(1)

The European Council at Tampere in October 1999 requested the Commission to study the need to harmonise legislation in the area of substantive civil law.

(2)

The Commission issued a Communication on European contract law (1) in 2001 with the purpose of launching a process of consultation on potential problems and actions in the area of contract law, the responses to which indicated a clear consensus on the need to improve the consistency of the existing Union contract law legislation in order to ensure its uniform application and a smooth functioning of the internal market.

(3)

The Commission issued an action plan entitled ‘A more coherent European contract law’ (2) in 2003 which proposed to improve the quality and coherence of Union contract law legislation through the establishment of a Common Frame of Reference, which would provide the Union with a non-binding reference tool containing principles, definitions and model rules to be used for the revision of existing Union legislation and the preparation of new legislation in the area of contract law.

(4)

As a preparatory measure, the Commission financed in 2005, through a grant under the 6th Framework Programme for Research, a European academic network of researchers to carry out in-depth legal research which led to an academic Draft Common Frame of Reference (hereinafter referred to as ‘the Draft Common Frame of Reference’).

(5)

The Stockholm Programme for 2010-2014 invites the Commission to submit a proposal on a Common Frame of Reference in the area of European contract law which should be a non-binding set of fundamental principles, definitions and model rules to be used by the lawmakers at Union level to ensure greater coherence and quality in the lawmaking process.

(6)

The Europe 2020 strategy for smart, sustainable and inclusive growth (3) recognises the need to make it easier and less costly for businesses and consumers to conclude contracts with partners in other EU countries, inter alia, by making progress towards an optional European Contract Law.

(7)

It is therefore necessary to set up a group of experts in the area of civil law, and in particular contract law, and to define its tasks and its structure.

(8)

The group should assist the Commission in preparing a proposal for a Common Frame of Reference in the area of European contract law, including consumer and business contract law, using the Draft Common Frame of Reference as a starting point and taking into consideration other research work conducted in this area as well as the Union acquis. The group should, in particular, help the Commission select those parts of the Draft Common Frame of Reference which are of direct or indirect relevance for contract law, and restructure, revise and supplement the selected contents.

(9)

The group should be composed of highly qualified experts with competence in the area of civil law, and in particular contract law, appointed in a personal capacity.

(10)

Rules on disclosure of information by members of the group should be provided for, without prejudice to the Commission’s rules on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (4).

(11)

Personal data relating to members of the group should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (5).

(12)

It is appropriate to fix a period for the application of this Decision. The Commission will in due time consider the advisability of an extension,

(a)

selecting those parts of the Draft Common Frame of Reference which are of direct or indirect relevance to contract law; and

(b)

restructuring, revising and supplementing the selected contents of the Draft Common Frame of Reference, taking also into consideration other research work conducted in this area as well as the Union acquis.