Brussels, 29/05/2000 (Agence Europe) - The Justice/Home Affairs Council, which met under the chairmanship of the Portuguese Interior Minister, Fernando Gomes, and Justice Minister Antonio Costa essentially made official the agreements already endorsed at expert level and at the Coreper level. Thus, the Fifteen adopted, among other things:
1. Regulation relating to the authority, recognition and implementation of decision on matrimonial matters and parental responsibility towards their mutual children. Following the convention known as "Brussels II", this regulation of the same name (which remained blocked because of controversy over Gibraltar) will take effect on 1 March 2001. It will also apply to the United Kingdom and Ireland, but not to Denmark, which, however, pointed out it wished to conclude a bilateral agreement with the Community on the same bases.
2. Regulation relating to significance and notification of judicial and extra-judicial acts in civil and commercial matters, the aim of which is to facilitate and accelerate procedures. It thus provides for the acts to be generally forwarded between the entities designated by the Member States, in order to avoid long transmission procedures currently prevailing. It also provides for the use of modern means of transmission (fax and electronic mail in future), subject to prior acceptance by the State of destination. This regulation will take effect on 31 May 2001. Denmark will not take part but has called for the terms to be used in the context of a bilateral agreement with the EC.
3. Regulation relating to insolvency proceedings. It will have taken practically 30 years to reach this agreement, as the Convention finalised by the Council in 1995 has never been signed by a Member State. The aim of this Regulation consists in defining common rules for cross-border insolvency procedures - an area which is not covered by the Convention Brussels I dated 1968 relating to judicial competence and the implementation of decisions in civil and commercial matters - in order to make them less unwieldy. Called upon to enter into force on 31 May 2002, it will not apply to insurance firms, credit establishments, investment companies which provide services involving the holding of funds or transferable securities, as these are subject to a specific regime and the control authorities have, as far as they are concerned, very broad powers of intervention. Denmark will not take part in the Regulation but has requested that a bilateral agreement be concluded with the EC on the same bases.
In the evening , the Council tackled, in detail, the theme of asylum and immigration (European Refugee Fund, family reunification, directives for the negotiation of admission agreements) and some progress was made that may serve as a guide to later work by experts. EUROPE will return to this as well as to the other results of the Council.