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Document 32017R1260

Commission Delegated Regulation (EU) 2017/1260 of 19 June 2017 replacing Annex I to Regulation (EC) No 1896/2006 of the European Parliament and of the Council creating a European order for payment procedure

C/2017/3984

OJ L 182, 13.7.2017, p. 20–30 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

In force

ELI: http://data.europa.eu/eli/reg_del/2017/1260/oj

13.7.2017   

EN

Official Journal of the European Union

L 182/20


COMMISSION DELEGATED REGULATION (EU) 2017/1260

of 19 June 2017

replacing Annex I to Regulation (EC) No 1896/2006 of the European Parliament and of the Council creating a European order for payment procedure

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure (1), and in particular Article 30 thereof,

Whereas:

(1)

Regulation (EC) No 1896/2006 establishes in its Annexes the forms to be used to facilitate its application.

(2)

Regulation (EC) No 1896/2006 was amended by Regulation (EU) 2015/2421 of the European Parliament and of the Council (2) with the effect from 14 July 2017. From that date where a European Order for Payment is opposed, the claimant has the possibility to request that the proceedings continue in accordance with the rules of the European Small Claims Procedure laid down in Regulation (EC) No 861/2007 of the European Parliament and of the Council (3). Appendix 2 and the guidelines thereto in Annex I should take into account such possibility. For the sake of clarity, it is appropriate to replace the whole Annex I.

(3)

As the amendments to Regulation (EC) No 1896/2006 will start to apply on 14 July 2017, this Regulation should enter into force on 14 July 2017.

(4)

In accordance with Article 3 and Article 4a(1) 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, the United Kingdom and Ireland have notified their wish to take part in the adoption and application of Regulation (EC) No 1896/2006 and of Regulation (EU) 2015/2421, and are therefore bound by this Regulation.

(5)

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 is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(6)

Therefore, it is necessary to replace Annex I to Regulation (EC) No 1896/2006,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 1896/2006 is replaced by the text in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 14 July 2017.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at Brussels, 19 June 2017.

For the Commission

The President

Jean-Claude JUNCKER


(1)  OJ L 399, 30.12.2006, p. 1.

(2)  Regulation (EU) 2015/2421 of the European Parliament and of the Council of 16 December 2015 amending Regulation (EC) No 861/2007 establishing a European Small Claims Procedure and Regulation (EC) No 1896/2006 creating a European order for payment procedure (OJ L 341, 24.12.2015, p. 1).

(3)  Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure (OJ L 199, 31.7.2007, p. 1).


ANNEX

ANNEX I

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