10.12.2007 Official Journal of the European Union L 324/79 REGULATION (EC) No 1393/2007 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000 THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- PEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Article 61(c) and Article 67(5), second indent, thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), Acting in accordance with the procedure laid down in Article 251 of the Treaty (2), Whereas: (1) The Union has set itself the objective of maintaining and developing the Union as an area of freedom, security and justice, in which the free movement of persons is assured. To establish such an area, the Community is to adopt, among others, the measures relating to judicial coopera- tion in civil matters needed for the proper functioning of the internal market. (2)  The proper functioning of the internal market entails the need to improve and expedite the transmission of judicial and extrajudicial documents in civil or commercial matters for service between the Member States. (3)  The Council, by an Act dated 26 May 1997 (3), drew up a Convention on the service in the Member States of the European Union of judicial and extrajudicial documents in civil or commercial matters and recommended it for adop- tion by the Member States in accordance with their respec- tive constitutional rules. That Convention has not entered into force. Continuity in the results of the negotiations for conclusion of the Convention should be ensured. (1) O] C 88, 11.4.2006, p. 7. (?) Opinion of the European Parliament of 4 July 2006 (O] C 303 E, 13.12.2006, p. 69), Council Common Position of 28 June 2007 (O] C 193 E, 21.8.2007, p. 13) and Position of the European Parlia- ment of 24 October 2007. (*) OJ C 261, 27.8.1997, p. 1. On the same day as the Convention was drawn up the Council took note of the explanatory report on the Con- vention which is set out on page 26 of the aforementioned Official Journal. (4)  On 29 May 2000 the Council adopted Regulation (EC) No 1348/2000 on the service in the Member States of judi- cial and extrajudicial documents in civil or commercial matters (). The main content of that Regulation is based on the Convention. (5)  On 1 October 2004 the Commission adopted a report on the application of Regulation (EC) No 1348/2000. The report concludes that the application of Regulation (EC) No 1348/2000 has generally improved and expedited the transmission and the service of documents between Mem- ber States since its entry into force in 2001, but that nev- ertheless the application of certain provisions is not fully satisfactory. (6)  Efficiency and speed in judicial procedures in civil matters require that judicial and extrajudicial documents be trans- mitted directly and by rapid means between local bodies designated by the Member States. Member States may indi- cate their intention to designate only one transmitting or receiving agency or one agency to perform both functions, for a period of five years. This designation may, however, be renewed every five years. (7)  Speed in transmission warrants the use of all appropriate means, provided that certain conditions as to the legibility and reliability of the document received are observed. Security in transmission requires that the document to be transmitted be accompanied by a standard form, to be completed in the official language or one of the official lan- guages of the place where service is to be effected, or in another language accepted by the Member State in question. (8)  This Regulation should not apply to service of a document on the party’s authorised representative in the Member State where the proceedings are taking place regardless of the place of residence of that party. (9)  The service of a document should be effected as soon as possible, and in any event within one month of receipt by the receiving agency. (10)  To secure the effectiveness of this Regulation, the possibil- ity of refusing service of documents should be confined to exceptional situations. (11)  In order to facilitate the transmission and service of docu- ments between Member States, the standard forms set out in the Annexes to this Regulation should be used. (% O] L 160, 30.6.2000, p. 37.