Council Regulation (EC) No 1791/2006Show full title

Council Regulation (EC) No 1791/2006 of 20 November 2006 adapting certain Regulations and Decisions in the fields of free movement of goods, freedom of movement of persons, company law, competition policy, agriculture (including veterinary and phytosanitary legislation), transport policy, taxation, statistics, energy, environment, cooperation in the fields of justice and home affairs, customs union, external relations, common foreign and security policy and institutions, by reason of the accession of Bulgaria and Romania

11.COOPERATION IN THE FIELDS OF JUSTICE AND HOME AFFAIRSU.K.

A.JUDICIAL COOPERATION IN CIVIL AND COMMERCIAL MATTERSU.K.

F11.32000 R 1346: Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (OJ L 160, 30.6.2000, p. 1), as amended by:U.K.

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Textual Amendments

2.32001 R 0044: Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 12, 16.1.2001, p. 1), as amended by:U.K.

  • 32002 R 1496: Commission Regulation (EC) No 1496/2002 of 21.8.2002 (OJ L 225, 22.8.2002, p. 13),

  • 12003 T: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33),

  • 32004 R 1937: Commission Regulation (EC) No 1937/2004 of 9.11.2004 (OJ L 334, 10.11.2004, p. 3),

  • 32004 R 2245: Commission Regulation (EC) No 2245/2004 of 27.12.2004 (OJ L 381, 28.12.2004, p. 10).

(a)

The following is added to Article 69:

‘—the Convention between Bulgaria and Belgium on certain Judicial Matters, signed at Sofia on 2 July 1930,
—the Agreement between the People's Republic of Bulgaria and the Federative People's Republic of Yugoslavia on Mutual Legal Assistance, signed at Sofia on 23 March 1956, still in force between Bulgaria and Slovenia,
—the Treaty between the People's Republic of Romania and the People's Republic of Hungary on Legal Assistance in Civil, Family and Criminal Matters, signed at Bucharest on 7 October 1958,
—the Treaty between the People's Republic of Romania and the Czechoslovak Republic on Legal Assistance in Civil, Family and Criminal Matters, signed at Prague on 25 October 1958, still in force between Romania and Slovakia,
—the Agreement between the People's Republic of Bulgaria and the Romanian People's Republic on Legal Assistance in Civil, Family and Criminal Matters, signed at Sofia on 3 December 1958,
—the Treaty between the People's Republic of Romania and the Federal People's Republic of Yugoslavia on Legal Assistance, signed at Belgrade on 18 October 1960 and its Protocol, still in force between Romania and Slovenia,
—the Agreement between the People's Republic of Bulgaria and the Polish People's Republic on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters, signed at Warsaw on 4 December 1961,
—the Convention between the Socialist Republic of Romania and the Republic of Austria on Legal Assistance in Civil and Family law and the Validity and Service of Documents and its annexed Protocol, signed at Vienna on 17 November 1965,
—the Agreement between the People's Republic of Bulgaria and the Hungarian People's Republic on Legal Assistance in Civil, Family and Criminal Matters, signed at Sofia on 16 May 1966,
—the Convention between the Socialist Republic of Romania and the Hellenic Republic on Legal Assistance in Civil and Criminal Matters and its Protocol, signed at Bucharest on 19 October 1972,
—the Convention between the Socialist Republic of Romania and the Italian Republic on Judicial Assistance in Civil and Criminal Matters, signed at Bucharest on 11 November 1972,
—the Convention between the Socialist Republic of Romania and the French Republic on Legal Assistance in Civil and Commercial Matters, signed at Paris on 5 November 1974,
—the Convention between the Socialist Republic of Romania and the Kingdom of Belgium on Legal Assistance in Civil and Commercial Matters, signed at Bucharest on 30 October 1975,
—the Agreement between the People's Republic of Bulgaria and the Hellenic Republic on Legal Assistance in Civil and Criminal Matters, signed at Athens on 10 April 1976,
—the Agreement between the People's Republic of Bulgaria and the Czechoslovak Socialist Republic on Legal Assistance and Settlement of Relations in Civil, Family and Criminal Matters, signed at Sofia on 25 November 1976,
—the Convention between the Socialist Republic of Romania and the United Kingdom of Great Britain and Northern Ireland on Legal Assistance in Civil and Commercial Matters, signed at London on 15 June 1978,
—the Additional Protocol to the Convention between the Socialist Republic of Romania and the Kingdom of Belgium on Legal Assistance Civil and Commercial Matters, signed at Bucharest on 30 October 1979,
—the Convention between the Socialist Republic of Romania and the Kingdom of Belgium on Recognition and Enforcement of Decisions in Alimony Obligations, signed at Bucharest on 30 October 1979,
—the Convention between the Socialist Republic of Romania and the Kingdom of Belgium on Recognition and Enforcement of Divorce Decisions, signed at Bucharest on 6 November 1980,
—the Agreement between the People's Republic of Bulgaria and the Republic of Cyprus on Legal Assistance in Civil and Criminal Matters, signed at Nicosia on 29 April 1983,
—the Agreement between the Government of the People's Republic of Bulgaria and the Government of the French Republic on Mutual Legal Assistance in Civil Matters, signed at Sofia on 18 January 1989,
—the Agreement between the People's Republic of Bulgaria and the Italian Republic on Legal Assistance and Enforcement of Decisions in Civil Matters, signed at Rome on 18 May 1990,
—the Agreement between the Republic of Bulgaria and the Kingdom of Spain on Mutual Legal Assistance in Civil Matters, signed at Sofia on 23 May 1993,
—the Treaty between Romania and the Czech Republic on Judicial Assistance in Civil Matters, signed at Bucharest on 11 July 1994,
—the Convention between Romania and the Kingdom of Spain on Jurisdiction, Recognition and Enforcement of Decisions in Civil and Commercial Matters, signed at Bucharest on 17 November 1997,
—the Convention between Romania and the Kingdom of Spain — complementary to the Hague Convention relating to civil procedure law (Hague, 1 March 1954), signed at Bucharest on 17 November 1997,
—the Treaty between Romania and the Republic of Poland on Legal Assistance and Legal Relations in Civil Cases, signed at Bucharest on 15 May 1999.’
(b)

In Annex I, the following is inserted between the entries for Belgium and the Czech Republic:

‘—in Bulgaria: Article 4(1), of the International Private Law Code,’

and, between the entries for Portugal and Slovenia:

‘—in Romania: Articles 148-157 of Law No. 105/1992 on Private International Law Relations,’
(c)

In Annex II, the following is inserted between the entries for Belgium and the Czech Republic:

‘—in Bulgaria, the “Софийски градски съд”’

and, between the entries for Portugal and Slovenia:

‘—in Romania, the “Tribunal”,’
(d)

In Annex III, the following is inserted between the entries for Belgium and the Czech Republic:

‘—in Bulgaria, the “Апелативен съд — София”’

and, between the entries for Portugal and Slovenia:

‘—in Romania, the “Curte de Apel”.’
(e)

In Annex IV, the following is inserted between the entries for Belgium and the Czech Republic:

‘—in Bulgaria, “обжалване пред Върховния касационен съд”’

and, between the entries for Portugal and Slovenia:

‘—in Romania, a “contestatie in anulare” or a “revizuire”.’

B.VISA POLICYU.K.

1.31995 R 1683: Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (OJ L 164, 14.7.1995, p. 1), as amended by:U.K.

  • 32002 R 0334: Council Regulation (EC) No 334/2002 of 18.2.2002 (OJ L 53, 23.2.2002, p. 7),

  • 12003 T: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33).

In the Annex, point 3 is replaced by the following:

‘3.The logo consisting of a letter or letters indicating the issuing Member State (or “BNL” in the case of the Benelux countries, namely Belgium, Luxembourg and the Netherlands) with a latent image effect shall appear in this space. This logo shall appear light when held flat and dark when turned by 90°. The following logos shall be used: A for Austria, BG for Bulgaria, BNL for Benelux, CY for Cyprus, CZE for the Czech Republic, D for Germany, DK for Denmark, E for Spain, EST for Estonia, F for France, FIN for Finland, GR for Greece, H for Hungary, I for Italy, IRL for Ireland, LT for Lithuania, LVA for Latvia, M for Malta, P for Portugal, PL for Poland, ROU for Romania, S for Sweden, SK for Slovakia, SVN for Slovenia, UK for the United Kingdom.’.
2.41999 D 0013: the definitive version of the Common Consular Instructions (SCH/Com-ex (99)) 13 (OJ L 239, 22.9.2000, p. 317), as adopted by Decision of the Executive Committee of 28 April 1999, have since been amended by the acts listed below. A revised version of the Common Consular Instructions containing those amendments and including other amendments made pursuant to the provisions of Council Regulation (EC) No 789/2001 of 24 April 2001 (OJ L 116, 26.4.2001, p. 2), has been published in OJ C 326, 22.12.2005, p. 1.U.K.

The following adaptations are made to the Common Consular Instructions:

(a)

In Annex 1, part II, the following entries are deleted:

‘BULGARIA’,

‘ROMANIA’.

(b)

In Annex 2, the following entry is deleted from Schedule A:

‘Romania’.

(c)

In Annex 2, the following entries are inserted in Schedule A:

a

Holders of diplomatic and/or service passports who are accredited as members of the diplomatic or consular staff in the territory of Bulgaria shall be subject to visa requirements for their first entry, but shall be exempt from these requirements during the remainder of their assignment.

b

Holders of diplomatic and/or service passports who are not accredited as members of the diplomatic or consular staff in the territory of Bulgaria shall be exempt from visa requirement for a maximum period of thirty (30) days.’

‘BGRO
AlbaniaDSaD
AlgeriaD
Angola
Antigua and Barbuda
ArmeniaDDS
AzerbaijanDSDS
Bahamas
Barbados
BelarusDS
Benin
Bosnia and HerzegovinaDSDS
Botswana
Burkina Faso
Cambodia
Cape Verde
Central AfricaDS
Chad
People's Republic of ChinaDSbDS
ColombiaDS
CongoDS
Côte d'Ivoire
Cuba
Dominica
Dominican Republic
Ecuador
Egypt
Fiji
Former Yugoslav Republic of MacedoniaDSbDS
Gabon
Gambia
GhanaDS
GuineaDS
Guyana
GeorgiaDaDS
India
IranDSbD
Jamaica
JordanD
KazakhstanDS
Kenya
Kuwait
KyrgyzstanDS
Laos
Lesotho
Malawi
Maldives
MoroccoDSDS
MauritaniaDS
MoldovaDSDS
MongoliaDSDS
Mozambique
Namibia
Niger
North KoreaDSa
PakistanDS
PeruDSDS
PhilippinesDS
Russian FederationDSaDS
Samoa
São Tomé and PríncipeDS
SenegalDS
Serbia and MontenegroDSb
Seychelles
Sierra LeoneDS
South AfricaDSDS
Swaziland
TajikistanDS
TanzaniaDS
ThailandDS
Togo
Trinidad and Tobago
TunisiaDS
TurkeyDSa bDS
TurkmenistanDS
Uganda
UkraineDSDS
UzbekistanD
VietnamDSDS
Yemen
ZambiaD
Zimbabwe
(d)

In Annex 2, the following entries are inserted in Schedule B:

‘BGRO
AustraliaX
Chile
Israel
Mexico
United States of AmericaX’
(e)

In Part I of Annex 3, the footnote relating to Iran is replaced by the following:

‘For Bulgaria, Germany and Cyprus:

  • the following persons shall be exempt from the ATV requirement:

    • holders of diplomatic and service passports.

For Poland:

  • the following persons shall be exempt from the ATV requirement:

    • holders of diplomatic passports.’

(f)

In Part II of Annex 3, the following entries are inserted in the list:

‘BGRO
Albania
AngolaX
Armenia
Azerbaijan
Burkina Faso
Cameroon
Congo
Côte d'Ivoire
Cuba
Egypt
EthiopiaX
Gambia
Guinea
Guinea Bissau
Haiti
IndiaX
Jordan
Lebanon
LiberiaX
Libya
Mali
North Korea
Northern Marianas
Philippines
Rwanda
Senegal
Sierra Leone
SudanX
Syria
Togo
Turkey
Vietnam’
(g)

In Annex 7, the following is inserted between the entries for Belgium and the Czech Republic:

‘BULGARIA

According to the Aliens Act and its implementing Regulation, an alien wishing to enter for a short-term stay or to transit through the Republic of Bulgaria shall provide proof of possession of:

  • sufficient financial means for daily subsistence in the Republic of Bulgaria — a minimum amount of 50 BGN per day or its equivalent in other currency;

  • sufficient financial means for departure from the Republic of Bulgaria;

in cash, non-cash means of payment (e.g. credit card, cheque, etc.), tourist voucher or other credible proof.’

and, between the entries for Portugal and Slovenia:

‘ROMANIA

Government Emergency Ordinance No. 194/2002 on the Regime of Aliens in Romania contains the following relevant provisions:

Article 6

‘Entry on the Romanian territory may be permitted to aliens complying with the following conditions:

[…]

(c)

they shall present, under the restrictions of this Emergency Ordinance, the documents that justify the purpose and conditions of their stay and which prove the existence of appropriate means both for their support during the interval of their stay, and for the return to the state of origin or for the transit to another state where there is the certainty that they shall be allowed to enter;

[…].’

Article 29(2)

‘Cash in convertible currency, travellers cheques, cheque books over a foreign exchange bank account, credit cards with a statement of account dated no more than 2 days before the request of visa or any other method proving the existence of adequate financial resources may be accepted as a proof of financial means’.

Article 35

‘For obtaining the short-term visa at the Romanian diplomatic missions and consular offices, besides other conditions stipulated by law, aliens shall present proof of financial means of an amount of EUR 100/day or the equivalent value in convertible currency for the entire period of stay.

The fulfilment of this condition is required for the following types of short-term visa:

  • Tourism;

  • Visit;

  • Business;

  • Cultural, scientific, humanitarian activities, short-term medical treatment or other activities which do not infringe Romanian legislation.’’.’

(h)

In the Annex to Annex 8, point 3 is replaced by the following:

‘3.The logo consisting of a letter or letters indicating the issuing Member State (or “BNL” in the case of the Benelux countries, namely Belgium, Luxembourg and the Netherlands) with a latent image effect shall appear in this space. This logo shall appear light when held flat and dark when turned by 90°. The following logos shall be used: A for Austria, BG for Bulgaria, BNL for Benelux, CY for Cyprus, CZE for the Czech Republic, D for Germany, DK for Denmark, E for Spain, EST for Estonia, F for France, FIN for Finland, GR for Greece, H for Hungary, I for Italy, IRL for Ireland, LT for Lithuania, LVA for Latvia, M for Malta, P for Portugal, PL for Poland, ROU for Romania, S for Sweden, SK for Slovakia, SVN for Slovenia, UK for the United Kingdom.’.
F23.32001 R 0539: Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1), as amended by:U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

C.MISCELLANEOUSU.K.

41994 D 0028: Decision of the Executive Committee of 22 December 1994 on the certificate provided for in Article 75 to carry narcotic drugs and psychotropic substances (SCH/Com-ex (94) 28 rev.) (OJ L 239, 22.9.2000, p. 463), as amended by:

  • 12003 T: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33).

In Annex II, the following is inserted between the entries for Belgium and the Czech Republic:

‘BULGARIA:

Ministry of Health

5, Sveta Nedelia Square

Sofia 1000

Tel: + 359 2930 11 52

Fax: + 359 2981 18 33’

and, between the entries for Portugal and Slovenia:

‘ROMANIA

General Pharmaceutical Directorate

Ministry of Health

Strada Cristian Popisteanu nr. 1-3

Bucharest Sector 3

Tel: + 40 21 307 25 49

Fax: + 40 21 307 25 48’.