European Parliament legislative resolution of 10 September 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 850/98 concerning the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (COM(2012)0432 – C7-0211/2012 – 2012/0208(COD))

P7_TA(2013)0336 A7-0256/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2012)0432),

–  having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0211/2012),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 14 November 2012(1),

–  having regard to its resolution of 22 November 2012 on the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms(2),

–  having regard to Rule 55 of its Rules of Procedure,

–  having regard to the report of the Committee on Fisheries (A7-0256/2013),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 10 September 2013 with a view to the adoption of Regulation (EU) No …/2013 of the European Parliament and of the Council amending Council Regulation (EC) No 850/98 concerning the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee,

Acting in accordance with the ordinary legislative procedure(3),

Whereas:

(1)  Council Regulation (EC) No 850/98(4) confers powers upon the Commission in order to implement some of the provisions of that Regulation.

(2)  As a consequence of the entry into force of the Lisbon Treaty, certain powers conferred under Regulation (EC) No 850/98 need to be aligned with Articles 290 and 291 of the Treaty on the Functioning of the European Union.

(3)  In order to apply certain provisions of Regulation (EC) No 850/98 enable certain provisions of this Regulation to be updated efficiently to reflect technical and scientific progress, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the following:

(4)  It is of particular importance that the Commission carry out appropriate consultations during its preparatory work for the adoption of delegated acts, including especially at expert level, in order to obtain objective, rigorous, complete and up-to-date information. [Am. 2]

(5)  The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

(6)  In order to ensure uniform conditions for the implementation of the provisions of Regulation (EC) No 850/98 implementing powers should be conferred upon the Commission concerning the following:

(7)  The implementing powers conferred upon the Commission, except those concerning the obligation of Member States to ensure that levels of fishing effort are not exceeded in certain areas of ICES Division IXa, should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(5).

(8)  Regulation (EC) No 850/98 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 850/98 is amended as follows:

(1)  In Article 2, paragraph 3 is replaced by the following:"

"3. The regions referred to in paragraph 1 may be divided into geographical areas, in particular on the basis of the definitions referred to in paragraph 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 48a concerning the division of regions into geographical areas for the purpose of identifying geographical areas where specific technical conservation measures apply." [Am. 3]

(2)  Article 4 is amended as follows:

(a)  In paragraph 4, the following point is added:"

"(c) The Commission shall be empowered to adopt delegated acts in accordance with Article 48a to amend Annex X and Annex XI, in order to increase the protection of juvenile fish in the context of the conservation of fish stocks."

(b)  In paragraph 5, point (b) is replaced by the following:"

"(b) The Commission shall be empowered to adopt delegated acts in accordance with Article 48a concerning the method of calculation of the percentages of target species and of other species retained on board when these have been taken by a net or nets towed simultaneously by more than one fishing vessel, and the method of verification for ensuring that any fishing vessels involved in the joint fishing operation that retain fish on board comply with the percentages of species as set out in Annexes I to V."

(c)  Paragraph 6 is replaced by the following:"

"6. Technical rules for measuring mesh sizes, including for control purposes, shall be determined by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2)."

(3)  In Article 7, the following paragraph is added:"

"8. Technical rules for measuring square-meshed netting, including for control purposes, shall be determined by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2)."

(4)  In Article 8, the following paragraph is added:"

"4. Technical rules concerning the measuring of twine thickness and the construction of netting material, including for control purposes, shall be determined by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2)."

(5)  Article 16 is replaced by the following:"

"Article 16

1.  No device shall be used by means of which the mesh in any part of the fishing net is obstructed or otherwise effectively diminished.

2.  Paragraph 1 shall not exclude the use of certain devices which may obstruct or otherwise effectively diminish the mesh in any part of the fishing net but which may serve to protect or strengthen the net. The Commission shall be empowered to adopt delegated acts in accordance with Article 48a concerning the technical descriptions and the method of use and attachment of such devices.

3.  An exhaustive list of devices that comply with the technical descriptions established according to paragraph 2, and which may be attached to the fishing net, shall be determined by implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2)."

(6)  Article 29 is amended as follows:

(a)  Paragraph 6 is replaced by the following:"

"6. The Commission shall be empowered to adopt delegated acts in accordance with Article 48a concerning detailed conditions for the application of the criteria set out in paragraph 2 under which vessels exceeding eight meters length overall shall be permitted to use beam trawls in the areas set out in paragraph 1."

(b)  the following paragraph is added:"

"7. The Commission shall establish the operational requirements for transmission of the lists to be provided to the Commission by Member States as referred to in paragraph 2(c), first indent, by means of an implementing act. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2)."

(7)  In Article 29b, paragraph 6 is replaced by the following:"

"6. Member States shall communicate to the Commission their measures to fulfil the obligation laid down in paragraph 5. If the Commission finds that the measures of a Member State do not fulfil that obligation, it may propose amendments to those measures. Where no agreement on the necessary measures is reached between the Commission and the Member State concerned, the Commission may establish such measures by means of implementing acts."

(8)  In Article 34, paragraph 6 is replaced by the following:"

"6. Technical rules for measuring engine power and gear dimensions shall be determined by means of an implementing act. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2)."

(8a)  In Article 34b, paragraph 11 is replaced by the following: "

"11. After consulting STECF, the Commission shall be empowered to adopt delegated acts excluding specific fisheries of a Member State, in ICES sub-areas VIII, IX and X, from the application of paragraphs 1 to 9, where information provided by Member States shows that those fisheries result in a very low level of shark by-catches and of discards." [Am. 4]

(9)  Article 45 is replaced by the following:"

"Article 45

1.  The Commission shall be empowered to establish, by means of delegated acts adopted in accordance with Article 48a, technical conservation measures on the use of towed or fixed gear or on fishing activities in certain areas or during certain periods in addition to or by way of derogation to this Regulation. Those measures shall be designed to address unexpectedly small or large recruitments of juveniles, changes in migration patterns or any other changes in the conservation status of fish stocks of marine organisms, with immediate effect. [Am. 5]

2.  Where the conservation of stocks of marine organisms calls for immediate action, the Commission may decide on temporary measures by means of implementing acts to remedy the situation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(3).

3.  Where the conservation of certain species or fishing grounds is seriously threatened, and where any delay would result in damage which would be difficult to repair, a Member State may take appropriate non-discriminatory conservation measures in respect of the waters under its jurisdiction.

4.  The measures referred to in paragraph 3, together with an explanatory memorandum, shall be communicated to the Commission and the other Member States as soon as they are adopted.

Within ten working days of receipt of such communication, the Commission shall confirm the appropriateness and non-discriminatory nature of such measures, or require their cancellation or amendment by means of implementing acts. The Commission's decision shall be immediately notified to the Member States."

(10)  In Article 46, paragraph 4 is replaced by the following:"

"4. At the initiative of the Commission, or at the request of any Member State, the question of whether a national technical measure applied by a Member State complies with paragraph 1 of this Article may be the subject of a decision taken by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2). Should such a decision be taken, the third and fourth subparagraphs of paragraph 2 shall apply."

(11)  Article 48 is replaced by the following:"

"Article 48

1.  The Commission shall be assisted by the Committee for fisheries and aquaculture established by Regulation (EC) No 2371/2002. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council*.

2.  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

3.  Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

______________

* Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13)."

(12)  The following Article is inserted:"

"Article 48a

1.  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.  The delegation of power power to adopt delegated acts referred to in Article 2(3), point (c) of Article 4(4)c, point (b) of Article 4(5)b, Article 16(2), Article 29(6), Article 29d(7), Article 34b(11) and Article 45(1) shall be conferred on the Commission for an indeterminate a period of time three years from …(6). The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the three-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. [Am. 6]

3.  The delegation of powers referred to in Articles Article 2(3), point (c) of Article 4(4)c, point (b) of Article 4(5)b, Article 16(2), Article 29(6), Article 29d(7), Article 34b(11 ) and Article 45(1) may be revoked at any time by the European Parliament or by the Council. A decision of revocation to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. [Am. 7]

4.  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.  A delegated act adopted pursuant to Articles Article 2(3), point (c) of Article 4(4)c, point (b) of Article 4(5)b, Article 16(2), Article 29(6), Article 29d(7), andArticle 34b(11) or Article 45(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 two months at the initiative of the European Parliament or of the Council."

[Am. 8]

Article 2

This Regulation shall enter into force on the 20th twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at

For the European Parliament For the Council

The President The President

(1) OJ C 11, 15.1.2013, p. 86. (2) Texts adopted, P7_TA(2012)0448. (3) Position of the European Parliament of 10 September 2013. (4) Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (OJ L 125, 27.4.1998, p. 1). (5) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p.13). (6) * Date of the entry into force of this Regulation.

European Parliament legislative resolution of 10 September 2013 on the proposal for a Council regulation on jurisdiction, applicable law and the recognition and enforcement of decisions regarding the property consequences of registered partnerships (COM(2011)0127 – C7-0094/2011 – 2011/0060(CNS))

P7_TA(2013)0337 A7-0254/2013

(Special legislative procedure – consultation)

The European Parliament,

–  having regard to the Commission proposal to the Council (COM(2011)0127),

–  having regard to Article 81(3) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0094/2011),

–  having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Italian Senate, the Polish Sejm, the Polish Senate and the Romanian Senate, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–  having regard to the opinion of the European Union Agency for Fundamental Rights of 31 May 2012,

–  having regard to Article 55 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0254/2013),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union;

3.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.  Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal;

5.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Text proposed by the Commission   Amendment Amendment 1 Proposal for a regulation Recital 8 (8)  The specific features of these two forms of union, namely marriage and registered partnerships, and the resultant differences in the principles applicable to them, are the grounds for enacting two separate instruments containing the provisions governing matrimonial property regimes and those governing the property consequences of registered partnerships, which are the subject of this Regulation. deleted Amendment 2 Proposal for a regulation Recital 8 a (new) (8a)  Recognition in a Member State of a decision relating to the property consequences of a registered partnership has as its only object to allow the enforcement of the property consequences determined in that decision. It does not imply recognition by that Member State of the partnership underlying the property consequences which gave rise to that decision. Member States where the institution of a registered partnership does not exist are not obliged by this Regulation to create such an institution. Amendment 3 Proposal for a regulation Recital 10 (10)  The Regulation covers matters arising from the property consequences of registered partnerships. 'Registered partnership' is defined here solely for the purposes of this Regulation. The actual substance of the concept is defined in the national laws of the Member States. (10)  This Regulation covers matters arising from the property consequences of registered partnerships. 'Registered partnership' is defined here solely for the purposes of this Regulation. For the purposes of this Regulation, a registered partnership is a form of union other than marriage. The actual substance of the concept of a registered partnership is defined in the national laws of the Member States. Amendment 4 Proposal for a regulation Recital 11 a (new) (11a)  This Regulation should not, however, apply to areas of civil law concerning matters other than the property regime of a registered partnership. For reasons of clarity, therefore, a number of questions which could be seen as having a link with matters of that regime should be explicitly excluded from the scope of this Regulation. (Corresponds to recital 11 in Regulation (EU) No 650/2012 and AM 3 of the report in 2011/0059(CNS).) Amendment 5 Proposal for a regulation Recital 12 (12)  As the maintenance obligations between registered partners are provided for in 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, they must be excluded from the scope of this Regulation, as should issues relating to the validity and effects of gifts covered by Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations. (12)  The maintenance obligations between registered partners, which are provided for in 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, should be excluded from the scope of this Regulation, as should issues relating to succession, which are covered by Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession1. ____________________ 1 OJ L 201, 27.7.2012, p. 107. (Corresponds to AM 4 of the report in 2011/0059(CNS).) Amendment 6 Proposal for a regulation Recital 13 (13)  Issues relating to the nature of rights in rem that may exist under the national law of Member States, and those linked to the disclosure of such rights, should also be excluded from the scope of this Regulation, as they are in Regulation (EU) No ... [of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession]. This means that the courts of the Member State in which a property of one or both partners is located may take measures under property law, regarding such things as the recording of a transfer of the property in the public register, where the law of that Member State so provides. (13)  This Regulation – like Regulation (EU) No 650/2012 – should not affect the limited number (‘numerus clausus’) of rights in rem known in the national law of some Member States. A Member State should not be required to recognise a right in rem relating to property located in that Member State if the right in rem in question is not known in its law. (Corresponds to AM 5 of the report in 2011/0059(CNS).) Amendment 7 Proposal for a regulation Recital 13 a (new) (13a)  However, in order to allow the beneficiaries to enjoy in another Member State the rights which have been created or transferred to them by the liquidation of the property regime of a registered partnership, this Regulation should provide for the adaptation of an unknown right in rem to the closest equivalent right in rem under the law of that other Member State. In the context of such an adaptation, account should be taken of the aims and the interests pursued by the specific right in rem and the effects attached to it. For the purposes of determining the closest equivalent national right in rem, the authorities or competent persons of the State whose law applies to the property regime of the registered partnership may be contacted for further information on the nature and the effects of the right. To that end, the existing networks in the area of judicial cooperation in civil and commercial matters could be used as well as any other available means facilitating the understanding of foreign law. (Corresponds to recital 16 in Regulation (EU) No 650/2012 and AM 6 of the report in 2011/0059(CNS).) Amendment 8 Proposal for a regulation Recital 13 b (new) (13b)  The requirements for the recording in a register of a right in immovable or movable property should be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept (for immoveable property, the lex rei sitae) which determines under what legal conditions and how the recording must be carried out and which authorities, such as land registers or notaries, are in charge of checking that all requirements are met and that the documentation presented or established is sufficient or contains the necessary information. (Corresponds in part to recital 18 in Regulation (EU) No 650/2012 and AM 7 of the report in 2011/0059(CNS).) Amendment 9 Proposal for a regulation Recital 13 c (new) (13c)  The effects of the recording of a right in a register should also be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept which determines whether the recording is, for instance, declaratory or constitutive in effect. Thus, where, for example, the acquisition of a right in an immovable property requires a recording in a register under the law of the Member State in which the register is kept in order to ensure the erga omnes effect of registers or to protect legal transactions, the moment of such acquisition should be governed by the law of that Member State. (Corresponds to recital 19 in Regulation (EU) No 650/2012 and AM 8 of the report in 2011/0059(CNS).) Amendment 10 Proposal for a regulation Recital 13 d (new) (13d)  Like Regulation (EU) No 650/2012, this Regulation should respect the different systems for dealing with property-regime issues applied in the Member States. For the purposes of this Regulation, the term ‘court’ should therefore be given a broad meaning so as to cover not only courts in the true sense of the word, exercising judicial functions, but also the notaries or registry offices in some Member States who or which, in certain matters of property regimes, exercise judicial functions like courts, and the notaries and legal professionals who, in some Member States, exercise judicial functions in a given property-regime matter by delegation of power by a court. All courts as defined in this Regulation should be bound by the rules of jurisdiction set out in this Regulation. Conversely, the term ‘court’ should not cover non-judicial authorities of a Member State empowered under national law to deal with matters of property regimes, such as the notaries in most Member States where, as is usually the case, they are not exercising judicial functions. (Corresponds to recital 20 in Regulation (EU) No 650/2012 and AM 10 of the report in 2011/0059(CNS).) Amendment 11 Proposal for a regulation Recital 15 (15)  Similarly, this Regulation must provide for extension of the jurisdiction of the courts of a Member State handling an application for dissolution or annulment of a registered partnership to include matters relating to the property consequences of the registered partnership arising in connection with that application, if the partners so agree. (15)  Similarly, this Regulation must provide for extension of the jurisdiction of the courts of a Member State handling an application for dissolution or annulment of a registered partnership to include matters relating to the property consequences of the registered partnership arising in connection with that application, if the jurisdiction of the courts concerned has been recognised expressly or impliedly by the partners. Amendment 12 Proposal for a regulation Recital 15 a (new) (15a)  Where matters of property regimes are not linked to the dissolution or annulment of the partnership or to the death of a partner, the partners may decide to submit questions related to their property regime to the courts of the Member State of the law they chose as the law applicable to their property regime. This requires an agreement between the partners, which may be concluded, at the latest, until the matter is put before the court and subsequently as provided for by the lex fori. (Corresponds to AM 12 of the report in 2011/0059(CNS).) Amendment 13 Proposal for a regulation Recital 16 (16)  In other situations, this Regulation must protect the territorial jurisdiction of a Member State's courts to deal with claims relating to the property consequences of the registered partnership in accordance with a list of criteria listed in order of precedence designed to ensure the existence of a close link between the partners and the Member State whose courts have jurisdiction. Courts other than those of the Member State where the partnership was registered may decline this extension of jurisdiction if their domestic law does not provide for registered partnerships. Finally, if no court has jurisdiction to deal with the situation in the light of the other provisions of this Regulation, an alternative jurisdictional rule has been included to avoid any risk of denial of justice. (16)  This Regulation must protect the territorial jurisdiction of a Member State’s courts over applications concerning the property consequences of the registered partnership to be determined in cases other than those of separation of the partners or death of a partner in accordance with a set of criteria listed in order of precedence designed to ensure the existence of a close link between the partners and the Member State whose courts have jurisdiction. Courts other than those of the Member State where the partnership was registered should be given the opportunity to decline this extension of jurisdiction if their domestic law does not provide for registered partnerships. Amendment 14 Proposal for a regulation Recital 16 a (new) (16a)  In order to remedy, in particular, situations of denial of justice this Regulation should provide a forum necessitatis allowing a court of a Member State, on an exceptional basis, to rule on a property regime case which is closely connected with a third State. Such an exceptional basis may be deemed to exist when proceedings prove impossible in the third State in question, for example because of civil war, or when a beneficiary cannot reasonably be expected to initiate or conduct proceedings in that State. Jurisdiction based on forum necessitatis should, however, be exercised only if the case has a sufficient connection with the Member State of the court seised. (Corresponds to recital 31 in Regulation (EU) No 650/2012 and AM 14 of the report in 2011/0059(CNS).) Amendment 15 Proposal for a regulation Recital 18 (18)  To facilitate the partners' management of their property, the law of the Member State where the partnership was registered will apply to all the partners' property, even if this law is not the law of a Member State. (18)  To facilitate registered partners’ management of their property, this Regulation should authorise them to choose the law applicable to their property, regardless of the nature or location of the property, from amongst the legal systems with which they have close links because of residence or their nationality. There is no reason why that choice should be denied to registered partnerships. If the partners choose a law which does not recognise registered partnerships, the choice of law should be considered null and void. The law determined by the objective connection should then be applied. Even though the parties concerned are generally well informed about their rights, the requirement concerning particular legal protection should be countered by the requirement for judicial advice on the impact of the choice of law. That requirement will be met, in particular, where the advice is guaranteed by additional formal rules concerning the choice of law, notably on notarisation. Amendment 16 Proposal for a regulation Recital 18 a (new) (18a)  In order to create legal certainty and clarity, this Regulation should also include a rule concerning multiple registrations of a registered partnership, which should relate to the most recent registration. The Member States should ensure that there are no multiple registrations of registered partnerships. Amendment 17 Proposal for a regulation Recital 18 b (new) (18b)  Where no applicable law is chosen, and with a view to reconciling predictability and legal certainty with consideration of the life actually lived by the partners, this Regulation must introduce harmonised conflict-of-laws rules to establish the law applicable to all the partners’ property on the basis of a scale of connecting factors. The common habitual residence of the partners at the time of the establishment of the partnership or the first common habitual residence of the partners following the establishment of the partnership should constitute the first criterion, ahead of the partners' common nationality of the at the time of the establishment of the partnership. If neither of those criteria applies, or failing a first common habitual residence in cases where the partners have dual common nationalities at the time of the establishment of the registered partnership, the third criterion should be the State with which the partners have the closest links, taking into account all the circumstances, it being made clear that those links are to be considered as they were at the time of the establishment of the partnership. The laws defined by those criteria should not be applied if they do not recognise registered partnerships. As a default rule the law of the State in which the partnership was registered should apply to the partners’ property. (Corresponds to AM 15 of the report in 2011/0059(CNS).) Amendment 18 Proposal for a regulation Recital 18 c (new) (18c)  If nationality is used to determine the applicable law, account must be taken of the fact that some States with a legal system based on common law use domicile and not nationality as a connecting factor. Amendment 19 Proposal for a regulation Recital 18 d (new) (18d)  To ensure the legal certainty of transactions and to prevent any change of the law applicable to the property consequences of registered partnerships being made without the partners being notified, no such change should be made save at the express request of the parties. Such a change by the partners should not have retroactive effect unless they expressly so stipulate. Whatever the case, it may not infringe the rights of third parties and the validity of transactions entered into previously. Amendment 20 Proposal for a regulation Recital 19 a (new) (19a)  All necessary information should be made available in a simple manner and by appropriate means, in particular through a multilingual internet site of the Commission. Amendment 21 Proposal for a regulation Recital 19 b (new) (19b)  Exchanges of good practice among legal practitioners should be encouraged. Amendment 22 Proposal for a regulation Recital 19 c (new) (19c)  The Commission should introduce an information and training tool for the relevant court officials and legal practitioners by setting up an interactive portal in all official languages of the institutions of the Union, including a system for sharing professional expertise and practices. Amendment 23 Proposal for a regulation Recital 23 (23)  Since mutual recognition of decisions rendered in the Member States is one of the objectives of this Regulation, this Regulation must lay down rules on the recognition and enforcement of decisions on the basis of Regulation (EC) No 44/2001, adjusted where necessary to meet the specific requirements of matters covered by this Regulation. Therefore it should not be possible in a Member State to refuse the recognition and enforcement, in whole or in part, of a decision concerning the property consequences of a registered partnership if that Member State's national law does not recognise such partnerships or provides for different consequences with regard to the property. (23)  Since mutual recognition of decisions on questions of property regimes concerning registered partnerships rendered in the Member States is one of the objectives of this Regulation, this Regulation must lay down rules on the recognition, enforceability and enforcement of decisions on the basis of other legal instruments in the area of judicial cooperation in civil matters, adjusted where necessary to meet the specific requirements of matters covered by this Regulation. Therefore, it should not be possible in a Member State to refuse the recognition and enforcement, in whole or in part, of a decision concerning the property consequences of a registered partnership if that Member State's national law does not recognise such partnerships or provides for different consequences with regard to the property. (Corresponds to AM 19 of the report in 2011/0059(CNS).) Amendment 24 Proposal for a regulation Recital 24 (24)  In order to take into account different ways of dealing with matters of the property consequences of registered partnerships in the Member States, this Regulation must guarantee the recognition and enforcement of authentic instruments. Nevertheless, the authentic instruments cannot be treated as court decisions with regard to their recognition. The recognition of authentic instruments means that they enjoy the same evidentiary effect with regard to their contents and the same effects as in their Member State of origin, and a presumption of validity which may be rebutted if they are contested. (24)  In order to take into account the different systems for dealing with matters of the property consequences of registered partnerships in the Member States, this Regulation should guarantee the acceptance and enforceability in all Member States of authentic instruments in matters of property regimes concerning registered partnerships. (Corresponds to recital 60 in Regulation (EU) No 650/2012 and AM 20 of the report in 2011/0059(CNS).) Amendment 25 Proposal for a regulation Recital 24 a (new) (24a)  In terms of the recognition, enforceability and enforcement of judicial decisions and of the acceptance and enforceability of authentic instruments and the enforceability of court settlements, this Regulation should lay down rules on the basis of, in particular, Regulation (EU) No 650/2012. (Corresponds to AM 21 of the report in 2011/0059(CNS).) Amendment 26 Proposal for a regulation Recital 25 (25)  While the law applicable to the property consequences of registered partnerships must govern the legal relationship between a partner and a third party, the conditions for relying on that law should be regulated by the law of the Member State of habitual residence of the partner or the third party, in the interests of the third party's protection. The law of that Member State may thus provide that the partner may invoke the law of his or her property regime against the third party only if the conditions of registration or disclosure laid down in that Member State have been complied with, unless the third party was aware or ought to have been aware of the law applicable to the property consequences of the registered partnership. (25)  The law applicable to the property consequences of registered partnerships under this Regulation must govern the legal relationship between a registered partner and a third party. However, in the interests of the third party’s protection, neither partner should be able to invoke that law or overriding mandatory provisions in a legal relationship between one of the partners and a third party if the partner who has a legal relationship with the third party, and the third party, are habitually resident in the same State, which is not the State whose law is applicable to the property regime of the registered partnership. Exceptions should apply if the third party does not merit protection, in other words if he or she was aware, or ought to have been aware, of the law applicable, or if the requirements applicable to registration or publicity in the State were complied with. (Corresponds to AM 22 of the report in 2011/0059(CNS).) Amendment 27 Proposal for a regulation Recital 26 a (new) (26a)  In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with regard to the establishment and subsequent amendment of the attestations and forms pertaining to the declaration of enforceability of decisions, court settlements and authentic instruments. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers1. ______________ 1OJ L 55, 28.2.2011, p. 13. (Corresponds to recital 78 in Regulation (EU) No 650/2012 and AM 23 of the report in 2011/0059(CNS).) Amendment 28 Proposal for a regulation Recital 26 b (new) (26b)  The advisory procedure should be used for the adoption of implementing acts establishing and subsequently amending the attestations and forms provided for in this Regulation in accordance with the procedure laid down in Article 4 of Regulation (EU) No 182/2011. (Corresponds to recital 79 in Regulation (EU) No 650/2012 and AM 24 of the report in 2011/0059(CNS).) Amendment 29 Proposal for a regulation Recital 28 (28)  This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, in particular Articles 7, 9, 17, 21 and 47 concerning, respectively, respect for private and family life, the right to marry and to found a family according to national laws, property rights, the prohibition of any form of discrimination and the right to an effective remedy and to a fair trial. The Member States' courts must apply this Regulation in a manner consistent with these rights and principles. (28)  This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, in particular Articles 7, 9, 17, 20, 21 and 47 concerning, respectively, respect for private and family life, the right to marry and to found a family according to national laws, property rights, equality before the law, the prohibition of any form of discrimination and the right to an effective remedy and to a fair trial. The Member States’ courts must apply this Regulation in a manner consistent with those rights and principles. (Corresponds in part to recital 81 in Regulation (EU) No 650/2012 and AM 25 of the report in 2011/0059(CNS).) Amendment 30 Proposal for a regulation Article 1 – paragraph 3 – point a (a)  the personal effects of registered partnerships, deleted Amendment 31 Proposal for a regulation Article 1 – paragraph 3 – point b (b)  the legal capacity of partners, (b)  the general capacity of partners, (Corresponds to AM 26 of the report in 2011/0059(CNS).) Amendment 32 Proposal for a regulation Article 1 – paragraph 3 – point b a (new) (ba)  the existence, validity or recognition of the partnership, (Corresponds to AM 27 of the report in 2011/0059(CNS).) Amendment 33 Proposal for a regulation Article 1 – paragraph 3 – point d (d)  gifts between partners, deleted Amendment 34 Proposal for a regulation Article 1 – paragraph 3 – point e (e)  the succession rights of a surviving partner, (e)  issues of succession concerning the surviving partner, (Corresponds to AM 29 of the report in 2011/0059(CNS).) Amendment 35 Proposal for a regulation Article 1 – paragraph 3 – point f (f)  companies set up between registered partners, (f)  questions governed by the law of companies and other bodies, corporate or unincorporated, (Corresponds to Article 1, point (h), of Regulation (EU) No 650/2012 and AM 30 of the report in 2011/0059(CNS).) Amendment 36 Proposal for a regulation Article 1 – paragraph 3 – point g (g)  the nature of rights in rem relating to a property and the disclosure of such rights. (g)  the nature of rights in rem, (Corresponds to Article 1, point (k), of Regulation (EU) No 650/2012 and AM 31 of the report in 2011/0059(CNS).) Amendment 37 Proposal for a regulation Article 1 – paragraph 3 – point g a (new) (ga)  any recording in a register of rights in immovable or movable property, including the legal requirements for such recording, and the effects of recording or failing to record such rights in a register, and (Corresponds to Article 1, point (l), of Regulation (EU) No 650/2012 and AM 32 of the report in 2011/0059(CNS).) Amendment 38 Proposal for a regulation Article 1 – paragraph 3 – point g b (new) (gb)  questions of entitlement to transfer or adjustment, in the case of a dissolution of the registered partnership, between partners or former partners, of rights to retirement or disability pensions accrued during the registered partnership. (Corresponds to AM 33 of the report in 2011/0059(CNS).) Amendment 39 Proposal for a regulation Article 2 – paragraph 1 – point b (b)  'registered partnership': regime governing the shared life of two people which is provided for in law and is registered by an official authority; (b)  ‘registered partnership’: regime governing the shared life of two people which is established in the manner provided for in law in the Member State where the partnership is registered; Amendment 40 Proposal for a regulation Article 2 – paragraph 1 – point b a (new) (ba)  ‘partnership agreement’: any agreement by means of which the partners or future partners organise the property regime of their partnership; (Corresponds to AM 35 of the report in 2011/0059(CNS).) Amendment 41 Proposal for a regulation Article 2 – paragraph 1 – point c – introductory part (c)  'authentic instrument': an instrument which has been officially drawn up or registered as an authentic instrument in the Member State of origin and the authenticity of which: (c)  ‘authentic instrument’: a document in a matter concerning the property regime in a registered partnership which has been formally drawn up or registered as an authentic instrument in a Member State and the authenticity of which: (Corresponds to Article 3(1), point (i), of Regulation (EU) No 650/2012 and AM 36 of the report in 2011/0059(CNS).) Amendment 42 Proposal for a regulation Article 2 – paragraph 1 – point d (d)  'decision': any decision given in a matter of the property consequences of a registered partnership by a court of a Member State, whatever the decision may be called, including the terms 'decree', 'judgment', 'order' or 'writ of execution', and the determination of costs or expenses by an officer of the court; (d)  ‘decision’: any decision given in a matter of the property consequences of a registered partnership by a court of a Member State, whatever the decision may be called, including a decision on the determination of costs or expenses by an officer of the court; (Corresponds to Article 31(1), point (g), of Regulation (EU) No 650/2012 and AM 37 of the report in 2011/0059(CNS).) Amendment 43 Proposal for a regulation Article 2 – paragraph 1 – point e (e)  'Member State of origin': the Member State in which, as the case may be, the decision was given, the partnership contract concluded, the authentic instrument or the instrument liquidating the common property or any other instrument produced by or before the judicial authority or authority of delegation was drawn up; (e)  ‘Member State of origin’: the Member State in which the decision has been given the authentic instrument established or the court settlement approved or concluded; (Corresponds to Article 3(1), point (e), of Regulation (EU) No 650/2012 and AM 38 of the report in 2011/0059(CNS).) Amendment 44 Proposal for a regulation Article 2 – paragraph 1 – point f (f)  'Member State addressed': the Member State in which recognition and/or enforcement of the decision, partnership contract, authentic instrument, instrument of liquidation of the common property or any other instrument produced by or before the judicial authority or authority of delegation is requested; (f)  ‘Member State of enforcement’: the Member State in which the declaration of enforceability or the enforcement of the decision, the court settlement or the authentic instrument is sought; (Corresponds to Article 3(1), point (f), of Regulation (EU) No 650/2012 and AM 39 of the report in 2011/0059(CNS).) Amendment 45 Proposal for a regulation Article 2 – paragraph 1 – point g (g)  'court': any competent judicial authority in the Member States which carries out a judicial function in matters of the property consequences of registered partnerships or any other non-judicial authority or person carrying out, by delegation or designation by a judicial authority of a Member State, the functions falling within the jurisdiction of the courts as provided for in this Regulation; deleted (Corresponds to AM 40 of the report in 2011/0059(CNS).) Amendment 46 Proposal for a regulation Article 2 – paragraph 1 a (new) 1a.  For the purposes of this Regulation the term ‘court’ means any judicial authority and all other authorities and legal professionals with competence in matters of property regimes in registered partnerships which exercise judicial functions or act pursuant to a delegation of power by a judicial authority or act under the control of a judicial authority, provided that such other authorities and legal professionals offer guarantees with regard to impartiality and the right of all parties to be heard and provided that their decisions under the law of the Member State in which they operate: (a)  may be made the subject of an appeal to, or review by, a judicial authority; and (b)  have a similar force and effect as a decision of a judicial authority on the same matter. The Member States shall notify the Commission of the other authorities and legal professionals referred to in the first subparagraph in accordance with Article 33a(1). Amendment 47 Proposal for a regulation Article -3 Article -3 Jurisdiction in matters of property regimes within the Member States This Regulation shall not affect domestic jurisdiction over property regime cases in the Member States. (Corresponds to AM 42 of the report in 2011/0059(CNS).) Amendment 48 Proposal for a regulation Article 3 – paragraph 1 1.  The courts of a Member State seised by an application concerning the succession of a registered partner under Regulation (EC) ... [of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession] shall also have jurisdiction to rule on matters of the property consequences of the partnership arising in connection with the application. 1.  The courts of a Member State seised in matters of the succession of a registered partner under Regulation (EU) No 650/2012 shall also have jurisdiction to rule on matters of the property consequences of the partnership arising in connection with the succession case. (Corresponds to AM 43 of the report in 2011/0059(CNS).) Amendment 49 Proposal for a regulation Article 4 Jurisdiction in cases of separation of the partners Jurisdiction in cases of dissolution or annulment The courts of a Member State seised by an application for dissolution or annulment of a registered partnership shall also have jurisdiction, if the partners so agree, to rule on the property consequences arising in connection with the application. The courts of a Member State seised of an application for dissolution or annulment of a registered partnership shall also have jurisdiction to rule on the property consequences arising in connection with the application if the jurisdiction of the courts concerned has been recognised, expressly or otherwise in an unequivocal manner by the partners. Such an agreement may be concluded at any time, even during the proceedings. If it is concluded before the proceedings, it must be drawn up in writing and dated and signed by both parties. Failing agreement between the partners, jurisdiction is governed by Article 5. Failing recognition of the jurisdiction of the court referred to in paragraph 1, jurisdiction shall be governed by Article 5. (Corresponds to AM 44 of the report in 2011/0059(CNS).) Amendment 50 Proposal for a regulation Article 4 a (new) Article 4a Choice-of-court agreement 1.  The partners may agree that the courts of the Member State whose law they have chosen, in accordance with Article 15b, as the law applicable to the property regime of their partnership are to have jurisdiction to rule on that property regime. Such jurisdiction shall be exclusive. Without prejudice to the third subparagraph, a choice-of-court agreement may be concluded or amended at any time, but at the latest when the court is seised. If the law of the forum so provides, the partners may also choose the competent jurisdiction after the court has been seised. In that event, such choice shall be recorded in court in accordance with the law of the forum. If the agreement is concluded before the proceedings, it must be drawn up in writing and dated and signed by both parties. Any communication by electronic means which provides a durable record of the agreement shall be equivalent to ‘writing’. 2.  The partners may also agree that, if no court has been chosen, the courts of the Member State whose law is applicable pursuant to Article 15 to the property regime of their partnership are to have jurisdiction. Amendment 51 Proposal for a regulation Article 4 b (new) Article 4b Jurisdiction based on the appearance of the defendant 1.  Apart from jurisdiction derived from other provisions of this Regulation, a court of a Member State whose law has been chosen under Article -15b, or whose law is applicable under Article 15, and before which a defendant enters an appearance shall have jurisdiction. This rule shall not apply where an appearance was entered to contest the jurisdiction, or where another court has jurisdiction by virtue of Article 3, Article 4 or Article 4a. 2.  Before assuming jurisdiction under paragraph 1, the court shall ensure that the defendant is informed of his or her right to contest the jurisdiction and of the consequences of entering or not entering an appearance. (Corresponds to AM 46 of the report in 2011/0059(CNS).) Amendment 52 Proposal for a regulation Article 5 1.  In cases other than those provided for in Articles 3 and 4, jurisdiction to rule on proceedings concerning the property consequences of a registered partnership shall lie with the courts of the Member State: 1.  Where no court has jurisdiction pursuant to Articles 3, 4 and 4a, jurisdiction to rule on proceedings concerning property consequences shall lie with the courts of the Member State: (a)  of the partners' common habitual residence, or failing that, (a)  in whose territory the partners are habitually resident at the time when the court is seised, or failing that, (b)  of the last common habitual residence if one of them still resides there, or failing that (b)  in whose territory the partners were last habitually resident if one of them still resides there at the time when the court is seised, or failing that, (c)  of the defendant's habitual residence, or failing that, (c)  in whose territory the defendant is habitually resident at the time when the court is seised, or failing that, (ca)  of the nationality of both partners at the time when the court is seised or, in the case of the United Kingdom and Ireland, of their common domicile, or failing that, (d)  of registration of the partnership. (d)  of registration of the partnership. 2.  The courts referred to in points (a), (b) and (c) of paragraph 1 may decline jurisdiction if their law does not recognise the institution of registered partnership. 2.  The courts referred to in points (a), (b), (c) and (ca) of paragraph 1 may decline jurisdiction if their law does not recognise the institution of registered partnership. (Regarding Article 5(ca)(new), see the amendment to Article 6(1)(b), Corresponds to AM 47 of the report in 2011/0059(CNS).) Amendment 53 Proposal for a regulation Article 6 Where no court has jurisdiction under Articles 3, 4 or 5, or the court designated by those provisions has declined jurisdiction, the courts of a Member State shall have jurisdiction in so far as: Where no court of a Member State has jurisdiction pursuant to Articles 3, 4, 4a or 5, or the court has declined jurisdiction, the courts of a Member State shall have jurisdiction in so far as immovable property or registered assets of one or both partners are located in the territory of that Member State; in that event the court seised shall have jurisdiction to rule only in respect of the immovable property or registered assets in question. (a)   property or properties of one or both partners are located in the territory of that Member State, but in that event the court seised shall have jurisdiction to rule only in respect of the property or properties in question; (b)  both partners are nationals of that Member State or, in the case of the United Kingdom and Ireland, have their common 'domicile' there. In such cases the courts of a Member State shall have jurisdiction to rule only on immovable property or registered assets located in that Member State. (Corresponds to AM 48 of the report in 2011/0059(CNS).) Amendment 54 Proposal for a regulation Article 7 Where no court of a Member State has jurisdiction under Articles 3, 4, 5 or 6, or the court designated by those provisions has declined jurisdiction, the courts of a Member State may, exceptionally and if the case has a sufficient connection with that Member State, rule on the property consequences of a registered partnership if proceedings would be impossible or cannot reasonably be brought or conducted in a third State. Where no court of a Member State has jurisdiction pursuant to Articles 3, 4, 4a, 5 or 6, the courts of a Member State may, on an exceptional basis, rule on a property regime case if proceedings cannot reasonably be brought or conducted, or would be impossible, in a third State with which the case is closely connected. The case must have a sufficient connection with the Member State of the court seised. (Corresponds to Article 11 of Regulation (EU) No 650/2012 and AM 49 of the report in 2011/0059(CNS).) Amendment 55 Proposal for a regulation Article 8 The court seised pursuant to Articles 3, 4, 5, 6 or 7 before which proceedings are pending shall also have jurisdiction to rule on a counterclaim if it falls within the scope of this Regulation. The court seised pursuant to Articles 3, 4, 4a, 5, 6 or 7 before which proceedings are pending shall also have jurisdiction to rule on a counterclaim if it falls within the scope of this Regulation. If a court has been seised pursuant to Article 6, its jurisdiction to rule on a counterclaim shall be limited to the immovable property or registered assets which form the subject-matter of the main proceedings. (Corresponds to AM 50 of the report in 2011/0059(CNS).) Amendment 56 Proposal for a regulation Article 9 A court shall be deemed to be seised: For the purposes of this Chapter, a court shall be deemed to be seised: (a)  at the time when(…) the document instituting the proceedings or an equivalent document is lodged with the court, provided that the applicant(…) has not subsequently failed to take the steps he (…)was required to take to have service effected on the defendant, or (a)  at the time when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the applicant has not subsequently failed to take the steps he was required to take to have service effected on the defendant; (b)  where the document has to be served before being lodged with the court, on the date on which it is formally drawn up or registered by the authority responsible for service, provided that the applicant has not subsequently failed to take the steps he or she was required to take to have the document lodged with the court. (b)  if the document has to be served before being lodged with the court, on the date on which it is formally drawn up or registered by the authority responsible for service, provided that the applicant has not subsequently failed to take the steps he was required to take to have the document lodged with the court, or (ba)  if the proceedings are opened of the court's own motion, at the time when the decision to open the proceedings is taken by the court, or, where such a decision is not required, at the time when the case is registered by the court. (Corresponds to Article 14 of Regulation (EU) No 650/2012 and AM 51 of the report in 2011/0059(CNS).) Amendment 57 Proposal for a regulation Article 12 – paragraph 1 1.  Where proceedings involving the same cause of action and between the same parties are brought before courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established. 1.  Where proceedings involving the same cause of action and between the partners are brought before courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established. (Corresponds to AM 52 of the report in 2011/0059(CNS).) Amendment 59 Proposal for a regulation Article 13 – paragraph 2 2.  Where these actions are pending at first instance, any court other than the court first seised may also, on the application of one of the parties, decline jurisdiction if the court first seised has jurisdiction over the actions in question and its law permits the consolidation thereof. 2.  Where those actions are pending at first instance, any court other than the court first seised may also, on the application of one of the partners, decline jurisdiction if the court first seised has jurisdiction over the actions in question and its law permits the consolidation thereof. (Corresponds to Article 18 of Regulation (EU) No 650/2012 and AM 54 of the report in 2011/0059(CNS).) Amendment 60 Proposal for a regulation Article 14 Provisional, including protective, measures provided for by the law of a Member State may be requested from the courts of that State, even where, under this Regulation, the courts of another Member State have jurisdiction as to the substance of the matter. Application may be made to the courts of a Member State for such provisional, including protective, measures as may be available under the law of that State, even if, under this Regulation, the courts of another Member State have jurisdiction as to the substance of the matter. (Corresponds to Article 19 of Regulation (EU) No 650/2012 and AM 56 of the report in 2011/0059(CNS).) Amendment 61 Proposal for a regulation Article -15 (new) Article -15 Unity and scope of the applicable law 1.  The law applicable to the property consequences of a registered partnership shall apply to all assets that are subject to those consequences, regardless of where the assets are located. 2.  The law applicable to the property consequences of registered partnerships shall determine, without prejudice to points (g) and (ga) of Article 1(3), inter alia: (a)  the division of the partners’ property into different categories before and after the registered partnership; (b)  the transfer of property from one category to another; (c)  liability for the other partner’s debts, where necessary; (d)  the partners’ rights of disposal during the partnership; (e)  dissolution and liquidation of the property regime of a registered partnership and division of property in the event of dissolution of the registered partnership; (f)  the impact of the property regime of a registered partnership on a legal relationship between one of the partners and a third party on the basis of Article 31. (Corresponds to AMs 57 and 58 of the report in 2011/0059(CNS).) Amendment 62 Proposal for a regulation Article -15 a (new) Article -15a Universal application Any law specified by this Regulation shall be applied whether or not it is the law of a Member State. (See amendment to Article 16; the text has been changed. Corresponds to Article 20 of Regulation (EU) No 650/2012 and AM 59 of the report in 2011/0059(CNS).) Amendment 63 Proposal for a regulation Article -15 b (new) Article -15b Choice of law 1.  The partners or future partners may agree on or change the law applicable to the property regime of their registered partnership, provided that that law recognises the institution of registered partnership and attaches property consequences to it, and provided that it is one of the following: (a)  the law of the State in which the partners or future partners, or one of them, is/are habitually resident at the time when the agreement is concluded, or (b)  the law of a State of which one of the partners or future partners is a national at the time when the agreement is concluded, or (c)  the law of a State in which the partnership is registered. 2.  If the law chosen does not recognise the institution of registered partnership or does not attach property consequences to it, the applicable law shall be determined in accordance with Article 15. 3.  The choice of law pursuant to paragraph 1 shall be valid only if the partners or future partners can prove that, prior to making the choice, they have taken advice on its legal consequences. This requirement shall be deemed to be fulfilled if the provision of advice is ensured by additional national formal rules governing the choice of law. 4.  Unless the partners agree otherwise, a change of the law applicable to the property regime of their registered partnership made during the partnership shall have prospective effect only. 5.  If the partners choose to make that change retroactive, its retroactive effect shall not affect the validity of previous transactions entered into under the law hitherto applicable or the rights of third parties under the law previously applicable. (Corresponds in part to AM 60 of the report in 2011/0059(CNS).) Amendment 64 Proposal for a regulation Article 15 Determination of the applicable law Establishing the applicable law where no choice is made The law applicable to the property consequences of registered partnerships is the law of the State in which the partnership was registered. 1.   If no choice-of-law agreement is made pursuant to Article -15b, the property consequences of registered partnerships shall be governed by the law of the State: (a)  in which the partners have their first common habitual residence at the time when their partnership was established or where they set up their first common habitual residence after establishing their partnership, or (b)  the nationality of which both partners have at the time when their partnership is established, or (c)  with which the partners have the closest ties at the time when their partnership is established, with due consideration given to all the circumstances, or (d)  in which the partnership is registered. 2.  Points (a), (b) and (c) of paragraph 1 shall not apply if the law in question does not recognise the institution of registered partnership. 3.  Point (b) of paragraph 1 shall not apply if the partners have more than one common nationality. (Corresponds in part to AM 61 et seq. of the report in 2011/0059(CNS).) Amendment 65 Proposal for a regulation Article 15 a (new) Article 15a Multiple registration If registered partnerships between the same persons exist in different States, the partnership which was most recently established, dating from the day on which it was established, shall be decisive for the purposes of determining the applicable law pursuant to point (d) of Article 15(1). Amendment 66 Proposal for a regulation Article 16 Article 16 deleted Universal nature of the conflict-of-law rule Any law determined in accordance with the provisions of this Chapter shall apply even if it is not the law of a Member State. (Corresponds to AM 68 of the report in 2011/0059(CNS).) Amendment 67 Proposal for a regulation Article 16 a (new) Article 16a Formal requirements for choosing the applicable law 1.  The agreement on the choice of law referred to in Article -15b shall be expressed in writing, dated and signed by both partners. Any communication by electronic means which provides a durable record of the agreement shall be deemed equivalent to writing. 2.  That agreement shall comply with the formal requirements of the law applicable to the property regime of the registered partnership or the law of the State in which the agreement was concluded. 3.  However, if the law of the State in which both partners have their habitual residence at the time of their agreement on the choice of applicable law provides for additional formal requirements for agreements of that type or, failing that, for the partnership agreement, those requirements shall apply. 4.  If the partners are habitually resident in different States at the time when the choice is made and the laws of those States provide for different formal requirements, the agreement shall be formally valid if it satisfies the requirements of either of those laws. (Similar to Article 5(2) of Regulation (EU) No 650/2012. See also AM 65 of the report in 2011/0059(CNS).) Amendment 68 Proposal for a regulation Article 16 b (new) Article 16b Formal requirements for a partnership agreement The formal aspects of a partnership agreement shall be governed mutatis mutandis by Article 16a. Any additional formal requirements within the meaning of Article 16a(3) shall, for the purposes of this Article relate only to the partnership agreement. (Corresponds to AM 66 of the report in 2011/0059(CNS).) Amendment 69 Proposal for a regulation Article 16 c (new) Article 16c Adaptation of rights in rem Where a person invokes a right in rem to which he or she is entitled under the law applicable to the property regime of the registered partnership and the law of the Member State in which that right is invoked does not know the right in rem in question, that right shall, if necessary and to the extent possible, be adapted to the closest equivalent right in rem under the law of that State, taking into account the aims and the interests pursued by the specific right in rem and the effects attached to it. (Corresponds to Article 31 of Regulation (EU) No 650/2012 and AM 67 of the report in 2011/0059(CNS).) Amendment 70 Proposal for a regulation Article 17 The provisions of this Regulation shall be without prejudice to the application of imperative provisions the upholding of which is regarded as crucial by a Member State for safeguarding its public interests, such as its political, social or economic organisation, to such an extent that they are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the property consequences of a registered partnership under this Regulation. 1.  Overriding mandatory provisions are provisions the disregard for which would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. The competent authorities should not interpret the public policy exception in a way that is contrary to the Charter of Fundamental rights of the European Union, and in particular Article 21 thereof, which prohibits all forms of discrimination. 2.  This Regulation shall not restrict the application of the overriding mandatory provisions of the law of the forum, without prejudice to the transaction protection provisions applicable pursuant to Article 31. (Corresponds to AM 69 of the report in 2011/0059(CNS).) Amendment 71 Proposal for a regulation Article 18 – paragraph 1 1.  The application of a rule of the law determined by this Regulation may be refused only if such application is manifestly incompatible with the public policy of the forum. 1.  The application of a rule of the law of any State determined by this Regulation may be refused only if its application is manifestly incompatible with the public policy of the forum. (Corresponds to Article 35 of Regulation (EU) No 650/2012 and AM 70 of the report in 2011/0059(CNS).) Amendment 72 Proposal for a regulation Article 19 Where this Regulation provides for the application of the law of a State, it means the rules of substantive law in force in that State other than its rules of private international law. Where this Regulation provides for the application of the law of a State, it refers to the rules of law in force in that State other than its rules of private international law. (Corresponds to AM 71 of the report in 2011/0059(CNS).) Amendment 73 Proposal for a regulation Article 20 States with two or more legal systems — territorial conflicts of laws States with more than one legal system — territorial conflicts of laws 1.  Where the law specified by this Regulation is that of a State which comprises several territorial units each of which has its own rules of law in respect of property regimes of registered partnerships, the internal conflict-of-laws rules of that State shall determine the relevant territorial unit whose rules of law are to apply. Where a State comprises several territorial units, each of which has its own system of law or its own set of rules concerning matters governed by this Regulation: 1a.  In the absence of such internal conflict-of-laws:rules: (a)  any reference to the law of that State shall be construed, for the purposes of determining the law applicable under this Regulation, as a reference to the law in force in the relevant territorial unit; (a)  any reference to the law of that State referred to in paragraph 1 shall, for the purposes of determining the law applicable pursuant to provisions referring to the habitual residence of the partners, be construed as referring to the law in force in the territorial unit in which the partners have their habitual residence; (b)  any reference to habitual residence in that State shall be construed as a reference to habitual residence in a territorial unit; (b)  any reference to the law of the State referred to in paragraph 1 shall, for the purposes of determining the law applicable pursuant to provisions referring to the nationality of the partners, be construed as referring to the law of the territorial unit with which the partners have the closest connection; (c)  any reference to nationality shall refer to the territorial unit determined by the law of that State, or, in the absence of relevant rules, to the territorial unit chosen by the parties or, in absence of such a choice, to the territorial unit with which the spouse or spouses has or have the closest connection. (c)  any reference to the law of the State referred to in paragraph 1 shall, for the purposes of determining the law applicable pursuant to any other provisions referring to other elements as connecting factors, be construed as referring to the law of the territorial unit in which the relevant element is located. (Corresponds to Article 36 of Regulation (EU) No 650/2012 and AM 72 of the report in 2011/0059(CNS).) Amendment 74 Proposal for a regulation Article 20 a (new) Article 20a States with more than one legal system – inter-personal conflicts of laws In relation to a State which has two or more systems of law or sets of rules applicable to different categories of persons in respect of the property regimes of registered partnerships, any reference to the law of such a State shall be construed as referring to the system of law or set of rules determined by the rules in force in that State. In the absence of such rules, the system of law or the set of rules with which the partners have the closest connection shall apply. (Corresponds to AM 73 of the report in 2011/0059(CNS).) Amendment 75 Proposal for a regulation Article 20 b (new) Article 20b Non-application of this Regulation to internal conflicts of laws A Member State which comprises several territorial units each of which has its own rules of law in respect of the property regimes of registered partnerships shall not be required to apply this Regulation to conflicts of laws arising between such units only. (Corresponds to AM 74 of the report in 2011/0059(CNS).) Amendment 76 Proposal for a regulation Article 21 – paragraph 1 1.  A decision given in a Member State shall be recognised in the other Member States without any special procedure being required. 1.  A decision given in a Member State shall be recognised in the other Member States without any special procedure being required. The recognition of such decisions shall not, however, imply that Member States recognise registered partnerships as a legal institution in their own law. Amendment 77 Proposal for a regulation Article 21 – paragraph 2 2.  Any interested party who raises the recognition of a decision as the principal issue in a dispute may, in accordance with the procedures set out in Articles [38 to 56] of Regulation (EC) No 44/2001, apply for the decision to be recognised. 2.  Any interested party who raises the recognition of a decision as the principal issue in a dispute may, in accordance with the procedures set out in Articles 27b to 27o, apply for that decision to be recognised. (Corresponds to Article 39 of Regulation (EU) No 650/2012 and AM 75 of the report in 2011/0059(CNS).) Amendment 78 Proposal for a regulation Article 22 – point a (a)  such recognition is manifestly contrary to public policy in the Member State addressed; (a)  such recognition is manifestly contrary to public policy in the Member State in which recognition is sought; (Corresponds to Article 40 of Regulation (EU) No 650/2012 and AM 76 of the report in 2011/0059(CNS).) Amendment 79 Proposal for a regulation Article 22 – point b (b)  where it was given in default of appearance, if the defendant was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable him or her to arrange for his or her defence, unless the defendant failed to commence proceedings to challenge the decision when it was possible for him or her to do so; (b)  where it was given in default of appearance, if the defendant was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable him or her to arrange for his or her defence, unless the defendant failed to appeal against the decision when it was possible for him or her to do so; (Corresponds in part to Article 40 of Regulation (EU) No 650/2012.) Amendment 80 Proposal for a regulation Article 22 – point c (c)  it is irreconcilable with a decision given in a matter between the same parties in the Member State addressed; (c)  it is irreconcilable with a decision given in proceedings between the same parties in the Member State in which recognition is granted; (Corresponds to Article 40 of Regulation (EU) No 650/2012 and AM 78 of the report in 2011/0059(CNS).) Amendment 81 Proposal for a regulation Article 22 – point d (d)  it is irreconcilable with an earlier decision given in another Member State or in a third State involving the same cause of action and between the same parties, provided that the earlier decision fulfils the conditions necessary for its recognition in the Member State addressed. (d)  it is irreconcilable with an earlier decision given in another Member State or in a third State in proceedings involving the same cause of action and between the same parties, provided that the earlier decision fulfils the conditions necessary for its recognition in the Member State in which recognition is sought; (Corresponds to Article 40 of Regulation (EU) No 650/2012 and AM 79 of the report in 2011/0059(CNS).) Amendment 82 Proposal for a regulation Article 25 Under no circumstances may a foreign decision be reviewed as to its substance. Under no circumstances may a decision given in a Member State be reviewed as to its substance. (Corresponds to Article 41 of Regulation (EU) No 650/2012 and AM 80 of the report in 2011/0059(CNS).) Amendment 83 Proposal for a regulation Article 26 A court of a Member State in which recognition is sought of a decision given in another Member State may stay the proceedings if an ordinary appeal against the decision has been lodged. A court of a Member State in which recognition of a decision given in another Member State is sought may stay the proceedings if an ordinary appeal against the decision has been lodged in the Member State of origin. (Corresponds to Article 42 of Regulation (EU) No 650/2012 and AM 81 of the report in 2011/0059(CNS).) Amendment 84 Proposal for a regulation Article 27 Decisions given and enforceable in a Member State and court settlements shall be enforced in the other Member States in accordance with Articles [38 to 56 and 58] of Regulation (EC) No 44/2001. Decisions given in a Member State and enforceable in that State and court settlements shall be enforceable in another Member State if, on the application of any interested party, they have been declared enforceable there in accordance with the procedure provided for in Articles 27b to 27o. (Corresponds to Article 43 of Regulation (EU) No 650/2012 and AM 82 of the report in 2011/0059(CNS).) Amendment 85 Proposal for a regulation Article 27 a (new) Article 27a Determination of domicile To determine whether, for the purposes of the procedure provided for in Articles 27b to 27o, a party is domiciled in the Member State of enforcement, the court seised shall apply the internal law of that Member State. (Corresponds to Article 44 of Regulation (EU) No 650/2012 and AM 83 of the report in 2011/0059(CNS).) Amendment 86 Proposal for a regulation Article 27 b (new) Article 27b Jurisdiction of local courts 1.  The application for a declaration of enforceability shall be submitted to the court or competent authority of the Member State of enforcement notified by that Member State to the Commission in accordance with Article 33. 2.  The local jurisdiction shall be determined by reference to the place of domicile of the party against whom enforcement is sought, or to the place of enforcement. (Corresponds to Article 45 of Regulation (EU) No 650/2012 and AM 84 of the report in 2011/0059(CNS).) Amendment 87 Proposal for a regulation Article 27 c (new) Article 27c Procedure 1.  The application procedure shall be governed by the law of the Member State of enforcement. 2.  The applicant shall not be required to have a postal address or an authorised representative in the Member State of enforcement. 3.  The application shall be accompanied by the following documents: (a)  a copy of the decision which satisfies the conditions necessary to establish its authenticity; (b)  the attestation issued by the court or competent authority of the Member State of origin using the form to be established in accordance with the advisory procedure referred to in Article 33c(2), without prejudice to Article 27d. (Corresponds to Article 46 of Regulation (EU) No 650/2012 and AM 85 of the report in 2011/0059(CNS).) Amendment 88 Proposal for a regulation Article 27 d (new) Article 27d Non-production of the attestation 1.  If the attestation referred to in point (b) of Article 27c(3) is not produced, the court or competent authority may specify a deadline for its production or accept an equivalent document or, if it considers that it has sufficient information before it, dispense with its production. 2.  If the court or competent authority so requires, a translation of the documents shall be produced. The translation shall be done by a person qualified to do translations in one of the Member States. (Corresponds to Article 47 of Regulation (EU) No 650/2012 and AM 86 of the report in 2011/0059(CNS).) Amendment 89 Proposal for a regulation Article 27 e (new) Article 27e Declaration of enforceability The decision shall be declared enforceable immediately on completion of the formalities in Article 27c without any review under Article 22. The party against whom enforcement is sought shall not at this stage of the proceedings be entitled to make any submissions on the application. (Corresponds to Article 48 of Regulation (EU) No 650/2012 and AM 87 of the report in 2011/0059(CNS).) Amendment 90 Proposal for a regulation Article 27 f (new) Article 27f Notice of the decision on the application for a declaration of enforceability 1.  The decision on the application for a declaration of enforceability shall forthwith be brought to the notice of the applicant in accordance with the procedure laid down by the law of the Member State of enforcement. 2.  The declaration of enforceability shall be served on the party against whom enforcement is sought, accompanied by the decision, if not already served on that party. (Corresponds to Article 49 of Regulation (EU) No 650/2012 and AM 88 of the report in 2011/0059(CNS).) Amendment 91 Proposal for a regulation Article 27 g (new) Article 27g Appeal against the decision on the application for a declaration of enforceability 1.  The decision on the application for a declaration of enforceability may be appealed against by either party. 2.  The appeal shall be lodged with the court communicated by the Member State concerned to the Commission in accordance with Article 33. 3.  The appeal shall be dealt with in accordance with the rules governing procedure in contradictory matters. 4.  If the party against whom enforcement is sought fails to appear before the appellate court in proceedings concerning an appeal brought by the applicant, Article 11 shall apply, even where the party against whom enforcement is sought is not domiciled in any of the Member States. 5.  An appeal against the declaration of enforceability shall be lodged within 30 days of service thereof. If the party against whom enforcement is sought is domiciled in a Member State other than that in which the declaration of enforceability was given, the time for appealing shall be 60 days and shall run from the date of service, either on him or her in person or at his or her residence. No extension may be granted on account of distance. (Corresponds to Article 50 of Regulation (EU) No 650/2012 and AM 89 of the report in 2011/0059(CNS).) Amendment 92 Proposal for a regulation Article 27 h (new) Article 27h Procedure to contest the decision given on appeal The decision given on the appeal may be contested only by the procedure communicated by the Member State concerned to the Commission in accordance with Article 33. (Corresponds to Article 51 of Regulation (EU) No 650/2012 and AM 90 of the report in 2011/0059(CNS).) Amendment 93 Proposal for a regulation Article 27 i (new) Article 27i Refusal or revocation of a declaration of enforceability The court with which an appeal is lodged under Article 27g or Article 27h shall refuse or revoke a declaration of enforceability only on one of the grounds specified in Article 22. It shall give its decision without delay. (Corresponds to Article 52 of Regulation (EU) No 650/2012 and AM 91 of the report in 2011/0059(CNS).) Amendment 94 Proposal for a regulation Article 27 j (new) Article 27j Staying of proceedings The court with which an appeal is lodged under Article 27g or Article 27h shall, on the application of the party against whom enforcement is sought, stay the proceedings if the enforceability of the decision is suspended in the Member State of origin by reason of an appeal. (Corresponds to Article 52 of Regulation (EU) No 650/2012 and AM 92 of the report in 2011/0059(CNS).) Amendment 95 Proposal for a regulation Article 27 k (new) Article 27k Provisional, including protective, measures 1.  When a decision must be recognised in accordance with this Section, nothing shall prevent the applicant from availing himself or herself of provisional, including protective, measures in accordance with the law of the Member State of enforcement without a declaration of enforceability under Article 27e being required. 2.  The declaration of enforceability shall carry with it by operation of law the power to proceed to any protective measures. 3.  During the time specified for an appeal pursuant to Article 27g(5) against the declaration of enforceability and until any such appeal has been determined, no measures of enforcement may be taken other than protective measures against the property of the party against whom enforcement is sought. (Corresponds to Article 54 of Regulation (EU) No 650/2012 and AM 93 of the report in 2011/0059(CNS).) Amendment 96 Proposal for a regulation Article 27 l (new) Article 27l Partial enforceability 1.  Where a decision has been given in respect of several matters and the declaration of enforceability cannot be given for all of them, the court or competent authority shall give it for one or more of them. 2.  An applicant may request a declaration of enforceability limited to parts of a decision. (Corresponds to Article 55 of Regulation (EU) No 650/2012 and AM 94 of the report in 2011/0059(CNS).) Amendment 97 Proposal for a regulation Article 27 m (new) Article 27m Legal aid An applicant who, in the Member State of origin, has benefited from complete or partial legal aid or exemption from costs or expenses, shall be entitled, in any proceedings for a declaration of enforceability, to benefit from the most favourable legal aid or the most extensive exemption from costs or expenses provided for by the law of the Member State of enforcement. (Corresponds to Article 56 of Regulation (EU) No 650/2012 and AM 95 of the report in 2011/0059(CNS).) Amendment 98 Proposal for a regulation Article 27 n (new) Article 27n No security, bond or deposit No security, bond or deposit, however described, shall be required of a party who in one Member State applies for recognition, enforceability or enforcement of a decision given in another Member State on the ground that he or she is a foreign national or that he or she is not domiciled or resident in the Member State of enforcement. (Corresponds to Article 57 of Regulation (EU) No 650/2012 and AM 96 of the report in 2011/0059(CNS).) Amendment 99 Proposal for a regulation Article 27 o (new) Article 27o No charge, duty or fee In proceedings for the issue of a declaration of enforceability, no charge, duty or fee calculated by reference to the value of the matter at issue may be levied in the Member State of enforcement. (Corresponds to Article 58 of Regulation (EU) No 650/2012 and AM 97 of the report in 2011/0059(CNS).) Amendment 100 Proposal for a regulation Article 28 Recognition of authentic instruments Acceptance of authentic instruments 1.   Authentic instruments drawn up in a Member State shall be recognised in the other Member States, unless their validity is disputed in accordance with the applicable law, and provided such recognition is not manifestly contrary to public policy in the Member State addressed. 1.   Authentic instruments established in a Member State shall have the same evidentiary effects in another Member State as they have in the Member State of origin or the most comparable effects, provided this is not manifestly contrary to public policy in the Member State concerned. A person wishing to use an authentic instrument in another Member State may ask the authority establishing the authentic instrument in the Member State of origin to fill in the form to be established in accordance with the advisory procedure referred to in Article 33(2) describing the evidentiary effects which the authentic instrument produces in the Member State of origin. 1a.   Any challenge relating to the authenticity of an authentic instrument shall be made before the courts of the Member State of origin and shall be decided upon under the law of that State. The authentic instrument challenged shall not produce any evidentiary effect in another Member State as long as the challenge is pending before the competent court. 1b.  Any challenge relating to the legal acts or legal relationships recorded in an authentic instrument shall be made before the courts having jurisdiction under this Regulation and shall be decided upon under the law applicable pursuant to Chapter III or the law referred to in Article 32. The authentic instrument challenged shall not produce any evidentiary effect in a Member State other than the Member State of origin as regards the matter being challenged as long as the challenge is pending before the competent court. 1c.  If the outcome of proceedings in a court of a Member State depends on the determination of an incidental question relating to the legal acts or legal relationships recorded in an authentic instrument in property regime matters, that court shall have jurisdiction over that question. 2.  The recognition of authentic instruments confers on them evidentiary effect with regard to their contents and a presumption of validity. (Corresponds to Article 59 of Regulation (EU) No 650/2012 and AM 98 of the report in 2011/0059(CNS).) Amendment 101 Proposal for a regulation Article 29 – paragraph 1 1.  Authentic instruments drawn up and enforceable in one Member State shall, on request, be declared enforceable in another Member State following the procedure set out in Articles [38 to 57] of Regulation (EC) No 44/2001. 1.  An authentic instrument which is enforceable in the Member State of origin shall be declared enforceable in another Member State on the application of any interested party in accordance with the procedure provided for in Articles 27b to 27o. 1a.  For the purposes of point (b) of Article 27c(3), the authority which established the authentic instrument shall, on the application of any interested party, issue an attestation using the form to be established in accordance with the advisory procedure referred to in Article 33(2). 2.  The court with which an appeal is lodged under Articles [43 and 44] of Regulation (EC) No 44/2001 may refuse or revoke a declaration of enforceability only if enforcement of the instrument is manifestly contrary to public policy in the Member State addressed. 2.  The court with which an appeal is lodged under Article 27g or Article 27h shall refuse or revoke a declaration of enforceability only if enforcement of the instrument is manifestly contrary to public policy in the Member State of enforcement. (Corresponds to Article 60 of Regulation (EU) No 650/2012 and AM 99 of the report in 2011/0059(CNS).) Amendment 102 Proposal for a regulation Article 30 Recognition and enforceability of court settlements Enforceability of court settlements Court settlements that are enforceable in the Member State of origin shall be recognised and declared enforceable in another Member State at the request of any interested party under the same conditions as authentic instruments. The court with which an appeal is lodged under Article [42 or 44] of Regulation (EC) No 44/2001 may refuse or revoke a declaration of enforceability only if enforcement of the court settlement is manifestly contrary to public policy in the Member State addressed. 1.   Court settlements which are enforceable in the Member State of origin shall be declared enforceable in another Member State on the application of any interested party in accordance with the procedure provided for in Articles 27b to 27o. 1a.  For the purposes of point (b) of Article 27c(3), the court which approved the settlement or before which it was concluded shall, on the application of any interested party, issue an attestation using the form to be established in accordance with the advisory procedure referred to in Article 33c(2). 1b.  The court with which an appeal is lodged under Article 27g or Article 27h shall refuse or revoke a declaration of enforceability only if enforcement of the court settlement is manifestly contrary to the public policy (ordre public) of the Member State of enforcement. (Corresponds to Article 61 of Regulation (EU) No 650/2012 and AM 100 of the report in 2011/0059(CNS).) Amendment 103 Proposal for a regulation Article 31 – title Effects in respect of third parties Protection of third parties (Corresponds AM 101 of the report in 2011/0059(CNS).) Amendment 104 Proposal for a regulation Article 31 – paragraph 1 1.  The property consequences of a registered partnership for a legal relationship between a partner and a third party are governed by the law of the State where the partnership was registered in accordance with Article 15. 1.  The property consequences of a registered partnership for a legal relationship between a partner and a third party are governed by the law applicable to property regimes of registered partnerships under this Regulation. Amendment 105 Proposal for a regulation Article 31 – paragraph 2 2.  However, the law of a Member State may provide that the law applicable may not be relied on by a partner in dealings with a third party if one or other of the partners or the third party has their habitual residence in the territory of that Member State and the conditions of disclosure or registration provided for in the law of that State are not satisfied, unless the third party was aware of or ought to have been aware of the law applicable to the property consequences of the registered partnership. 2.  However, in a legal relationship between a partner and a third party, neither of the partners may rely on the law applicable to the property regime of a registered partnership if the partner in a legal relationship with the third party and the third party have their habitual residence in the same State, which is not the State whose law is applicable to the property regime of the registered partnership. In such cases, the law of the Member State where the partner concerned and the third party have their habitual residence shall apply to the effects of the property regime on the third party. (Corresponds AM 102 of the report in 2011/0059(CNS).) Amendment 106 Proposal for a regulation Article 31 – paragraph 3 3.  The law of the Member State in which immovable property is located may provide for a similar rule to that laid down in paragraph 2 in respect of the legal relationship between a partner and a third party in respect of that property. 3.  Paragraph 2 shall not apply if: (a)  the third party was aware, or ought to have been aware, of the law applicable to the property regime of a registered partnership; (b)  the requirements concerning registration or disclosure of the property regime of the registered partnership in accordance with the law of the State of the habitual residence of the third party and the partner in a legal relationship with the third party were fulfilled, or (c)  in dealings concerning immovable property, the requirements concerning registration or disclosure of the property regime of the registered partnership in respect of the immovable property in accordance with the law of the State of the location of the immovable property were fulfilled. (Corresponds AM 103 of the report in 2011/0059(CNS).) Amendment 107 Proposal for a regulation Article -32 (new) Article -32 Habitual residence 1.  For the purposes of this Regulation, the habitual residence of companies, associations and legal persons shall be the place of their central administration. The habitual residence of natural persons acting in the course of their business activities shall be their principal place of business. 2.  Where the legal relationship is concluded in the course of the operations of a branch, agency or any other establishment, or if, under the contract, performance is the responsibility of such branch, agency or establishment, the place where the branch, agency or any other establishment is located shall be treated as the place of habitual residence. 3.  For the purposes of determining the habitual residence, the relevant point in time shall be the time of conclusion of the legal relationship. (Corresponds AM 104 of the report in 2011/0059(CNS).) Amendment 108 Proposal for a regulation Article 33 – paragraph 1 – point b a (new) (ba)  the names and contact details of the courts or authorities with competence to deal with applications for a declaration of enforceability in accordance with Article 27b(1) and with appeals against decisions on such applications in accordance with Article 27g(2); (Corresponds to Article 78(1), point (a), of Regulation (EU) No 650/2012 and AM 105 of the report in 2011/0059(CNS).) Amendment 109 Proposal for a regulation Article 33 – paragraph 1 – point b b (new) (bb)  the procedures to contest the decision given on appeal referred to in Article 27h. Amendment 110 Proposal for a regulation Article 33 – paragraph 2 2.  Member States shall notify the Commission of any subsequent changes in this information. 2.  Member States shall apprise the Commission of any subsequent changes to this information. Amendment 111 Proposal for a regulation Article 33 – paragraph 3 3.  The Commission shall make all information communicated in accordance with paragraphs 1 and 2 publicly available by appropriate means, in particular through the multilingual internet site of the European Judicial Network in civil and commercial matters. 3.  The Commission shall make all information communicated in accordance with paragraphs 1 and 2 publicly available in a simple manner by appropriate means, in particular through the multilingual internet site of the European Judicial Network in civil and commercial matters. The Member States shall ensure that the information on that multilingual website is also accessible through any official website they set up, in particular by providing a link to the Commission website. (Corresponds to Article 78(3) of Regulation (EU) No 650/2012 and AM 108 of the report in 2011/0059(CNS).) Amendment 112 Proposal for a regulation Article 33 – paragraph 3 a (new) 3a.  The Commission shall introduce an information and training tool for the relevant court officials and legal practitioners by setting up an interactive portal in all official languages of the institutions of the Union, including a system for sharing professional expertise and practices. (Corresponds to AM 109 of the report in 2011/0059(CNS).) Amendment 113 Proposal for a regulation Article 33 a (new) Article 33a Establishment and subsequent amendment of the list containing the information referred to in Article 2(1a) 1.  The Commission shall, on the basis of the notifications by the Member States, establish the list of the other authorities and legal professionals referred to in Article 2(1a). 2.  The Member States shall notify the Commission of any subsequent changes to the information contained in that list. The Commission shall amend the list accordingly. 3.  The Commission shall publish the list and any subsequent amendments in the Official Journal of the European Union. 4.  The Commission shall make all information notified in accordance with paragraphs 1 and 2 publicly available through any other appropriate means, in particular through the European Judicial Network in civil and commercial matters. (Corresponds to Article 79 of Regulation (EU) No 650/2012 and AM 110 of the report in 2011/0059(CNS).) Amendment 114 Proposal for a regulation Article 33 b (new) Article 33b Establishment and subsequent amendment of the attestations and forms referred to in Articles 27c, 28, 29 and 30 The Commission shall adopt implementing acts establishing and/or subsequently amending the attestations and forms referred to in Articles 27c, 28, 29 and 30. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 33c(2). (Corresponds to Article 80 of Regulation (EU) No 650/2012 and AM 111 of the report in 2011/0059(CNS).) Amendment 115 Proposal for a regulation Article 33 c (new) Article 33c Committee procedure 1.  The Commission shall be assisted by a committee. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2.  Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. (Corresponds to Article 81 of Regulation (EU) No 650/2012 and AM 112 of the report in 2011/0059(CNS).) Amendment 116 Proposal for a regulation Article 34 – paragraph 1 – subparagraph 1 a (new) The Commission shall investigate the following issues in its reports: –  the use made by registered partnerships of the opportunities to agree on the choice of law and court and its practical impact, –  the effectiveness of the advisory requirement in the choice of law, –  the use made of the possibility of lack of jurisdiction by the courts of those Member States which do not recognise the institution of registered partnership, and the practical impact of this, and –  the potential for further convergence of the rules laid down in this Regulation with those laid down in [the Regulation on jurisdiction, applicable law, recognition and enforcement of decisions in matters of matrimonial property regimes], with the objective of increasing equality. Amendment 117 Proposal for a regulation Article 35 – paragraph 3 3.  Chapter III shall apply only to partners who have registered their partnership. 3.  Chapter III shall apply only to registered partners who, following the date of application of this Regulation, have (a)  entered into a registered partnership, or (b)  made a choice of law with respect to the law applicable to their property regime. An agreement on the choice of law made prior to [date of application of this Regulation] shall likewise be valid if it meets the conditions set out in Chapter III or if it is valid under the law applicable in accordance with the relevant rules of private international law at the time when the agreement on the choice of law is concluded. Where an agreement on the choice of law has been concluded prior to [date of application of this Regulation] in anticipation of the possibility of choosing the law provided for in this Regulation, but that agreement was not valid under the law applicable in accordance with the relevant rules of private international law at the time when the agreement on the choice of law was concluded because no possibility of making a choice of law for registered partnerships existed under the applicable law, that agreement shall be valid as from [date of application of this Regulation].

European Parliament legislative resolution of 10 September 2013 on the proposal for a Council regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes (COM(2011)0126 – C7-0093/2011 – 2011/0059(CNS))

P7_TA(2013)0338 A7-0253/2013

(Special legislative procedure – consultation)

The European Parliament,

–  having regard to the Commission proposal to the Council (COM(2011)0126),

–  having regard to Article 81(3) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0093/2011),

–  having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Italian Senate, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–  having regard to Rule 55 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women’s Rights and Gender Equality (A7-0253/2013),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union;

3.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.  Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal;

5.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Text proposed by the Commission   Amendment Amendment 1 Proposal for a regulation Recital 10 (10)  This Regulation covers issues in connection with matrimonial property regimes. It does not define 'marriage', which is defined by the national laws of the Member States. (10)  This Regulation covers issues in connection with matrimonial property regimes. It does not define 'marriage', which is defined by the national laws of the Member States. Rather, it adopts a neutral attitude towards that concept. This Regulation does not affect the definition of the concept of marriage in the national law of the Member States. Amendment 2 Proposal for a regulation Recital 11 (11)  The scope of this Regulation should extend to all civil matters in relation to matrimonial property regimes, both the daily management of marital property and the liquidation of the regime, in particular as a result of the couple’s separation or the death of one of the spouses. (11)  The scope of this Regulation should extend to all civil matters in relation to matrimonial property regimes, both the daily management of marital property and the liquidation of the regime, in particular as a result of the couple’s separation, or divorce or the death of one of the spouses. (Corresponds to recital 9 in Regulation (EU) No 650/2012.) Amendment 3 Proposal for a regulation Recital 11 a (new) (11a)  This Regulation should not, however, apply to areas of civil law concerning matters other than matrimonial property regimes. For reasons of clarity, therefore, a number of questions which could be seen as having a link with matters of matrimonial property regimes should be explicitly excluded from the scope of this Regulation. (Corresponds to recital 11 in Regulation (EU) No 650/2012.) Amendment 4 Proposal for a regulation Recital 12 (12)  As maintenance obligations between spouses are governed by 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, they should be excluded from the scope of this Regulation, as should issues relating to the validity and effect of gifts covered by Regulation (EC) No 593/2008 of the European Parliament and Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). (12)  Maintenance obligations between spouses, which are governed by 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, should be excluded from the scope of this Regulation, as should issues relating to legal succession in the event of death covered by Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession1. ______________ 1 OJ L 201, 27.7.2012, p. 107. Amendment 5 Proposal for a regulation Recital 13 (13)  Issues relating to the nature of rights in rem that may exist under the national law of Member States, and those linked to the disclosure of such rights, should also be excluded from the scope of this Regulation, as they are from Regulation (EU) No ... [of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession. This means that the courts of the Member State in which property of one or both spouses is located may take measures under property law, regarding such things as the recording of a transfer of the property in the public register, where the law of that Member State so provides. (13)  This Regulation – like Regulation (EU) No 650/2012 – should not affect the limited number (‘numerus clausus’) of rights in rem known in the national law of some Member States. A Member State should not be required to recognise a right in rem relating to property located in that Member State if the right in rem in question is not known in its law. (Corresponds in part to recital 15 in Regulation (EU) No 650/2012.) Amendment 6 Proposal for a regulation Recital 13 a (new) (13a)  However, in order to allow the beneficiaries to enjoy in another Member State the rights which have been created or transferred to them, for example in the context of a dispute concerning a matrimonial property regime, this Regulation should provide for the adaptation of an unknown right in rem to the closest equivalent right in rem under the law of that other Member State. In the context of such an adaptation, account should be taken of the aims and the interests pursued by the specific right in rem and the effects attached to it. For the purposes of determining the closest equivalent national right in rem, the authorities or competent persons of the State whose law applies to the matrimonial property regime may be contacted for further information on the nature and the effects of the right. To that end, the existing networks in the area of judicial cooperation in civil and commercial matters could be used as well as any other available means facilitating the understanding of foreign law. (Corresponds to recital 16 in Regulation (EU) No 650/2012.) Amendment 7 Proposal for a regulation Recital 13 b (new) (13b)  The requirements for the recording in a register of a right in immovable or movable property should be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept (for immovable property, the lex rei sitae) which determines under what legal conditions and how the recording must be carried out and which authorities, such as land registers or notaries, are in charge of checking that all requirements are met and that the documentation presented or established is sufficient or contains the necessary information. (Corresponds in part to recital 18 in Regulation (EU) No 650/2012.) Amendment 8 Proposal for a regulation Recital 13 c (new) (13c)  The effects of the recording of a right in a register should also be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept which determines whether the recording is, for instance, declaratory or constitutive in effect. Thus where, for example, the acquisition of a right in immovable property requires a recording in a register under the law of the Member State in which the register is kept in order to ensure the erga omnes effect of registers or to protect legal transactions, the moment of such acquisition should be governed by the law of that Member State. (Corresponds to recital 19 in Regulation (EU) No 650/2012.) Amendment 9 Proposal for a regulation Recital 13 d (new) (13d)  The term ‘matrimonial property regime’, which determines the scope of this Regulation, should cover all rules concerning property relationships between spouses and in respect of third parties arising from their marriage and after its termination. These include not only the compulsory provisions of the applicable law but also any optional arrangements which the spouses may have agreed in accordance with the applicable law. Amendment 10 Proposal for a regulation Recital 13 e (new) (13e)  Like Regulation (EU) No 650/2012, this Regulation should respect the different systems for dealing with property-regime issues applied in the Member States. For the purposes of this Regulation, the term ‘court’ should therefore be given a broad meaning so as to cover not only courts in the true sense of the word, exercising judicial functions, but also the notaries or registry offices in some Member States who or which, in certain matters of property regimes, exercise judicial functions like courts, and the notaries and legal professionals who, in some Member States, exercise judicial functions in a given property-regime matter by delegation of power by a court. All courts as defined in this Regulation should be bound by the rules of jurisdiction set out in this Regulation. Conversely, the term ‘court’ should not cover non-judicial authorities of a Member State empowered under national law to deal with property regimes, such as the notaries in most Member States where, as is usually the case, they are not exercising judicial functions. (Corresponds to recital 20 in Regulation (EU) No 650/2012.) Amendment 11 Proposal for a regulation Recital 14 (14)  To reflect the increasing mobility of couples during their married life and facilitate the proper administration of justice, the rules on jurisdiction in this Regulation provide that matters of matrimonial property regimes, including liquidation of the regime as a result of divorce, legal separation or marriage annulment, are to be dealt with by the courts of the Member State having jurisdiction to deal with the divorce, separation or marriage annulment proceedings under Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000. (14)  To reflect the increasing mobility of couples during their married life and facilitate the proper administration of justice, the rules on jurisdiction in this Regulation provide that matters of matrimonial property regimes, including liquidation of the regime as a result of divorce, legal separation or marriage annulment, are to be dealt with by the courts of the Member State having jurisdiction to deal with the divorce, separation or marriage annulment proceedings under Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000, if the jurisdiction of the courts concerned has been expressly or in some other manner recognised by the spouses. Amendment 12 Proposal for a regulation Recital 16 (16)  Where matters of matrimonial property regimes are not linked to a divorce, separation or marriage annulment or to the death of a spouse, the spouses may decide to submit questions related to their matrimonial regime to the courts of the Member State of the law they chose as the law applicable to their matrimonial property regime. Such a decision is expressed by an agreement between the spouses which may be concluded at any moment, even during the proceedings. (16)  Where matters of matrimonial property regimes are not linked to a divorce, separation or marriage annulment or to the death of a spouse, the spouses may decide to submit questions related to their matrimonial regime to the courts of the Member State of the law they chose as the law applicable to their matrimonial property regime. This requires an agreement between the spouses which may be concluded, at the latest, until the matter is put before the court and subsequently as provided for by the lex fori. Amendment 13 Proposal for a regulation Recital 17 (17)  This Regulation must allow the territorial jurisdiction of a Member State's courts over applications concerning matrimonial property regimes to be determined in cases other than those of separation of the couple or death of a spouse, and must in particular have a forum necessitatis provision to prevent situations where justice is denied. (17)  This Regulation must protect the territorial jurisdiction of a Member State's courts over applications concerning matrimonial property regimes to be determined in cases other than those of separation of the couple or death of a spouse, in accordance with a set of criteria, listed in order of precedence, designed to ensure the existence of a close link between the spouses and the Member State whose courts have jurisdiction. Amendment 14 Proposal for a regulation Recital 17 a (new) (17a)  In order to remedy, in particular, situations of denial of justice, this Regulation should provide a forum necessitatis allowing a court of a Member State, on an exceptional basis, to rule on a matrimonial property case which is closely connected with a third State. Such an exceptional basis may be deemed to exist when proceedings prove impossible in the third State in question, for example because of civil war, or when a beneficiary cannot reasonably be expected to initiate or conduct proceedings in that State. Jurisdiction based on forum necessitatis should, however, be exercised only if the matrimonial property case has a sufficient connection with the Member State of the court seised. (Corresponds to recital 31 in Regulation (EU) No 650/2012.) Amendment 15 Proposal for a regulation Recital 21 (21)  Where no applicable law is chosen, and with a view to reconciling predictability and legal certainty with consideration of the life actually lived by the couple, this Regulation must introduce harmonised conflict-of-laws rules to establish the law applicable to all the spouses' property on the basis of a scale of connecting factors. The first common habitual residence of the spouses after marriage should constitute the first criterion, ahead of the law of the spouses' common nationality at the time of their marriage. If neither of these criteria apply, or failing a first common habitual residence in cases where the spouses have dual common nationalities at marriage, the third criterion should be the State with which the spouses have the closest links, taking into account all the circumstances, including the place where the marriage was celebrated, it being made clear that these links are to be considered as they were at the time the marriage was entered into. (21)  Where no applicable law is chosen, and with a view to reconciling predictability and legal certainty with consideration of the life actually lived by the couple, this Regulation must introduce harmonised conflict-of-laws rules to establish the law applicable to all the spouses' property on the basis of a scale of connecting factors. The common habitual residence of the spouses at the time of marriage or the first common habitual residence of the spouses after marriage should constitute the first criterion, ahead of the spouses' common nationality at the time of their marriage. If neither of those criteria applies, or failing a first common habitual residence in cases where the spouses have dual common nationalities at marriage, the third criterion should be the State with which the spouses have the closest links, taking into account all the circumstances, it being made clear that those links are to be considered as they were at the time the marriage was entered into. Amendment 16 Proposal for a regulation Recital 22 a (new) (22a)  For the purposes of the application of this Regulation, i.e. where it refers to nationality as a criterion for the application of the law of a State, the question of how to deal with cases of plural nationality and whether a person is to be regarded as a national of a State should be left to national law, or where appropriate also to international agreements, in full observance of the general principles of the European Union. Amendment 17 Proposal for a regulation Recital 24 (24)  Given the importance of choosing the law applicable to the matrimonial property regime, the Regulation must contain some guarantees to ensure that spouses or prospective spouses are aware of the consequences of their choice. This choice should be made in the form prescribed for the marriage contract by the law of the State chosen or by that of the State where the instrument is drawn up, and at least be in writing and dated and signed by the couple. Any additional formal requirements imposed by the law of the State chosen or that of the State where the instrument is drawn up concerning the validity, disclosure or registration of such contracts should be complied with. (24)  Given the importance of choosing the law applicable to the matrimonial property regime, this Regulation must contain some guarantees to ensure that spouses or prospective spouses are aware of the consequences of their choice. The agreement establishing that choice should at least be in writing and dated and signed by the couple. The choice should be made in the form prescribed by the law applicable to the matrimonial property regime or the law of the State where the agreement has been concluded. Amendment 18 Proposal for a regulation Recital 24 a (new) (24a)  To take account of certain rules of the Member States, in particular those for protection of the family home and for assigning rights of use in relations between the spouses, this Regulation should not prevent the application of overriding mandatory rules by the court before which a matter is brought, and should therefore allow a Member State to set aside the application of a foreign law in favour of its own. For this purpose ‘overriding mandatory rules’ should refer to imperative provisions, the upholding of which is regarded as crucial by a Member State for safeguarding its public interests, particularly its political, social or economic organisation. In order, for example, to protect the family home, the Member State where the home is located should be permitted to apply its own law, without prejudice to the transaction protection provisions applicable in the Member State concerned, whose precedence is guaranteed by Article 35. Amendment 19 Proposal for a regulation Recital 27 (27)  Since mutual recognition of decisions rendered in the Member States is one of the objectives of this Regulation, this Regulation must lay down rules on the recognition and enforcement of decisions on the basis of Regulation (EC) No 44/2001, adjusted where necessary to meet the specific requirements of matters covered by this Regulation. (27)  Since mutual recognition of decisions rendered in the Member States in matrimonial property cases is one of the objectives of this Regulation, this Regulation must lay down rules on the recognition, enforceability and enforcement of decisions on the basis of other legal instruments of the Union in the field of judicial cooperation in civil matters. Amendment 20 Proposal for a regulation Recital 28 (28)  In order to take into account the different methods of dealing with matters of matrimonial property regimes in the Member States, this Regulation must guarantee the recognition and enforcement of authentic instruments. Nevertheless, authentic instruments cannot be treated as court decisions with regard to their recognition. The recognition of authentic instruments means that they enjoy the same evidentiary effect with regard to their contents and the same effects as in their country of origin, and a presumption of validity which may be rebutted if they are contested. (28)  In order to take into account the different systems for dealing with matrimonial property cases in the Member States, this Regulation should guarantee the acceptance and enforceability in all Member States of authentic instruments in matrimonial property matters. (Corresponds to recital 60 in Regulation (EU) No 650/2012.) Amendment 21 Proposal for a regulation Recital 28 a (new) (28a)  In terms of the recognition, enforceability and enforcement of judicial decisions and of the acceptance and enforceability of authentic instruments and the enforceability of court settlements, this Regulation should therefore lay down rules on the basis of, in particular, Regulation (EU) No 650/2012. Amendment 22 Proposal for a regulation Recital 29 (29)  While the law applicable to matrimonial property regimes must govern the legal relationship between a spouse and a third party, the conditions for relying on that law should be regulated by the law of the Member State of habitual residence of the spouse or the third party, in the interests of the third party's protection. The law of that Member State may thus provide that the spouse may invoke the law of his or her matrimonial property regime against the third party only if the conditions of registration or disclosure laid down in that Member State have been complied with, unless the third party was aware of or ought to have been aware of the law applicable to the matrimonial property regime. (29)  The law applicable to matrimonial property regimes under this Regulation must govern the legal relationship between a spouse and a third party. However, in the interests of the third party's protection, neither of the spouses should be able to invoke that law in a legal relationship between one of the spouses and a third party if the spouse who has a legal relationship with the third party, and the third party, are habitually resident in the same State, which is not the State whose law is applicable to the matrimonial property. Exceptions should apply if the third party does not merit protection, in other words if he or she was aware of, or ought to have been aware of, the law applicable or if the requirements applicable to registration or disclosure in the State were complied with. Amendment 23 Proposal for a regulation Recital 30 a (new) (30a)   In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with regard to the establishment and subsequent amendment of the attestations and forms pertaining to the declaration of enforceability of decisions, court settlements and authentic instruments. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers1. _____________ 1 OJ L 55, 28.2.2011, p. 13. (Corresponds to recital 78 in Regulation (EU) No 650/2012.) Amendment 24 Proposal for a regulation Recital 30 b (new) (30b)  The advisory procedure should be used for the adoption of implementing acts establishing and subsequently amending the attestations and forms provided for in this Regulation in accordance with the procedure laid down in Article 4 of Regulation (EU) No 182/2011. (Corresponds to recital 79 in Regulation (EU) No 650/2012.) Amendment 25 Proposal for a regulation Recital 32 (32)  This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, in particular Articles 7, 9, 17, 21 and 47 concerning, respectively, respect for private and family life, the right to marry and to found a family according to national laws, property rights, the prohibition of any form of discrimination and the right to an effective remedy and to a fair trial. The Member States' courts must apply this Regulation in a manner consistent with these rights and principles. (32)  This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, in particular Articles 7, 9, 17, 20, 21, 23 and 47 concerning, respectively, respect for private and family life, the right to marry and to found a family according to national laws, property rights, equality before the law, the prohibition of any form of discrimination and the right to an effective remedy and to a fair trial. The Member States' courts must apply this Regulation in a manner consistent with those rights and principles. (Corresponds in part to recital 81 in Regulation (EU) No 650/2012.) Amendment 26 Proposal for a regulation Article 1 – paragraph 3 – point a (a)  the capacity of spouses, (a)  the general capacity of spouses, Amendment 27 Proposal for a regulation Article 1 – paragraph 3 – point a a (new) (aa)  the existence, validity or recognition of a marriage, Amendment 28 Proposal for a regulation Article 1 – paragraph 3 – point c (c)  gifts between spouses, deleted Amendment 29 Proposal for a regulation Article 1 – paragraph 3 – point d (d)  the succession rights of a surviving spouse, (d)  issues relating to succession due to death with reference to the surviving spouse, Amendment 30 Proposal for a regulation Article 1 – paragraph 3 – point e (e)  companies set up between spouses, (e)  questions governed by the law of companies and other bodies, corporate or unincorporated, (Corresponds to Article 1, point (h), of Regulation (EU) No 650/2012.) Amendment 31 Proposal for a regulation Article 1 – paragraph 3 – point f (f)  the nature of rights in rem relating to a property and the disclosure of such rights. (f)  the nature of rights in rem, (Corresponds to Article 1, point (k), of Regulation (EU) No 650/2012.) Amendment 32 Proposal for a regulation Article 1 – paragraph 3 – point f a (new) (fa)  any recording in a register of rights in movable or immovable property, including the legal requirements for such recording, and the effects of recording or failing to record such rights in a register, and (Corresponds to Article 1, point (l), of Regulation (EU) No 650/2012.) Amendment 33 Proposal for a regulation Article 1 – paragraph 3 – point f b (new) (fb)  questions of entitlement to transfer or adjustment, in the case of a divorce, between spouses or former spouses, of rights to retirement or disability pensions accrued during marriage. Amendment 34 Proposal for a regulation Article 2 – paragraph 1 – point a (a)  ‘matrimonial property regime’: a set of rules concerning the property relationships of spouses, between the spouses and in respect of third parties; (a)  ‘matrimonial property regime’: a set of rules applicable to the property relationships of spouses, between the spouses and in respect of third parties, as a result of marriage; Amendment 35 Proposal for a regulation Article 2 – paragraph 1 – point b (b)  'marriage contract': any agreement by which spouses organise their property relationships between themselves and in relation to third parties; (b)  'marriage contract': any agreement by which spouses or future spouses organise their matrimonial property relationships; Amendment 36 Proposal for a regulation Article 2 – paragraph 1 – point c – introductory part (c)  'authentic instrument': an instrument which has been officially drawn up or registered as an authentic instrument in the Member State of origin and the authenticity of which: (c)  'authentic instrument': an instrument in property matters which has been formally drawn up or registered as an authentic instrument in a Member State and the authenticity of which: (Corresponds to Article 3(1), point (i), of Regulation (EU) No 650/2012.) Amendment 37 Proposal for a regulation Article 2 – paragraph 1 – point d (d)  'decision': any decision given in a matter of a matrimonial property regime by a court of a Member State, whatever the decision may be called, including the terms 'decree', 'judgment', 'order' or 'writ of execution', and the determination of costs or expenses by an officer of the court; (d)  'decision': any decision given in a matter of a matrimonial property regime by a court of a Member State, whatever the decision may be called, and the determination of costs or expenses by an officer of the court; (Corresponds to Article 3(1), point (g), of Regulation (EU) No 650/2012.) Amendment 38 Proposal for a regulation Article 2 – paragraph 1 – point e (e)  'Member State of origin': the Member State in which, as the case may be, the decision has been given, the marriage contract concluded, the authentic instrument drawn up, the court settlement approved or the instrument liquidating the common property or any other instrument produced by or before the judicial authority or authority of delegation or designation; (e)  'Member State of origin': the Member State in which the decision has been given, the authentic instrument established or the court settlement approved or concluded; (Corresponds to Article 3(1), point (e), of Regulation (EU) No 650/2012.) Amendment 39 Proposal for a regulation Article 2 – paragraph 1 – point f (f)  'Member State addressed': the Member State in which recognition and/or enforcement of the decision, marriage contract, authentic instrument, court settlement, instrument of liquidation of the common property or any other instrument produced by or before the judicial authority or authority of delegation or designation is requested; (f)  ‘Member State of enforcement’: the Member State in which the declaration of enforceability or enforcement of the decision, court settlement or authentic instrument is sought; (Corresponds to Article 3(1), point (f), of Regulation (EU) No 650/2012.) Amendment 40 Proposal for a regulation Article 2 – paragraph 1 – point g (g)  any competent judicial authority in the Member States which carries out a judicial function in matters of matrimonial property regimes, or any other non-judicial authority or person carrying out, by delegation or designation by a judicial authority of a Member State, the functions falling within the jurisdiction of the courts as provided for in this Regulation; deleted Amendment 41 Proposal for a regulation Article 2 – paragraph 1 a (new) 1a.  For the purposes of this Regulation, the term ‘court’ means any judicial authority and all other authorities and legal professionals with competence in matters of matrimonial property regimes which exercise judicial functions or act pursuant to a delegation of power by a judicial authority or act under the control of a judicial authority, provided that such other authorities and legal professionals offer guarantees with regard to impartiality and the right of all parties to be heard and provided that their decisions under the law of the Member State in which they operate: (a)  may be made the subject of an appeal to or review by a judicial authority; and (b)  have a similar force and effect as a decision of a judicial authority on the same matter. The Member States shall notify the Commission of the other authorities and legal professionals referred to in the first subparagraph in accordance with Article 37a. (This provision corresponds to Article 3(2) of Regulation (EU) No 650/2012.) Amendment 42 Proposal for a regulation Article -3 (new) Article -3 Jurisdiction in matters of matrimonial property regimes within the Member States This Regulation shall not affect domestic jurisdiction over matrimonial property cases in the Member States. Amendment 43 Proposal for a regulation Article 3 The courts of a Member State seised by an application concerning the succession of a spouse under Regulation (EC) ... [of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession] shall also have jurisdiction to rule on matters of the matrimonial property regime arising in connection with the application. The courts of a Member State seised in matters of the succession of a spouse under Regulation (EU) No 650/2012 shall also have jurisdiction to rule on matters of the matrimonial property regime arising in connection with the succession case. Amendment 44 Proposal for a regulation Article 4 The courts of a Member State called upon to rule on an application for divorce, judicial separation or marriage annulment under Regulation (EC) No 2201/2003, shall also have jurisdiction, where the spouses so agree, to rule on matters of the matrimonial property regime arising in connection with the application. The courts of a Member State called upon to rule on an application for divorce, judicial separation or marriage annulment under Regulation (EC) No 2201/2003 shall also have jurisdiction to rule on matters of the matrimonial property regime arising in connection with the application, if the jurisdiction of the courts concerned has been recognised, expressly or otherwise in an unequivocal manner by the spouses. Such an agreement may be concluded at any time, even during the proceedings. If it is concluded before the proceedings, it must be drawn up in writing and dated and signed by both parties. Failing agreement between the spouses, jurisdiction is governed by Articles 5 et seq. Failing recognition of the jurisdiction of the court referred to in paragraph 1, jurisdiction shall be governed by Article 5 et seq. Amendment 45 Proposal for a regulation Article 4 a (new) Article 4a Choice-of-court agreement 1.  The spouses may agree that the courts of the Member State whose law they have chosen as the law applicable to their matrimonial property regime in accordance with Article 16 are to have jurisdiction to rule on matters of their matrimonial property regime. Such jurisdiction shall be exclusive. Without prejudice to the third subparagraph, a choice-of-court agreement may be concluded or amended at any time, but no later than when the case is brought before the court. If the law of the forum so provides, the spouses may also choose the court after the case has been brought before the court. In that event, such choice shall be recorded in court in accordance with the law of the forum. If the agreement is concluded before the proceedings, it must be drawn up in writing and dated and signed by the spouses. Any communication by electronic means which provides a durable record of the agreement shall be equivalent to ‘writing’. 2.  The spouses may also agree that, if no court has been chosen, the courts of the Member State whose law is applicable pursuant to Article 17 are to have jurisdiction. Amendment 46 Proposal for a regulation Article 4 b (new) Article 4b Jurisdiction based on the appearance of the defendant 1.  Apart from jurisdiction derived from other provisions of this Regulation, a court of a Member State whose law has been chosen under Article 16, or whose law is applicable under Article 17, and before which a defendant enters an appearance shall have jurisdiction. This rule shall not apply where an appearance was entered to contest the jurisdiction, or where another court has jurisdiction by virtue of Article 3, Article 4 or Article 4a. 2.  Before assuming jurisdiction under paragraph 1, the court shall ensure that the defendant is informed of his or her right to contest the jurisdiction and of the consequences of entering or not entering an appearance. Amendment 47 Proposal for a regulation Article 5 (1)   In cases other than those provided for in Articles 3 and 4 jurisdiction to rule on proceedings in a matter of the spouses' matrimonial property regime shall lie with the courts of the Member State: Where no court has jurisdiction pursuant to Articles 3, 4 and 4a, jurisdiction to rule on proceedings in a matter of the spouses' matrimonial property regime shall lie with the courts of the Member State: (a)  of the spouses' common habitual residence, or failing that, (a)  in whose territory the spouses are habitually resident at the time when the court is seised, or failing that, (b)  of the last common habitual residence if one of them still resides there, or, failing that, (b)  in whose territory the spouses were last habitually resident, if one of them still resides there at the time when the court is seised, or, failing that, (c)  of the defendant's habitual residence, or failing that, (c)  in whose territory the defendant is habitually resident at the time when the court is seised, or failing that, (d)  of the nationality of both spouses or, in the case of the United Kingdom and Ireland, of their common 'domicile'. (d)  of the nationality of both spouses at the time when the court is seised or, in the case of the United Kingdom and Ireland, of their common 'domicile', or failing that, (2)  Both parties may also agree that the courts of the Member State whose law they have chosen as the law applicable to their matrimonial property regime in accordance with Articles 16 and 18 shall also have jurisdiction to rule on matters of their matrimonial property regime. (da)  of the nationality of the defendant or, in the case of the United Kingdom and Ireland, of his or her domicile. Such an agreement may be concluded at any time, even during the proceedings. If it is concluded before the proceedings, it must be drawn up in writing and dated and signed by both parties. (With regard to paragraph 2, see amendment to Article 4a (new); the text has been altered.) Amendment 48 Proposal for a regulation Article 6 Where no court has jurisdiction according to Articles 3, 4 and 5, the courts of a Member State shall have jurisdiction in so far as property or properties of one or both spouses are located in the territory of that Member State, but in that event the court seised shall have jurisdiction to rule only in respect of the property or properties in question. Where no court of a Member State has jurisdiction pursuant to Articles 3, 4, 4a and 5, the courts of a Member State shall have jurisdiction in so far as immovable property or registered assets of one or both spouses are located in the territory of that Member State; in that event the court seised shall have jurisdiction to rule only in respect of the immovable property or registered assets in question. In such cases the courts of a Member State shall have jurisdiction to rule only on immovable property or registered assets located in that Member State. Amendment 49 Proposal for a regulation Article 7 Where no court of a Member State has jurisdiction under Articles 3, 4, 5 and 6, the courts of a Member State may, exceptionally and if the case has a sufficient connection with that Member State, rule on a matrimonial property regime case if proceedings would be impossible or cannot reasonably be brought or conducted in a third State. Where no court of a Member State has jurisdiction pursuant to Articles 3, 4, 4a, 5 and 6, the courts of a Member State may, on an exceptional basis, rule on a matrimonial property regime case if proceedings cannot reasonably be brought or conducted, or would be impossible, in a third State with which the case is closely connected. The case must have a sufficient connection with the Member State of the court seised. (Corresponds to Article 11 of Regulation (EU) No 650/2012.) Amendment 50 Proposal for a regulation Article 8 The court seised pursuant to Articles 3, 4, 5, 6 or 7 before which proceedings are pending shall also have jurisdiction to rule on a counterclaim if it falls within the scope of this Regulation. The court seised pursuant to Articles 3, 4, 4a, 5, 6 or 7 before which proceedings are pending shall also have jurisdiction to rule on a counterclaim if it falls within the scope of this Regulation. If the court has been seised pursuant to Article 6, its jurisdiction to rule on a counterclaim shall be limited to the immovable property or registered assets which form the subject-matter of the main proceedings. Amendment 51 Proposal for a regulation Article 9 A court shall be deemed to be seised: For the purposes of this Chapter, a court shall be deemed to be seised: (a)  on the date when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the plaintiff has not subsequently failed to take the steps he or she was required to take to have service effected on the defendant, or (a)  on the date when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the applicant has not subsequently failed to take the steps he or she was required to take to have service effected on the defendant, (b)  where the document has to be served before being lodged with the court, on the date on which it is formally drawn up or registered by the authority responsible for service, provided that the applicant has not subsequently failed to take the steps he or she was required to take to have the document lodged with the court. (b)  if the document has to be served before being lodged with the court, on the date on which it is formally drawn up or registered by the authority responsible for service, provided that the applicant has not subsequently failed to take the steps he or she was required to take to have the document lodged with the court, or (ba)  if the proceedings are opened of the court's own motion, at the time when the decision to open the proceedings is taken by the court, or, where such a decision is not required, at the time when the case is registered by the court. (Corresponds to Article 14 of Regulation (EU) No 650/2012.) Amendment 52 Proposal for a regulation Article 12 – paragraph 1 1.  Where proceedings involving the same cause of action and between the same parties are brought before courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established. 1.  Where proceedings involving the same cause of action and between the spouses are brought before courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established. (Corresponds to Article 17 of Regulation (EU) No 650/2012.) Amendment 54 Proposal for a regulation Article 13 – paragraph 2 2.  Where these actions are pending at first instance, any court other than the court first seised may also, on the application of one of the parties, decline jurisdiction if the court first seised has jurisdiction over the actions in question and its law permits the consolidation thereof. 2.  Where those actions are pending at first instance, any court other than the court first seised may also, on the application of one of the spouses, decline jurisdiction if the court first seised has jurisdiction over the actions in question and its law permits the consolidation thereof. (Corresponds to Article 18 of Regulation (EU) No 650/2012.) Amendment 55 Proposal for a regulation Article 13 a (new) Article 13a Provision of information to spouses The competent authority shall be obliged to inform the spouse(s), within a reasonable time, of any matrimonial property regime proceedings which are initiated against them. Amendment 56 Proposal for a regulation Article 14 Provisional, including protective, measures provided for by the law of a Member State may be requested from the courts of that State, even where, under this Regulation, the courts of another Member State have jurisdiction as to the substance of the matter. Application may be made to the courts of a Member State for such provisional, including protective, measures as may be available under the law of that State, even if, under this Regulation, the courts of another Member State have jurisdiction as to the substance of the matter. (Corresponds to Article 19 of Regulation (EU) No 650/2012.) Amendment 57 Proposal for a regulation Article 15 – paragraph 1 The law applicable to a matrimonial property regime under Article 16, 17 and 18 shall apply to all the couple's property. 1.   The law applicable to a matrimonial property regime under Articles 16 and 17 shall apply to all assets falling under that regime, regardless of their location. Amendment 58 Proposal for a regulation Article 15 – paragraph 1 a (new) 1a.  The law applicable to a matrimonial property regime shall determine, without prejudice to points (f) and (fa) of Article 1(3), inter alia: (a)  the division of the spouses’ property into different categories before and after the marriage; (b)  the transfer of property from one category to another; (c)  liability for the other spouse’s debts, where necessary; (d)  the spouses’ rights of disposal during the marriage; (e)  dissolution and liquidation of the matrimonial property regime and division of property in the event of dissolution of the marriage; (f)  the impact of the matrimonial property regime on a legal relationship between one of the spouses and a third party on the basis of Article 35; (g)  the material validity of a matrimonial property agreement. Amendment 59 Proposal for a regulation Article 15 a (new) Article 15a Universal application Any law specified by this Regulation shall be applied whether or not it is the law of a Member State. (See amendment to Article 21; the text has been altered.) Amendment 60 Proposal for a regulation Article 16 The spouses or future spouses may choose the law applicable to their matrimonial property regime, as long as it is one of the following laws: 1.   The spouses or future spouses may agree to designate or to change the law applicable to their matrimonial property regime, as long as it is one of the following laws: (a)  the law of the State of the habitual common residence of the spouses or future spouses, or (b)   the law of the State of habitual residence of one of the spouses at the time this choice is made, or (a)   the law of the State where the spouses or future spouses, or one of them, is/are habitually resident at the time when the agreement is concluded, or (c)   the law of the State of which one of the spouses or future spouses is a national at the time this choice is made. (b)   the law of a State of which one of the spouses or future spouses is a national at the time when the agreement is concluded. 2.  Unless the spouses agree otherwise, a change of the law applicable to the matrimonial property regime made during the marriage shall have prospective effect only. 3.  If the spouses choose to make that change of applicable law retroactive, its retroactive effect shall not affect the validity of previous transactions entered into under the law hitherto applicable or the rights of third parties deriving from the law previously applicable. Amendment 61 Proposal for a regulation Article 17 – paragraph 1 – introductory part 1.  If the spouses do not make a choice, the law applicable to the matrimonial property regime shall be: 1.  If no choice-of-law agreement is made pursuant to Article 16, the law applicable to the matrimonial property regime shall be: Amendment 62 Proposal for a regulation Article 17 – paragraph 1 – point a (a)  the law of the State of the spouses' first common habitual residence after their marriage or, failing that, (a)  the law of the State of the spouses’ common habitual residence at the time of marriage or of their first common habitual residence after their marriage or, failing that, Amendment 63 Proposal for a regulation Article 17 – paragraph 1 – point c (c)  the law of the State with which the spouses jointly have the closest links, taking into account all the circumstances, in particular the place where the marriage was celebrated. (c)  the law of the State with which the spouses jointly have the closest links at the time of the marriage, taking into account all the circumstances, regardless of the place where the marriage was celebrated. Amendment 64 Proposal for a regulation Article 18 Article 18 deleted Change of applicable law The spouses may, at any time during the marriage, make their matrimonial property regime subject to a law other than the one hitherto applicable. They may designate only one of the following laws: (a)  the law of the State of habitual residence of one of the spouses at the time this choice is made; (b)  the law of a State of which one of the spouses is a national at the time this choice is made. Unless the spouses desire otherwise, a change of the law applicable to the matrimonial property regime made during the marriage shall be effective only in the future. If the spouses choose to make this change of applicable law retrospective, the retrospective effect may not affect the validity of previous transactions entered into under the law applicable hitherto or the rights of third parties deriving from the law previously applicable. Amendment 65 Proposal for a regulation Article 19 1.  The choice of applicable law shall be made in the way specified for the marriage contract, either by the law of the State chosen or by the law of the State in which the document is drawn up. 1.  The agreement on the choice of applicable law referred to in Article 16 shall be expressed in writing, dated and signed by both spouses. Any communication by electronic means which provides a durable record of the agreement shall be deemed equivalent to writing. 2.  Notwithstanding paragraph 1, the choice must at least be made expressly in a document dated and signed by both spouses. 2.  That agreement shall comply with the formal requirements of the law applicable to the matrimonial property regime or of the law of the State in which the agreement was concluded. 3.  If the law of the Member State in which the spouses have their common habitual residence at the time of the choice referred to in paragraph 1 provides for additional formal requirements for the marriage contract, these requirements must be complied with. 3.  However, if the law of the State in which both spouses have their habitual residence at the time of their agreement on the choice of applicable law provides for additional formal requirements for agreements of that type or, failing that, for the marriage contract, those requirements shall apply. 4.  If the spouses are habitually resident in different States at the time of their agreement on the choice of the applicable law and the laws of those States provide for different formal requirements, the agreement shall be formally valid if it satisfies the requirements of either of those laws. 5.  If only one of the spouses is habitually resident in a Member State at the time when the agreement is concluded and that State lays down additional formal requirements for agreements of that type, those requirements shall apply. (Similar to Article 5(2) of Regulation (EU) No 650/2012.) Amendment 66 Proposal for a regulation Article 20 Law applicable to the form of marriage contract Formal requirements for a marriage contract 1.  The form of the marriage contract shall be that prescribed by the law applicable to the matrimonial property regime or by the law of the State where the contract is drawn up. The formal aspects of a marriage contract shall be governed mutatis mutandis by Article 19. Any additional formal requirements within the meaning of Article 19(3) shall for the purposes of this Article relate only to the marriage contract. 2.  Notwithstanding paragraph 1, the marriage contract must at least be set out in a document dated and signed by both spouses. 3.  If the law of the Member State in which the spouses have their common habitual residence at the time the marriage contract is concluded provides for additional formal requirements for that contract, these requirements must be complied with. Amendment 67 Proposal for a regulation Article 20 a (new) Article 20a Adaptation of rights in rem Where a person invokes a right in rem to which he or she is entitled under the law applicable to the matrimonial property regime and the law of the Member State in which the right is invoked does not know the right in rem in question, that right shall, if necessary and to the extent possible, be adapted to the closest equivalent right in rem under the law of that State, taking into account the aims and the interests pursued by the specific right in rem and the effects attached to it. (Corresponds to Article 31 of Regulation (EU) No 650/2012.) Amendment 68 Proposal for a regulation Article 21 Article 21 deleted Universal nature of the conflict-of-law rule Any law determined in accordance with the provisions of this Chapter shall apply even if it is not the law of a Member State. Amendment 69 Proposal for a regulation Article 22 The provisions of this Regulation shall be without prejudice to the application of imperative provisions the upholding of which is regarded as crucial by a Member State for safeguarding its public interests, such as its political, social or economic organisation, to such an extent that they are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the matrimonial property regime under this Regulation. 1.  Overriding mandatory provisions are provisions the disregard for which would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. The competent authorities should not interpret the public policy exception in a way that is contrary to the Charter of Fundamental rights of the European Union, and in particular Article 21 thereof, which prohibits all forms of discrimination. 2.  This Regulation shall not restrict the application of the overriding mandatory provisions of the law of the forum, without prejudice to the transaction protection provisions applicable pursuant to Article 35. Amendment 70 Proposal for a regulation Article 23 The application of a rule of the law determined by this Regulation may be refused only if such application is manifestly incompatible with the public policy of the forum. The application of a rule of the law of any State determined by this Regulation may be refused only if such application is manifestly incompatible with the public policy of the forum. (Corresponds to Article 35 of Regulation (EU) No 650/2012.) Amendment 71 Proposal for a regulation Article 24 Where this Regulation provides for the application of the law of a State, it means the rules of substantive law in force in that State other than its rules of private international law. Where this Regulation provides for the application of the law of a State, it refers to the rules of law in force in that State other than its rules of private international law. Amendment 72 Proposal for a regulation Article 25 States with two or more legal systems — territorial conflicts of laws States with more than one legal system – territorial conflicts of laws 1.  Where the law specified by this Regulation is that of a State which comprises several territorial units each of which has its own rules of law in respect of matrimonial property regimes, the internal conflict-of-laws rules of that State shall determine the relevant territorial unit whose rules of law are to apply. Where a State comprises several territorial units each of which has its own system of law or its own rules concerning matters governed by this Regulation: 1a.  In the absence of such internal conflict-of-laws rules: (a)  any reference to the law of that State shall be construed, for the purposes of determining the law applicable under this Regulation, as a reference to the law in force in the relevant territorial unit; (a)  any reference to the law of the State referred to in paragraph 1 shall, for the purposes of determining the law applicable pursuant to provisions referring to the habitual residence of the spouses, be construed as referring to the law of the territorial unit in which the spouses have their habitual residence; (b)  any reference to habitual residence in that State shall be construed as a reference to habitual residence in a territorial unit; (b)  any reference to the law of the State referred to in paragraph 1 shall, for the purposes of determining the law applicable pursuant to provisions referring to the nationality of the spouses, be construed as a reference to the law of the territorial unit with which the spouses have the closest connection; (c)  any reference to nationality shall refer to the territorial unit determined by the law of that State, or, in the absence of relevant rules, to the territorial unit chosen by the parties or, in absence of such a choice, to the territorial unit with which the spouse or spouses has or have the closest connection. (c)  any reference to the law of the State referred to in paragraph 1 shall, for the purposes of determining the law applicable pursuant to any other provisions referring to other elements as connecting factors, be construed as referring to the law of the territorial unit in which the relevant element is located. (Corresponds to Article 36 of Regulation (EU) No 650/2012.) Amendment 73 Proposal for a regulation Article 25 a (new) Article 25a States with more than one legal system – inter-personal conflicts of laws In relation to a State which has two or more systems of law or sets of rules applicable to different categories of persons in respect of matrimonial property regimes, any reference to the law of such a State shall be construed as referring to the system of law or set of rules determined by the rules in force in that State. In the absence of such rules, the system of law or the set of rules with which the spouses have the closest connection shall apply. Amendment 74 Proposal for a regulation Article 25 b (new) Article 25b Non-application of this Regulation to internal conflicts of laws A Member State which comprises several territorial units each of which has its own rules of law in respect of matrimonial property regimes shall not be required to apply this Regulation to conflicts of laws arising between such units only. (Corresponds to Article 38 of Regulation (EU) No 650/2012.) Amendment 75 Proposal for a regulation Article 26 – paragraph 2 2.  Any interested party who raises the recognition of a decision as the principal issue in a dispute may, in accordance with the procedures set out in Articles [38 to 56] of Regulation (EC) No 44/2001, apply for the decision to be recognised. 2.  Any interested party who raises the recognition of a decision as the principal issue in a dispute may, in accordance with the procedures set out in Articles 31b to 31o, apply for that decision to be recognised. (Corresponds to Article 39 of Regulation (EU) No 650/2012.) Amendment 76 Proposal for a regulation Article 27 – point a (a)  such recognition is manifestly contrary to public policy in the Member State addressed; (a)  such recognition is manifestly contrary to public policy in the Member State in which recognition is sought; (Corresponds to Article 40 of Regulation (EU) No 650/2012.) Amendment 78 Proposal for a regulation Article 27 – point c (c)  it is irreconcilable with a decision given in a matter between the same parties in the Member State addressed; (c)  if it is irreconcilable with a decision given in proceedings between the same parties in the Member State in which recognition is sought; (Corresponds to Article 40 of Regulation (EU) No 650/2012.) Amendment 79 Proposal for a regulation Article 27 – point d (d)  it is irreconcilable with an earlier decision given in another Member State or in a third State involving the same cause of action and between the same parties, provided that the earlier decision fulfils the conditions necessary for its recognition in the Member State addressed. (d)  if it is irreconcilable with an earlier decision given in another Member State or in a third State in proceedings involving the same cause of action and between the same parties, provided that the earlier decision fulfils the conditions necessary for its recognition in the Member State in which recognition is sought. (Corresponds to Article 40 of Regulation (EU) No 650/2012.) Amendment 80 Proposal for a regulation Article 29 Under no circumstances may a foreign decision be reviewed as to its substance. Under no circumstances may a decision given in a Member State be reviewed as to its substance. (Corresponds to Article 41 of Regulation (EU) No 650/2012.) Amendment 81 Proposal for a regulation Article 30 A court of a Member State in which recognition is sought of a decision given in another Member State may stay the proceedings if an ordinary appeal against the decision has been lodged. A court of a Member State in which recognition is sought of a decision given in another Member State may stay the proceedings if an ordinary appeal against the decision has been lodged in the Member State of origin. (Corresponds to Article 42 of Regulation (EU) No 650/2012.) Amendment 82 Proposal for a regulation Article 31 Decisions given in a Member State where they are enforceable shall be enforced in the other Member States in accordance with Articles [38 to 56 and 58] of Regulation (EC) No 44/2001. Decisions given in a Member State and enforceable in that State shall be enforceable in another Member State when, on the application of any interested party, they have been declared enforceable there in accordance with the procedure laid down in Articles 31b to 31o. (Corresponds to Article 43 of Regulation (EU) No 650/2012.) Amendment 83 Proposal for a regulation Article 31 a (new) Article 31a Determination of domicile To determine whether, for the purposes of the procedure provided for in Articles 31b to 31o, a party is domiciled in the Member State of enforcement, the court seised shall apply the internal law of that Member State. (Corresponds to Article 44 of Regulation (EU) No 650/2012.) Amendment 84 Proposal for a regulation Article 31 b (new) Article 31b Jurisdiction of local courts 1.  The application for a declaration of enforceability shall be submitted to the court or competent authority of the Member State of enforcement communicated by that Member State to the Commission in accordance with Article 37. 2.  The local jurisdiction shall be determined by reference to the place of domicile of the party against whom enforcement is sought, or to the place of enforcement. (Corresponds to Article 45 of Regulation (EU) No 650/2012.) Amendment 85 Proposal for a regulation Article 31 c (new) Article 31c Procedure 1.  The application procedure shall be governed by the law of the Member State of enforcement. 2.  The applicant shall not be required to have a postal address or an authorised representative in the Member State of enforcement. 3.  The application shall be accompanied by the following documents: (a)  a copy of the decision which satisfies the conditions necessary to establish its authenticity; (b)  the attestation issued by the court or competent authority of the Member State of origin using the form established in accordance with the advisory procedure referred to in Article 37c(2), without prejudice to Article 31d. (Corresponds to Article 46 of Regulation (EU) No 650/2012.) Amendment 86 Proposal for a regulation Article 31 d (new) Article 31d Non-production of the attestation 1.  If the attestation referred to in point (b) of Article 31c(3) is not produced, the court or competent authority may specify a time for its production or accept an equivalent document or, if it considers that it has sufficient information before it, dispense with its production. 2.  If the court or competent authority so requires, a translation of the documents shall be produced. The translation shall be done by a person qualified to do translations in one of the Member States. (Corresponds to Article 47 of Regulation (EU) No 650/2012.) Amendment 87 Proposal for a regulation Article 31 e (new) Article 31e Declaration of enforceability The decision shall be declared enforceable immediately on completion of the formalities in Article 31c without any review under Article 27. The party against whom enforcement is sought shall not at this stage of the proceedings be entitled to make any submissions on the application. (Corresponds to Article 48 of Regulation (EU) No 650/2012.) Amendment 88 Proposal for a regulation Article 31 f (new) Article 31f Notice of the decision on the application for a declaration of enforceability 1.  The decision on the application for a declaration of enforceability shall forthwith be brought to the notice of the applicant in accordance with the procedure laid down by the law of the Member State of enforcement. 2.  The declaration of enforceability shall be served on the party against whom enforcement is sought, accompanied by the decision, if not already served on that party. (Corresponds to Article 49 of Regulation (EU) No 650/2012.) Amendment 89 Proposal for a regulation Article 31 g (new) Article 31g Appeal against the decision on the application for a declaration of enforceability 1.  The decision on the application for a declaration of enforceability may be appealed against by either party. 2.  The appeal shall be lodged with the court communicated by the Member State concerned to the Commission in accordance with Article 37. 3.  The appeal shall be dealt with in accordance with the rules governing procedure in contradictory matters. 4.  If the party against whom enforcement is sought fails to appear before the appellate court in proceedings concerning an appeal brought by the applicant, Article 11 shall apply, even where the party against whom enforcement is sought is not domiciled in any of the Member States. 5.  An appeal against the declaration of enforceability shall be lodged within 30 days of service thereof. If the party against whom enforcement is sought is domiciled in a Member State other than that in which the declaration of enforceability was given, the time for appealing shall be 60 days and shall run from the date of service, either on him or her in person or at his or her residence. No extension may be granted on account of distance. (Corresponds to Article 50 of Regulation (EU) No 650/2012.) Amendment 90 Proposal for a regulation Article 31 h (new) Article 31h Procedure to contest the decision given on appeal The decision given on the appeal may be contested only by the procedure communicated by the Member State concerned to the Commission in accordance with Article 37. (Corresponds to Article 51 of Regulation (EU) No 650/2012.) Amendment 91 Proposal for a regulation Article 31 i (new) Article 31i Refusal or revocation of a declaration of enforceability The court with which an appeal is lodged under Article 31g or Article 31h shall refuse or revoke a declaration of enforceability only on one of the grounds specified in Article 27. It shall give its decision without delay. (Corresponds to Article 52 of Regulation (EU) No 650/2012.) Amendment 92 Proposal for a regulation Article 31 j (new) Article 31j Staying of proceedings The court with which an appeal is lodged under Article 31g or Article 31h shall, on the application of the party against whom enforcement is sought, stay the proceedings if the enforceability of the decision is suspended in the Member State of origin by reason of an appeal. (Corresponds to Article 53 of Regulation (EU) No 650/2012.) Amendment 93 Proposal for a regulation Article 31 k (new) Article 31k Provisional, including protective, measures 1.  When a decision must be recognised in accordance with this Section, nothing shall prevent the applicant from availing himself or herself of provisional, including protective, measures in accordance with the law of the Member State of enforcement without a declaration of enforceability under Article 31e being required. 2.  The declaration of enforceability shall carry with it by operation of law the power to proceed to any protective measures. 3.  During the time specified for an appeal pursuant to Article 31g(5) against the declaration of enforceability and until any such appeal has been determined, no measures of enforcement may be taken other than protective measures against the property of the party against whom enforcement is sought. (Corresponds to Article 54 of Regulation (EU) No 650/2012.) Amendment 94 Proposal for a regulation Article 31 l (new) Article 31l Partial enforceability 1.  Where a decision has been given in respect of several matters and the declaration of enforceability cannot be given for all of them, the court or competent authority shall give it for one or more of them. 2.  An applicant may request a declaration of enforceability limited to parts of a decision. (Corresponds to Article 55 of Regulation (EU) No 650/2012.) Amendment 95 Proposal for a regulation Article 31 m (new) Article 31m Legal aid An applicant who, in the Member State of origin, has benefited from complete or partial legal aid or exemption from costs or expenses, shall be entitled, in any proceedings for a declaration of enforceability, to benefit from the most favourable legal aid or the most extensive exemption from costs or expenses provided for by the law of the Member State of enforcement. (Corresponds to Article 56 of Regulation (EU) No 650/2012.) Amendment 96 Proposal for a regulation Article 31 n (new) Article 31n No security, bond or deposit No security, bond or deposit, however described, shall be required of a party who in one Member State applies for recognition, enforceability or enforcement of a decision given in another Member State on the ground that he or she is a foreign national or that he or she is not domiciled or resident in the Member State of enforcement. (Corresponds to Article 57 of Regulation (EU) No 650/2012.) Amendment 97 Proposal for a regulation Article 31 o (new) Article 31o No charge, duty or fee In proceedings for the issue of a declaration of enforceability, no charge, duty or fee calculated by reference to the value of the matter at issue may be levied in the Member State of enforcement. (Corresponds to Article 58 of Regulation (EU) No 650/2012.) Amendment 98 Proposal for a regulation Article 32 Recognition of authentic instruments Acceptance of authentic instruments 1.  Authentic instruments drawn up in a Member State shall be recognised in the other Member States, unless their validity is disputed in accordance with the applicable law, and provided such recognition is not contrary to public policy in the Member State addressed. 1.   An authentic instrument established in a Member State shall have the same evidentiary effects in another Member State as it has in the Member State of origin, or the most comparable effects, provided that this is not manifestly contrary to the public policy (ordre public) of the Member State concerned. A person wishing to use an authentic instrument in another Member State may ask the authority establishing the authentic instrument in the Member State of origin to fill in the form established in accordance with the advisory procedure referred to in Article 37c(2) describing the evidentiary effects which the authentic instrument produces in the Member State of origin. 1a.  Any challenge relating to the authenticity of an authentic instrument shall be made before the courts of the Member State of origin and shall be decided upon under the law of that State. The authentic instrument challenged shall not produce any evidentiary effect in another Member State as long as the challenge is pending before the competent court. 1b.  Any challenge relating to the legal acts or legal relationships recorded in an authentic instrument shall be made before the courts having jurisdiction under this Regulation and shall be decided upon under the law applicable pursuant to Chapter III or the law referred to in Article 36. The authentic instrument challenged shall not produce any evidentiary effect in a Member State other than the Member State of origin as regards the matter being challenged as long as the challenge is pending before the competent court. 1c.  If the outcome of proceedings in a court of a Member State depends on the determination of an incidental question relating to the legal acts or legal relationships recorded in an authentic instrument concerning a property regime, that court shall have jurisdiction over that question. 2.  The recognition of authentic instruments confers on them evidentiary effect with regard to their contents and a presumption of validity. (Corresponds to Article 59 of Regulation (EU) No 650/2012.) Amendment 99 Proposal for a regulation Article 33 1.  Authentic instruments drawn up and enforceable in one Member State shall, on request, be declared enforceable in another Member State following the procedure set out in Articles [38 to 57] of Regulation (EC) No 44/2001. 1.  An authentic instrument which is enforceable in the Member State of origin shall be declared enforceable in another Member State on the application of any interested party in accordance with the procedure provided for in Articles 31b to 31o. 1a.  For the purposes of point (b) of Article 31c(3), the authority which established the authentic instrument shall, on the application of any interested party, issue an attestation using the form established in accordance with the advisory procedure referred to in Article 37c(2). 2.  The court with which an appeal is lodged under Articles [43 and 44] of Regulation (EC) No 44/2001 may refuse or revoke a declaration of enforceability only if enforcement of the instrument is manifestly contrary to public policy in the Member State addressed. 2.  The court with which an appeal is lodged under Article 31g or Article 31h shall refuse or revoke a declaration of enforceability only if enforcement of the authentic instrument is manifestly contrary to the public policy (ordre public) of the Member State of enforcement. (Corresponds to Article 60 of Regulation (EU) No 650/2012.) Amendment 100 Proposal for a regulation Article 34 Recognition and enforceability of court settlements Enforceability of court settlements Court settlements that are enforceable in the Member State of origin shall be recognised and declared enforceable in another Member State at the request of any interested party under the same conditions as authentic instruments. The court with which an appeal is lodged under Article [42 or 44] of Regulation (EC) No 44/2001 may refuse or revoke a declaration of enforceability only if enforcement of the court settlement is manifestly contrary to public policy in the Member State addressed. 1.   Court settlements which are enforceable in the Member State of origin shall be declared enforceable in another Member State on the application of any interested party in accordance with the procedure provided for in Articles 31b to 31o. 1a.  For the purposes of point (b) of Article 31c(3), the court which approved the settlement or before which it was concluded shall, on the application of any interested party, issue an attestation using the form established in accordance with the advisory procedure referred to in Article 37c(2). 1b.  The court with which an appeal is lodged under Article 31g or 31h shall refuse or revoke a declaration of enforceability only if enforcement of the court settlement is manifestly contrary to the public policy (ordre public) of the Member State of enforcement. (Corresponds to Article 61 of Regulation (EU) No 650/2012.) Amendment 101 Proposal for a regulation Article 35 – title Effects in respect of third parties Protection of third parties Amendment 102 Proposal for a regulation Article 35 – paragraph 2 2.  However, the law of a Member State may provide that the law applicable to the matrimonial property regime may not be relied on by a spouse in dealings with a third party if one or other has their habitual residence in the territory of that Member State and the conditions of disclosure or registration provided for in the law of that State are not satisfied, unless the third party was aware of or ought to have been aware of the law applicable to the matrimonial property regime. 2.  However, in a legal relationship between a spouse and a third party, neither of the spouses may rely on the law applicable to the matrimonial property regime if the spouse in a legal relationship with the third party and the third party have their habitual residence in the same State, which is not the State whose law is applicable to the matrimonial property regime. In such cases, the law of the Member State of the habitual residence of that spouse and the third party shall apply to the effects on the third party of the matrimonial property regime. Amendment 103 Proposal for a regulation Article 35 – paragraph 3 3.  The law of the Member State in which immovable property is located may provide for a similar rule to that laid down in paragraph 2 in respect of the legal relationship between a spouse and a third party in respect of that property. 3.  Paragraph 2 shall not apply if: (a)  the third party was aware, or ought to have been aware, of the legal order applicable to the matrimonial property regime, or (b)  the requirements concerning registration or disclosure of the matrimonial property regime in accordance with the law of the State of the habitual residence of the third party and the spouse dealing with the third party were fulfilled, or (c)  in dealings concerning immovable property, the requirements concerning registration or disclosure of the matrimonial property regime in respect of the immovable property in accordance with the law of the State of the location of the immovable property were fulfilled. Amendment 104 Proposal for a regulation Article -36 (new) Article -36 Habitual residence 1.  For the purposes of this Regulation, the habitual residence of companies and other bodies, corporate or unincorporated, shall be the place of their central administration. The habitual residence of a natural person acting in the course of his or her business activity shall be his or her principal place of business. 2.  Where the legal relationship is concluded in the course of the operations of a branch, agency or any other establishment, or if, under the contract, performance is the responsibility of such branch, agency or establishment, the place where the branch, agency or any other establishment is located shall be treated as the place of habitual residence. 3.  For the purposes of determining the habitual residence, the relevant point in time shall be the time of the conclusion of the legal relationship. Amendment 105 Proposal for a regulation Article 37 – paragraph 1 – point b a (new) (ba)  the names and contact details of the courts and authorities with competence to deal with applications for a declaration of enforceability in accordance with Article 31b(1) and with appeals against decisions on such applications in accordance with Article 31g(2); (Corresponds to Article 78(1), point (a), of Regulation (EU) No 650/2012.) Amendment 106 Proposal for a regulation Article 37 – paragraph 1 – point b b (new) (bb)  the procedures to contest the decision given on appeal referred to in Article 31h; Amendment 108 Proposal for a regulation Article 37 – paragraph 3 3.  The Commission shall make all information communicated in accordance with paragraphs 1 and 2 publicly available by appropriate means, in particular through the multilingual internet site of the European Judicial Network in civil and commercial matters. 3.  The Commission shall make all information communicated in accordance with paragraphs 1 and 2 publicly available in a simple manner by appropriate means, in particular, through the multilingual internet site of the European Judicial Network in civil and commercial matters. The Member States shall ensure that the information on that multilingual website is also accessible through any official website they set up, in particular by providing a link to the Commission website. (Corresponds to Article 78(3) of Regulation (EU) No 650/2012.) Amendment 109 Proposal for a regulation Article 37 – paragraph 3 a (new) 3a.  The Commission shall introduce an information and training tool for the relevant court officials and legal practitioners by setting up an interactive portal in all official languages of the institutions of the Union, including a system for sharing professional expertise and practices. Amendment 110 Proposal for a regulation Article 37 a (new) Article 37a Establishment and subsequent amendment of the list containing the information referred to in Article 2(1a) 1.  The Commission shall, on the basis of the notifications by the Member States, establish the list of the other authorities and legal professionals referred to in Article 2(1a). 2.  The Member States shall notify the Commission of any subsequent changes to the information contained in that list. The Commission shall amend the list accordingly. 3.  The Commission shall publish the list and any subsequent amendments in the Official Journal of the European Union. 4.  The Commission shall make all information notified in accordance with paragraphs 1 and 2 publicly available through any other appropriate means, in particular through the European Judicial Network in civil and commercial matters. (Corresponds to Article 79 of Regulation (EU) No 650/2012.) Amendment 111 Proposal for a regulation Article 37 b (new) Article 37b Establishment and subsequent amendment of the attestations and forms referred to in Articles 31c, 32, 33 and 34 The Commission shall adopt implementing acts establishing and subsequently amending the attestations and forms referred to in Articles 31c, 32, 33 and 34. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37c(2). (Corresponds to Article 80 of Regulation (EU) No 650/2012.) Amendment 112 Proposal for a regulation Article 37 c (new) Article 37c Committee procedure 1.  The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2.  Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. (Corresponds to Article 81 of Regulation (EU) No 650/2012.) Amendment 113 Proposal for a regulation Article 39 – paragraph 3 3.  Chapter III shall apply only to spouses who marry or who specify the law applicable to the matrimonial property regime after the date of application of this Regulation. 3.  Chapter III shall apply only to spouses who after the date of application of this Regulation: (a)   marry, or (b)   specify the law applicable to the matrimonial property regime. An agreement on the choice of applicable law concluded before [the time of application of this Regulation] shall likewise be valid if it meets the conditions laid down in Chapter III or if it is valid in application of the rules of private international law in force at the time when the agreement on the choice of law is concluded.