What changed between the plenary report and the adopted text

Added:4. The applicant party shall make a request for notification pursuant to this Article only where it is unable to notify in accordance with the rules governing the notification of the document concerned in its Member State, or where such notification would give rise to disproportionate difficulties.

Added:5. The requested party shall ensure that notification in the Member State of the requested party is carried out in accordance with the national laws, regulations and administrative practices in force in the Member State of the requested party.

Added:6. Paragraph 5 shall be without prejudice to any other form of notification made by an authority of the Member State of the applicant party in accordance with the rules in force in that Member State. An authority in the Member State of the applicant party may notify any document directly by registered mail or electronically to a person within the territory of another Member State.’;

Added:(38) Article 78 is amended as follows:

Added:(a) paragraph 1 is replaced by the following:

Added:"1. At the request of the applicant party, the requested party shall recover claims which are the subject of an instrument permitting enforcement in the Member State of the applicant party. Any request for recovery shall be accompanied by a uniform instrument permitting enforcement by the Member State of the requested party.’;

Added:(b) in paragraph 2, point (b) is deleted;

Added:(c) paragraphs 3 and 4 are replaced by the following:

Added:“3. Before the applicant party makes a request for recovery, appropriate recovery procedures available in the Member State of the applicant party shall be applied, except in the following situations:

Added:(a) where it is obvious that there are no assets for recovery in the Member State of the applicant party or that such procedures will not result in the payment in full of the claim, and the applicant party has specific information indicating that the person concerned has assets in the Member State of the requested party;

Added:(b) where recourse to such procedures in the Member State of the applicant party would give rise to disproportionate difficulty.

Added:Where a requested party receives a request for recovery from an applicant party, the applicant party shall, at the request of the requested party, provide any additional information which would be necessary to the requested party in the recovery of the claim. The applicant party shall not be obliged to supply the information specified in Article 76(3) of the implementing Regulation.

Added:4. The request for recovery shall also contain a declaration by the applicant party confirming that the conditions laid down in paragraphs 2 and 3 have been fulfilled.’;

Added:(d) the following paragraph is added:

Added:"6. The request for recovery of a claim may be accompanied by other documents relating to the claim issued in the Member State of the applicant party.";

Added:(39) Articles 79 to 82 are replaced by the following

Added:"Article 79

Added:Instrument permitting enforcement of the recovery

Added:1. The uniform instrument permitting enforcement in the Member State of the requested party shall reflect the substantive content of the initial instrument permitting enforcement, and shall constitute the sole basis for the recovery and precautionary measures taken in the Member State of the requested party. It shall not be subject to any act of recognition, supplementing or replacement in that Member State.

Added:2. The uniform instrument permitting enforcement shall include:

Added:(a) the name, address and any other relevant information relating to the identification of the natural or legal person concerned or to the third party holding his or her assets;

Added:(b) the name, address and any other relevant information regarding the office responsible for the assessment of the claim, and, if different, the office where further information can be obtained concerning the claim or the possibilities for contesting the payment obligations;

Added:(c) information relevant to the identification of the instrument permitting its enforcement, issued in the Member State of the applicant party;

Added:(d) a description of the claim, including its nature, the period covered by the claim, the date on which the claim is due and any other relevant dates with regard to the enforcement process and the amount of the claim, including the principal, any interest, fines, administrative penalties and all other charges and costs due indicated in the currencies of the Member States of the applicant and requested parties;

Added:(e) the date of notification of the instrument to the addressee by the applicant party or by the requested party;

Added:(f) the date from which and the period during which enforcement is possible under the laws in force in the Member State of the applicant party;

Added:(g) any other relevant information. ▌

Added:Article 80

Added:Payment arrangements and deadlines

Added:1. Claims shall be recovered in the currency of the Member State of the requested party. Subject to Article 85(1a), the requested party shall remit the entire amount of the claim that it recovers to the applicant party.

Added:In remitting the amount of the claim to the applicant party, the requested party shall also provide relevant information relating to the identification of the natural or legal person concerned as referred to in Article 79(2) of the implementing Regulation.

Added:2. The requested party may, where the laws, regulations or administrative provisions in force in its own Member State so permit, allow the debtor time to pay or authorise payment by instalments. Any interest charged by the requested party in respect of such extra time to pay shall also be remitted to the applicant party. The requested party shall subsequently inform the applicant party of any such decision.

Added:From the date on which the recovery request is received, the requested party shall charge interest for late payment in accordance with the laws, regulations and administrative provisions in force in the Member State of the requested party.

Added:Article 81

Added:Contestation concerning the claim or the instrument permitting enforcement of its recovery and contestation concerning enforcement measures

Added:1. If, in the course of the recovery procedure, the claim, the initial instrument permitting enforcement in the Member State of the applicant party, the uniform instrument permitting enforcement in the Member State of the requested party or the validity of a notification made by an authority in the Member States of the applicant party are contested by an interested party, the action shall be brought by that interested party before the appropriate authorities of the Member State of the applicant party, in accordance with the laws in force in that Member State. The applicant party shall notify the requested party of this action without delay. The interested party may also inform the requested party of the action.

Added:2. As soon as the requested party has received the notification or information referred to in paragraph 1 from the applicant party or from the interested party, it shall suspend the enforcement procedure pending the decision of the appropriate authority in the matter, unless the applicant party makes a request to recover the claim in accordance with the second subparagraph of this paragraph. Without prejudice to Article 84 of the implementing Regulation, the requested party may take precautionary measures to guarantee recovery of the claim insofar as the laws or regulations in force in its Member State allow such action for similar claims.

Added:Notwithstanding the first subparagraph, the applicant party may, in accordance with the laws, regulations and administrative practices in force in its own Member State, submit a reasoned request to the requested party to recover a contested claim, in so far as the relevant laws, regulations and administrative practices in force in the Member State of the requested party provide for such action If the result of the contestation is subsequently favourable to the debtor, the applicant party shall be liable for the reimbursement of any sums recovered, together with any compensation due, in accordance with the legislation in force in the Member State of the requested party.

Added:3. Where the contestation concerns enforcement measures taken in the Member State of the requested party, or the validity of the notification made by an authority of the requested party, the action shall be brought before the appropriate authority of that Member State in accordance with its laws and regulations.

Added:Article 81a

Added:Withdrawals and amendments

Added:1. The applicant party shall inform the requested party immediately of any subsequent amendment to its request for recovery or of the withdrawal of its request, indicating the reasons for such an amendment or withdrawal.

Added:2. If the amendment to the request is based on a decision of the appropriate authority referred to in Article 81(1), the applicant party shall communicate to the requested party the decision, together with a revised uniform instrument permitting enforcement in the Member State of the requested party. The requested party shall proceed with further recovery measures on the basis of the revised instrument.

Added:Recovery or precautionary measures that were already taken on the basis of the original uniform instrument permitting enforcement in the Member State of the requested party may be continued on the basis of the revised instrument, unless an amendment to the request is due to the invalidity of the initial instrument permitting enforcement in the Member State of the applicant party or of the original uniform instrument permitting enforcement in the Member State of the requested party.

Added:Articles 79 and 81 shall apply in relation to the revised instrument.

Added:3. If the request is amended for a reason other than one referred to in paragraph 2 and such an amendment includes a reduction in the amount of the claim, the requested party shall continue any recovery or precautionary measures already undertaken, which shall be limited to the amount of the claim still outstanding.

Added:Article 82

Added:Limits applying to assistance

Added:1. Without prejudice to the competence to grant the assistance, the requested party shall not be obliged:

Added:(a) to grant the assistance provided for in Articles 78 to 81 of the implementing Regulation if recovery of the claim would, because of the situation of the debtor, create serious economic or social difficulties in the Member State of the requested party, insofar as the laws, regulations or administrative practices in force in the Member State of the requested party allow such action for similar national claims;

Added:(b) to grant the assistance provided for in Articles 76 to 81 of the implementing Regulation, if the initial request under Article 76, 77 or 78 of the implementing Regulation applies to claims that are more than five years old, from the date on which the claim is due in the Member State of the applicant party to the date of the initial request for assistance.

Added:With regard to point (b), if the claim or the initial instrument permitting enforcement in the Member State of the applicant party is contested, the five-year period shall begin from the date on which it is no longer possible to contest the claim or the instrument permitting recovery.

Added:Moreover, where a postponement of the deadline for payment or an instalment plan is accepted by the authorities of the Member State of the applicant party, the five-year period shall begin from the date on which the entire payment period has come to an end.

Added:However, in such cases the requested party shall not be obliged to grant the assistance in respect of claims which are more than 10 years old, calculated from the date on which the claim is due in the Member State of the applicant party.

Added:2. The requested party shall inform the applicant party of the grounds for refusing a request for assistance.";

Added:(40) Article 84 is replaced by the following:

Added:"Article 84

Added:Precautionary measures

Added:1. Upon the reasoned request of the applicant party, the requested party shall take precautionary measures ▌ in accordance with the national law and administrative practice in force in its Member State, to ensure recovery where a claim or the instrument permitting enforcement in the Member State of the applicant party is contested at the time when the request is made, or where the claim is not yet the subject of an instrument permitting enforcement in the Member State of the applicant party, in so far as precautionary measures would also be possible, in a similar situation, under the national law and administrative practices of the Member State of the applicant party.

Added:The document drawn up for permitting precautionary measures in the Member State of the applicant party and relating to the claim for which mutual assistance is requested, if any, shall be attached to the request for precautionary measures in the Member State of the requested party. That document shall not be subject to any act of recognition, supplementing or replacement in the Member State of the requested party.