27.6.2001 Official Journal of the European Communities L1741 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Com- munity, and in particular Article 61(c) and Article 67(1) thereof, Having regard to the initiative of the Federal Republic of Germany (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas: (1)  The European Union has set itself the objective of maintaining and developing the European Union as an area of freedom, security and justice in which the free movement of persons is ensured. For the gradual establishment of such an area, the Community is to adopt, among others, the measures relating to judicial cooperation in civil matters needed for the proper functioning of the internal market. (2)  For the purpose of the proper functioning of the internal market, cooperation between courts in the taking of evidence should be improved, and in particular simpli- fied and accelerated. (3)  Atits meeting in Tampere on 15 and 16 October 1999, the European Council recalled that new procedural legislation in cross-border cases, in particular on the taking of evidence, should be prepared. (4)  This area falls within the scope of Article 65 of the Treaty. (1) OJ C 314, 3.11.2000, p. 2. (?) Opinion delivered on 14 March 2001 (not yet published in the Official Journal). (%) Opinion delivered on 28 February 2001 (not yet published in the Official Journal). (5)  The objectives of the proposed action, namely the improvement of cooperation between the courts on the taking of evidence in civil or commercial matters, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level. The Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of pro- portionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve those objectives. (6)  To date, there is no binding instrument between all the Member States concerning the taking of evidence. The Hague Convention of 18 March 1970 on the taking of evidence abroad in civil or commercial matters applies between only 11 Member States of the European Union. (7)  As it is often essential for a decision in a civil or commercial matter pending before a court in a Member State to take evidence in another Member State, the Community’s activity cannot be limited to the field of transmission of judicial and extrajudicial documents in civil or commercial matters which falls within the scope of Council Regulation (EC) No 1348/2000 of 29 May 2000 on the serving in the Member States of judicial and extrajudicial documents in civil or commercial matters (4). It is therefore necessary to continue the improvement of cooperation between courts of Member States in the field of taking of evidence. (8)  The efficiency of judicial procedures in civil or commer- cial matters requires that the transmission and execution of requests for the performance of taking of evidence is to be made directly and by the most rapid means possible between Member States’ courts. () OJL 160, 30.6.2000, p. 37.