# Commission Implementing Regulation (EU) 2016/1823 of 10 October 2016 establishing the forms referred to in Regulation (EU) No 655/2014 of the European Parliament and of the Council establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters, Division 11: Security

Extent: E+W+S+N.I.

Please fill in this section if you have not yet obtained a judgment, court settlement or authentic instrument that requires the debtor to pay your claim and you have reason to request exemption from the provision of security.
Please note that before issuing a Preservation Order in a case where the creditor has not yet obtained a judgment, court settlement or authentic instrument, the court requires the creditor to provide security for an amount sufficient to prevent abuse of the procedure and to ensure compensation for any damage suffered by the debtor as a result of the Preservation Order. By way of exception, the court may dispense with the requirement of security if it considers that the provision of security is inappropriate in the circumstances of the case (Article 12(1) of Regulation (EU) No 655/2014).
Where the creditor has already obtained a judgment, court settlement or authentic instrument, the court may, before issuing the Preservation Order, require the creditor to provide security if it considers this necessary and appropriate in the circumstances of the case, for example, where the judgment is not yet enforceable or only provisionally enforceable because of a pending appeal (Article 12(2) of Regulation (EU) No 655/2014).

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Source: https://www.legislation.gov.uk/eur/2016/1823/annex/I/division/3/division/11 (the official version)
Page: https://openlegislation.uk/eu-regulation-2016-1823/annex-I/division-3/division-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.