30.4.2004 Official Journal of the European Union L 143/15 REGULATION (EC) No 805/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 April 2004 creating a European Enforcement Order for uncontested claims THE EUROPEAN PARLIAMENT AND THE (5)  The concept of ‘uncontested claims’ should cover all COUNCIL OF THE EUROPEAN UNION, situations in which a creditor, given the verified absence of any dispute by the debtor as to the nature or extent ] o of a pecuniary claim, has obtained either a court Having regard to the Treaty establishing the European decision against that debtor or an enforceable document Community, and in particular Articles 61(c) and the second that requires the debtor’s express consent, be it a court indent of Article 67(5) thereof, settlement or an authentic instrument. Having regard to the proposal from the Commission (%), (6)  The absence of objections from the debtor as stipulated Having regard to the Opinion of the European Economic and in Article 3(1)(b) can take the shape of default of Social Committee (%), appearance at a court hearing or of failure to comply with an invitation by the court to give written notice of an intention to defend the case. Acting in accordance with the procedure laid down in Article 251 of the Treaty (?), Whereas: (7)  This Regulation should apply to judgments, court settlements and authentic instruments on uncontested claims and to decisions delivered following challenges to (1)  The Community has set itself the objective of judgments, court settlements and authentic instruments maintaining and developing an area of freedom, security certified as European Enforcement Orders. and justice, in which the free movement of persons is ensured. To this end, the Community is to adopt, inter alia, measures in the field of judicial cooperation in civil maters that are necessary for the proper functioning of 8 In its Tampere conclusions, the European Council the internal market. : : considered that access to enforcement in a Member State other than that in which the judgment has been () On 3 December 1998, the Council adopted an Action given shou.ld be acc.elerated and simplified by dispgnsing Plan of the Council and the Commission on how best to with any 1nt.ermedlate measures to be. taken prior to implement the provisions of the Treaty of Amsterdam fenforcement 1n.the Member State in which equrcement on an area of freedom, security and justice () (the is sought. A judgment that has been certified as a Vienna Action Plan). European Enforcement Order by the court of origin should, for enforcement purposes, be treated as if it had been delivered in the Member State in which (3)  The European Council meeting in Tampere on 15 and enforcement is sought. In the United Kingdom, for 16 October 1999 endorsed the principle of mutual example, the registration of a certified foreign judgment recognition of judicial decisions as the cornerstone for will therefore follow the same rules as the registration of the creation of a genuine judicial area. a judgment from another part of the United Kingdom and is not to imply a review as to the substance of the foreign judgment. Arrangements for the enforcement of (4 On 30 November 2000, the Council adopted a judgments should continue to be governed by national programme of measures for implementation of the law. principle of mutual recognition of decisions in civil and commercial matters (°). This programme includes in its first stage the abolition of exequatur, that is to say, the creation of a European Enforcement  Order for (9 Such a procedure should offer significant advantages as uncontested claims. () OJ C 203 E, 27.8.2002, p. 86. () OJ C 85, 8.4.2003, p. 1. (%) Opinion of the European Parliament of 8 April 2003 (O] C 64 E, 12.3.2004, p. 79), Council Common Position of 6.2.2004 (not yet published in the Official Journal) and Position of the European Parliament of 30.3.2004 (not yet published in the Official Journal). ) 0] C 19, 23.1.1999, p. 1. () 0] C 12, 15.1.2001, p. 1. ¢y 0] L 12, 16.1.2001, p. 1. Commission Regulation (EC) No 1496/2002 (O] L 225, 22.8.2002, p. 13). compared with the exequatur procedure provided for in Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (%), in that there is no need for approval by the Regulation as last amended by