Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast)

Article 99

Treaties with the Holy See

(a) 'Concordato lateranense' of 11 February 1929 between Italy and the Holy See, modified by the agreement with additional Protocol signed in Rome on 18 February 1984;

(b) Agreement between the Holy See and Spain on legal affairs of 3 January 1979;

(c) Agreement between the Holy See and Malta on the recognition of civil effects to canonical marriages and to decisions of ecclesiastical authorities and tribunals on those marriages of 3 February 1993, including the Protocol of application of the same date, with the third Additional Protocol of 27 January 2014.

(a) a copy of the Treaties referred to in paragraphs 1 and 3;

(b) any denunciations of or amendments to those Treaties.

CHAPTER IX

FINAL PROVISIONS

Article 100

Transitional provisions

Article 101

Monitoring and Evaluation

(a) the number of decisions in matrimonial matters or in matters of parental responsibility in which jurisdiction was based on the grounds laid down in this Regulation;

(b) with regard to applications for enforcement of a decision as referred to in Article 28(1), the number of cases where enforcement has not occurred within six weeks from the moment the enforcement proceedings were initiated;

(c) the number of applications for refusal of recognition of a decision pursuant to Article 40 and the number of cases in which the refusal of recognition was granted;

(d) the number of applications for refusal of enforcement of a decision pursuant to Article 58 and the number of cases in which the refusal of enforcement was granted;

(e) the number of appeals lodged pursuant to Articles 61 and 62, respectively.

Article 102

Member States with two or more legal systems

With regard to a Member State in which two or more systems of law or sets of rules concerning matters governed by this Regulation apply in different territorial units:

(a) any reference to habitual residence in that Member State shall refer to habitual residence in a territorial unit;

(b) any reference to nationality shall refer to the territorial unit designated by the law of that Member State;

(c) any reference to the authority of a Member State shall refer to the authority of a territorial unit within that Member State which is concerned;

(d) any reference to the rules of the requested Member State shall refer to the rules of the territorial unit in which jurisdiction, recognition or enforcement is invoked.

Article 103

Information to be communicated to the Commission

(a) any authorities referred to in point (b) of point (2) and point (3) of Article 2(2) and Article 74(2);

(b) the courts and authorities competent to issue certificates as referred to in Article 36(1) and Article 66 and the courts competent to rectify certificates as referred to in Article 37(1), Article 48(1), 49, and Article 66(3) in conjunction with Article 37(1);

(c) the courts referred to in Article 30(3), Article 52, Article 40(1), Article 58(1) and Article 62 as well as the authorities and courts referred to in Article 61(2);

(d) the authorities competent for enforcement referred to in Article 52;

(e) the redress procedures referred to in Articles 61 and 62;

(f) the names, addresses and means of communication for the Central Authorities designated pursuant to Article 76;

(g) the categories of close relatives referred to in Article 82(2), where applicable;

(h) the languages accepted for communications to Central Authorities pursuant to Article 91(3);

(i) the languages accepted for the translations pursuant to Article 80(3), Article 81(2), Article 82(4) and Article 91(2).

Article 104

Repeal

Article 105

Entry into force

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

Done at Luxembourg, 25 June 2019.

For the Council The President A. ANTON

(1) Opinion of 18 January 2018 (OJ C 458, 19.12.2018, p. 499) and opinion of 14 March 2019 (not yet published in the Official Journal).

(2) Opinion of 26 January 2017 (OJ C 125, 21.4.2017, p. 46).

(3) Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (OJ L 338, 23.12.2003, p. 1).

(4) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).

(5) Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7, 10.1.2009, p. 1).

(6) Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000 (OJ L 324, 10.12.2007, p. 79).

(7) Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (OJ L 174, 27.6.2001, p. 1).

(8) Council Decision 2001/470/EC of 28 May 2001 establishing a European Judicial Network in civil and commercial matters (OJ L 174, 27.6.2001, p. 25).

(9) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

(10) OJ L 123, 12.5.2016, p. 1.

(11) OJ C 221, 16.7.1998, p. 1.

(12) 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 (OJ L 8, 12.1.2001, p. 1).

(13) OJ C 120, 6.4.2018, p. 18.