3.10.2007 EN Official Journal of the European Union L 257/16 DECISION No 1149/2007/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 September 2007 establishing for the period 2007-2013 the Specific Programme ‘Civil Justice’ as part of the General Programme ‘Fundamental Rights and Justice’ THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 61(c) and Article 67(5) thereof, Having regard to the proposal from the Commission, Acting in accordance with the procedure laid down in Article 251 of the Treaty (1), 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 assured. To this end, the Community is to adopt, inter alia, measures in the field of judicial cooperation in civil matters necessary for the proper functioning of the internal market. (2) Following previous programmes, such as Grotius (2) and the Robert Schuman project (3), Council Regulation (EC) No 743/2002 (4) established, for the period 2002-2006, a general Community framework of activities to facilitate the implementation of judicial cooperation in civil matters. (3) The Brussels European Council of 4 and 5 November 2004 adopted the Hague Programme: Strengthening freedom, security and justice in the European Union (5) (hereinafter referred to as ‘the Hague Programme’). (4) In June 2005, the Council and the Commission adopted the Action Plan implementing the Hague Programme (6). (5) The ambitious objectives set by the Treaty and the Hague Programme should be achieved through the establishment of a flexible and effective programme that will facilitate planning and implementation. (6) The programme ‘Civil Justice’ should provide for initiatives taken by the Commission, in compliance with the principle of subsidiarity, for actions in support of organisations promoting and facilitating judicial cooperation in civil matters, and for actions in support of specific projects. (7) A general programme in the field of civil justice aimed at better mutual understanding of the legal and judicial systems of the Member States will contribute to lowering the barriers to judicial cooperation in civil matters, which will improve the functioning of the internal market. (8) According to the Hague Programme, strengthening mutual confidence requires an explicit effort to improve mutual understanding among judicial authorities and different legal systems. European networks of national public authorities should be given special attention and support in this respect. (9) This Decision should provide for the possibility to co-finance the activities of certain European networks to the extent that the expenditure is incurred in pursuing an objective of general European interest. However, such co-financing should not imply that a future programme would cover such networks, nor should it prevent other European networks from benefiting from support to their activities in accordance with this Decision. (10) Any institution, association or network receiving a grant under the programme ‘Civil Justice’ should acknowledge the Community support received in accordance with the visibility guidelines to be laid down by the Commission. (11) This Decision lays down, for the entire duration of the programme, a financial envelope constituting the prime reference, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (7), for the budgetary authority during the annual budgetary procedure. (12) Since the objectives of this Decision cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the programme, 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. (13) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (8) (hereinafter referred to as ‘the Financial Regulation’) and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 (9), which safeguard the Community financial interests, have to be applied taking into account the principles of simplicity and consistency in the choice of budgetary instruments, a limitation on the number of cases where the Commission retains direct responsibility for implementation and management, and the required proportionality between the level of resources and the administrative burden related to their use. (14) Appropriate measures should also be taken to prevent irregularities and fraud, and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the Communities’ financial interests (10), Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (11) and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (12). (15) The Financial Regulation requires a basic act to be provided to cover operating grants. (16) The measures necessary for the implementation of this Decision 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 (13), with a distinction being made between those measures which are subject to the management procedure and those which are subject to the advisory procedure, the advisory procedure being in certain cases, with a view to increased efficiency, the more appropriate. (17) In accordance with Article 7(3) of Decision 1999/468/EC, the European Parliament should be informed by the Commission of committee proceedings relating to the implementation of this programme. In particular, the European Parliament should receive the draft annual programme when it is submitted to the management committee. In addition, the European Parliament should receive the results of voting and summary records of the meetings of that committee. (18) 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, the United Kingdom and Ireland have notified their wish to take part in the adoption and application of this Decision. (19) 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, Denmark does not take part in the adoption of this Decision and is not bound by it or subject to its application. (20) The European Economic and Social Committee has delivered an opinion on this Decision (14). (21) In order to ensure the effective and timely implementation of this programme, this Decision should apply from 1 January 2007, HAVE DECIDED AS FOLLOWS: Article 1 Establishment of the Programme 1. This Decision establishes the Specific Programme ‘Civil Justice’, hereinafter referred to as ‘the Programme’, as part of the General Programme ‘Fundamental Rights and Justice’, in order to contribute to the progressive establishment of the area of freedom, security and justice. 2. The Programme shall cover the period from 1 January 2007 to 31 December 2013. 3. In this Decision, the term ‘Member State’ shall mean Member States with the exception of Denmark. Article 2 General objectives 1. The Programme shall have the following general objectives: (a) to promote judicial cooperation with the aim of contributing to the creation of a genuine European area of justice in civil matters based on mutual recognition and mutual confidence; (b) to promote the elimination of obstacles to the good functioning of cross-border civil proceedings in the Member States; (c) to improve the daily life of individuals and businesses by enabling them to assert their rights throughout the European Union, notably by fostering access to justice; (d) to improve the contacts, exchange of information and networking between legal, judicial and administrative authorities and the legal professions, including by way of support of judicial training, with the aim of better mutual understanding among such authorities and professionals. 2. Without prejudice to the objectives and powers of the Community, the general objectives of the Programme shall contribute to the development of Community policies, and more specifically to the creation of a judicial area. Article 3 Specific objectives The Programme shall have the following specific objectives: (a) to foster judicial cooperation in civil matters aiming at: (i) ensuring legal certainty and improving access to justice; (ii) promoting mutual recognition of decisions in civil and commercial cases; (iii) eliminating obstacles to cross-border litigation created by disparities in civil law and civil procedures and promoting the necessary compatibility of legislation for that purpose; (iv) guaranteeing a proper administration of justice by avoiding conflicts of jurisdiction; (b) to improve mutual knowledge of Member States’ legal and judicial systems in civil matters and to promote and strengthen networking, mutual cooperation, exchange and dissemination of information, experience and best practices; (c) to ensure the sound implementation, the correct and concrete application and the evaluation of Community instruments in the area of judicial cooperation in civil and commercial matters; (d) to improve information on the legal systems in the Member States and access to justice; (e) to promote the training of legal practitioners in Union and Community law; (f) to evaluate the general conditions necessary to reinforce mutual confidence, while fully respecting the independence of the judiciary; (g) to facilitate the operation of the European Judicial Network in civil and commercial matters established by Council Decision 2001/470/EC (15). Article 4 Actions With a view to pursuing the general and specific objectives set out in Articles 2 and 3, the Programme shall support the following types of action under the conditions set out in the annual work programmes referred to in Article 9(2): (a) specific actions initiated by the Commission, such as studies and research, opinion polls and surveys, formulation of indicators and common methodologies, collection, development and dissemination of data and statistics, seminars, conferences and expert meetings, organisation of public campaigns and events, development and maintenance of websites, preparation and dissemination of information material, support for and management of networks of national experts, analytical, monitoring and evaluation activities; or (b) specific transnational projects of Community interest presented by an authority or any other body of a Member State, an international organisation or a non-governmental organisation, and involving in any case at least two Member States or at least one Member State and one other State which may be either an acceding country or a candidate country; or (c) the activities of non-governmental organisations or other entities pursuing an aim of general European interest in accordance with the general objectives of the Programme under the conditions set out in the annual work programmes; or (d) operating grants to co-finance expenditure associated with the permanent work programmes of the European Network of Councils for the Judiciary and the Network of the Presidents of the Supreme Judicial Courts of the European Union, insofar as it is incurred in pursuing an objective of general European interest by promoting exchanges of views and experience on matters concerning case-law and the organisation and functioning of the members of those networks in the performance of their judicial and/or advisory functions with regard to Community law. Article 5 Participation 1. The following countries may participate in the actions of the Programme: the acceding countries, the candidate countries and the Western Balkan countries included in the stabilisation and association process in accordance with the conditions laid down in the association agreements or additional protocols thereto relating to participation in Community programmes concluded or to be concluded with those countries. 2. Projects may associate legal practitioners from Denmark, from candidate countries not participating in the Programme where this would contribute to their preparation for accession, or from other third countries not participating in the Programme where this serves the aim of the projects. Article 6 Target groups 1. The Programme is targeted at, inter alia, legal practitioners, national authorities and the citizens of the Union in general. 2. For the purposes of this Decision, ‘legal practitioners’ shall mean judges, prosecutors, advocates, solicitors, notaries, academic and scientific personnel, ministry officials, court officers, bailiffs, court interpreters and other professionals associated with the judiciary in the area of civil law. Article 7 Access to the Programme Access to the Programme shall be open to institutions and public or private organisations, including professional organisations, universities, research institutes and legal and judicial training institutes for legal practitioners, international organisations and non-governmental organisations of the Member States. Article 8 Types of intervention 1. Community financing may take the following legal forms: (a) grants; (b) public procurement contracts. 2. Community grants shall be awarded further to calls for proposals and shall be provided through operating grants and grants to actions. The maximum rate of co-financing shall be specified in the annual work programmes. 3. Furthermore, provision shall be made for expenditure on accompanying measures, by means of public procurement contracts, in which case Community financing shall cover the purchase of goods and services. This shall cover, inter alia, expenditure on information and communication, preparation, implementation, monitoring, checking and evaluation of projects, policies, programmes and legislation. Article 9 Implementing measures 1. The Commission shall implement the Community financial support in accordance with the Financial Regulation. 2. To implement the Programme, the Commission shall, within the limits of the general objectives set out in Article 2, adopt annual work programmes specifying specific objectives, thematic priorities, the accompanying measures referred to in Article 8(3) and, if necessary, a list of other actions. 3. The annual work programmes shall be adopted in accordance with the procedure referred to in Article 10(2). 4. The evaluation and award procedures relating to grants to actions shall take into account, inter alia, the following criteria: (a) conformity of the proposed action with the annual work programme, the objectives set out in Articles 2 and 3 and the types of action set out in Article 4; (b) quality of the proposed action in terms of its design, organisation, presentation and expected results; (c) amount requested for Community financing and its appropriateness in relation to expected results; (d) impact of the expected results on the objectives set out in Articles 2 and 3 and on the actions referred to in Article 4. 5. Applications for operating grants referred to in Article 4(d) shall be assessed in the light of: (a) consistency with the objectives of the Programme; (b) quality of the planned activities; (c) likely multiplier effect on the public of these activities; (d) geographical impact of the activities carried out; (e) citizens’ involvement in the organisation of the bodies concerned; (f) cost/benefit ratio of the activity proposed. 6. The Commission shall examine each of the proposed actions submitted to it under Article 4(b) and (c). Decisions relating to these actions shall be adopted in accordance with the procedure referred to in Article 11(2). Article 10 Management Committee 1. The Commission shall be assisted by a Management Committee. 2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months. Article 11 Advisory Committee 1. The Commission shall be assisted by an Advisory Committee. 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. Article 12 Complementarity 1. Synergies and complementarity shall be sought with other Community instruments, in particular the Specific Programme ‘Criminal Justice’ as part of the General Programme ‘Fundamental Rights and Justice’, and the General Programmes ‘Security and Safeguarding Liberties’ and ‘Solidarity and Management of Migration Flows’. The statistical element of information on civil justice shall be developed in collaboration with Member States, using as necessary the Community Statistical Programme. 2. The Programme may exceptionally share resources with other Community instruments, in particular the Specific Programme ‘Criminal Justice’, as part of the General Programme ‘Fundamental Rights and Justice’, in order to implement actions meeting the objectives of both Programmes. 3. Operations financed under this Decision shall not receive financial support for the same purpose from other Union or Community financial instruments. The beneficiaries of the Programme shall provide the Commission with information about financing received from the general budget of the European Union and from other sources, as well as information about ongoing applications for financing. Article 13 Budgetary resources 1. The financial envelope for the implementation of this Decision shall be set at EUR 109 300 000 for the period set out in Article 1. 2. The budgetary resources allocated to the actions provided for in the Programme shall be entered in the annual appropriations of the general budget of the European Union. The available annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework. Article 14 Monitoring 1. The Commission shall ensure that for any action financed by the Programme, the beneficiary submits technical and financial reports on the progress of work and that a final report is submitted within three months of the completion of the action. The Commission shall determine the form and content of the reports. The Commission shall make the reports available to Member States. 2. Without prejudice to the audits carried out by the Court of Auditors in liaison with the competent national audit bodies or departments pursuant to Article 248 of the Treaty, or any inspection carried out pursuant to point (b) of the first subparagraph of Article 279(1) of the Treaty, officials and other staff of the Commission may carry out on-the-spot checks, including sample checks, on actions financed under the Programme. 3. The Commission shall ensure that contracts and agreements resulting from the implementation of the Programme provide in particular for supervision and financial control by the Commission (or any representative authorised by it), if necessary on-the-spot, and for audits by the Court of Auditors. 4. The Commission shall ensure that for a period of five years following the last payment in respect of any action, the beneficiary of financial support keeps available for the Commission all the supporting documents regarding expenditure on the action. 5. On the basis of the results of the reports and sample checks referred to in paragraphs 1 and 2, the Commission shall ensure that, if necessary, the scale or the conditions of allocation of the financial support originally approved and also the timetable for payments are adjusted. 6. The Commission shall ensure that every other step necessary to verify that the actions financed are carried out properly and in compliance with the provisions of this Decision and the Financial Regulation, is taken. Article 15 Protection of Community financial interests 1. The Commission shall ensure that, when actions financed under this Decision are implemented, the financial interests of the Community are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and by the recovery of the amounts wrongly paid and, if irregularities are detected, by effective, proportional and dissuasive penalties, in accordance with Regulations (EC, Euratom) No 2988/95, (Euratom, EC) No 2185/96 and (EC) No 1073/1999. 2. For the Community actions financed under this Decision, Regulations (EC, Euratom) No 2988/95 and (Euratom, EC) No 2185/96 shall apply to any infringement of a provision of Community law, including infringements of a contractual obligation stipulated on the basis of the Programme, resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the European Union or budgets managed by the European Communities by an unjustified item of expenditure. 3. The Commission shall ensure that the amount of financial support granted for an action is reduced, suspended or recovered if it finds irregularities, including non-compliance with the provisions of this Decision or the individual decision or the contract or agreement granting the financial support in question, or if it transpires that, without Commission approval having been sought, the action has been subjected to a change which conflicts with the nature or implementing conditions of the project. 4. If the time limits have not been observed or if only part of the allocated financial support is justified by the progress made with implementing an action, the beneficiary shall submit observations to the Commission within a specified period. If the beneficiary does not give a satisfactory answer, the Commission shall ensure that the remaining financial support may be cancelled and that sums already paid are demanded to be repaid. 5. The Commission shall ensure that any undue payment is repaid to the Commission. Interest shall be added to any sums not repaid in good time under the conditions laid down by the Financial Regulation. Article 16 Evaluation 1. The Programme shall be monitored regularly in order to follow the implementation of activities carried out under it. 2. The Commission shall ensure a regular, independent and external evaluation of the Programme. 3. The Commission shall submit to the European Parliament and the Council: (a) an annual presentation on the implementation of the Programme; (b) an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of the Programme, including on the work carried out by the beneficiaries of operating grants referred to in Article 4(d), not later than 31 March 2011; (c) a communication on the continuation of the Programme not later than 30 August 2012; (d) an ex-post evaluation report not later than 31 December 2014. Article 17 Publication of actions Each year the Commission shall publish a list of the actions financed under the Programme with a short description of each project. Article 18 Visibility The Commission shall lay down guidelines to ensure the visibility of the financial support granted under this Decision. Article 19 Entry into force This Decision shall enter into force on the twentieth day following its publication in the Official Journal of the European Union. It shall apply from 1 January 2007. Done at Strasbourg, 25 September 2007. For the European Parliament The President H.-G. PÖTTERING For the Council The President M. LOBO ANTUNES (1) Position of the European Parliament of 14 December 2006 (not yet published in the Official Journal), Council Common Position of 13 June 2007 (OJ C 171 E, 24.7.2007, p. 1) and Position of the European Parliament of 11 July 2007 (not yet published in the Official Journal). Council Decision of 18 September 2007. (2) Joint Action 96/636/JHA of 28 October 1996 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, on a programme of incentives and exchanges for legal practitioners (Grotius) (OJ L 287, 8.11.1996, p. 3); Council Regulation (EC) No 290/2001 of 12 February 2001 extending the programme of incentives and exchanges for legal practitioners in the area of civil law (Grotius-civil) (OJ L 43, 14.2.2001, p. 1). (3) Decision No 1496/98/EC of the European Parliament and of the Council of 22 June 1998 establishing an action programme to improve awareness of Community law within the legal professions (Robert Schuman project) (OJ L 196, 14.7.1998, p. 24). (4) OJ L 115, 1.5.2002, p. 1. (5) OJ C 53, 3.3.2005, p. 1. (6) OJ C 198, 12.8.2005, p. 1. (7) OJ C 139, 14.6.2006, p. 1. (8) OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1). (9) OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 478/2007 (OJ L 111, 28.4.2007, p. 13). (10) OJ L 312, 23.12.1995, p. 1. (11) OJ L 292, 15.11.1996, p. 2. (12) OJ L 136, 31.5.1999, p. 1. (13) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11). (14) OJ C 69, 21.3.2006, p. 1. (15) OJ L 174, 27.6.2001, p. 25.

Summary: Civil Justice specific programme (2007-2013) Civil Justice specific programme (2007-2013) The 'Civil Justice' programme fosters judicial cooperation through support for the training of legal practitioners and by strengthening networks for exchanging and disseminating information. As part of the general 'Fundamental Rights and Justice' programme, it contributes to the creation of a European area of justice in civil matters based on mutual recognition and confidence. ACT Decision No 1149/2007/EC of the European Parliament and of the Council of 25 September 2007 establishing for the period 2007-2013 the Specific Programme 'Civil Justice' as part of the General Programme 'Fundamental Rights and Justice'. SUMMARY The aim of the 'Civil Justice' programme is to maintain and strengthen an area of freedom, security and justice in the European Union. It covers the period from 1 January 2007 to 31 December 2013. The programme (which does not apply to Denmark) has four main general objectives: to foster judicial cooperation in civil matters in order to create a European area of justice based on mutual recognition and confidence; to eliminate obstacles to the good functioning of cross-border civil proceedings between Member States; to facilitate access to justice for individuals and businesses; to promote and strengthen contacts, networks and the sharing of information between judicial and administrative authorities and the legal profession so as to improve mutual knowledge and understanding. Encourage judicial cooperation in civil matters This decision fosters better administration of justice by preventing conflicts of jurisdiction, promoting recognition of judgments in civil and commercial matters, ensuring legal certainty, improving access to justice, eliminating obstacles to the good functioning of cross-border litigation and making Member States' legislation more compatible. The programme further aims to: improve mutual knowledge of national legal and judicial systems; promote training in Community law for legal practitioners; encourage networking, cooperation and exchanges of information and experience; ensure the sound implementation and assessment of EU actions; improve information on the legal systems in the Member States and access to justice; reinforce mutual confidence while respecting the independence of the judiciary; facilitate the operation of the European Judicial Network in civil and commercial matters. Achieve these objectives through concrete actions The Community supports actions initiated by the Commission, transnational projects presented by NGOs, international organisations or national partnerships (involving at least two Member States or one Member State and an acceding or candidate country) and the activities of NGOs or other bodies pursuing aims of general European interest, and helps finance the work of the European Network of Councils for the Judiciary (ENCJ) and the Network of the Presidents of the Supreme Judicial Courts of the European Union in pursuing objectives of general European interest. The 'Civil Justice' programme targets inter alia national authorities, legal practitioners and the citizens of the EU in general. Actions under the programme are open to acceding and candidate countries and the Western Balkan countries included in the stabilisation and association process (in accordance with the conditions laid down in the association agreements or additional protocols relating to participation in Community programmes concluded or to be concluded with those countries). Projects may associate legal practitioners from Denmark or candidate countries or third countries not participating in the programme. The programme is also open to public and private organisations, including professional associations, universities, research institutes and legal and judicial training institutes, legal practitioners, international organisations and NGOs. Projects are evaluated and awards made on the basis of: the conformity of the proposed action with the Commission's annual work programme, the quality of the proposed action (design, organisation and expected results), the amount of Community financing applied for and the link between the actions, the objectives and the expected results. Budgetary resources and protection of the Community's financial interests The Programme has a budget of EUR 109 300 000 for the period 2007-2013. Community financing can be in the form of operating grants or grants to actions following calls for proposals, or public procurement contracts for accompanying measures (purchase of goods and services). The Commission applies preventive measures against fraud, corruption and any other illegal activities. It carries out checks, recovers amounts wrongly paid, imposes penalties if it detects irregularities, and can, if time limits are not observed, cancel the remaining financial support, demand repayment of sums already paid, and add interest to delayed payments. Role of the Commission: monitoring and follow-up The Commission adopts an annual work programme specifying objectives, thematic priorities and accompanying measures. It is assisted, as appropriate, by a management or an advisory committee. It monitors and evaluates the programme and must submit to the European Parliament and the Council an annual report on the implementation of the programme, an interim evaluation report (not later than 31 March 2011), a communication on the continuation of the programme (not later than 30 August 2012) and an ex-post evaluation report (not later than 31 December 2014). It ensures that beneficiaries submit technical and financial reports on the progress of work, a final report and supporting documents regarding expenditures, and makes these available to the Member States. It also ensures that payment timetables and financing conditions are adjusted as required, monitors the implementation of the programme, publishes the list of actions financed each year and provides for audits by the Court of Auditors. Complementarity with other programmes The Commission seeks to ensure synergies and complementarity with the following programmes: 'Criminal Justice'. 'Security and Safeguarding Liberties'. 'Solidarity and Management of Migration Flows'. 'Community Statistical Programme'. (pdf). References Act Entry into force - Date of expiry Deadline for transposition in the Member States Official Journal Decision No 1149/2007/EC 1.1.2007-31.12.2013 - OJ L 257 of 3.10.2007 Last updated: 12.02.2008


24.2.2007 EN Official Journal of the European Union L 58/13 COUNCIL DECISION of 12 February 2007 establishing for the period 2007 to 2013, as part of the General Programme on Fundamental Rights and Justice, the Specific Programme ‘Criminal Justice’ (2007/126/JHA) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article 31 and Article 34(2)(c) thereof, Having regard to the proposal of the Commission, Having regard to the opinion of the European Parliament (1), Whereas: (1) Article 29 of the Treaty on European Union states that the Union's objective is to provide citizens with a high level of safety within an area of freedom, security and justice by developing common action among the Member States in the field of judicial cooperation in criminal matters. (2) According to Article 31 of the Treaty on European Union, common action in criminal matters shall include, in particular, cooperation between the competent authorities of the Member States. (3) Building on the conclusions of the Tampere European Council, The Hague Programme, adopted by the European Council in November 2004, reaffirms the priority of strengthening Freedom, Security and Justice in the European Union, in particular by enhancing judicial cooperation in criminal matters, based on the mutual recognition principle. (4) The framework programme established by Council Decision 2002/630/JHA of 22 July 2002 establishing a framework programme on police and judicial cooperation in criminal matters (AGIS) (2) has contributed considerably to strengthening cooperation between police and other law enforcement agencies and the judiciary in the Member States and to improving mutual understanding and mutual trust between their police, judicial, legal and administrative systems. (5) The ambitious objectives set by the Treaty on European Union and The Hague Programme should be realised through the establishment of a flexible and effective programme that will facilitate planning and implementation. (6) The programme should improve mutual confidence within the judiciary. Mutual confidence, according to the Hague Programme, should be strengthened by developing networks of judicial organisation and institutions, by improving training of judicial professions, by developing the evaluation of the implementation of EU policies in the field of justice, while fully respecting the independence of the judiciary by increasing research in the field of judicial cooperation, and by facilitating operational projects among Member States aiming at modernising justice. (7) The programme should also facilitate the implementation of the mutual recognition principle by improving mutual knowledge on previous convictions passed in the European Union, in particular through the creation of a computerised system of exchange of information on criminal records. (8) The European Judicial Training Network founded by institutions specifically responsible for the training of the professional judiciary of all Member States promotes a training programme for judges and public prosecutors with a genuine European dimension. This contributes to strengthening the mutual confidence and improves mutual understanding between judicial authorities and different legal systems. (9) Since the objectives of this Decision cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the programme, be better achieved at the level of European Union, the Council may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty establishing the European Community, made applicable to the Union by Article 2 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in Article 5 of the Treaty establishing the European Community, this Decision does not go beyond what is necessary in order to achieve those objectives. (10) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), hereinafter ‘the Financial Regulation’, and Commission Regulation (EC, Euratom) No 2342/2002 (4) of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002, which safeguard the Community's financial interests, applies taking into account the principles of simplicity and consistency in the choice of budgetary instruments, a limitation on the number of cases where the Commission retains direct responsibility for their implementation and management, and the required proportionality between the amount of resources and the administrative burden related to their use. (11) Appropriate measures should also be taken to prevent irregularities and fraud and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used in accordance with Council Regulations (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the Communities' financial interests (5), (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission (6) and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (7). (12) The Financial Regulation requires a basic act to be adopted to cover operating grants. (13) The measures required to implement this Decision should be adopted according to the procedures laid down in it, with the assistance of a committee. (14) It is appropriate to replace Decision 2002/630/JHA from 1 January 2007 by this Decision and by Decision establishing the Specific Programme ‘Prevention of and Fight against Crime’. (15) In order to ensure the effective and timely implementation of the programme, this Decision should apply from 1 January 2007, HAS DECIDED AS FOLLOWS: Article 1 Subject matter 1. This Decision establishes the Specific Programme ‘Criminal Justice’, hereinafter referred to as ‘the Programme’, as part of the General Programme on Fundamental Rights and Justice, in order to contribute to the strengthening of the area of Freedom, Security and Justice. 2. The Programme shall cover the period from 1 January 2007 to 31 December 2013. Article 2 General objectives 1. The Programme shall have the following general objectives: (a) to promote judicial cooperation with the aim of contributing to the creation of a genuine European area of justice in criminal matters based on mutual recognition and mutual confidence; (b) to promote the compatibility in rules applicable in the Member States as may be necessary to improve judicial cooperation. To promote a reduction in existing legal obstacles to the good functioning of judicial cooperation with a view to strengthening the coordination of investigations and to increase compatibility of the existing judicial systems in the Member States to the European Union with a view to providing adequate follow-up to investigations of law enforcement authorities of the Member States; (c) to improve the contacts and exchange of information and best practices between legal, judicial and administrative authorities and the legal professions: lawyers and other professionals involved in the work of the judiciary, and to foster the training of the members of the judiciary, with a view to enhancing mutual trust; (d) to further improve mutual trust with the view to ensuring protection of rights of victims and of the accused. 2. Without prejudice to the objectives and powers of the European Community, the general objectives of the Programme contribute to the development of community policies, and more specifically to the creation of a judicial area. Article 3 Specific objectives The Programme shall have the following specific objectives: (a) to foster judicial cooperation in criminal matters aiming at: (i) promoting mutual recognition of judicial decisions and judgments; (ii) eliminating obstacles created by disparities between the judicial systems of Member States and promoting the necessary approximation of substantive criminal law concerning serious crime, in particular with cross border dimension; (iii) further enhancing the establishment of minimum standards concerning aspects of procedural criminal law with the view to promoting the practical aspects of judicial cooperation; (iv) guaranteeing a proper administration of justice by avoiding conflicts of jurisdiction; (v) improving the exchange of information, through the use of computerised systems, in particular information extracted from national criminal records; (vi) promoting rights of the accused as well as social and legal assistance to victims; (vii) encouraging Member States to step up cooperation with Eurojust in combating of cross-border organised and other serious crime; (viii) promoting measures aiming at effective re-socialisation of offenders, in particular of juvenile offenders; (b) to improve mutual knowledge of Member States' legal and judicial systems in criminal matters and to promote and strengthen networking, mutual cooperation, exchange and dissemination of information, experience and best practices; (c) to ensure the sound implementation, the correct and concrete application and the evaluation of Union instruments in the areas of judicial cooperation in criminal matters; (d) to improve information on legal systems in the Member States and access to justice; (e) to promote training in Union and Community law for the judiciary, lawyers and other professionals involved in the work of the judiciary; (f) to evaluate the general conditions necessary to develop mutual confidence by improving mutual understanding between judicial authorities and different legal systems, in particular regarding the implementation of EU policies in the field of justice; (g) to develop and implement a computerised system of exchange of information on criminal records and to support studies to develop other types of exchange of information. Article 4 Eligible actions With a view to pursuing the general and specific objectives set out in Articles 2 and 3, the Programme shall support under the conditions set out in the annual work programme the following types of actions: (a) specific actions taken by the Commission, such as studies and research, creation and implementation of specific projects like the creation of a computerised system of exchange of information on criminal records, opinion polls and surveys, formulation of indicators and common methodologies, collection, development and dissemination of data and statistics, seminars, conferences and experts meetings, organisation of public campaigns and events, development and maintenance of websites, preparation and dissemination of information materials, support for and development of networks of national experts, analytical, monitoring and evaluation activities; or (b) specific transnational projects of Union interest presented by at least two Member States or by at least one Member States and one other country which may either be an acceding or a candidate country under the conditions set out in the annual work programmes; or (c) support for the activities of non-governmental organisations or other entities pursuing an aim of general European interest in accordance with the general objectives of the Programme under the conditions set out in the annual work programmes; or (d) an operating grant to co-finance expenditure associated with the permanent work programme of the European Judicial Training Network which pursues an aim of general European interest in the field of training of the judiciary; (e) national projects within Member States, which (i) prepare transnational projects and/or Union actions (starter measures), (ii) complement transnational projects and/or Union actions (complementary measures), (iii) contribute to developing innovative methods and/or technologies with a potential for transferability to actions at Union level, or develop such methods or technologies with a view to transferring them to other Member States and/or other country which may either be an acceding or a candidate country. Article 5 Target groups The Programme is destined for inter alia, legal practitioners, representatives of victims' assistance services, and other professionals involved in the work of the judiciary, the national authorities and the citizens of the Union in general. Article 6 Access to the Programme 1. Access to the Programme shall be open to institutions and public or private organisations, including professional organisations, universities, research institutes and legal and judicial training/further training institutes for legal practitioners, non-governmental organisations of the Member States. Bodies and organisations which are profit oriented shall have access to the Programme only in conjunction with non profit oriented or state organisations. ‘Legal practitioners’ means, inter alia, judges, prosecutors, advocates, solicitors, ministry officials, court officers, bailiffs, court interpreters and other professionals involved in the work of the judiciary in the area of criminal law. 2. Transnational projects may not be presented by third countries or by international organisations but they may participate as partners. Article 7 Types of intervention 1. Community funding may take the following legal forms: (a) grants; (b) public procurement contracts. 2. Community grants shall normally be awarded further to calls for proposals, save in duly substantiated exceptional cases of urgency or where the characteristics of the beneficiary leave no other choice for a given action, and shall be provided through operating grants and grants for actions. The annual work programme shall specify the minimum rate of the annual expenditure to be awarded to grants. This minimum rate shall be at least 65 %. The maximum rate of co-financing of the costs of the projects shall be specified in the annual work programme. 3. Furthermore, provision is made for expenditure for accompanying measures, through public procurement contracts, in which case Community funds shall cover the purchase of services and goods. This shall cover, inter alia, expenditure on information and communication, preparation, implementation, monitoring, checking and evaluation of projects, policies, programmes and legislation. Article 8 Implementing measures 1. The Commission shall implement the Community financial support in accordance with the Regulation (EC, Euratom) No 1605/2002, hereinafter referred to as ‘the Financial Regulation’. 2. To implement the Programme, the Commission shall, within the limits of the general objectives set out in Article 2, adopt an annual work programme, by the end of September specifying its specific objectives, thematic priorities, a description of accompanying measures envisaged in Article 7(3) and if necessary a list of other actions. The annual work programme for 2007 shall be adopted three months after taking of effect of this Decision. 3. The annual work programme shall be adopted in accordance with the management procedure laid down in Article 11. 4. The evaluation and award procedures relating to grants for actions shall take into account, inter alia, the following criteria: (a) conformity with the annual work programme, the general objectives as specified in Article 2 and measures taken in the different domains as specified in Articles 3 and 4; (b) quality of the proposed action regarding its conception, organisation, presentation and expected results; (c) amount requested for community financing and its appropriateness as to expected results; (d) impact of the expected results on the general objectives defined in Article 2 and on measures taken in the different domains as specified in Articles 3 and 4. 5. The applications for operating grants, referred to in Article 4(c) and (d), shall be assessed in the light of: (a) consistency with the Programme objectives; (b) quality of the planned activities; (c) likely multiplier effect on the public of these activities; (d) geographic impact of the activities carried out; (e) citizen involvement in the organisation of the bodies concerned; (f) cost/benefit ratio of the activity proposed. 6. Decisions related to actions submitted under Article 4(1)(a) shall be adopted by the Commission in accordance with the management procedure laid down in Article 11. Decisions related to actions submitted under Article 4(1)(b) to (e) shall be adopted by the Commission in accordance with the advisory procedure laid down in Article 10. Decisions on applications for grants involving profit-oriented bodies or organisations shall be adopted by the Commission in accordance with the management procedure laid down in Article 11. 7. Pursuant to Article 113(2) of the Financial Regulation, the principle of gradual reduction shall not apply to the operating grant given to the European Judicial Training Network since it pursues an objective of general European interest. Article 9 Committee 1. The Commission shall be assisted by a committee, composed of representatives of the Member States and chaired by the representative of the Commission (hereinafter referred to as the ‘the Committee’). 2. The Committee shall adopt its Rules of Procedure. 3. The Commission may invite representatives from the applicant countries to information meetings after the Committee's meetings. Article 10 Advisory procedure 1. Where reference is made to this Article, the representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time limit which the chair may lay down according to the urgency of the matter, if necessary by taking a vote. 2. The opinion shall be recorded in the minutes; each Member State may request that its position be recorded in the minutes. 3. The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which the opinion has been taken into account. Article 11 Management procedure 1. Where reference is made to this Article, the representative of the Commission shall submit to the committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time limit which the chair may lay down according to the urgency of the matter. In the case of decisions which the Council is required to adopt on a proposal from the Commission, the opinion shall be delivered by the majority laid down in Article 205(2) of the Treaty establishing the European Community. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chair shall not vote. 2. The Commission shall adopt measures which shall apply immediately. However, if the measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. In that event, the Commission may defer application of the measures which it has decided on for a period of three months from the date of such communication. 3. The Council, acting by qualified majority, may take a different decision within the period provided for by paragraph 2. Article 12 Complementarity 1. Synergies and complementarity shall be sought with other Union and Community instruments, inter alia, with the Specific Programme ‘Civil Justice’, as part of the General Programme on Fundamental Rights and Justice, and the general programmes on Security and Safeguarding Liberties and Solidarity and Management of Migration Flows. The statistical element of information on criminal justice shall be developed in collaboration with Member States, using as necessary the Community Statistical Programme. 2. The Programme may share resources with other Union and Community instruments, in particular the Specific Programme ‘Civil Justice’, as part of the General Programme on Fundamental rights and Justice, in order to implement actions meeting the objectives of both programmes. 3. Operations financed under this Decision shall not receive assistance for the same purpose from other Union/Community financial instruments. It shall be ensured that the beneficiaries of this Decision shall provide the Commission with information about funding received from the general budget of the European Union and from other sources, as well as information about ongoing applications for funding. Article 13 Budgetary resources The budgetary resources allocated to the actions provided for in the Programme shall be entered in the annual appropriations of the general budget of the European Union. The available annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework. Article 14 Monitoring 1. The Commission shall ensure that for any action financed by the Programme, the beneficiary submits technical and financial reports on the progress and that a final report is submitted within three months of the completion of the action. The Commission shall determine the form and structure of the reports. 2. The Commission shall ensure that the contracts and agreements resulting from the implementation of the Programme provide in particular for supervision and financial control by the Commission (or any representative authorised by it), if necessary by means of on-the-spot checks, including sample checks, and audits by the Court of Auditors. 3. The Commission shall ensure that for a period of five years following the last payment in respect of any action, the beneficiary of financial assistance keeps available for the Commission all the supporting documents regarding expenditure on the action. 4. On the basis of the results of the reports and on-the-spot checks referred to in paragraphs 1 and 2, the Commission shall ensure that, if necessary, the scale or the conditions of allocation of the financial assistance originally approved and also the timetable for payments is adjusted. 5. The Commission shall ensure that every other step necessary to verify that the actions financed are carried out properly and in compliance with the provisions of this Decision and the Financial Regulation be taken. Article 15 Protection of Community financial interests 1. The Commission shall ensure that, when actions financed under this Decision are implemented, the financial interests of the Community are protected by the application of measures to prevent fraud, corruption and any other illegal activities, by effective checks and by the recovery of the amounts unduly paid and, if irregularities are detected, by effective, proportional and dissuasive penalties, in accordance with Regulations (EC, Euratom) No 2988/95, (Euratom, EC) No 2185/96 and (EC) No 1073/1999. 2. For the Community actions financed under this Decision, Regulation (EC, Euratom) No 2988/95 and Regulation (Euratom, EC) No 2185/96 shall apply to any infringement of a provision of Community law, including infringements of a contractual obligation stipulated on the basis of the Programme, resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the European Union or budgets managed by it by an unjustified item of expenditure. 3. The Commission shall ensure that the amount of financial assistance granted for an action is reduced, suspended or recovered, if it finds irregularities, including non-compliance with the provisions of this Decision or the individual decision or the contract or agreement granting the financial support in question, or if it transpires that, without Commission approval having been sought, the action has been subjected to a change which conflicts with the nature or implementing conditions of the project. 4. If the time limits have not been observed or if only part of the allocated financial assistance is justified by the progress made with implementing an action, the Commission shall ensure that the beneficiary is requested to submit observations within a specified period. If the beneficiary does not give a satisfactory answer, the Commission shall ensure that the remaining financial assistance might be cancelled and repayment of sums already paid demanded. 5. The Commission shall ensure that any undue payment is repaid to the Commission. Interest shall be added to any sums not repaid in good time under the conditions laid down by the Financial Regulation. Article 16 Evaluation 1. The Programme shall be monitored regularly in order to follow the implementation of activities carried out under the Programme. 2. The Commission shall ensure the regular, independent, external evaluation of the Programme. 3. The Commission shall submit to the European Parliament and the Council: (a) an annual presentation on the implementation of the Programme; (b) an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of the Programme no later than 31 March 2011; (c) a communication on the continuation of the Programme no later than 30 August 2012; (d) an ex-post evaluation report no later than 31 December 2014. Article 17 Publication of projects Each year the Commission shall publish the list of actions financed under the Programme with a short description of each project. Article 18 Transitional provisions This Decision shall, from 1 January 2007, replace the corresponding provisions of the Decision 2002/630/JHA. Actions started before 31 December 2006 pursuant to Decision 2002/630/JHA shall continue to be governed, until their completion, by that Decision. The committee provided for in Article 7 thereof shall be replaced by the one provided for in Article 10 of the present Decision. Article 19 Taking of effect and application This Decision shall take effect on the day of its publication in the Official Journal of the European Union. It shall apply from 1 January 2007. Done at Brussels, 12 February 2007. For the Council The President F.-W. STEINMEIER (1) Opinion delivered on 14 December 2006 (not yet published in the Official Journal). (2) OJ L 203, 1.8.2002, p. 1. (3) OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1). (4) OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Commission Regulation (EC, Euratom) No 1248/2006 (OJ L 227, 19.8.2006, p. 3). (5) OJ L 312, 23.12.1995, p. 1. (6) OJ L 292, 15.11.1996, p. 2. (7) OJ L 136, 31.5.1999, p. 1.

Summary: Criminal Justice specific programme (2007-13) Criminal Justice specific programme (2007-13) This decision establishes the Criminal Justice specific programme. This programme constitutes one of the five pillars of the Fundamental Rights and Justice general programme, which aims to create a genuine area of freedom, security and justice within the European Union (EU). The Criminal Justice programme should improve cooperation and mutual trust between EU countries’ judicial authorities and legal practitioners. ACT Council Decision 2007/126/JHA of 12 February 2007 establishing for the period 2007 to 2013, as part of the General Programme on Fundamental Rights and Justice, the Specific Programme Criminal Justice. SUMMARY This decision establishes the specific programme Criminal Justice. This programme is one of the five specific programmes that make up the Fundamental Rights and Justice general programme, developed with the aim of creating an area of freedom, security and justice within the European Union (EU). This Criminal Justice programme covers the period from 1 January 2007 to 31 December 2013. General objectives The Criminal Justice programme is aimed at creating a European area of justice. It has four main objectives, including: promoting judicial cooperation in criminal matters; bringing the judicial systems of EU countries closer together and to that of the EU; enhancing contacts and the exchange of information and best practices between legal, judicial and administrative authorities and the legal professions and promoting the training of the members of the judiciary; further improving mutual trust between the judicial authorities. Specific objectives More precisely, the Criminal Justice programme seeks to foster judicial cooperation in criminal matters, with the aim of: promoting mutual recognition of judicial decisions; approximating the judicial systems of EU countries in criminal matters, in particular with regard to serious cross-border crime; establishing minimum standards concerning aspects of procedural criminal law; avoiding conflicts of jurisdiction; improving the exchange of information, for example, through a computerised system for exchanging information on national criminal records; promoting the protection of individuals involved in criminal proceedings and assistance to victims; strengthening EU countries cooperation with Eurojust; promoting measures aimed at re-socialising offenders. The programme also aims to achieve the following specific objectives: to improve mutual knowledge of EU countries’ legal and judicial systems and to strengthen networking, cooperation and the exchange of information and best practices; to ensure the sound implementation and evaluation of EU action in the area of judicial cooperation in criminal matters; to better inform the public about legal systems in EU countries and about access to justice; to promote training in European law for those involved in the work of the judiciary; to improve mutual understanding between EU countries to pave the way for mutual trust; to implement a computerised system for the exchange of information on criminal records and to examine the possibility of establishing other types of exchanges of information. Eligible actions The Criminal Justice programme supports various initiatives, including: actions taken by the Commission, such as research, the implementation of specific projects, the formulation of indicators and methodologies, the development of networks of national experts and the dissemination of information; transnational projects presented by several EU countries working together (at least two EU countries or at least one EU country and one other country that may either be an acceding or a candidate country); the activities of non-governmental organisations (NGOs) or other entities pursuing aims of general European interest; expenditure of the European Judicial Training Network , which may obtain an operating grant as part of this programme; EU countries’ national projects, individually, may be supported under this programme, subject to certain conditions. Target groups The programme is targeted in particular at those involved in the work of the judiciary, national authorities and the citizens of the Union in general. The programme is open to both public and private organisations, including professional organisations, universities, research and training institutes, legal practitioners and NGOs. It is also open to organisations that are profit oriented, but subject to certain conditions. Non-EU countries and international organisations may participate in transnational projects only as partners. Types of EU funding There are two types of EU funding provided under the programme, including: grants, which are normally awarded following calls for proposals, through operating grants and grants to actions. The annual work programme must specify the minimum rate of annual expenditure to be awarded to grants, which shall be at least 65 %. It must also specify the maximum rate of co-financing of projects; public procurement contracts are foreseen for accompanying measures, such as the purchase of goods and services, particularly expenditure on information and communications, the implementation and monitoring of projects, policies, programmes and legislation. Implementing measures The Commission implements the financial support in accordance with the Financial Regulation applicable to the general budget of the EU. It also adopts an annual work programme specifying the specific objectives, thematic priorities and the accompanying measures that are funded through public procurement contracts. The evaluation and award procedures take several criteria into account, including: conformity with the annual work programme, the four general objectives, the specific objectives and the eligible actions; quality of the action; amount of EU financing requested; relationship between the expected results and the general objectives, specific objectives and eligible actions. The award of operating grants to actions taken by NGOs or by the European Judicial Training Network is also subject to certain criteria. Coordination with other programmes Synergies should be created with other programmes, including the: Civil Justice specific programme, which, like the Criminal Justice programme, is also part of the general programme on Fundamental Rights and Justice; general programme on Security and Safeguarding Liberties; general programme on Solidarity and the Management of Migration Flows; EU statistical programme. Monitoring and evaluation To allow the Commission to monitor any action financed by the programme, the beneficiary of the funding must: submit technical and financial reports on the progress of the work and a final report within three months of completion of the action funded; keep available for the Commission all the supporting documents regarding expenditure for a period of five years following the last payment in respect of the action taken. For its part, the Commission will: carry out supervision and financial control of actions resulting from this programme, in particular by on-the-spot checks. The Court of Auditors may also carry out audits in order to ensure the proper implementation of expenditure; ensure that, if necessary, the scale or conditions of allocation of the financial assistance and timetable for payments are adjusted; ensure that every other necessary step be taken to verify that the actions are properly carried out. The Commission must apply measures to prevent fraud, corruption and any other illegal activities. It will carry out checks, recover amounts unduly paid and apply penalties in the event of irregularities. The Commission will ensure the regular, independent and external monitoring and evaluation of the programme. It will annually publish a list of actions financed under the programme. References Act Entry into force Deadline for transposition in the Member States Official Journal Decision 2007/126/JHA 24.2.2007 - OJ L 58, 24.2.2007 Last updated: 18.05.2011


21.9.2007 EN Official Journal of the European Union L 247/17 DIRECTIVE 2007/45/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 5 September 2007 laying down rules on nominal quantities for prepacked products, repealing Council Directives 75/106/EEC and 80/232/EEC, and amending Council Directive 76/211/EEC THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), Acting in accordance with the procedure laid down in Article 251 of the Treaty (2), Whereas: (1) Council Directives 75/106/EEC of 19 December 1974 on the approximation of the laws of the Member States relating to the making-up by volume of certain prepackaged liquids (3) and 80/232/EEC of 15 January 1980 on the approximation of the laws of the Member States relating to the ranges of nominal quantities and nominal capacities permitted for certain prepackaged products (4) set out nominal quantities for a number of liquid and non-liquid prepacked products, the purpose of this being to ensure the free movement of products complying with the requirements of those Directives. For most products, national nominal quantities are allowed to exist alongside Community nominal quantities. For some products, however, Community nominal quantities are fixed to the exclusion of any national nominal quantities. (2) Changes in consumer preferences and innovations in prepacking and retailing at Community and national levels have made it necessary to assess whether existing legislation is still appropriate. (3) The Court of Justice held in its judgment of 12 October 2000 in Case C-3/99 Cidrerie Ruwet (5) that Member States are precluded from prohibiting the marketing of a prepackage having a nominal volume not included in the Community range, which is lawfully manufactured and marketed in another Member State, unless such a prohibition is designed to meet an overriding requirement relating to consumer protection, applies without distinction to national and imported products alike, is necessary in order to meet the requirement in question and is proportionate to the objective pursued, and that objective cannot be achieved by measures which are less restrictive of intra-Community trade. (4) Consumer protection is facilitated by legislation adopted after Directives 75/106/EEC and 80/232/EEC, notably Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers (6). Member States which have not already done so should consider whether to implement Directive 98/6/EC in relation to certain small retail businesses. (5) An impact assessment, including a wide consultation of all interested stakeholders, has indicated that, in many sectors, free nominal quantities increase the freedom of producers to provide goods according to consumer tastes and enhance competition as regards quality and price on the internal market. In other sectors, however, it is more appropriate, in the interests of consumers and business, to retain mandatory nominal quantities for the time being. (6) Implementation of this Directive should be accompanied by more information for consumers and industry to enhance understanding of unit pricing. (7) Consequently, nominal quantities should generally not be subject to regulation at Community or national level and it should be possible to place prepacked goods on the market in any nominal quantity. (8) However, in certain sectors such deregulation could result in disproportionately high extra costs, especially for small and medium sized enterprises. For those sectors, therefore, existing Community legislation should be adapted in the light of experience, in particular to ensure that Community nominal quantities are fixed at least in the case of those products most sold to consumers. (9) Since the maintenance of mandatory nominal quantities should be regarded as a derogation, except in the wine and spirits sector, which has specific features, it should be periodically reassessed in the light of experience and in order to meet the needs of consumers and producers. For sectors in which mandatory nominal quantities might be maintained, when the Commission ascertains a disturbance of market conditions or a destabilisation of consumer behaviour, particularly that of the most vulnerable consumers, it should consider whether Member States should be authorised to maintain transitional periods and in particular to maintain the most-sold mandatory range sizes. (10) In Member States where prepacked bread forms a high proportion of regular consumption, there is a strong correlation between pack size and bread weight. As with other prepacked products, existing package sizes for prepacked bread traditionally in use will not be affected by this Directive and can continue to be used. (11) In order to promote transparency, all nominal quantities for prepacked products should be set out in a single legislative act, and consequently Directives 75/106/EEC and 80/232/EEC should be repealed. (12) In order to increase consumer protection, in particular for vulnerable consumers such as the disabled and the elderly, proper attention should be paid to ensuring that weight and volume indications on consumer product labelling are more easily legible and visible on the prepackage under normal conditions of presentation. (13) For certain liquid products, Directive 75/106/EEC sets out metrological requirements identical to those set out in Council Directive 76/211/EEC of 20 January 1976 on the approximation of the laws of the Member States relating to the making-up by weight or by volume of certain prepackaged products (7). Directive 76/211/EEC should therefore be amended to include in its scope the products currently covered by Directive 75/106/EEC. (14) In accordance with point 34 of the Interinstitutional Agreement on better law-making (8), Member States are encouraged to draw up, for themselves and in the interests of the Community, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public. (15) Since the objectives of this Directive cannot be sufficiently achieved by the Member States and can therefore, by reason of the repeal of Community ranges and the establishment of uniform Community nominal quantities where needed, 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 Directive does not go beyond what is necessary in order to achieve those objectives, HAVE ADOPTED THIS DIRECTIVE: CHAPTER I GENERAL PROVISIONS Article 1 Subject matter and scope 1. This Directive lays down rules on the nominal quantities for products put up in prepackages. It shall apply to prepacked products and prepackages, as defined in Article 2 of Directive 76/211/EEC. 2. This Directive shall not apply to the products listed in the Annex which are sold in duty-free shops for consumption outside the European Union. Article 2 Free movement of goods 1. Save as otherwise provided for in Articles 3 and 4, Member States may not, on grounds relating to the nominal quantities of the package, refuse, prohibit or restrict the placing on the market of prepacked products. 2. While respecting the principles stated in the Treaty and, in particular, the free movement of goods, Member States which currently prescribe mandatory nominal quantities for milk, butter, dried pasta and coffee may continue to do so until 11 October 2012. Member States which currently prescribe mandatory nominal quantities for white sugar may continue to do so until 11 October 2013. CHAPTER II SPECIFIC PROVISIONS Article 3 Placing on the market and free movement of certain products Member States shall ensure that the products listed in section 2 of the Annex and put up in prepackages in the intervals listed in section 1 of the Annex are placed on the market only if they are prepacked in the nominal quantities listed in section 1 of the Annex. Article 4 Aerosol dispensers 1. Aerosol dispensers shall indicate the nominal total capacity of the container. The indication shall be such as not to create confusion with the nominal volume of the contents. 2. By way of derogation from Article 8(1)(e) of Council Directive 75/324/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers (9), products which are sold in aerosol dispensers need not be marked with the nominal weight of their contents. Article 5 Multipacks and prepackages made up of individual packages which are not intended to be sold individually 1. For the purposes of Article 3, where two or more individual prepackages make up a multipack, the nominal quantities listed in section 1 of the Annex shall apply to each individual prepackage. 2. Where a prepackage is made up of two or more individual packages which are not intended to be sold individually, the nominal quantities listed in section 1 of the Annex shall apply to the prepackage. CHAPTER III REPEALS, AMENDMENT AND FINAL PROVISIONS Article 6 Repeals Directives 75/106/EEC and 80/232/EEC shall be repealed. Article 7 Amendment to Directive 76/211/EEC In Article 1 of Directive 76/211/EEC, the words ‘with the exception of those referred to in the Council Directive 75/106/EEC of 19 December 1974 on the approximation of the laws of the Member States relating to the making-up by volume of certain prepackaged liquids, and’ shall be deleted. Article 8 Transposition 1. Member States shall, by 11 October 2008, adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof. They shall apply those measures from 11 April 2009. When Member States adopt those 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 determined by the Member States. 2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. Article 9 Reporting, communication of derogations and monitoring 1. The Commission shall submit a report on the application and effects of this Directive to the European Parliament, the Council and the European Economic and Social Committee by 11 October 2015, and every 10 years thereafter. Where necessary, those reports shall be accompanied by proposals for revision of this Directive. 2. By 11 April 2009, the Member States referred to in Article 2(2) shall communicate to the Commission the sectors subject to the derogation referred to in that paragraph, the period of that derogation, the range of mandatory nominal quantities applied and the interval concerned. 3. The Commission shall monitor the application of Article 2(2) based on its own findings and on the reports from the Member States concerned. More particularly, the Commission shall observe market developments after transposition of this Directive, and shall consider, in the light of the results of that observation, applying follow-up measures to this Directive by maintaining mandatory nominal quantities for the goods referred to in Article 2(2). Article 10 Entry into force This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union. Articles 2, 6 and 7 shall apply from 11 April 2009. Article 11 Addressees This Directive is addressed to the Member States. Done at Strasbourg, 5 September 2007. For the European Parliament The President H.-G. PÖTTERING For the Council The President M. LOBO ANTUNES (1) OJ C 255, 14.10.2005, p. 36. (2) Opinion of the European Parliament of 2 February 2006 (OJ C 288 E, 25.11.2006, p. 52), Council Common Position of 4 December 2006 (OJ C 311 E, 19.12.2006, p. 21), Position of the European Parliament of 10 May 2007 (not yet published in the Official Journal) and Council Decision of 16 July 2007. (3) OJ L 42, 15.2.1975, p. 1. Directive as last amended by the 2003 Act of Accession. (4) OJ L 51, 25.2.1980, p. 1. Directive as last amended by Directive 87/356/EEC (OJ L 192, 11.7.1987, p. 48). (5) [2000] ECR I-8749. (6) OJ L 80, 18.3.1998, p. 27. (7) OJ L 46, 21.2.1976, p. 1. Directive as amended by Commission Directive 78/891/EEC (OJ L 311, 4.11.1978, p. 21). (8) OJ C 321, 31.12.2003, p. 1. (9) OJ L 147, 9.6.1975, p. 40. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36). ANNEX RANGE OF NOMINAL QUANTITIES OF CONTENTS OF PREPACKAGES 1. Products sold by volume (quantity in ml) Still wine On the interval from 100 ml to 1 500 ml only the following 8 nominal quantities: ml: 100 — 187 — 250 — 375 — 500 — 750 — 1 000 — 1 500 Yellow wine On the interval from 100 ml to 1 500 ml only the following nominal quantity: ml: 620 Sparkling wine On the interval from 125 ml to 1 500 ml only the following 5 nominal quantities: ml: 125 — 200 — 375 — 750 — 1 500 Liqueur wine On the interval from 100 ml to 1 500 ml only the following 7 nominal quantities: ml: 100 — 200 — 375 — 500 — 750 — 1 000 — 1 500 Aromatised wine On the interval from 100 ml to 1 500 ml only the following 7 nominal quantities: ml: 100 — 200 — 375 — 500 — 750 — 1 000 — 1 500 Spirit drinks On the interval from 100 ml to 2 000 ml only the following 9 nominal quantities: ml: 100 — 200 — 350 — 500 — 700 — 1 000 — 1 500 — 1 750 — 2 000 2. Product definitions Still wine Wine as defined in Article 1(2)(b) of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1) (CN code ex 2204). Yellow wine Wine as defined in Article 1(2)(b) of Regulation (EC) No 1493/1999 (CN code ex 2204) with the designation of origin: ‘Côtes du Jura’, ‘Arbois’, ‘L'Etoile’ and ‘Château-Chalon’ in bottles as defined in Annex I, point 3 of Commission Regulation (EC) No 753/2002 of 29 April 2002 laying down certain rules for applying Council Regulation (EC) No 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products (2). Sparkling wine Wine as defined in Article 1(2)(b) and in Annex I, points 15, 16, 17 and 18 of Regulation (EC) No 1493/1999 (CN code 2204 10). Liqueur wine Wine as defined in Article 1(2)(b) and in Annex I, point 14 of Regulation (EC) No 1493/1999 (CN code 2204 21 — 2204 29). Aromatised wine Aromatised wine as defined in Article 2(1)(a) of Council Regulation (EEC) No 1601/91 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatised wines, aromatised wine-based drinks and aromatised wine-product cocktails (3) (CN code 2205). Spirit drinks Spirit drinks as defined in Article 1(2) of Council Regulation (EEC) No l576/89 of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks (4) (CN code 2208). (1) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1). (2) OJ L 118, 4.5.2002, p. 1. Regulation as last amended by Regulation (EC) No 382/2007 (OJ L 95, 5.4.2007, p. 12). (3) OJ L 149, 14.6.1991, p. 1. Regulation as last amended by the 2005 Act of Accession. (4) OJ L 160, 12.6.1989, p. 1. Regulation as last amended by the 2005 Act of Accession.

Summary: Deregulation of pack sizes Deregulation of pack sizes SUMMARY OF: Directive 2007/45/EC laying down rules on nominal quantities for prepacked products WHAT IS THE AIM OF THE DIRECTIVE? It lays down rules on the nominal quantities for products which are prepacked* to facilitate their access to markets in different EU Member States. It liberalises pack sizes for most food and drinks sectors. It only maintains obligatory nominal quantities for a very limited number of goods, mainly wine and spirits. KEY POINTS European Union (EU) countries may not prohibit or restrict the placing into circulation of prepacked products and prepackages within the EU’s single market. National sizes for products have been abolished. Special cases Wines and spirits which are presented prepacked must respect the range of nominal quantities prescribed in the annex to the directive for placing on the market. (This directive does not apply for products when they are sold in duty-free shops for consumption outside the EU market or if the package contains less than 5 g or 5 ml or more than 10 kg or 10 l). Aerosol dispensers must indicate the nominal total capacity of the container in addition to the indication of the nominal volume of the contents. Indication of the nominal weight of the contents is optional. FROM WHEN DOES THE DIRECTIVE APPLY? It had to become law in the Member States by 11 October 2008 and the rules of the directive had to be applied by 11 April 2009. Directive 2007/45/EC has repealed Directives 75/106/EEC (on the making-up by volume of certain prepackaged liquids) and 80/232/EEC (on the ranges of nominal quantities and nominal capacities applicable to certain products). BACKGROUND For more information, see: Prepackaging (European Commission). KEY TERMS Prepacked product: A product is prepacked when it is placed in a package of any nature without the purchaser being present and the quantity of product contained in the package has a predetermined value and cannot be altered without the package either being opened or undergoing a perceptible modification. MAIN DOCUMENT Directive 2007/45/EC of the European Parliament and of the Council of 5 September 2007 laying down rules on nominal quantities for prepacked products, repealing Council Directives 75/106/EEC and 80/232/EEC, and amending Council Directive 76/211/EEC (OJ L 247, 21.9.2007, pp. 17-20) RELATED DOCUMENTS Council Directive 76/211/EEC of 20 January 1976 on the approximation of the laws of the Member States relating to the making-up by weight or by volume of certain prepackaged products (OJ L 46, 21.2.1976, pp. 1-11) Successive amendments and corrections to Directive 76/211/EEC have been incorporated into the original text. This consolidated version is of documentary value only. last update 17.06.2021