L 199/40 Official Journal of the European Union 31.7.2007 REGULATION (EC) No 864/2007 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- PEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Articles 61(c) and 67 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 in the light of the joint text approved by the Con- ciliation Committee on 25 June 2007 (), Whereas: (1) The Community has set itself the objective of maintain- ing and developing an area of freedom, security and jus- tice. For the progressive establishment of such an area, the Community is to adopt measures relating to judicial coop- eration in civil matters with a cross-border impact to the extent necessary for the proper functioning of the inter- nal market. (2)  According to Article 65(b) of the Treaty, these measures are to include those promoting the compatibility of the rules applicable in the Member States concerning the con- flict of laws and of jurisdiction. (3)  The European Council meeting in Tampere on 15 and 16 October 1999 endorsed the principle of mutual recog- nition of judgments and other decisions of judicial authorities as the cornerstone of judicial cooperation in civil matters and invited the Council and the Commission to adopt a programme of measures to implement the prin- ciple of mutual recognition. (4)  On 30 November 2000, the Council adopted a joint Com- mission and Council programme of measures for imple- mentation of the principle of mutual recognition of decisions in civil and commercial matters (*). The pro- gramme identifies measures relating to the harmonisation of conflict-of-law rules as those facilitating the mutual rec- ognition of judgments. (1) OJ C 241, 28.9.2004, p. 1. (%) Opinion of the European Parliament of 6 July 2005 (O] C 157 E, 6.7.2006, p. 371), Council Common Position of 25 September 2006 (OJ C 289 E, 28.11.2006, p. 68) and Position of the European Parlia- ment of 18 January 2007 (not yet published in the Official Journal). European Parliament Legislative Resolution of 10 July 2007 and Council Decision of 28 June 2007. () 0] C 12, 15.1.2001, p. 1. (5)  The Hague Programme (*), adopted by the European Council on 5 November 2004, called for work to be pur- sued actively on the rules of conflict of laws regarding non-contractual obligations (Rome II). (6)  The proper functioning of the internal market creates a need, in order to improve the predictability of the out- come of litigation, certainty as to the law applicable and the free movement of judgments, for the conflict-of-law rules in the Member States to designate the same national law irrespective of the country of the court in which an action is brought. (7)  The substantive scope and the provisions of this Regula- tion should be consistent with Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (°) (Brussels 1) and the instruments dealing with the law applicable to contractual obligations. (8)  This Regulation should apply irrespective of the nature of the court or tribunal seised. (9 Claims arising out of acta iure imperii should include claims against officials who act on behalf of the State and liabil- ity for acts of public authorities, including liability of pub- licly appointed office-holders. Therefore, these matters should be excluded from the scope of this Regulation. (10)  Family relationships should cover parentage, marriage, affinity and collateral relatives. The reference in Atrticle 1(2) to relationships having comparable effects to marriage and other family relationships should be inter- preted in accordance with the law of the Member State in which the court is seised. (11)  The concept of a non-contractual obligation varies from one Member State to another. Therefore for the purposes of this Regulation non-contractual obligation should be understood as an autonomous concept. The conflict-of- law rules set out in this Regulation should also cover non- contractual obligations arising out of strict liability. (12)  The law applicable should also govern the question of the capacity to incur liability in tort/delict. (4 0J C 53, 3.3.2005, p. 1. (°) OJ L 12, 16.1.2001, p. 1. Regulation as last amended by Regulation (EC) No 1791/2006 (O] L 363, 20.12.2006, p. 1).