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Enforcing judgments: the transparency of debtors' assets

Enforcing judgments: the transparency of debtors’ assets

Outline of the Community (European Union) legislation about Enforcing judgments: the transparency of debtors’ assets

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Judicial cooperation in civil matters

Enforcing judgments: the transparency of debtors’ assets

Even with a court judgment obtained, recovering cross-border debts may be difficult for creditors in practice if no information on the debtors’ assets or whereabouts is available. Because of this, the European Commission has adopted a Green Paper launching a public consultation on how to improve the recovery of debts through possible measures such as registers and debtor declarations.

Document or Iniciative

Green Paper of 6 March 2008 on the effective enforcement of judgments in the European Union: the transparency of debtors’ assets [COM(2008) 128 final – Not published in the Official Journal].

Summary

The late and non-payment of debts is detrimental to business and customers alike, particularly when no information is available on the debtor’s assets or whereabouts. This is a particular cross-border issue in debt recovery and has the potential to affect the smooth running of the internal market. In launching a public consultation, the European Commission has outlined the problems of the current situation and possible solutions in this Green Paper. Interested parties can submit their comments by 30 September 2008.

State of play

The search for a debtor’s address and information on his financial situation is often the starting point for enforcement proceedings. At national level, most Member States mainly use two different systems for obtaining information, either:

systems of declaration of the debtor’s entire assets or at least a part of it to satisfy the claim;
search systems with specific information (registers).

In this Green Paper, the European Commission focuses more on a series of measures instead of one single European measure to allow the creditor to obtain reliable information on the debtor’s assets and whereabouts within a reasonable period of time. Possible measures include:

drawing up a manual of national enforcement laws and practices: at present, there is very little information on the different enforcement systems in the 27 European Union Member States. Such a manual could contain all sources of information on a person’s assets, which could be accessed in each country; contact addresses, costs, etc.
increasing the information available and improving access to registers: the main sources of information on the debtor are public registers, such as commercial or population registers. However, these vary from one Member State to the next. The Commission is asking whether to increase information available in and access to commercial registers and in what way access to existing population registers should be enhanced. Furthermore, access to social security and tax registers by enforcement authorities may be increased, while respecting rules of data protection and social and fiscal privacy.
exchange of information between enforcement authorities: currently, enforcement bodies are not able to directly access the (non-public) registers of other Member States which are open to national enforcement bodies. In addition, there are no international instruments dealing with the exchange of information between national enforcement bodies. In the absence of a Europe-wide register, enhancing cooperation between national enforcement authorities and direct exchange of information between them may a possible solution.
measures relating to the debtor’s declaration: enforcement bodies have in several Member States the option to question the debtor directly regarding his assets, whereas in some Member States the debtor’s declaration is made in the form of a testimony before the enforcement court. In some Member States, the debtor has to fill out mandatory forms, and in others a debtor’s declaration does not exist at all. The European Commission is considering introducing a European Assets declaration, obliging the debtors to disclose all assets in the European judicial area. In this way, the transparency of the debtor’s assets would not be limited by the territoriality of the enforcement proceedings.

Education, Audiovisual and Culture Executive Agency

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Education, Audiovisual and Culture Executive Agency

Outline of the Community (European Union) legislation about Education, Audiovisual and Culture Executive Agency

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Audiovisual and media

Education, Audiovisual and Culture Executive Agency

Document or Iniciative

Commission Decision 2009/336/EC of 20 April 2009 setting up the Education, Audiovisual and Culture Executive Agency for the management of Community action in the fields of education, audiovisual and culture in application of Council Regulation (EC) No 58/2003.

Summary

This decision sets up the ‘Education, Audiovisual and Culture Executive Agency’ in accordance with Council Regulation (EC) No 58/2003 and repeals Decision 2005/56/EC, which originally created the agency. The agency is established for the period 1 January 2005 – 31 December 2015 to manage Community action in these three fields. It is located in Brussels.

Objectives and tasks

The agency is responsible for managing certain strands of the following Community programmes:

programmes encouraging the development, distribution and promotion of European audiovisual works (MEDIA II 1996-2000 and MEDIA Plus 2001-06);
training programmes for professionals in the European audiovisual industry (MEDIA II – Training 1996-2000 and MEDIA – Training 2001-06);
the MEDIA 2007 programme of support for the European audiovisual sector (2007-13);
Community action programmes to promote active European citizenship (civic participation 2004-06 and ‘Europe for Citizens’ 2007-13);
the Community action programme to promote bodies active at European level in the field of youth (2004-06);
the ‘Youth’ (2000-06) and ‘Youth in Action’ (2007-13) Community action programmes;
the Community action programme to promote bodies active at European level in the field of culture (2004-06);
the ‘Culture 2000’ (2000-06) and ‘Culture’ (2007-13) programmes;
the second phase of the Community action programme in the field of education ‘Socrates’ (2000-06);
the second phase of the Community action programme in the area of vocational training ‘Leonardo da Vinci’ (2000-06);
the multiannual programme for the effective integration of information and communication technologies in education and training systems in Europe ‘eLearning’ (2004-06);
the Community action programme to promote bodies active at European level and support specific activities in the field of education and training (2004-06);
the action programme in the field of lifelong learning (2007-13).

The agency is also responsible for managing the following external relations programmes in the field of education:

the programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus 2004-08);
the External Cooperation Window (EM ECW) co-operation and mobility scheme;
Erasmus Mundus 2009-13 programme, directly incorporating the ECW action 2;
projects eligible for funding under the agreements between the European Community and the United States of America renewing the programme of cooperation in the field of higher education, vocational education and training (2001-05 and 2006-13);
projects eligible for funding under the agreements between the European Community and the government of Canada renewing a cooperation programme in higher education, training and youth (2001-05 and 2006-13);
joint mobility projects eligible for funding under the Industrialised Cooperation Instrument Education Cooperation Programme (ICI ECP) agreement between the European Community and the governments of Australia, Japan, New Zealand and the Republic of Korea;
the third and fourth phases of trans-European cooperation scheme for higher education (Tempus III 2000-06 and Tempus IV 2007- 2013).

Furthermore, the agency is responsible for the earlier external cooperation projects on higher education funded under the provisions of the following:

economic aid for certain countries of central and eastern Europe (Phare);
assistance for the partner states of eastern Europe and central Asia (Tacis);
assistance for Albania, Bosnia-Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, Montenegro, Serbia and Kosovo (CARDS);
financial and technical measures to accompany the reform of economic and social structures in the framework of the Euro-Mediterranean partnership (MEDA);
aid for economic cooperation with developing countries in Asia (1992-06);
the Instrument for Pre-Accession Assistance (IPA);
the European Neighbourhood and Partnership Instrument (ENPI);
the financing instrument for development cooperation (DCI);
the financing instrument for cooperation with industrialised and other high-income countries and territories (ICI);
the 9^th European Development Fund (EDF).

With regard to these programmes, the agency is in particular responsible for the following tasks:

managing the projects entrusted to it in the context of implementation of Community programmes throughout their duration;
adopting the budget implementation instruments for revenue and expenditure and carrying out some, or all, of the operations necessary for the management of the Community programmes, including those linked to the awarding of grants and contracts;
gathering, analysing and passing on to the Commission all the information needed to guide the implementation of the Community programmes;
implementing the Eurydice network for the collection, analysis and dissemination of information and the production of studies and publications.

The agency may also be entrusted to carry out other similar tasks in the education, audiovisual and culture fields. In such a case, the Commission decision delegating tasks to the agency will be adapted accordingly.

Structure, grants and supervision

The Commission appoints a steering committee and a Director to manage the agency; the former for a period of two and the latter for a period of four years. For its operation, the agency is allocated a grant entered in the general budget of the European Union as well as finances from the European Development Fund. The Commission is responsible for supervising the agency. The agency must report to it regularly on the implementation of the programmes for which it is responsible.

References

Act	Entry into force – Date of expiry	Deadline for transposition in the Member States	Official Journal
Decision 2009/336/EC	20.4.2009 – 31.12.2015	–	OJ L 101 of 24.1.2009

Another Normative about Education, Audiovisual and Culture Executive Agency

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic

Other

Education, Audiovisual and Culture Executive Agency

This Commission Decision establishes the Education, Audiovisual and Culture Executive Agency. It sets out the Agency’s role in the management of Community programmes and the conditions under which the Agency has to operate.

Document or Iniciative

Commission Decision 2005/56/EC of 14 January 2005 setting up the Education, Audiovisual and Culture Executive Agency for the management of Community action in the fields of education, audiovisual and culture in application of Council Regulation (EC) No 58/2003 [See amending acts].

Summary

In accordance with Council Regulation (EC) No 58/2003, the Commission set up the Education, Audiovisual and Culture Executive Agency to manage Community action in these fields. The Agency has been established for a fixed period running from 1 January 2006 to 31 December 2015. It is located in Brussels.

Creation of the Agency

The creation of this Agency will allow the Commission to focus on its priority activities and functions, without relinquishing control or responsibility for activities managed by the Agency. The Agency’s task is to implement programmes that require a high level of technical and financial expertise, but do not entail political decision-making.

The Agency is supervised by the Commission and reports to three Directorates-General:

Education and Culture (DG EAC) – responsible for the majority of the programmes and actions entrusted to the Agency;
Information and Society (DG INFSO) – responsible for the MEDIA programme;
EuropeAid Cooperation Office (DG AIDCO) – responsible for Erasmus Mundus External Cooperation Window.

Objectives and tasks

The Agency is hereby entrusted with the management of certain strands of the following Community programmes:

the programmes encouraging the development, distribution and promotion of European audiovisual works (MEDIA II – Development and distribution 1996-2000 and MEDIA Plus – Development, Distribution and Promotion 2001-06);
the training programmes for professionals in the European audiovisual programme industry (MEDIA II – Training 1996-2000 and MEDIA- Training 2001-06);
the second phase of the Community action programme in the field of education “Socrates” (2000-06);
the second phase of the Community action programme in the area of vocational training “Leonardo da Vinci” (2000-06);
the “Youth” (2000-06) and “Youth in Action” (2007-13) Community action programmes;
the “Culture” (2000-06 and 2007-13) programmes;
the multiannual programme (2004-06) for the effective integration of information and communication technologies in education and training systems in Europe (“eLearning”);
the Community action programmes to promote active European citizenship (civic participation 2004-06 and “Europe for Citizens” 2007-13);
the Community action programme to promote bodies active at European level in the field of youth (2004-06);
the Community action programme to promote bodies active at European level and support specific activities in the field of education and training (2004-06);
the Community action programme to promote bodies active at European level in the field of culture (2004-06);
the action programme in the field of lifelong learning (2007-13);
the Media 2007 programme of support for the European audiovisual sector.

The Agency is also responsible for managing external relations programmes in the field of education:

the programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus 2004-08);
the External Cooperation Window (EM ECW) cooperation and mobility scheme (in the Erasmus Mundus Programme 2009-13, the EM ECW will be incorporated directly under Action 2);
projects eligible for funding under the agreements between the European Community and the United States of America renewing the programme of cooperation in higher education, vocational education and training (2001-05 and 2006-13);
projects eligible for funding under the agreement between the European Community and the Government of Canada renewing a cooperation programme in higher education and training (2001-05 and 2006-13);
joint mobility projects eligible for funding under the Industrialised Cooperation Instrument Education Cooperation Programme (ICI ECP) agreement between the European Community and the governments of Australia, Japan, New Zealand and the Republic of Korea will be transferred to the Agency in 2009;
the third and fourth phases of the trans-European cooperation scheme for higher education (Tempus III 2000-06 and Tempus IV 2007-13, which will be transferred to the Agency in 2009).

In addition, the Agency is responsible for the earlier external cooperation projects on higher education funded under the provision of the following:

economic aid for certain countries of central and eastern Europe (Phare);
assistance to the partner States of Eastern Europe and Central Asia;
assistance for Albania, Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia, Montenegro, Serbia and Kosovo;
financial and technical measures to accompany the reform of economic and social structures in the framework of the Euro-Mediterranean partnership (MEDA);
aid for economic cooperation with developing countries in Asia;
the Instrument for Pre-Accession Assistance (IPA);
the European Neighbourhood & Partnership Instrument (ENPI);
the instrument for development cooperation (DCI);
the instrument for cooperation with industrialised and other high-income countries and territories (ICI);
the 9^th European Development Fund (EDF) (2000-07).

In connection with these programmes, the Agency is more specifically responsible for:

managing, throughout their duration, the projects entrusted to it in the context of implementation of Community programmes;
adopting the budget implementation instruments for revenue and expenditure and carrying out some, or all, of the operations necessary for the management of the Community programmes, including those linked to the awarding of grants and contracts;
gathering, analysing and passing on to the Commission all the information needed to guide the implementation of the Community programme;
implementing the Eurydice network for the collection, analysis and dissemination of information and the production of studies and publications.

The Agency may also carry out other similar tasks in the fields listed above. The Commission Decision delegating authority will then be adapted to take account of the addition of these tasks.

Structure, grants and supervision

The Agency is managed by a Steering Committee and a Director appointed by the Commission. The members of the Steering Committee are appointed for two years and the Director for four years. The Agency receives a grant entered in the general budget of the European Union and financing from the European Development Fund. It implements its operating budget in accordance with the provisions of Regulation (EC) No 1653/2004. The Commission supervises the Agency, which must report regularly on the implementation of the programmes for which it is responsible.

References

Act	Entry into force – Date of expiry	Deadline for transposition in the Member States	Official Journal
Decision 2005/56/EC	14.1.2005	–	OJ L 24 of 27.1.2005

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Decision 2007/114/EC	1.1.2007	–	OJ L 49 of 17.2.2007
Decision 2008/629/EC	12.6.2008	–	OJ L 205 of 1.8.2008
Decision 2008/785/EC	9.10.2008	–	OJ L 269 of 10.10.2008

Related Acts

Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes [Official Journal L 11 of 16.1.2003].

Commission Regulation (EC) No 1653/2004 of 21 September 2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes [Official Journal L 297 of 22.9.2004].

Protection of minors and human dignity

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Protection of minors and human dignity

Outline of the Community (European Union) legislation about Protection of minors and human dignity

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Audiovisual and media

Protection of minors and human dignity (1998 Recommendation)

The development of the audiovisual services and information industry in the European Union (EU) requires the establishment of a climate of trust, including the effective protection of minors and human dignity.
This Recommendation calls for the implementation of national self-regulation frameworks to increase the protection of minors and human dignity in the broadcasting and Internet sectors.

Document or Iniciative

Council Recommendation 98/560/EC of 24 September 1998 on the development of the competitiveness of the European audiovisual and information services industry by promoting national frameworks aimed at achieving a comparable and effective level of protection of minors and human dignity [Official Journal L 270 of 7.10.1998].

Summary

The impact of the increase in digital technology

As a consequence of the development of digital media (Internet, digital broadcasting and video games), questions relating to the protection of minors are becoming increasingly important.

Whereas in traditional broadcasting, the broadcaster is easily identifiable, it is becoming difficult, and sometimes even impossible, to identify the source of content broadcast on the Internet. At the same time, illegal and harmful content is becoming easier to access and can even be found unintentionally.

As far as audiovisual policy is concerned, technological developments require a new approach. To meet this challenge, the Council has adopted this Recommendation which calls on the Member States, the sectors and parties concerned, as well as the Commission, to take measures to increase the protection of minors and human dignity in the broadcasting and Internet sectors.

This Recommendation is the first legal instrument relating to the content of audiovisual services and on-line information broadcast on the Internet.

Action to be taken by Member States

Member States are called upon to foster a climate of trust which will promote the development of the audiovisual and information services industry.

The following measures could be taken to create such a climate of trust:

promoting the voluntary establishment of national frameworks for the protection of minors and human dignity. This involves encouraging the participation of relevant parties (users, consumers, businesses and public authorities) in establishing, implementing and evaluating national measures taken in this domain. The establishment of a national framework for self-regulation of operators of on-line services is also encouraged;
encouraging broadcasters to experiment, on a voluntary basis, with new ways to protect minors and inform viewers;
fighting against illegal content on on-line services which causes offence to human dignity, by handling complaints and transmitting the necessary information about alleged illegal content to the relevant national authorities. Transnational cooperation between the complaints-handling structures is also encouraged in order to strengthen the effectiveness of national measures;
promoting action to enable minors to make responsible use of on-line audiovisual and information services, notably by improving the level of awareness among parents, educators and teachers of the potential of the new services and of the ways in which they can be made safe for minors.
Member States are also called upon to facilitate identification of quality content and services for minors, including by providing Internet access in educational establishments and public places.

Action to be taken by the sectors and parties concerned

The industrial sectors and parties concerned are encouraged to:

cooperate with the relevant authorities in setting up structures representing all parties concerned; the aim is to facilitate participation in coordination efforts concerning the protection of minors and human dignity on both a European and an international level;
cooperate in drawing up codes of conduct for the protection of minors and human dignity applying to on-line services;
develop on a voluntary basis new means of protecting minors and informing viewers;
collaborate in the follow-up and regular evaluation of initiatives carried out on a national level concerning the application of this recommendation.

Actions to be taken at European Commission level

The Commission is invited to:

facilitate the networking of the bodies responsible for defining and implementing national self-regulation frameworks;
facilitate the sharing of experience and good practice at Community and international level;
encourage cooperation and the sharing of experience and good practice between the self-regulation structures and the structures for handling complaints about illegal content;
develop in cooperation with the competent national authorities a methodology for evaluating the measures taken pursuant to this recommendation.

Background

This recommendation follows on from the 1996 Green Paper on the protection of minors and human dignity in audiovisual and information services. This Green Paper marked the start of a debate, at European level, on the ethical dimension of the information society and on how public interest can be protected in the new services.

The Television without Frontiers Directive adopted in 1989 and amended in 1997 also contains provisions regarding the protection of minors from harmful content (in particular by means of watersheds and technical devices).

Related Acts

Recommendation 2006/952/EC of the European Parliament and of the Council of 20 December 2006 on the protection of minors and human dignity and on the right of reply in relation to the competitiveness of the European audiovisual and on-line information services industry [[Official Journal L 378 of 27.12.2006].

This Recommendation is another step towards cooperation between Member States, industry and all those involved in the protection of minors and human dignity in audiovisual and on-line information services. It completes and updates the 1998 Recommendation, taking into account recent technological developments in the sector and the changing media landscape.

EVALUATION REPORTS

Second evaluation report from the Commission of 12 December 2003 on the application of the Council Recommendation of 24 September 1998 concerning the protection of minors and human dignity [COM(2003) 776 final – Not published in the Official Journal].

This second evaluation report shows the progress made since 2000 on self-regulation issues, codes of conduct and technical and educational measures regarding protection of minors and human dignity.

The report concludes that Member States are applying the Recommendation in different ways. It emphasises that the number of telephone hotlines and codes of conduct in the Internet sector has increased significantly.
Self-regulation or co-regulation is less developed in the broadcasting sector, but the relevant systems seem to work very well.
Improvements needed, however, with respect to the participation of consumers’ associations and other parties concerned in the implementation of codes of conduct and other self-regulatory initiatives.

The report announces the Commission’s intention to propose, in 2004, an update of the Recommendation covering issues relating to media literacy, right of reply and anti-discrimination measures on the grounds of race, gender or nationality.

Evaluation report from the Commission of 27 February 2001 on the application of the Council Recommendation of 24 September 1998 concerning the protection of minors and human dignity [COM(2001) 106 final – Not published in the Official Journal].

The report indicates that, two years after the publication of the Recommendation, the implementation of proposed measures is already very satisfactory in general.

Most Member States have launched campaigns for safer use of the Internet and some have introduced new provisions such as police hotlines to deal with child pornography.

The Commission, for its part, has contributed to better protection of minors in the audiovisual sector with the implementation of the Safer Internet Action Plan.

Iceland – Information society and media

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Iceland – Information society and media

Outline of the Community (European Union) legislation about Iceland – Information society and media

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Audiovisual and media

Iceland – Information society and media

acquis) and, more specifically, the priorities identified jointly by the Commission and the candidate countries in the analytical assessment (or ‘screening’) of the EU’s political and legislative acquis. Each year, the Commission reviews the progress made by candidates and evaluates the efforts required before their accession. This monitoring is the subject of annual reports presented to the Council and the European Parliament.

Document or Iniciative

Commission Report [COM(2011) 666 final – SEC(2011) 1202 final – Not published in the Official Journal].

Summary

The 2011 Report provides a positive assessment of the application of the European Union (EU) rules, which is largely due to Iceland’s participation in the European Economic Area (EEA) and in European programmes.

EUROPEAN UNION ACQUIS (according to the Commission’s words)

The acquis includes specific rules relating to electronic communications, information society services, particularly e-commerce and services based on conditional access, and to audiovisual services. In the field of electronic communications, the acquis aims at removing the obstacles preventing the smooth running of the internal market of telecommunications services and networks, at encouraging competition and at protecting consumers’ interests, specifically by guaranteeing the universal availability of modern services.

In terms of audiovisual policy, the acquis requires legislative alignment with the Television without Frontiers Directive which creates the conditions for the free movement of television programmes in the European Union. The acquis intends to define a transparent, reliable and efficient regulatory framework for public and private broadcasting which meets European standards. It also estimates the capacity for participating in the Community programmes Media Plus and Media Training.

EVALUATION (according to the Commission’s words)

The country has already achieved a satisfactory level of alignment and has already applied a significant part of the EU acquis in the fields of information and media. However, the revised European framework for the regulation of communications still needs to be transposed. Similarly, several gaps need to be filled with regard to transposing the rules of audiovisual policy and information society policy.