafter referred to as the "requesting court", directly to the competent court of another Member State, hereinafter referred to as the "requested court", for the performance of the taking of evidence.2. Each Member State shall draw up a list of the courts competent for the performance of taking of evidence according to this Regulation. The list shall also indicate the territorial and, where appropriate, the special jurisdiction of those courts.Article 3Central body1. Each Member State shall designate a central body responsible for:(a) supplying information to the courts;(b) seeking solutions to any difficulties which may arise in respect of a request;(c) forwarding, in exceptional cases, at the request of a requesting court, a request to the competent court.2. A federal State, a State in which several legal systems apply or a State with autonomous territorial entities shall be free to designate more than one central body.3. Each Member State shall also designate the central body referred to in paragraph 1 or one or several competent authority(ies) to be responsible for taking decisions on requests pursuant to Article 17.CHAPTER IITRANSMISSION AND EXECUTION OF REQUESTSSection 1Transmission of the requestArticle 4Form and content of the request1. The request shall be made using form A or, where appropriate, form I in the Annex. It shall contain the following details:(a) the requesting and, where appropriate, the requested court;(b) the names and addresses of the parties to the proceedings and their representatives, if any;(c) the nature and subject matter of the case and a brief statement of the facts;(d) a description of the taking of evidence to be performed;(e) where the request is for the examination of a person:- the name(s) and address(es) of the person(s) to be examined,- the questions to be put to the person(s) to be examined or a statement of the facts about which he is (they are) to be examined,- where appropriate, a reference to a right to refuse to testify under the law of the Member State of the requesting court,- any requirement that the examination is to be carried out under oath or affirmation in lieu thereof, and any special form to be used,- where appropriate, any other information that the requesting court deems necessary;(f) where the request is for any other form of taking of evidence, the documents or other objects to be inspected;(g) where appropriate, any request pursuant to Article 10(3) and (4), and Articles 11 and 12 and any information necessary for the application thereof.2. The request and all documents accompanying the request shall be exempted from authentication or any equivalent formality.3. Documents which the requesting court deems it necessary to enclose for the execution of the request shall be accompanied by a translation into the language in which the request was written.Article 5LanguageThe request and communications pursuant to this Regulation shall be drawn up in the official language of the requested Member State or, if there are several official languages in that Member State, in the official language or one of the official languages of the place where the requested taking of evidence is to be performed, or in another language which the requested Member State has indicated it can accept. Each Member State shall indicate the official language or languages of the institutions of the European Community other than its own which is or are acceptable to it for completion of the forms.Article 6Transmission of requests and other communicationsRequests and communications pursuant to this Regulation shall be transmitted by the swiftest possible means, which the requested Member State has indicated it can accept. The transmission may be carried out by any appropriate means, provided that the document received accurately reflects the content of the document forwarded and that all information in it is legible.Section 2Receipt of requestArticle 7Receipt of request1. Within seven days of receipt of the request, the requested competent court shall send an acknowledgement of receipt to the requesting court using form B in the Annex. Where the request does not comply with the conditions laid down in Articles 5 and 6, the requested court shall enter a note to that effect in the acknowledgement of receipt.2. Where the execution of a request made using form A in the Annex, which complies with the conditions laid down in Article 5, does not fall within the jurisdiction of the court to which it was transmitted, the latter shall forward the request to the competent court of its Member State and shall inform the requesting court thereof using form A in the Annex.Article 8Incomplete request1. If a request cannot be executed because it does not contain all of the necessary information pursuant to Article 4, the requested court shall inform the requesting court thereof without delay and, at the latest, within 30 days of receipt of the request using form C in the Annex, and shall request it to send the missing information, which should be indicated as precisely as possible.2. If a request cannot be executed because a deposit or advance is necessary in accordance with Article 18(3), the requested court shall inform the requesting court thereof without delay and, at the latest, within 30 days of receipt of the request using form C in the Annex and inform the requesting court how the deposit or advance should be made. The requested Court shall acknowledge receipt of the deposit or advance without delay, at the latest within 10 days of receipt of the deposit or the advance using form D.Article 9Completion of the request1. If the requested court has noted on the acknowledgement of receipt pursuant to Article 7(1) that the request does not comply with the conditions laid down in Articles 5 and 6 or has informed the requesting court pursuant to Article 8 that the request cannot be executed because it does not contain all of the necessary information pursuant to Article 4, the time limit pursuant to Article 10 shall begin to run when the requested court received the request duly completed.2. Where the requested court has asked for a deposit or advance in accordance with Article 18(3), this time limit shall begin to run when the deposit or the advance is made.Section 3Taking of evidence by the requested courtArticle 10General provisions on the execution of the request1. The requested court shall execute the request without delay and, at the latest, within 90 days of receipt of the request.2. The requested court shall execute the request in accordance with the law of its Member State.3. The requesting court may call for the request to be executed in accordance with a special procedure provided for by the law of its Member State, using form A in the Annex. The requested court shall comply with such a requirement unless this procedure is incompatible with the law of the Member State of the requested court or by reason of major practical difficulties. If the requested court does not comply with the requirement for one of these reasons it shall inform the requesting court using form E in the Annex.4. The requesting court may ask the requested court to use communications technology at the performance of the taking of evidence, in particular by using videoconference and teleconference.The requested court shall comply with such a requirement unless this is incompatible with the law of the Member State of the requested court or by reason of major practical difficulties.If the requested court does not comply with the requirement for one of these reasons, it shall inform the requesting court, using form E in the Annex.If there is no access to the technical means referred to above in the requesting or in the requested court, such means may be made available by the courts by mutual agreement.Article 11Performance with the presence and participation of the parties1. If it is provided for by the law of the Member State of the requesting court, the parties and, if any, their representatives, have the right to be present at the performance of the taking of evidence by the requested court.2. The requesting court shall, in its request, inform the requested court that the parties and, if any, their representatives, will be present and, where appropriate, that their participation is requested, using form A in the Annex. This information may also be given at any other appropriate time.3. If the participation of the parties and, if any, their representatives, is requested at the performance of the taking of evidence, the requested court shall determine, in accordance with Article 10, the conditions under which they may participate.4. The requested court shall notify the parties and, if any, their representatives, of the time when, the place where, the proceedings will take place, and, where appropriate, the conditions under which they may participate, using form F in the Annex.5. Paragraphs 1 to 4 shall not affect the possibility for the requested court of asking the parties and, if any their representatives, to be present at or to participate in the performance of the taking of evidence if that possibility is provided for by the law of its Member State.Article 12Performance with the presence and participation of representatives of the requesting court1. If it is compatible with the law of the Member State of the requesting court, representatives of the requesting court have the right to be present in the performance of the taking of evidence by the requested court.2. For the purpose of this Article, the term "representative" shall include members of the judicial personnel designated by the requesting court, in accordance with the law of its Member State. The requesting court may also designate, in accordance with the law of its Member State, any other person, such as an expert.3. The requesting court shall, in its request, inform the requested court that its representatives will be present and, where appropriate, that their participation is requested, using form A in the Annex. This information may also be given at any other appropriate time.4. If the participation of the representatives of the requesting court is requested in the performance of the taking of evidence, the requested court shall determine, in accordance with Article 10, the conditions under which they may participate.5. The requested court shall notify the requesting court, of the time when, and the place where, the proceedings will take place, and, where appropriate, the conditions under which the representatives may participate, using form F in the Annex.Article 13Coercive measuresWhere necessary, in executing a request the requested court shall apply the appropriate coercive measures in the instances and to the extent as are provided for by the law of the Member State of the requested court for the execution of a request made for the same purpose by its national authorities or one of the parties concerned.Article 14Refusal to execute1. A request for the hearing of a person shall not be executed when the person concerned claims the right to refuse to give evidence or to be prohibited from giving evidence,(a) under the law of the Member State of the requested court; or(b) under the law of the Member State of the requesting court, and such right has been specified in the request, or, if need be, at the instance of the requested court, has been confirmed by the requesting court.2. In addition to the grounds referred to in paragraph 1, the execution of a request may be refused only if:(a) the request does not fall within the scope of this Regulation as set out in Article 1; or(b) the execution of the request under the law of the Member State of the requested court does not fall within the functions of the judiciary; or(c) the requesting court does not comply with the request of the requested court to complete the request pursuant to Article 8 within 30 days after the requested court asked it to do so; or(d) a deposit or advance asked for in accordance with Article 18(3) is not made within 60 days after the requested court asked for such a deposit or advance.3. Execution may not be refused by the requested court solely on the ground that under the law of its Member State a court of that Member State has exclusive jurisdiction over the subject matter of the action or that the law of that Member State would not admit the right of action on it.4. If execution of the request is refused on one of the grounds referred to in paragraph 2, the requested court shall notify the requesting court thereof within 60 days of receipt of the request by the requested court using form H in the Annex.Article 15Notification of delayIf the requested court is not in a position to execute the request within 90 days of receipt, it shall inform the requesting court thereof, using form G in the Annex. When it does so, the grounds for the delay shall be given as well as the estimated time that the requested court expects it will need to execute the request.Article 16Procedure after execution of the requestThe requested court shall send without delay to the requesting court the documents establishing the execution of the request and, where appropriate, return the documents received from the requesting court. The documents shall be accompanied by a confirmation of execution using form H in the Annex.Section 4Direct taking of evidence by the requesting courtArticle 171. Where a court requests to take evidence directly in another Member State, it shall submit a request to the central body or the competent authority referred to in Article 3(3) in that State, using form I in the Annex.2. Direct taking of evidence may only take place if it can be performed on a voluntary basis without the need for coercive measures.Where the direct taking of evidence implies that a person shall be heard, the requesting court shall inform that person that the performance shall take place on a voluntary basis.3. The taking of evidence shall be performed by a member of the judicial personnel or by any other person such as an expert, who will be designated, in accordance with the law of the Member State of the requesting court.4. Within 30 days of receiving the request, the central body or the competent authority of the requested Member State shall inform the requesting court if the request is accepted and, if necessary, under what conditions according to the law of its Member State such performance is to be carried out, using form J.In particular, the central body or the competent authority may assign a court of its Member State to take part in the performance of the taking of evidence in order to ensure the proper application of this Article and the conditions that have been set out.The central body or the competent authority shall encourage the use of communications technology, such as videoconferences and teleconferences.5. The central body or the competent authority may refuse direct taking of evidence only if:(a) the request does not fall within the scope of this Regulation as set out in Article 1;(b) the request does not contain all of the necessary information pursuant to Article 4; or(c) the direct taking of evidence requested is contrary to fundamental principles of law in its Member State.6. Without prejudice to the conditions laid down in accordance with paragraph 4, the requesting court shall execute the request in accordance with the law of its Member State.Section 5CostsArticle 181. The execution of the request, in accordance with Article 10, shall not give rise to a claim for any reimbursement of taxes or costs.2. Nevertheless, if the requested court so requires, the requesting court shall ensure the reimbursement, without delay, of:- the fees paid to experts and interpreters, and- the costs occasioned by the application of Article 10(3) and(4).The duty for the parties to bear these fees or costs shall be governed by the law of the Member State of the requesting court.3. Where the opinion of an expert is required, the requested court may, before executing the request, ask the requesting court for an adequate deposit or advance towards the requested costs. In all other cases, a deposit or advance shall not be a condition for the execution of a request.The deposit or advance shall be made by the parties if that is provided for by the law of the Member State of the requesting court.CHAPTER IIIFINAL PROVISIONSArticle 19Implementing rules1. The Commission shall draw up and regularly update a manual, which shall also be available electronically, containing the information provided by the Member States in accordance with Article 22 and the agreements or arrangements in force, according to Article 21.2. The updating or making of technical amendments to the standard forms set out in the Annex shall be carried out in accordance with the advisory procedure set out in Article 20(2).Article 20Committee1. The Commission shall be assisted by a 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 21Relationship with existing or future agreements or arrangements between Member States1. This Regulation shall, in relation to matters to which it applies, prevail over other provisions contained in bilateral or multilateral agreements or arrangements concluded by the Member States and in particular the Hague Convention of 1 March 1954 on Civil Procedure and the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters, in relations between the Member States party thereto.2. This Regulation shall not preclude Member States from maintaining or concluding agreements or arrangements between two or more of them to further facilitate the taking of evidence, provided that they are compatible with this Regulation.3. Member States shall send to the Commission:(a) by 1 July 2003, a copy of the agreements or arrangements maintained between the Member States referred to in paragraph 2;(b) a copy of the agreements or arrangements concluded between the Member States referred to in paragraph 2 as well as drafts of such agreements or arrangements which they intend to adopt; and(c) any denunciation of, or amendments to, these agreements or arrangements.Article 22CommunicationBy 1 July 2003 each Member State shall communicate to the Commission the following:(a) the list pursuant to Article 2(2) indicating the territorial and, where appropriate, the special jurisdiction of the courts;(b) the names and addresses of the central bodies and competent authorities pursuant to Article 3, indicating their territorial jurisdiction;(c) the technical means for the receipt of requests available to the courts on the list pursuant to Article 2(2);(d) the languages accepted for the requests as referred to in Article 5.Member States shall inform the Commission of any subsequent changes to this information.Article 23ReviewNo later than 1 January 2007, and every five years thereafter, the Commission shall present to the European Parliament, the Council and the Economic and Social Committee a report on the application of this Regulation, paying special attention to the practical application of Article 3(1)(c) and 3, and Articles 17 and 18.Article 24Entry into force1. This Regulation shall enter into force on 1 July 2001.2. This Regulation shall apply from 1 January 2004, except for Articles 19, 21 and 22, which shall apply from 1 July 2001.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 Brussels, 28 May 2001.For the CouncilThe PresidentT. Bodström(1) OJ C 314, 3.11.2000, p. 2.(2) Opinion delivered on 14 March 2001 (not yet published in the Official Journal).(3) Opinion delivered on 28 February 2001 (not yet published in the Official Journal).(4) OJ L 160, 30.6.2000, p. 37.(5) OJ L 281, 23.11.1995, p. 31.(6) OJ L 24, 30.1.1998, p. 1.(7) OJ L 184, 17.7.1999, p. 23.ANNEX>PIC FILE= "L_2001174EN.000902.EPS">>PIC FILE= "L_2001174EN.001001.EPS">>PIC FILE= "L_2001174EN.001101.EPS">>PIC FILE= "L_2001174EN.001201.EPS">>PIC FILE= "L_2001174EN.001301.EPS">>PIC FILE= "L_2001174EN.001401.EPS">>PIC FILE= "L_2001174EN.001501.EPS">>PIC FILE= "L_2001174EN.001601.EPS">>PIC FILE= "L_2001174EN.001701.EPS">>PIC FILE= "L_2001174EN.001801.EPS">>PIC FILE= "L_2001174EN.001901.EPS">>PIC FILE= "L_2001174EN.002001.EPS">>PIC FILE= "L_2001174EN.002101.EPS">>PIC FILE= "L_2001174EN.002201.EPS">>PIC FILE= "L_2001174EN.002301.EPS">>PIC FILE= "L_2001174EN.002401.EPS">

Summary: Taking of evidence in civil and commercial matters (until 2022) Taking of evidence in civil and commercial matters (until 2022) SUMMARY: Regulation (EC) No 1206/2001 on cooperation between the courts of the EU countries in the taking of evidence in civil or commercial matters WHAT IS THE AIM OF THE REGULATION? It aims to improve and simplify judicial cooperation among EU countries and to speed up the taking of evidence in legal proceedings in civil and commercial matters. Regulation (EC) No 1206/2001 is repealed and replaced by Regulation (EU) 2020/1783 (see summary) as of 1 July 2022. KEY POINTS Scope The regulation applies in civil and commercial matters where the court of an EU country: requests the competent court of another EU country to obtain evidence; requests permission to gather evidence itself in another EU country. The request should be made to obtain evidence which is intended for use in judicial proceedings, started or considered. Direct transmission between the courts EU countries must draw up a list of the courts authorised to obtain evidence and indicate their territorial or special jurisdiction (such as a special court that might have powers to confiscate criminal assets). Requests are directly transmitted by the court before which the proceedings are taking place or are planned (the ‘requesting court’) to the court of the EU country gathering evidence (the ‘requested court’). Each EU country must designate a central authority responsible for: supplying information to the courts; seeking solutions to any difficulties regarding transmission; forwarding, in exceptional cases, a request to the competent court. Form and content of the request The request must be lodged using the form specified in this regulation. This form must contain certain details, such as: the name and address of the parties to the proceedings, the nature and subject matter of the case, a description of the taking of evidence to be performed. Requests must be drafted in the official language of the EU country of the requested court or in any other language which that country indicates it can accept. Execution Requests are executed in accordance with the law of the requested EU country. The request must be executed within 90 days of receipt. The execution of a request may be refused only if: the request does not fall within the scope of the regulation (if, for instance, it concerns criminal and not civil or commercial proceedings); the execution of the request does not fall within the functions of the judiciary; the request is incomplete; a person of whom a hearing has been requested claims a right to refuse, or a prohibition, from giving evidence; a party has not paid the deposit or advance relating to the costs of consulting an expert. Where a request is refused, the requested court must notify the requesting court within 60 days of receipt of the request. If permitted by the law of the country of the requesting court, representatives of the court of that country are entitled to be present when the requested court undertakes the requested act. The parties and their representatives (if any) may also be present. The regulation does not rule out 2 or more EU countries from concluding or maintaining agreements to speed up or simplify the execution of a request. Report In 2007, the European Commission published a report on the application of the regulation. It concluded that certain measures still needed to be taken in order to improve its functioning. These concerned: improving the legal professions’ level of knowledge of the regulation; ensuring the deadline of 90 days set for executing requests is complied with; making greater use of technologies, specifically videoconferencing. Public consultation In December 2017, the Commission launched a public consultation on the modernisation of judicial cooperation in civil and commercial matters in the EU. The consultation covers both Regulation (EC) No 1393/2007 on the service of documents and the regulation covered in this summary. Repeal Regulation (EC) No 1206/2001 is repealed and replaced by Regulation (EU) 2020/1783 as of 1 July 2022. FROM WHEN DOES THE REGULATION APPLY? The regulation has applied since 1 January 2004 except for: Article 19 (concerning the creation by the Commission of a manual of implementing rules), Article 21 (a list of agreements or arrangements in force between EU countries that they must provide to the Commission) and Article 22 (information EU countries must provide to the Commission on rules governing the operation of their national courts and competent authorities), all of which have applied since 1 July 2001. Denmark is not participating in this regulation. BACKGROUND For more information, see: Taking of evidence in another EU country (European Commission). MAIN DOCUMENT Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (OJ L 174, 27.6.2001, pp. 1-24) Successive amendments to Regulation (EC) No 1206/2001 have been incorporated in the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000 (OJ L 324, 10.12.2007, pp. 79-120) See consolidated version. last update 11.12.2020


EUR-Lex - 32001D0470 - EN Avis juridique important | 32001D0470 2001/470/EC: Council Decision of 28 May 2001 establishing a European Judicial Network in civil and commercial matters Official Journal L 174 , 27/06/2001 P. 0025 - 0031 Council Decisionof 28 May 2001establishing a European Judicial Network in civil and commercial matters(2001/470/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 61(c) and (d), 66 and 67(1) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Having regard to the opinion of the Economic and Social Committee(3),Whereas:(1) The European Union has set itself the objective of maintaining and developing the European Union as an area of freedom, security and justice, in which the free movement of persons is assured.(2) The gradual establishment of this area and the sound operation of the internal market entails the need to improve, simplify and expedite effective judicial cooperation between the Member States in civil and commercial matters.(3) The 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) which was adopted by the Council on 3 December 1998 and approved by the European Council on 11 and 12 December 1998 acknowledges that reinforcement of judicial cooperation in civil matters represents a fundamental stage in the creation of a European judicial area which will bring tangible benefits for every European Union citizen.(4) One of the measures provided for in paragraph 40 of the action plan is to examine the possibility of extending the concept of the European Judicial Network in criminal matters to embrace civil proceedings.(5) The conclusions of the special European Council held at Tampere on 15 and 16 October 1999 recommend the establishment of an easily accessible information system, to be maintained and updated by a Network of competent national authorities.(6) In order to improve, simplify and expedite effective judicial cooperation between the Member States in civil and commercial matters, it is necessary to establish at Community level a network cooperation structure - the European Judicial Network in civil and commercial matters.(7) This is a subject falling within the ambit of Articles 65 and 66 of the Treaty, and the measures are to be adopted in accordance with Article 67.(8) To ensure the attainment of the objectives of the European Judicial Network in civil and commercial matters, the rules governing its establishment should be laid down in a mandatory instrument of Community law.(9) The objectives of the proposed action, namely to improve effective judicial cooperation between the Member States and effective access to justice for persons engaging in cross-border litigation 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 Decision does not go beyond what is necessary in order to achieve those objectives.(10) The European Judicial Network in civil and commercial matters established by this Decision seeks to facilitate judicial cooperation between the Member States in civil and commercial matters both in areas to which existing instruments apply and in those where no instrument is currently applicable.(11) In certain specific areas, Community or international instruments relating to judicial cooperation in civil and commercial matters already provide for cooperation mechanisms. The European Judicial Network in civil and commercial matters does not set out to replace these mechanisms, and it must operate in full compliance with them. This Decision will consequently be without prejudice to Community or international instruments relating to judicial cooperation in civil or commercial matters.(12) The European Judicial Network in civil and commercial matters should be established in stages on the basis of the closest cooperation between the Commission and the Member States. It should be able to take advantage of modern communication and information technologies.(13) To attain its objectives, the European Judicial Network in civil and commercial matters needs to be supported by contact points designated by the Member States and to be sure of the participation of their authorities with specific responsibilities for judicial cooperation in civil and commercial matters. Contacts between them and periodic meetings are essential to the operation of the Network.(14) It is essential that efforts to establish an area of freedom, security and justice produce tangible benefits for persons engaging in cross-border litigation. It is accordingly necessary for the European Judicial Network in civil and commercial matters to promote access to justice. To this end, using the information supplied and updated by the contact points, the Network should progressively establish an information system that is accessible to the public, both the general public and specialists.(15) This Decision does not preclude the provision of other information than that which is provided for herein, within the European Judicial Network in civil and commercial matters and to the public. The enumeration in Title III is accordingly not to be regarded as exhaustive.(16) Processing of information and data should take place in compliance with Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and of the free movement of such data(5) and Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector(6).(17) To ensure that the European Judicial Network in civil and commercial matters remains an effective instrument, incorporates the best practice in judicial cooperation and internal operation and meets the public's expectations, provision should be made for periodic evaluations and for proposals for such changes as may be found necessary.(18) The United Kingdom and Ireland, in accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and to the Treaty establishing the European Community, have given notice of their wish to take part in the adoption and application of this Decision.(19) Denmark, in accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, is not participating in the adoption of this Decision and is therefore not bound by it nor subject to its application,HAS ADOPTED THIS DECISION:TITLE IPRINCIPLES OF THE EUROPEAN JUDICIAL NETWORK IN CIVIL AND COMMERCIAL MATTERSArticle 1Establishment1. A European Judicial Network in civil and commercial matters ("the Network") is hereby established among the Member States.2. In this Decision, the term "Member State" shall mean Member States with the exception of Denmark.Article 2Composition1. The Network shall be composed of:(a) contact points designated by the Member States, in accordance with paragraph 2;(b) central bodies and central authorities provided for in Community instruments, instruments of international law to which the Member States are parties or rules of domestic law in the area of judicial cooperation in civil and commercial matters;(c) the liaison magistrates to whom Joint Action 96/277/JAI of 22 April 1996 concerning a framework for the exchange of liaison magistrates to improve judicial cooperation between the Member States of the European Union(7) applies, where they have responsibilities in cooperation in civil and commercial matters;(d) any other appropriate judicial or administrative authority with responsibilities for judicial cooperation in civil and commercial matters whose membership of the Network is considered to be useful by the Member State to which it belongs.2. Each Member State shall designate a contact point. Each Member State may, however, designate a limited number of other contact points if they consider this necessary on the basis of the existence of separate legal systems, the domestic distribution of jurisdiction, the tasks to be entrusted to the contact points or in order to associate judicial bodies that frequently deal with cross-border litigation directly with the activities of the contact points.Where a Member State designates several contact points, it shall ensure that appropriate coordination mechanisms apply between them.3. The Member States shall identify the authorities mentioned at points (b) and (c) of paragraph 1.4. The Member States shall designate the authorities mentioned at point (d) of paragraph 1.5. The Member States shall notify the Commission, in accordance with Article 20, of the names and full addresses of the authorities referred to in paragraph 1, specifying:(a) the communication facilities available to them;(b) their knowledge of languages; and(c) where appropriate, their specific functions in the Network.Article 3Tasks and activities of the Network1. The Network shall be responsible for:(a) facilitating judicial cooperation between the Member States in civil and commercial matters, including devising, progressively establishing and updating an information system for the members of the Network;(b) devising, progressively establishing and updating an information system that is accessible to the public.2. Without prejudice to other Community or international instruments relating to judicial cooperation in civil or commercial matters, the Network shall develop its activities for the following purposes in particular:(a) the smooth operation of procedures having a cross-border impact and the facilitation of requests for judicial cooperation between the Member States, in particular where no Community or international instrument is applicable;(b) the effective and practical application of Community instruments or conventions in force between two or more Member States;(c) the establishment and maintenance of an information system for the public on judicial cooperation in civil and commercial matters in the European Union, relevant Community and international instruments and the domestic law of the Member States, with particular reference to access to justice.Article 4Modus operandi of the NetworkThe Network shall accomplish its tasks in particular by the following means:1. it shall facilitate appropriate contacts between the authorities of the Member States mentioned in Article 2(1) for the accomplishment of the tasks provided for by Article 3;2. it shall organise periodic meetings of the contact points and of the members of the Network in accordance with the rules laid down in Title II;3. it shall draw up and keep updated the information on judicial cooperation in civil and commercial matters and the legal systems of the Member States referred to in Title III, in accordance with the rules laid down in that Title.Article 5Contact points1. The contact points shall be at the disposal of the authorities referred to in Article 2(1)(b) to (d) for the accomplishment of the tasks provided for by Article 3.The contact points shall also be at the disposal of the local judicial authorities in their own Member State for the same purposes, in accordance with rules to be determined by each Member State.2. In particular, the contact points shall:(a) supply the other contact points, the authorities mentioned in Article 2(1)(b) to (d) and the local judicial authorities in their own Member State with all the information needed for sound judicial cooperation between the Member States in accordance with Article 3, in order to assist them in preparing operable requests for judicial cooperation and in establishing the most appropriate direct contacts;(b) seek solutions to difficulties arising on the occasion of a request for judicial cooperation, without prejudice to paragraph 4 of this Article and to Article 6;(c) facilitate coordination of the processing of requests for judicial cooperation in the relevant Member State, in particular where several requests from the judicial authorities in that Member State fall to be executed in another Member State;(d) collaborate in the organisation of, and participate in, the meetings referred to in Article 9;(e) assist with the preparation and updating of the information referred to in Title III, and in particular with the information system for the public, in accordance with the rules laid down in that Title.3. Where a contact point receives a request for information from another member of the Network to which it is unable to respond, it shall forward it to the contact point or the member of the Network which is best able to respond to it. The contact point shall remain available for any such assistance as may be useful for subsequent contacts.4. In areas where Community or international instruments governing judicial cooperation already provide for the designation of authorities responsible for facilitating judicial cooperation, contact points shall address requesters to such authorities.Article 6Relevant authorities for the purposes of Community or international instruments relating to judicial cooperation in civil and commercial matters1. The involvement of relevant authorities provided for by Community or international instruments relating to judicial cooperation in civil and commercial matters in the Network shall be without prejudice to the powers conferred on them by the instrument providing for their designation.Contacts within the Network shall be without prejudice to regular or occasional contacts between these authorities.2. In each Member State the authorities provided for by Community or international instruments relating to judicial cooperation in civil and commercial matters and the contact points of the Network shall engage in regular exchanges of views and contacts to ensure that their respective experience is disseminated as widely as possible.3. The contact points of the Network shall be at the disposal of the authorities provided for by Community or international instruments relating to judicial cooperation in civil and commercial matters and shall assist them in all practicable ways.Article 7Language knowledge of the contact pointsTo facilitate the practical operation of the Network, each Member State shall ensure that the contact points have adequate knowledge of an official language of the institutions of the European Community other than their own, given that they need to be able to communicate with the contact points in other Member States.Member States shall facilitate and encourage specialised language training for contact point staff and promote exchanges of staff between contact points in the Member States.Article 8Communication facilitiesThe contact points shall use the most appropriate technological facilities in order to reply as efficiently and as swiftly as possible to requests made to them.TITLE IIMEETINGS WITHIN THE NETWORKArticle 9Meetings of the contact points1. The contact points of the Network shall meet no less of ten than once each half year, in accordance with Article 12.2. Each Member State shall be represented at these meetings by one or more contact points, who may be accompanied by other members of the Network, but there shall be no more than four representatives per Member State.3. The first meeting of the contact points shall be held no later than 1 March 2003 without prejudice to the possibility of prior preparatory meetings.Article 10Purpose of periodic meetings of contact points1. The purpose of the periodic meetings of contact points shall be to:(a) enable the contact points to get to know each other and exchange experience, in particular as regards the operation of the Network;(b) provide a platform for discussion of practical and legal problems encountered by the Member States in the course of judicial cooperation, with particular reference to the application of measures adopted by the European Community;(c) identify best practices in judicial cooperation in civil and commercial matters and ensure that relevant information is disseminated within the Network;(d) exchange data and views, in particular on the structure, organisation and content of and access to the available information mentioned in Title III;(e) draw up guidelines for progressively establishing the practical information sheets provided for by Article 15, in particular as regards the subject matter to be covered and the form of such information sheets;(f) identify specific initiatives other than those referred to in Title III which pursue comparable objectives.2. The Member States shall ensure that experience in the operation of specific cooperation mechanisms provided for by Community or international instruments is shared at meetings of the contact points.Article 11Meetings of members of the Network1. Meetings open to all members of the Network shall be held to enable them to get to know each other and exchange experience, to provide a platform for discussion of practical and legal problems met and to deal with specific questions.Meetings can also be held on specific issues.2. Meetings shall be convened, where appropriate, in accordance with Article 12.3. The Commission, in close cooperation with the Presidency of the Council and with the Member States, shall fix for each meeting the maximum number of participants.Article 12Organisation and proceedings of meetings of the Network1. The Commission, in close cooperation with the Presidency of the Council and with the Member States, shall convene the meetings provided for by Articles 9 and 11. It shall chair them and provide secretarial services.2. Before each meeting the Commission shall prepare the draft agenda in agreement with the Presidency of the Council and in consultation with the Member States via their respective contact points.3. The contact points shall be notified of the agenda prior to the meeting. They may ask for changes to be made or for additional items to be entered.4. After each meeting the Commission shall prepare a record, which shall be notified to the contact points.5. Meetings of the contact points and of members of the Network may take place in any Member State.TITLE IIIINFORMATION AVAILABLE WITHIN THE NETWORK, AND INFORMATION SYSTEM FOR THE PUBLICArticle 13Information disseminated within the Network1. The information disseminated within the network shall include:(a) the information referred to in Article 2(5);(b) any further information deemed useful by the contact points for the proper functioning of the Network.2. For the purpose of paragraph 1, the Commission shall progressively establish a secure limited-access electronic information exchange-system in consultation with the contact points.Article 14Information system for the public1. An Internet-based information system for the public, including the dedicated website for the Network, shall be progressively established in accordance with Articles 17 and 18.2. The information system shall comprise the following elements:(a) Community instruments in force or in preparation relating to judicial cooperation in civil and commercial matters;(b) national measures for the domestic implementation of the instruments in force referred to in point (a);(c) international instruments in force relating to judicial cooperation in civil and commercial matters to which the Member States are parties, and declarations and reservations made in connection with such instruments;(d) the relevant elements of Community case-law in the area of judicial cooperation in civil and commercial matters;(e) the information sheets provided for by Article 15.3. For the purposes of access to the information mentioned in paragraph 2(a) to (d), the Network should, where appropriate, in its site, make use of links to other sites where the original information is to be found.4. The site dedicated to the Network shall likewise facilitate access to comparable public information initiatives in related matters and to sites containing information relating to the legal systems of the Member States.Article 15Information sheets1. The information sheets shall be devoted by way of priority to questions relating to access to justice in the Member States and shall include information on the procedures for bringing cases in the courts and for obtaining legal aid, without prejudice to other Community initiatives, to which the Network shall have the fullest regard.2. Information sheets shall be of a practical and concise nature. They shall be written in easily comprehensible language and contain practical information for the public. They shall progressively be produced on at least the following subjects:(a) principles of the legal system and judicial organisation of the Member States;(b) procedures for bringing cases to court, with particular reference to small claims, and subsequent court procedures, including appeal possibilities and procedures;(c) conditions and procedures for obtaining legal aid, including descriptions of the tasks of non-governmental organisations active in this field, account being taken of work already done in the Dialogue with Citizens;(d) national rules governing the service of documents;(e) rules and procedures for the enforcement of judgments given in other Member States;(f) possibilities and procedures for obtaining interim relief measures, with particular reference to seizures of assets for the purposes of enforcement;(g) alternative dispute-settlement possibilities, with an indication of the national information and advice centres of the Community-wide Network for the Extra-Judicial Settlement of Consumer Disputes;(h) organisation and operation of the legal professions.4. The information sheets shall, where appropriate, include elements of the relevant case-law of the Member States.5. The information sheets may provide more detailed information for the specialists.Article 16Updating of informationAll information distributed within the Network and to the public under Articles 13 to 15 shall be updated regularly.Article 17Role of the Commission in the public information systemThe Commission shall:1. be responsible for managing the information system for the public;2. construct, in consultation with the contact points, a dedicated website for the Network on its Internet site;3. provide information on relevant aspects of Community law and procedures, including Community case-law, in accordance with Article 14;4. (a) ensure that the format of the information sheets is consistent and that they include all information considered necessary by the Network;(b) thereafter arrange for them to be translated into the other official languages of the Institutions of the Community, and install them on the site dedicated to the Network.Article 18Role of contact points in the public information systemContact points shall ensure that1. the appropriate information needed to create and operate the information system is supplied to the Commission;2. the information installed in the system is accurate;3. the Commission is notified forthwith of any updates as soon as an item of information requires changing;4. the information sheets relating to their respective Member States are progressively established, according to the guidelines referred to in Article 10(1)(e);5. the broadest possible dissemination of the information sheets installed on the site dedicated to the Network is arranged in their Member State.TITLE IVFINAL PROVISIONSArticle 19Review1. No later than 1 December 2005, and at least every five years thereafter, the Commission shall present to the European Parliament, the Council and the Economic and Social Committee a report on the application of this Decision on the basis of information supplied by the contact points. The report shall be accompanied if need be by proposals for adaptations.2. The report shall consider, among other relevant matters, the question of possible direct public access to the contact points of the Network, access to and involvement of the legal professions in its activities, and synergy with the Community-wide Network for the Extra-Judicial Settlement of Consumer Disputes. It shall also consider the relationship between the contact points of the Network and the competent authorities provided for in Community or international instruments relating to judicial cooperation in civil and commercial matters.Article 20Establishment of the basic components of the NetworkNo later than 1 June 2002, the Member States shall notify the Commission of the information required by Article 2(5).Article 21Date of applicationThis Decision shall apply from 1 December 2002, except for Articles 2 and 20 which shall apply from the date of notification of the Decision to the Member States to which it is addressed.This Decision is addressed to the Member States in accordance with the Treaty establishing the European Community.Done at Brussels, 28 May 2001.For the CouncilThe PresidentT. Bodström(1) OJ C 29 E, 30.1.2001, p. 281.(2) Opinion delivered on 5 April 2001 (not yet published in the Official Journal).(3) OJ C 139, 11.5.2001, p. 6.(4) OJ C 19, 23.1.1999, p. 1.(5) OJ L 281, 23.11.1995, p. 31.(6) OJ L 24, 30.1.1998, p. 1.(7) OJ L 105, 27.4.1996, p. 1.

Summary: European Judicial Network — civil and commercial matters European Judicial Network — civil and commercial matters SUMMARY OF: Decision 2001/470/EC establishing a European Judicial Network in civil and commercial matters (EJN-civil) WHAT IS THE AIM OF THIS DECISION? It establishes the European Judicial Network to improve legal cooperation in civil and commercial matters* between EU countries. KEY POINTS The EJN-civil is an informal, flexible structure, whose aim is to simplify and strengthen judicial cooperation between EU countries. It facilitates contacts between different national courts via a network of national contact points. The main tasks of the EJN-civil are to: facilitate judicial cooperation in cross-border cases e.g. providing assistance with the serving of documents or taking of evidence; inform EU citizens on cross-border access to justice, mainly through factsheets and citizens’ guides on specific EU laws, published on the EU e-Justice portal; assess and share experience on the application of EU law in order to identify weaknesses and explore ways of strengthening EU law. The EJN-civil is composed of contact points and relevant bodies specialised in EU civil and commercial law from the EU countries, e.g.: judicial or administrative bodies in EU countries responsible for judicial cooperation; professional associations of lawyers directly involved in the application of EU civil and commercial law. Denmark does not participate in the EJN-civil. Regarding organisation, the EJN-civil carries out its activities through regular meetings of the contact points, mainly in Brussels. The secretariat of the EJN-civil is managed by the European Commission which liaises with the contact points on the work and priorities of the network. FROM WHEN DOES THE DECISION APPLY? It has applied since 1 December 2002. BACKGROUND EJN in civil and commercial matters * KEY TERMS Civil and commercial law: laws affecting citizens and business, excluding criminal law, family law, bankruptcy and inheritance law. MAIN DOCUMENT Council Decision 2001/470/EC of 28 May 2001 establishing a European Judicial Network in civil and commercial matters (OJ L 174, 27.6.2001, pp. 25–31) Successive amendments to Decision 2001/470/EC have been incorporated into the basic text. This consolidated version is for reference only. last update 02.08.2016


EUR-Lex - 32001D0419 - EN Avis juridique important | 32001D0419 2001/419/JHA: Council Decision of 28 May 2001 on the transmission of samples of controlled substances Official Journal L 150 , 06/06/2001 P. 0001 - 0003 Council Decisionof 28 May 2001on the transmission of samples of controlled substances(2001/419/JHA)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Articles 30, 31 and 34(2)(c) thereof,Having regard to the initiative of the Kingdom of Sweden,Having regard to the opinion of the European Parliament(1),Whereas:(1) The fight against the illicit production and trafficking of drugs is a matter of common concern for law enforcement and justice authorities in the Member States.(2) The possibility of legally transmitting samples of seized controlled substances between the authorities of the Member States for the purposes of detection, investigation and prosecution of criminal offences or for the forensic analysis of samples would increase the effectiveness of the fight against the illicit production and trafficking of drugs.(3) At present no legally binding rules exist regulating the transmission of seized controlled narcotic substance samples between the authorities of the Member States. A system should therefore be created at European Union level to allow for the legal transmission of such samples. Such system should apply to all forms of transmission of samples of seized controlled substances between Member States. Transmission should be based on agreement between the sending and the receiving Member State.(4) Transmission should take place in a manner that is secure and guarantees that the transported samples cannot be abused,HAS DECIDED AS FOLLOWS:Article 1Establishment of a system for the transmission of samples1. This Decision establishes a system for the transmission between Member States of samples of controlled substances.2. Transmission of samples of controlled substances (hereinafter referred to as "samples") shall be considered lawful in all Member States when it is conducted in accordance with this Decision.Article 2DefinitionsFor the purposes of this Decision, controlled substances means:(a) any substance, natural or synthetic, mentioned in Schedules I or II of the United Nations Single Convention on Narcotic Drugs 1961, and that Convention as amended by the 1972 Protocol;(b) any substance mentioned in the revised Schedules I, II, III and IV of the United Nations Convention on Psychotropic Substances 1971;(c) any substance that is subject to control measures taken pursuant to Article 5(1) of Joint Action 97/396/JHA of 16 June 1997 concerning the information exchange, risk assessment and the control of new synthetic drugs(2).Article 3National contact points1. Each Member State shall designate a national contact point for the purposes of implementing this Decision.2. Information concerning the designated national contact points, including subsequent modifications, shall be transmitted to the General Secretariat of the Council which shall publish the information in the Official Journal.3. The national contact points shall, if appropriate in association with other relevant national bodies, be the sole bodies competent for authorising the transmission of samples under this Decision, notwithstanding relevant provisions on mutual legal assistance in criminal matters.Article 4Agreement to transmit samples and acknowledgement of receipt1. The national contact point of the Member State intending to send a sample and the national contact point of the Member State intended to receive a sample shall agree on the transport before the transmission takes place. For this purpose they shall make use of the Sample Transmission Form set out in the Annex.2. Where transmission of a sample involves transportation through the territory of another Member State (hereinafter referred as "transit Member State"), the national contact point of such a transit Member State shall subsequently be informed of the planned transport by the national contact point of the sending Member State. To that end, each transit Member State shall receive a copy of the duly completed Sample Transmission Form before the transmission begins.3. The receiving Member State shall acknowledge to the sending Member State the receipt of the sample.Article 5Means of transport1. Transport of samples shall take place in a secure way.2. The following means of transport shall be regarded as secure:(a) transport by an official of the sending or receiving Member State;(b) transport by courier;(c) transport by diplomatic bag;(d) transport by registered (express) mail.3. The duly completed Sample Transmission Form referred to in Article 4 shall accompany the sample during the entire transport.4. The authorities of the Member States involved shall not hinder or detain any transport accompanied by a duly completed Sample Transmission Form unless they have doubts as to whether the transport is carried out lawfully. In case of doubts as to the legal status of the Sample Transmission Form, the national contact point of the Member State detaining the transport shall, without delay, contact the national contact points of the Member States responsible for the completion of the Sample Transmission Form in order to clarify the issue.5. If the means of transport chosen is transport by an official of the sending or receiving Member State, that official shall not be permitted to wear a uniform. Further, he or she shall not carry out any operational tasks in connection with the transport unless this would be compatible with the applicable national legislation and agreed upon by the sending, transit or receiving Member States. When travelling by aircraft, only airline companies registered in one of the Member States shall be used.Article 6Quantity of the sample and its use1. A sample shall not exceed the quantity deemed necessary for law enforcement and judicial purposes or for the analysis of samples.2. The use of the sample within the receiving Member State shall be agreed between the sending and receiving Member States, it being understood that samples can be used for detection, investigation and prosecution of criminal offences or for the forensic analysis of samples.Article 7Evaluation1. This Decision shall be subject to evaluation within the Council after at least two and no more than five years after its entry into force.2. For the purpose of the evaluation the national contact point of each sending Member State shall hold in its archives a copy of every Sample Transmission Form issued during at least the previous five years.Article 8Entry into forceThis Decision shall take effect on 1 July 2001.Done at Brussels, 28 May 2001.For the CouncilThe PresidentT. Bodström(1) Opinion delivered 4 May 2001 (not yet published in the Official Journal).(2) OJ L 167, 25.6.1997, p. 1.ANNEX>PIC FILE= "L_2001150EN.000302.EPS">

Summary: Lawful transmission of samples of controlled substances Lawful transmission of samples of controlled substances This Decision establishes a system allowing for the lawful transmission of samples of illegal narcotic substances between Member States. By facilitating such exchanges between Member States the Council hopes to increase the effectiveness of the fight against the illicit production and trafficking of drugs. ACT Council Decision 2001/419/JAI of 28 May 2001 on the transmission of samples of controlled substances. SUMMARY In accordance with point 43 of the Conclusions of the Tampere European Council and point 4.1.1.4 of the European Union anti-drugs action plan 2000 - 04, and in view of the fact that the fight against drugs is a matter of common concern, this Decision establishes a system for the exchange of samples of controlled products with a view to preventing and detecting criminal offences. For the purposes of this Decision, "controlled substance" means any substance, natural or synthetic, mentioned in the 1961 United Nations Convention on Narcotic Drugs, as amended by the 1972 protocol; any substance mentioned in the 1971 United Nations Convention on Psychotropic Substances; any substance coming under the scope of the Decision already taken or to be taken on the basis of Joint Action 97/396/JHA concerning the information exchange, risk assessment and the control of new synthetic drugs. To implement the network, each Member State must designate a national contact point, which is the sole body (if appropriate in association with other relevant national bodies) competent for authorising the transmission of samples under this Decision. The national contact points of the Member State sending the sample and the Member State receiving the sample must agree on the method of transport. However, each consignment must be accompanied by a transmission form, a model of which is annexed hereto. The following means of transport are regarded as sufficiently secure: transport by an official of the sending or receiving Member State; transport by courier; transport by diplomatic bag; transport by registered (express) mail. The sending and receiving States must agree on the use to be made of the sample, it being understood that samples can only be used for prevention, detection, investigation and prosecution of criminal offences. Moreover, the sending State may not dispatch a quantity exceeding the amount required for the work of law enforcement or judicial authorities. The sending State must keep a copy of every transmission form issued for at least five years. Implementation of this Decision will be subject to evaluation by the Council after at least two and no more than five years after its entry into force. For more information, see the entry on the European network of laboratories responsible for profiling synthetic drugs. References Act Entry into force - Date of expiry Deadline for transposition in the Member States Official Journal Decision 2001/419/JAI 01.07.01 01.07.01 L 150, 06.06.01 RELATED ACTS Council Recommendation of 30 March 2004 regarding guidelines for taking samples of seized drugs [Official Journal C 86, 06.04.2004]. The Council recommends that Member States apply the guidelines adopted by the European Network of Forensic Science Institutes (ENFSI). These internationally accepted guidelines, which should be applied when samples are taken of drugs seized for analysis, should allow for information to be exchanged on the analysis of these samples and guarantee the chain of custody in the samples transmitted. List of national contact points referred to in Article 3(1) of the Council Decision of 28 May 2001 on the transmission of samples of controlled substances (2001/419/JAI) [Official Journal C 253 of 22 October 2002]. last update 27.03.2007


EUR-Lex - 32001L0040 - EN Avis juridique important | 32001L0040 Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals Official Journal L 149 , 02/06/2001 P. 0034 - 0036 Council Directive 2001/40/ECof 28 May 2001on the mutual recognition of decisions on the expulsion of third country nationalsTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 63(3) thereof,Having regard to the initiative of the French Republic(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) The Treaty stipulates that the Council is to adopt measures on immigration policy within areas comprising conditions of entry and residence as well as illegal immigration and illegal residence.(2) The Tampere European Council on 15 and 16 October 1999 reaffirmed its resolve to create an area of freedom, security and justice. For that purpose, a common European policy on asylum and migration should aim both at fair treatment of third country nationals and better management of migration flows.(3) The need to ensure greater effectiveness in enforcing expulsion decisions and better cooperation between Member States entails mutual recognition of expulsion decisions.(4) Decisions on the expulsion of third country nationals have to be adopted in accordance with fundamental rights, as safeguarded by the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950, in particular Articles 3 and 8 thereof, and the Geneva Convention relating to the Status of Refugees of 28 July 1951 and as they result from the constitutional principles common to the Member States.(5) In accordance with the principle of subsidiarity, the objective of the proposed action, namely cooperation between Member States on expulsion of third country nationals, cannot be sufficiently achieved by the Member States and can therefore, by reason of the effects of the envisaged action, be better achieved by the Community. This Directive does not go beyond what is necessary to achieve that objective.(6) 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 has given notice by letter of 18 October 2000 of its wish to take part in the adoption and application of this Directive.(7) 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 is not participating in the adoption of this Directive, and is therefore not bound by it or subject to its application. Given that this Directive aims to build upon the Schengen acquis under the provisions of Title IV of the Treaty establishing the European Community, in accordance with Article 5 of the abovementioned Protocol, Denmark will decide within a period of six months after the Council has adopted this Directive whether it will transpose this decision into its national law.(8) As regards the Republic of Iceland and the Kingdom of Norway, this Directive constitutes a development of the Schengen acquis within the meaning of the agreement concluded on 18 May 1999 between the Council of the European Union and those two States. As a result of the procedures laid down in the agreement, the rights and obligations arising from this Directive should also apply to those two States and in relations between those two States and the Member States of the European Community to which this Directive is addressed,HAS ADOPTED THIS DIRECTIVE:Article 11. Without prejudice to the obligations arising from Article 23 and to the application of Article 96 of the Convention implementing the Schengen Agreement of 14 June 1985, signed at Schengen on 19 June 1990, hereinafter referred to as the "Schengen Convention", the purpose of this Directive is to make possible the recognition of an expulsion decision issued by a competent authority in one Member State, hereinafter referred to as the "issuing Member State", against a third country national present within the territory of another Member State, hereinafter referred to as the "enforcing Member State".2. Any decision taken pursuant to paragraph 1 shall be implemented according to the applicable legislation of the enforcing Member State.3. This Directive shall not apply to family members of citizens of the Union who have exercised their right of free movement.Article 2For the purposes of this Directive,(a) "third country national" shall mean anyone who is not a national of any of the Member States;(b) "expulsion decision" shall mean any decision which orders an expulsion taken by a competent administrative authority of an issuing Member State;(c) "enforcement measure" shall mean any measure taken by the enforcing Member State with a view to implementing an expulsion decision.Article 31. The expulsion referred to in Article 1 shall apply to the following cases:(a) a third country national is the subject of an expulsion decision based on a serious and present threat to public order or to national security and safety, taken in the following cases:- conviction of a third country national by the issuing Member State for an offence punishable by a penalty involving deprivation of liberty of at least one year,- the existence of serious grounds for believing that a third country national has committed serious criminal offences or the existence of solid evidence of his intention to commit such offences within the territory of a Member State.Without prejudice to Article 25(2) of the Schengen Convention, if the person concerned holds a residence permit issued by the enforcing Member State or by another Member State, the enforcing State shall consult the issuing State and the State which issued the permit. The existence of an expulsion decision taken under this point shall allow for the residence permit to be withdrawn if this is authorised by the national legislation of the State which issued the permit;(b) a third country national is the subject of an expulsion decision based on failure to comply with national rules on the entry or residence of aliens.In the two cases referred to in (a) and (b), the expulsion decision must not have been rescinded or suspended by the issuing Member State.2. Member States shall apply this Directive with due respect for human rights and fundamental freedoms.3. This Directive shall be applied without prejudice to the provisions of the Convention Determining the State Responsible for Examining Applications for Asylum Lodged in one of the Member States of the European Communities and readmission agreements between Member States.Article 4The Member States shall ensure that the third country national concerned may, in accordance with the enforcing Member State's legislation, bring proceedings for a remedy against any measure referred to in Article 1(2).Article 5Protection of personal data and data security shall be ensured in accordance with Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(3).Without prejudice to Articles 101 and 102 of the Schengen Convention, personal data files shall be used in the context of this Directive only for the purposes laid down therein.Article 6The authorities of the issuing Member State and of the enforcing Member State shall make use of all appropriate means of cooperation and of exchanging information to implement this Directive.The issuing Member State shall provide the enforcing Member State with all documents needed to certify the continued enforceability of the decision by the fastest appropriate means, where appropriate in accordance with the relevant provisions of the SIRENE Manual.The enforcing Member State shall first examine the situation of the person concerned to ensure that neither the relevant international instruments nor the national rules applicable conflict with the enforcement of the expulsion decision.After implementation of the enforcement measure, the enforcing Member State shall inform the issuing Member State.Article 7Member States shall compensate each other for any financial imbalances which may result from application of this Directive where expulsion cannot be effected at the expense of the national(s) of the third country concerned.In order to enable this Article to be implemented, the Council, acting on a proposal from the Commission, shall adopt appropriate criteria and practical arrangements before 2 December 2002. These criteria and practical arrangements shall also apply to the implementation of Article 24 of the Schengen Convention.Article 81. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 2 December 2002. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.2. Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field governed by this Directive.Article 9This Directive shall enter into force the day of its publication in the Official Journal of the European Communities.Article 10This Directive is addressed to the Member States, in accordance with the Treaty establishing the European Community.Done at Brussels, 28 May 2001.For the CouncilThe PresidentT. Bodström(1) OJ C 243, 24.8.2000, p. 1.(2) Opinion delivered on 13 March 2001 (not yet published in the Official Journal).(3) OJ L 281, 23.11.1995, p. 31.

Summary: Expulsion decisions — mutual recognition by EU countries Expulsion decisions — mutual recognition by EU countries SUMMARY OF: Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of non-EU nationals WHAT IS THE AIM OF THE DIRECTIVE? It aims to ensure that a decision by a European Union (EU) country to expel a non-EU national present in another EU country is respected and complied with. KEY POINTS The expulsion orders apply to non-EU citizens who: constitute a serious and present threat to public order or to national security and safety; have been convicted of an offence that carries a minimum one-year prison sentence; are believed, on the basis of serious grounds or solid evidence, to have committed, or intend to commit, such offences; fail to comply with national entry or residence rules. If the individual concerned has a valid residence permit, the country imposing the expulsion must consult the country which issued the permit. EU countries applying the legislation must: respect human rights and fundamental freedoms; ensure the individual concerned can appeal against the expulsion order; protect personal data and data security; use all appropriate forms of cooperation and information exchange to implement the legislation; compensate each other for financial costs involved. The arrangements are set out in Council Decision 2004/191/EC The country issuing the expulsion order must provide the country enforcing it with all the necessary documents as quickly as possible. The country enforcing the decision must ensure this does not violate the relevant international or national rules. The legislation does not apply to family members of EU citizens. Council Directive 2003/110/EC sets out the transit arrangements for illegal non-EU residents removed by air via another EU country. Directive 2008/115/EC sets common standards and procedures for returning non-EU nationals that stay illegally. Regulation (EU) No 604/2013 (Dublin III Regulation) lays down the criteria and procedures to determine which EU country is responsible for examining an asylum application. In September 2005, the Council of Europe issued 20 guidelines on forced returns. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 2 June 2001. EU countries had to incorporate it into national law by 2 December 2002. BACKGROUND UK and Ireland, although not in the Schengen passport-free area, apply the legislation and participate in its arrangements, as do Iceland and Norway, while Denmark does not. MAIN DOCUMENT Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals (OJ L 149, 2.6.2001, pp. 34–36) RELATED DOCUMENTS Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by air (OJ L 321, 6.12.2003, pp. 26–31) Council Decision 2004/191/EC of 23 February 2004 setting out the criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third-country nationals (OJ L 60, 27.2.2004, pp. 55–57) Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, pp. 98–107) Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (OJ L 180, 29.6.2013, pp. 31–59) last update 09.01.2017