30.12.2006 Official Journal of the European Union L 399/1 I (Acts whose publication is obligatory) REGULATION (EC) No 1896/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 December 2006 creating a European order for payment procedure 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) 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 (?), Whereas: (1)  The Community has set itself the objective of maintain- ing and developing an area of freedom, security and jus- tice in which the free movement of persons is ensured. For the gradual establishment of such an area, the Commu- nity is to adopt, inter alia, measures in the field of judicial cooperation in civil matters having cross-border implica- tions and needed for the proper functioning of the inter- nal market. (2)  According to Article 65(c) of the Treaty, these measures are to include measures eliminating obstacles to the good functioning of civil proceedings, if necessary by promot- ing the compatibility of the rules on civil procedure appli- cable in the Member States. (3)  The European Council meeting in Tampere on 15 and 16 October 1999 invited the Council and the Commis- sion to prepare new legislation on issues that are instru- mental to smooth judicial cooperation and to enhanced access to law and specifically made reference, in that con- text, to orders for money payment. (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 (1) 0] C 221, 8.9.2005, p. 77. (?) Opinion of the European Parliament of 13 December 2005 (not yet published in the Official Journal), Council Common Position of 30 June 2006 (not yet published in the Official Journal) and Position of the European Parliament of 25 October 2006. Council Decision of 11 December 2006. decisions in civil and commercial matters (3). The pro- gramme envisages the possibility of a specific, uniform or harmonised procedure laid down within the Community to obtain a judicial decision in specific areas including that of uncontested claims. This was taken forward by the Hague Programme, adopted by the European Council on 5 November 2004, which called for work to be actively pursued on the European order for payment. (5)  The Commission adopted a Green Paper on a European order for payment procedure and on measures to simplify and speed up small claims litigation on 20 Decem- ber 2002. The Green Paper launched consultations on the possible objectives and features of a uniform or harmon- ised European procedure for the recovery of uncontested claims. (6)  The swift and efficient recovery of outstanding debts over which no legal controversy exists is of paramount impor- tance for economic operators in the European Union, as late payments constitute a major reason for insolvency threatening the survival of businesses, particularly small and medium-sized enterprises, and resulting in numerous job losses. (7 All Member States are trying to tackle the issue of mass recovery of uncontested claims, in the majority of States by means of a simplified order for payment procedure, but both the content of national legislation and the per- formance of domestic procedures vary substantially. Fur- thermore, the procedures currently in existence are frequently either inadmissible or impracticable in cross- border cases. (8)  The resulting impediments to access to efficient justice in cross-border cases and the distortion of competition within the internal market due to imbalances in the func- tioning of procedural means afforded to creditors in dif- ferent Member States necessitate Community legislation guaranteeing a level playing field for creditors and debt- ors throughout the European Union. () 0] € 12,15.1.2001, p. 1.