LegalizeCommission Implementing Regulation (EU) 2016/1823 of 10 October 2016 establishing the forms referred to in Regulation (EU) No 655/2014 of the European Parliament and of the Council establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 655/2014 of the European Parliament and of the Council of 15 May 2014 establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters (1), and in particular Article 51 thereof,
Whereas:
(1) In order to ensure the proper application of Regulation (EU) No 655/2014 several forms should be established.
(2) In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Ireland took part in the adoption of Regulation (EU) No 655/2014. Therefore Ireland is taking part in the adoption of this Regulation.
(3) In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, the United Kingdom did not take part in the adoption of Regulation (EU) No 655/2014. Therefore the United Kingdom is not taking part in the adoption of this Regulation.
(4) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark did not take part in the adoption of Regulation (EU) No 655/2014. Therefore Denmark is not taking part in the adoption of this Regulation.
(5) The measures provided for in this Regulation are in accordance with the opinion of the European Account Preservation Order Committee established under Regulation (EU) No 655/2014,
HAS ADOPTED THIS REGULATION:
Article 1
The form to be used to apply for a European Account Preservation Order, as referred to in Article 8(1) of Regulation (EU) No 655/2014, shall be as set out in Annex I to this Regulation.
The form to be used for the issue of a European Account Preservation Order, as referred to in Article 19(1) of Regulation (EU) No 655/2014, shall be as set out in Annex II to this Regulation.
The form to be used for the revocation of a European Account Preservation Order, as referred to in Article 10(2) of Regulation (EU) No 655/2014, shall be as set out in Annex III to this Regulation.
The form to be used for the issue of a declaration concerning the preservation of funds, as referred to in Article 25(1) of Regulation (EU) No 655/2014, shall be as set out in Annex IV to this Regulation.
The form to be used to request the release of over-preserved amounts, as referred to in Article 27(2) of Regulation (EU) No 655/2014, shall be as set out in Annex V to this Regulation.
The form to be used for the issue of an acknowledgement of receipt, as referred to in Article 29(2) of Regulation (EU) No 655/2014, shall be as set out in Annex VI to this Regulation.
The form to be used to apply for a remedy, as referred to in Article 36(1) of Regulation (EU) No 655/2014, shall be as set out in Annex VII to this Regulation.
The form to be used to transmit a decision on a remedy to the Member State of enforcement, as referred to in Article 36(5) of Regulation (EU) No 655/2014, shall be as set out in Annex VIII to this Regulation.
The form to be used to appeal against a decision on a remedy, as referred to in Article 37 of Regulation (EU) No 655/2014, shall be as set out in Annex IX to this Regulation.
Article 2
This Regulation shall enter into force on 18 January 2017.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
Done at Brussels, 10 October 2016.
For the Commission The President Jean-Claude JUNCKER