European Account Preservation Order

EESC opinion: European Account Preservation Order

Key points:

  • The EESC welcomes the presentation of the proposal for a regulation and is pleased that the Commission has taken on board a considerable part of the recommendations made by the EESC in its opinion on the 2006 Green Paper on the attachment of bank accounts.
  • The EESC considers that this proposal should be accompanied by a simultaneous regulation on the transparency of debtors' assets.
  • The clear adoption of an alternative or optional approach, the choice of a regulation as the EU instrument to best ensure the legislative harmonisation, application of the measure only to cross-border situations and the choice of the legal basis (Article 81(2) TFEU) are particularly welcome.
  • However, the EESC is not entirely convinced with regard either to the essential nature of the measure or to its full compliance with the principles of subsidiarity and proportionality. The Committee considers also that the content of some provisions needs to be reviewed and could be improved.

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