3. The Treaty of Amsterdam4 3.1 Introduction Accord ing to the amsterdam Treaty, the implementation of a European Jud icial Area is an independent aim of the Community. 5 The legal basis to achieve that aim is article 65. This Article indicates the legal measures that may be used in the area of cooperation in civil and commercial matters with cross-border effects, including civil procedure, as far as is required for the well-functioning of the internal market. These measures include the improvement and simplification of the cross-border service of documents, cooperation in the collection of means of evidence and the recognition and enforcement of judicial decisions in civil and commercial matters. Article 65 also includes a general provision of civil procedure, which provides a legal basis for taking measures to eliminate obstacles to the well-functioning of civil proceedings, if necessary by promoting the compatibility of the rules on civil procedure applicable in the Member States Especially Article 65 of the Amsterdam Treaty, which declares the harmonisation of civil procedure to be an explicit task of the Union, is new. Some insight into the meaning of this article is provided by the vienna Action Plan, which was accepted by the Council and the Commission in January 1999. aMongst the general measures to be taken are legal certainty and equal access to the courts, both to be guaranteed by certainty over the competent court and over the applicable law, and by speedy and honest proceedings followed by an effective enforcement of the decision. 7 To achieve these aims, the Community may take legal measures which are consistent with the principles of subsid arity and proportionality. 8 This means that the measures may not stretch beyond what is necessary Subsequently, in its Conclusion of Tampere the European Council gave a more explicit interpretation of these general legal measures and thus it started the actual developments involved in harmonising the legislation of European civil procedure. 9The Tampere Conclusions indicate some specific items of civil procedure, to be based on Article 65, which have to be realised in an exped itious, some even in a speedy way. Among these are simplified and accelerated procedures for small and uncontested claims, the simplified enforcement of court decisions through the abolition of the exequatur and the introduction of a European enforcement order. In addition, an easily accessible system of legal information should be installed through a network of competent national authorities 4 OJ1997C 340 Entered into force 1 May 1999 Arts. 61 and 69 of the EC Treaty. See B. Hess, The Integrating Effect of European Civil Procedural aw,EJLR,2002,pp.3-17 16 Council and Commission Action Plan of 3 December 1998 on how best to implement the provisions of the Treaty of Amsterdam on the creation of an area of freedom, security and justice, text adopted by the Justice and Home Affairs Council of 3 December 1998 (known as the Vienna Action Plan), OJC19/01 of23 January 1999 Action Plan(see note 16, paras. 15 and 16) Article 5 of the Treaty esta blishing the European Community Tampere Council, 15/16 October 1999, EU Bull. 10-1999, pp 7-15 44 3. The Treaty of Amsterdam14 3.1 Introduction According to the Amsterdam Treaty, the implementation of a European Judicial Area is an independent aim of the Community.15 The legal basis to achieve that aim is Article 65. This Article indicates the legal measures that may be used in the area of cooperation in civil and commercial matters with cross-border effects, including civil procedure, as far as is required for the well-functioning of the internal market. These measures include the improvement and simplification of the cross-border service of documents, cooperation in the collection of means of evidence and the recognition and enforcement of judicial decisions in civil and commercial matters. Article 65 also includes a general provision of civil procedure, which provides a legal basis for taking measures to eliminate obstacles to the well-functioning of civil proceedings, if necessary by promoting the compatibility of the rules on civil procedure applicable in the Member States. Especially Article 65 of the Amsterdam Treaty, which declares the harmonisation of civil procedure to be an explicit task of the Union, is new. Some insight into the meaning of this Article is provided by the Vienna Action Plan, which was accepted by the Council and the Commission in January 1999.16Amongst the general measures to be taken are legal certainty and equal access to the courts, both to be guaranteed by certainty over the competent court and over the applicable law, and by speedy and honest proceedings followed by an effective enforcement of the decision.17 To achieve these aims, the Community may take legal measures which are consistent with the principles of subsidiarity and proportionality.18 This means that the measures may not stretch beyond what is necessary. Subsequently, in its Conclusion of Tampere the European Council gave a more explicit interpretation of these general legal measures and thus it started the actual developments involved in harmonising the legislation of European civil procedure.19 The Tampere Conclusions indicate some specific items of civil procedure, to be based on Article 65, which have to be realised in an expeditious, some even in a speedy way. Among these are simplified and accelerated procedures for small and uncontested claims, the simplified enforcement of court decisions through the abolition of the exequatur and the introduction of a European enforcement order. In addition, an easily accessible system of legal information should be installed through a network of competent national authorities. 14 OJ 1997 C 340. Entered into force 1 May 1999. 15 Arts. 61 and 69 of the EC Treaty. See B. Hess, The Integrating Effect of European Civil Procedural Law, EJLR, 2002, pp. 3-17. 16 Council and Commission Action Plan of 3 December 1998 on how best to implement the provisions of the Treaty of Amsterdam on the creation of an area of freedom, security and justice; text adopted by the Justice and Home Affairs Council of 3 December 1998 (known as the Vienna Action Plan); OJ C 19/01 of 23 January 1999. 17 Action Plan (see note 16, paras. 15 and 16). 18 Article 5 of the Treaty establishing the European Community. 19 Tampere Council, 15/16 October 1999, EU Bull. 10-1999, pp. 7-15