Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters

CHAPTER I

SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1

Subject matter

This Regulation establishes rules for a simple and rapid mechanism for the recognition of protection measures ordered in a Member State in civil matters.

Article 2

Scope

Article 3

Definitions

For the purposes of this Regulation, the following definitions shall apply:

(1) ‘protection measure’ means any decision, whatever it may be called, ordered by the issuing authority of the Member State of origin in accordance with its national law and imposing one or more of the following obligations on the person causing the risk with a view to protecting another person, when the latter person’s physical or psychological integrity may be at risk: (a) a prohibition or regulation on entering the place where the protected person resides, works, or regularly visits or stays; (b) a prohibition or regulation of contact, in any form, with the protected person, including by telephone, electronic or ordinary mail, fax or any other means; (c) a prohibition or regulation on approaching the protected person closer than a prescribed distance;

(2) ‘protected person’ means a natural person who is the object of the protection afforded by a protection measure;

(3) ‘person causing the risk’ means a natural person on whom one or more of the obligations referred to in point (1) have been imposed;

(4) ‘issuing authority’ means any judicial authority, or any other authority designated by a Member State as having competence in the matters falling within the scope of this Regulation, provided that such other authority offers guarantees to the parties with regard to impartiality, and that its decisions in relation to the protection measure may, under the law of the Member State in which it operates, be made subject to review by a judicial authority and have similar force and effects to those of a decision of a judicial authority on the same matter;

(5) ‘Member State of origin’ means the Member State in which the protection measure is ordered;

(6) ‘Member State addressed’ means the Member State in which the recognition and, where applicable, the enforcement of the protection measure is sought.

CHAPTER II

RECOGNITION AND ENFORCEMENT OF PROTECTION MEASURES

Article 4

Recognition and enforcement

A protected person who wishes to invoke in the Member State addressed a protection measure ordered in the Member State of origin shall provide the competent authority of the Member State addressed with:

(a) a copy of the protection measure which satisfies the conditions necessary to establish its authenticity;

(b) the certificate issued in the Member State of origin pursuant to Article 5; and

(c) where necessary, a transliteration and/or a translation of the certificate in accordance with Article 16.

Article 5

Certificate

Article 6

Requirements for the issuing of the certificate

Article 7

Contents of the certificate

The certificate shall contain the following information:

(a) the name and address/contact details of the issuing authority;

(b) the reference number of the file;

(c) the date of issue of the certificate;

(d) details concerning the protected person: name, date and place of birth, where available, and an address to be used for notification purposes, preceded by a conspicuous warning that that address may be disclosed to the person causing the risk;

(e) details concerning the person causing the risk: name, date and place of birth, where available, and address to be used for notification purposes;

(f) all information necessary for enforcement of the protection measure, including, where applicable, the type of the measure and the obligation imposed by it on the person causing the risk and specifying the function of the place and/or the circumscribed area which that person is prohibited from approaching or entering, respectively;

(g) the duration of the protection measure;

(h) the duration of the effects of recognition pursuant to Article 4(4);

(i) a declaration that the requirements laid down in Article 6 have been met;

(j) information on the rights granted under Articles 9 and 13;

(k) for ease of reference, the full title of this Regulation.

Article 8

Notification of the certificate to the person causing the risk

Situations in which the address of the person causing the risk is not known or in which that person refuses to accept receipt of the notification shall be governed by the law of the Member State of origin.

Article 9

Rectification or withdrawal of the certificate

Without prejudice to Article 5(2) and upon request by the protected person or the person causing the risk to the issuing authority of the Member State of origin or on that authority’s own initiative, the certificate shall be:

(a) rectified where, due to a clerical error, there is a discrepancy between the protection measure and the certificate; or

(b) withdrawn where it was clearly wrongly granted, having regard to the requirements laid down in Article 6 and the scope of this Regulation.

Article 10

Assistance to the protected person

Upon request by the protected person, the issuing authority of the Member State of origin shall assist that person in obtaining information, as made available in accordance with Articles 17 and 18, concerning the authorities of the Member State addressed before which the protection measure is to be invoked or enforcement is to be sought.

Article 11

Adjustment of the protection measure

Situations in which the address of the person causing the risk is not known or in which that person refuses to accept receipt of the notification shall be governed by the law of the Member State addressed.

Article 12

No review as to substance

Under no circumstances may a protection measure ordered in the Member State of origin be reviewed as to its substance in the Member State addressed.

Article 13

Refusal of recognition or enforcement

The recognition and, where applicable, the enforcement of the protection measure shall be refused, upon application by the person causing the risk, to the extent such recognition is:

(a) manifestly contrary to public policy in the Member State addressed; or

(b) irreconcilable with a judgment given or recognised in the Member State addressed.

Article 14

Suspension or withdrawal of recognition or enforcement

CHAPTER III

GENERAL AND FINAL PROVISIONS

Article 15

Legalisation and other similar formalities

No legalisation or other similar formality shall be required for documents issued in a Member State in the context of this Regulation.

Article 16

Transliteration or translation

Article 17

Information made available to the public

The Member States shall provide, within the framework of the European Judicial Network in civil and commercial matters established by Decision 2001/470/EC and with a view to making the information available to the public, a description of the national rules and procedures concerning protection measures in civil matters, including information on the type of authorities which are competent in the matters falling within the scope of this Regulation.

The Member States shall keep that information updated.

Article 18

Communication of information by the Member States

By 11 July 2014, Member States shall communicate to the Commission the following information:

(a) the type of authorities which are competent in the matters falling within the scope of this Regulation, specifying, where applicable: (i) the authorities which are competent to order protection measures and issue certificates in accordance with Article 5; (ii) the authorities before which a protection measure ordered in another Member State is to be invoked and/or which are competent to enforce such a measure; (iii) the authorities which are competent to effect the adjustment of protection measures in accordance with Article 11(1); (iv) the courts to which the application for refusal of recognition and, where applicable, enforcement is to be submitted in accordance with Article 13;

(b) the language or languages accepted for translations as referred to in Article 16(1).

Article 19

Establishment and subsequent amendment of the forms

The Commission shall adopt implementing acts establishing and subsequently amending the forms referred to in Articles 5 and 14. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 20.

Article 20

Committee procedure

Article 21

Review

By 11 January 2020, the Commission shall submit to the European Parliament, the Council and the European Economic and Social Committee a report on the application of this Regulation. If necessary, the report shall be accompanied by proposals for amendments.

Article 22

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 11 January 2015.

This Regulation shall apply to protection measures ordered on or after 11 January 2015, irrespective of when proceedings have been instituted.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.