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COUNCIL OF

THE EUROPEAN UNION

Brussels, 10 October 2008 (14.10)

(OR. fr)

Interinstitutional File:

2005/0259 CNS

13845/08

ADD 1

LIMITE





JUSTCIV 206



NOTE

from:	Presidency

to:	Coreper

No. prev. doc.:	13583/08 JUSTCIV 198

No. Cion prop.:	5199/06 JUSTCIV 2

Subject:	Proposal for a Council Regulation on jurisdiction, applicable
law, recognition and enforcement of decisions and cooperation in matters
relating to maintenance obligations

–	Political agreement



Delegations will find attached the text of the enacting terms of the
abovementioned draft Regulation as proposed by the Presidency with a
view to political agreement.

				



Proposal for 

COUNCIL REGULATION (EC) No …./2008

of

on jurisdiction, applicable law, recognition and enforcement of
decisions and cooperation in matters relating to maintenance obligations

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in
particular Article 61(c) and Article 67(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

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

Having regard to the opinion of the European Data Protection Supervisor,

Whereas:

(….)

(the recitals are not part of the political agreement at this stage)



HAS ADOPTED THIS REGULATION:

Chapter 1

Scope and definitions

Article 1

Scope of application

1.	This Regulation shall apply to maintenance obligations arising from a
family relationship, parentage, marriage or affinity.

2.	In this Regulation, the term "Member State" shall mean Member States
to which this Regulation applies.

Article 2

Definitions

1.	For the purposes of this Regulation:

(1)	(moved – see paragraph 2)

(2)	(...)

(3)	the term "decision" shall mean a decision in matters relating to
maintenance obligations given by a court of a Member State, whatever the
decision may be called, including a decree, order, judgment or writ of
execution, as well as the decision by an officer of the court
determining the costs or expenses (…). For the purposes of
Chapters VIII and VIIIa, the term "decision" shall also mean a decision
in matters relating to maintenance obligations given in a third State;

(3a)	the term "court settlement" shall mean a settlement in matters
relating to maintenance obligations which has been approved by a court
or concluded before a court in the course of proceedings;

(4)	the term "authentic instrument" shall mean:

(a)	a document in matters relating to maintenance obligations which has
been formally drawn up or registered as an authentic instrument in the
Member State of origin (....) and the authenticity of which: 

(i)	relates to the signature and the content of the instrument, and

(ii)	has been established by a public authority or other authority
empowered for that purpose; or,

(b)	an arrangement relating to maintenance obligations concluded with
administrative authorities of the Member State of origin or
authenticated by them;

(5)	the term "Member State of origin" shall mean the Member State in
which, as the case may be, the decision has been given, the court
settlement has been approved or concluded and the authentic instrument
has been drawn up or registered (...); 

(6)	the term "Member State of enforcement" shall mean the Member State
in which the enforcement of the decision, the court settlement or the
authentic instrument (...) is sought;

(6a)	the term "requesting Member State" shall mean the Member State
whose Central Authority transmits an application pursuant to Chapter
VIII;

(6b)	the term "requested Member State" shall mean the Member State whose
Central Authority receives an application pursuant to Chapter VIII;



(6c)	the term "2007 Hague Convention Contracting State" shall mean a
State which is a contracting party to the Hague Convention of
23 November 2007 on the International Recovery of Child Support and
other Forms of Family Maintenance (hereinafter referred to as "the
2007 Hague Convention") to the extent that the said Convention applies
between the Community and that State;

(7)	the term "court of origin" shall mean the court which has given the
decision to be enforced;

(8)	the term "creditor" shall mean any individual to whom maintenance is
owed or is alleged to be owed;

(9)	the term "debtor" shall mean any individual who owes or who is
alleged to owe maintenance.

2.	For the purposes of this Regulation, the term "court" shall include
administrative authorities of the Member States with competence in
matters relating to maintenance obligations provided that such
authorities 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 where they are established

(i)	may be made the subject of an appeal to or review by a judicial
authority, and

(ii)	have a similar force and effect to a decision of a judicial
authority on the same matter.

	These administrative authorities shall be listed in Annex IX. That
Annex shall be established in accordance with the management procedure
referred to in Article 51(1a) and shall be amended in accordance with
the same procedure at the request of the Member State in which the
administrative authority concerned is established.



3.	For the purposes of Articles 3, 4 and 6, the concept of "domicile"
shall replace that of "nationality" in those Member States which use
this concept as a connecting factor in family matters.

	For the purposes of Article 6, parties which have their "domicile" in
different territorial units of the same Member State shall be deemed to
have their common "domicile" in that Member State.

Chapter II

Jurisdiction

Article 3

General jurisdiction

In matters relating to maintenance obligations in Member States,
jurisdiction shall lie with:

(a)	the court for the place where the defendant is habitually resident,
or

(b)	the court for the place where the creditor is habitually resident,
or

(c)	the court which, according to its own law, has jurisdiction to
entertain proceedings concerning the status of a person if the matter
relating to maintenance is ancillary to those proceedings, unless that
jurisdiction is based solely on the nationality of one of the parties,
or

(d)	the court which, according to its own law, has jurisdiction to
entertain proceedings concerning parental responsibility (...) if the
matter relating to maintenance is ancillary to those proceedings, unless
that jurisdiction is based solely on the nationality of one of the
parties.

Article 4

(...) Choice of court

1.	The parties (...) may agree that the following court or courts of a
Member State shall have jurisdiction to settle any disputes (...) in
matters relating to a maintenance obligation which have arisen or may
arise between them:

	(a)	a court or the courts of a Member State in which one of the parties
is habitually resident, 

	(b)	a court or the courts of a Member State of which one of the parties
has the nationality, 

	(c)	in the case of maintenance obligations between spouses or former
spouses:

(i)	the court which has jurisdiction to settle their dispute in
matrimonial matters, or

(ii)	a court or the courts of the Member State which was the Member
State of the spouses' last common habitual residence for a period of at
least one year.

	The conditions referred to in points (a), (b) and (c) have to be met at
the time the choice of court agreement is concluded or at the time the
court is seised. 

	The jurisdiction conferred by agreement shall be exclusive unless the
parties have agreed otherwise.

2.	A choice of court agreement shall be in writing. Any communication by
electronic means which provides a durable record of the agreement shall
be equivalent to "writing".

3.	(....)

4.	This Article shall not apply to a dispute relating to a maintenance
obligation towards a child under the age of 18.

Article 5

Jurisdiction based on the appearance of the defendant

Apart from jurisdiction derived from other provisions of this
Regulation, a court of a Member State before which a defendant enters an
appearance shall have jurisdiction. This rule shall not apply where
appearance was entered to contest the jurisdiction (...).

Article 6

Subsidiary jurisdiction

Where no court of a Member State has jurisdiction pursuant to
Articles 3, 4 and 5, the courts of the Member State of the common
nationality of the parties shall have jurisdiction.

Article 6-0

Forum necessitatis

Where no court of a Member State has jurisdiction pursuant to
Articles 3, 4, 5 and 6, the courts of a Member State may, on an
exceptional basis, hear the case if proceedings cannot reasonably be
brought or conducted or would be impossible in a third State with which
the dispute is closely connected.

The dispute must have a sufficient connection with the Member State of
the court seised.



Article 6a

(Hague Convention Article 18 mutatis mutandis)

Limit on proceedings

1.	Where a decision is given in a Member State or a 2007 Hague
Convention Contracting State where the creditor is habitually resident,
proceedings to modify the decision or to have a new decision given
cannot be brought by the debtor in any other Member State as long as the
creditor remains habitually resident in the State in which the decision
was given.

2.	Paragraph 1 shall not apply:

(a)	where the parties have agreed in accordance with Article 4 to the
jurisdiction of the courts of that other Member State,

(b)	where the creditor submits to the jurisdiction of the courts of that
other Member State pursuant to Article 5, 

(c)	where the competent authority in the 2007 Hague Convention
Contracting State of origin cannot, or refuses to, exercise jurisdiction
to modify the decision or give a new decision, or

(d)	where the decision given in the 2007 Hague Convention Contracting
State of origin cannot be recognised or declared enforceable in the
Member State where proceedings to modify the decision or to have a new
decision given are contemplated. 

Article 6-1

(former Article 9)

Seising of a court

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 claimant
has not subsequently failed to take the steps he was required to take to
have service effected on the defendant, or

(b)	if the document has to be served before being lodged with the court,
at the time when it is received by the authority responsible for
service, provided that the claimant has not subsequently failed to take
the steps he was required to take to have the document lodged with the
court.

Article 6-2

(former Article 11)

Examination as to jurisdiction

Where a court of a Member State is seised of a case over which it has no
jurisdiction under this Regulation (...) it shall declare of its own
motion that it has no jurisdiction.

Article 6-3

(former Article 23)

Examination as to admissibility

1.	Where a defendant habitually resident in a (...) State other than the
Member State where the action was brought does not enter an appearance,
the court with jurisdiction shall stay the proceedings so long as it is
not shown that the defendant has been able to receive the document
instituting the proceedings or an equivalent document in sufficient time
to enable him to arrange for his defence, or that all necessary steps
have been taken to this end.

1a.	Article 19 of Regulation (EC) No 1393/2007 shall apply instead of
the provisions of paragraph 1 (...) if the document instituting the
proceedings or an equivalent document had to be transmitted from one
Member State to another pursuant to that Regulation.

2.	(...)

3.	Where the provisions of Regulation (EC) No 1393/2007 are not
applicable, Article 15 of the Hague Convention of 15 November 1965 on
the service abroad of judicial and extrajudicial documents in civil or
commercial matters shall apply if the document instituting the
proceedings or an equivalent document had to be transmitted abroad
pursuant to that Convention.

Article 6-4

(former Article 7)

Lis pendens

1.	Where proceedings involving the same cause of action and between the
same parties are brought in the 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.

2.	Where the jurisdiction of the court first seised is established, any
court other than the court first seised shall decline jurisdiction in
favour of that court.

Article 6-5

(former Article 8)

Related actions

1.	Where related actions are pending in the courts of different Member
States, any court other than the court first seised may stay its
proceedings.

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.

3.	For the purposes of this Article, actions are deemed to be related
where they are so closely connected that it is expedient to hear and
determine them together to avoid the risk of irreconcilable judgments
resulting from separate proceedings.

Article 6-6

(former Article 10)

Provisional, including protective, measures

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.

Article 7

(moved – see Article 6-4)

Article 8

(moved – see Article 6-5)

Article 9

(moved – see Article 6-1)

Article 10

(moved – see Article 6-6)

Article 11

(moved – see Article 6-2)



Chapter III

Applicable law

Article 12-0

Determination of the applicable law

The law applicable to maintenance obligations shall be determined in
accordance with the Hague Protocol of 23 November 2007 on the law
applicable to maintenance obligations (hereinafter referred to as "the
2007 Hague Protocol") in the Member States bound by that instrument.

(Articles 12-21 deleted)

Chapter IV

Common procedural rules

Article 22

(deleted)

Article 23

(moved – see Article 6-3)

Article 24

(moved – see Article 26-3)



Chapter V

Recognition, enforceability and enforcement of decisions

Article 25-0

Scope of application of this Chapter

1.	This Chapter shall govern the recognition, enforceability and
enforcement of all decisions falling within the scope of this
Regulation. 

2.	Section 1 shall apply to decisions given in a Member State bound by
the 2007 Hague Protocol.

3.	Section 2 shall apply to decisions given in a Member State not bound
by the 2007 Hague Protocol.

4.	Section 3 shall apply to all decisions.

Section 1

Decisions given in a Member State bound

by the 2007 Hague Protocol

Article 25

Abolition of exequatur 

1.	A decision given in a Member State bound by the 2007 Hague Protocol
(...) shall be recognised (...) in another Member State (...) without
any special procedure being required and without any possibility of
opposing its recognition.

2.	A decision given in a Member State bound by the 2007 Hague Protocol
which is enforceable in that State shall be enforceable in another
Member State without the need for a declaration of enforceability.

Article 26

Provisional enforceability

(moved to section 3 – see new Article 26-21b)

Article 26-1

Protective measures

An enforceable decision shall carry with it by operation of law the
power to proceed to any protective measures which exist under the law of
the Member State of enforcement.

Article 26-2

No effect on the existence of family relationships

(moved – see new Article 26-5a)

Article 26-3

Right to apply for a review

A defendant who did not enter an appearance in the Member State of
origin shall have the right to apply for a review of the decision before
the competent court of that Member State where:

(a)	he was not served with the document instituting the proceedings or
an equivalent document in sufficient time and in such a way as to enable
him to arrange for his defence, or

(b)	he was prevented from contesting the maintenance claim by reason of
force majeure or due to extraordinary circumstances without any fault on
his part,

unless he failed to challenge the decision when it was possible for him
to do so.

2.	The time limit for applying for a review shall run from the day the
defendant was effectively acquainted with the contents of the decision
and was able to react, at the latest from the day of the first
enforcement measure having the effect of making his property
non-disposable in whole or in part. The defendant shall react promptly,
in any event within 45 days. No extension may be granted on account of
distance.

3.	(...)

4.	If the court rejects the application for a review referred to in
paragraph 1 on the basis that none of the grounds for a review set out
in that paragraph apply, the decision shall remain in force.

If the court decides that a review is justified for one of the reasons
laid down in paragraph 1, the decision shall be null and void. However,
the creditor shall not lose the benefits of the interruption of
prescription or limitation periods, or the right to claim retroactive
maintenance acquired in the initial proceedings.

Article 26-4

Documents for the purposes of enforcement

1.	For the purposes of enforcement of a decision in another Member
State, the claimant shall provide the competent enforcement authorities
with:

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

(b)	the extract from the decision issued by the competent authority of
the Member State of origin using the form set out in Annex I;

(ba)	where appropriate, a document showing the amount of any arrears and
the date such amount was calculated;

(c)	where necessary, a transliteration or a translation of the content
of the form referred to in point (b) into the official language of the
Member State of enforcement or, where there are several official
languages in that Member State, into the official language or one of the
official languages of court proceedings of the place where the
application is made, in accordance with the law of that Member State, or
into another language that the Member State concerned has indicated it
can accept. Each Member State may indicate the official language or
languages of the institutions of the European Union other than its own
which it can accept for the completion of the form.

(d)	(...)

2.	The competent authorities of the Member State of enforcement may not
require the claimant to provide a translation of the decision. However,
a translation may be required if the enforcement of the decision is
challenged.

3.	Any translation under this Article must be done by a person qualified
to do translations in one of the Member States.

Article 26-5

Refusal or suspension of enforcement

0.	The grounds of refusal or suspension of enforcement under the law of
the Member State of enforcement shall apply insofar as they are not
incompatible with the application of paragraphs 1 and 2.

1.	The competent authority in the Member State of enforcement shall, on
application by the debtor, refuse, either wholly or in part, the
enforcement of the decision of the court of origin if the right to
enforce the decision of the court of origin is extinguished by the
effect of prescription or the limitation of action, either under the law
of the Member State of origin or under the law of the Member State of
enforcement, whichever provides for the longer limitation period.

Furthermore, the competent authority in the Member State of enforcement
may, on application by the debtor, refuse, either wholly or in part, the
enforcement of the decision of the court of origin if it is
irreconcilable with a decision given in the Member State of enforcement
or with a decision given in another Member State or in a third State
which fulfils the conditions necessary for its recognition in the Member
State of enforcement.

A decision which has the effect of modifying an earlier decision on
maintenance on the basis of changed circumstances shall not be
considered an irreconcilable decision within the meaning of the second
subparagraph.

2.	The competent authority in the Member State of enforcement may, on
application by the debtor, suspend, either wholly or in part, the
enforcement of the decision of the court of origin if the competent
court of the Member State of origin has been seised of an application
for a review of the decision of the court of origin pursuant to
Article 26-3.

Furthermore, the competent authority of the Member State of enforcement
shall, on application by the debtor, suspend the enforcement of the
decision of the court of origin where the enforceability of that
decision is suspended in the Member State of origin.



Article 26-5a

(Article 26-2 in 13024/08)

No effect on the existence of family relationships

The recognition and enforcement of a decision on maintenance under this
Regulation shall not in any way imply the recognition of the family
relationship, parentage, marriage or affinity underlying the maintenance
obligation which gave rise to the decision.

Section 2

Decisions given in a Member State

 not bound by the 2007 Hague Protocol

Article 26-6

(Brussels I, Article 33 mutatis mutandis) 

Recognition

1.	A decision given in a Member State not bound by the 2007 Hague
Protocol shall be recognised in the other Member States without any
special procedure being required.

2.	Any interested party who raises the recognition of a decision as the
principal issue in a dispute may, in accordance with the procedures
provided for in this Section, apply for a decision that the decision be
recognised.

3.	If the outcome of proceedings in a court of a Member State depends on
the determination of an incidental question of recognition, that court
shall have jurisdiction over that question.



Article 26-7

(Brussels I, Article 34 and Article 35(3) mutatis mutandis)

Ground of refusal of recognition 

A decision shall not be recognised:

(a)	if such recognition is manifestly contrary to public policy in the
Member State in which recognition is sought. The test of public policy
may not be applied to the rules relating to jurisdiction;

(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 to arrange for his defence, unless the defendant failed to commence
proceedings to challenge the decision when it was possible for him to do
so;

(c)	if it is irreconcilable with a decision given in a dispute between
the same parties in the Member State in which recognition is sought;

(d)	if it is irreconcilable with an earlier decision given in another
Member State or in a third State in a dispute 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.

A decision which has the effect of modifying an earlier decision on
maintenance owing to changed circumstances shall not be considered an
irreconcilable decision within the meaning of points (c) and (d).



Article 26-8

(Brussels I, Article 37(2) mutatis mutandis)

Staying of recognition proceedings

A court of a Member State in which recognition is sought of a decision
given in a Member State not bound by the 2007 Hague Protocol shall stay
the proceedings if the enforceability of the decision is suspended in
the Member State of origin by reason of an appeal.

Article 26-9

(Brussels I, Article 38 mutatis mutandis)

Enforceability

A decision given in a Member State not bound by the 2007 Hague Protocol
and enforceable in that State shall be enforceable in another Member
State when, on the application of any interested party, it has been
declared enforceable there.

Article 26-10

(Brussels I, Article 39 mutatis mutandis) 

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 49b.

2.	The local jurisdiction shall be determined by reference to the place
of habitual residence of the party against whom enforcement is sought,
or to the place of enforcement.



Article 26-11

(Brussels I, Articles 40, 53 and 54 mutatis mutandis)

Procedure

1.	An application for a declaration of enforceability shall be made
using the form set out in Annex [...].

2.	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)	an extract from the decision issued by the court of origin using the
form set out in Annex Y, without prejudice to Article 26-12;

(c)	where necessary, a transliteration or a translation of the content
of the form into the official language of the Member State of
enforcement or, where there are several official languages in that
Member State, into the official language or one of the official
languages of court proceedings of the place where the application is
made, in accordance with the law of that Member State, or into another
language that the Member State concerned has indicated it can accept.
Each Member State may indicate the official language or languages of the
institutions of the European Union other than its own which it can
accept for the completion of the form.

2a.	The court or competent authority seised of the application may not
require the claimant to provide a translation of the decision. However,
a translation may be required in connection with an appeal under
Articles 26-15 or 26-16.

3.	Any translation under this Article must be done by a person qualified
to do translations in one of the Member States.



Article 26-12

(Brussels I, Article 55 mutatis mutandis) 

Non-production of the extract

1.	If the extract referred to in Article 26-11(2)(b) is not produced,
the court 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.	In the case referred to in paragraph 1, if the court 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.

Article 26-13

(Brussels I, Article 41 mutatis mutandis) 

Declaration of enforceability

The decision shall be declared enforceable immediately on completion of
the formalities in Article 26-11 and at the latest within 30 days,
without any review under Article 26-7. The party against whom
enforcement is sought shall not at this stage of the proceedings be
entitled to make any submissions on the application.

Article 26-14

(Brussels I, Article 42 mutatis mutandis) 

Notice of the decision on the application

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.

Article 26-15

(Brussels I, Article 43 mutatis mutandis) 

Appeal against the decision on the application

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 notified by the Member
State concerned to the Commission in accordance with Article 49b.

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 6-3 shall apply even where the party against
whom enforcement is sought is not habitually resident 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 has his habitual residence in a Member State other than that
in which the declaration of enforceability was given, the time for
appealing shall be 45 days and shall run from the date of service,
either on him in person or at his residence. No extension may be granted
on account of distance.



Article 26-16

(Brussels I, Article 44 mutatis mutandis) 

Proceedings to contest the decision given on appeal

The decision given on appeal may be contested only by the procedure
notified by the Member State concerned to the Commission in accordance
with Article 49b.

Article 26-17

(Brussels I, Article 45 mutatis mutandis) 

Refusal or revocation of a declaration of enforceability

1.	The court with which an appeal is lodged under Articles 26-15 or
26-16 shall refuse or revoke a declaration of enforceability only on one
of the grounds specified in Article 26-7. 

2.	Subject to Article 26-15(4), the court seised of an appeal under
Article 26-15 shall give its decision within 90 days from the date it
was seised, except where exceptional circumstances make this impossible.
The court seised of an appeal under Article 26-16 shall give its
decision without delay.

Article 26-18

(Brussels I, Article 46 mutatis mutandis) 

Staying of proceedings

The court with which an appeal is lodged under Articles 26-15 or 26-16
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. 



Article 26-19

(Brussels I, Article 47 mutatis mutandis) 

Provisional, including protective measures

1.	When a decision must be recognised in accordance with this Section,
nothing shall prevent the applicant from availing himself of
provisional, including protective, measures in accordance with the law
of the Member State of enforcement without a declaration of
enforceability under Article 26-13 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 26-15(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.

Article 26-20

(Brussels I, Article 48 mutatis mutandis) 

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
shall give it for one or more of them.

2.	An applicant may request a declaration of enforceability limited to
parts of a decision.



Article 26-21

(Brussels I, Article 52 mutatis mutandis) 

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.

Article 26-21a

Documents for the purposes of enforcement

1.	For the purposes of enforcement of a decision in another Member
State, the claimant shall provide the competent enforcement authorities
with:

(a)	the documents referred to in Article 26-11(2);

(b)	a copy of the decision declaring the decision of the court of origin
enforceable;

(c)	where appropriate, a document showing the amount of any arrears and
the date such amount was calculated.

2.	The competent authorities of the Member State of enforcement may not
require the claimant to provide a translation of the decision of the
court of origin. However, a translation may be required if the
enforcement of the decision is challenged.

3.	Any translation under this Article must be done by a person qualified
to do translations in one of the Member States.



Section 3

Provisions common to all decisions

Article 26-21b

(Article 26 in 13024/08)

Provisional enforceability

The court of origin may declare the decision provisionally enforceable,
notwithstanding any appeal, even if national law does not provide for
enforceability by operation of law.

Article 26-22

Invoking a recognised decision

1.	A party who wishes to invoke in another Member State a decision
recognised within the meaning of Article 25(1) or recognised pursuant to
Section 2 shall produce a copy of the decision which satisfies the
conditions necessary to establish its authenticity.

2.	If necessary, the court before which the recognised decision is
invoked may ask the party invoking the recognised decision to produce an
extract issued by the court of origin using the form set out in Annex I
or in Annex Y, as the case may be.

	The court of origin shall issue such an extract also at the request of
any interested party.



Where necessary, the party invoking the recognised decision shall
provide a transliteration or a translation of the content of the form
referred to in paragraph 2 into the official language of the Member
State concerned or, where there are several official languages in that
Member State, into the official language or one of the official
languages of court proceedings of the place where the recognised
decision is invoked, in accordance with the law of that Member State, or
into another language that the Member State concerned has indicated it
can accept. Each Member State may indicate the official language or
languages of the institutions of the European Union other than its own
which it can accept for the completion of the form.

4.	Any translation under this Article must be done by a person qualified
to do translations in one of the Member States.

Article 26-23

Enforcement proceedings and conditions for enforcement

1.	Subject to the provisions of this Regulation, the procedure for the
enforcement of decisions given in another Member State (...) shall be
governed by the law of the Member State of enforcement. A decision given
in a Member State which is enforceable in the Member State of
enforcement shall be enforced under the same conditions as a decision
given in that Member State of enforcement.

2.	The party seeking the enforcement of a decision given in another
Member State shall not be required to have a postal address or an
authorised representative in the Member State of enforcement, without
prejudice to persons with competence in matters relating to enforcement
proceedings. 

Article 26-24

(former Article 32)

No review as to the substance of a decision

Under no circumstances may a decision given in a Member State be
reviewed as to its substance in the Member State in which recognition,
enforceability or enforcement is sought.

Article 26-25

 (Hague Convention Article 43(1) mutatis mutandis)

No precedence to the recovery of costs

Recovery of any costs incurred in the application of this Regulation
shall not take precedence over the recovery of maintenance.

Chapter Va

Application for a review

(deleted and incorporated into Chapter V)

Chapter VI

Enforcement

(deleted and incorporated into Chapter V)

Article 27

Enforcement proceedings and conditions for enforcement

(moved – new Article 26-23)

Article 28

Documents

(moved to Section 1 – new Article 26-4)



Article 29

Legal aid

(moved to Article D(2) in the new Chapter VIa on Access to justice)

Article 30

Security, bond or deposit

(moved to Article A(5) in the new Chapter VIa on Access to justice)

Article 31

Legalisation or other similar formality

(moved to Chapter IX: General and final provisions as a new Article 47c)

Article 32

No review as to the substance of a decision

(moved – new Article 26-24)

Article 33

Refusal or suspension of enforcement

(moved to Section 1 – new Article 26-5)

Article 34

(deleted)

Article 35

(deleted)

Article 36

(deleted)



Chapter VIa

Access to justice

Article A

Right to legal aid

(partly Article 3 of the Legal Aid Directive, partly Hague Convention
Article 14

and partly former Article 30)

1.	Parties who are involved in a dispute covered by this Regulation
shall have effective access to justice in another Member State,
including enforcement and appeal or review procedures, in accordance
with the conditions laid down in this Chapter.

	In cases covered by Chapter VIII, effective access to justice shall be
provided by the requested Member State to any applicant who is resident
in the requesting Member State.

2.	To ensure such effective access, Member States shall provide legal
aid in accordance with this Chapter, unless paragraph 3 applies.

3.	In cases covered by Chapter VIII, a Member State shall not be
obliged to provide legal aid if and to the extent that the procedures of
that Member State enable the parties to make the case without the need
for legal aid, and the Central Authority provides such services as are
necessary free of charge.

4.	Entitlements to legal aid shall not be less than those available in
equivalent domestic cases.

5.	No security, bond or deposit, however described, shall be required to
guarantee the payment of costs and expenses in proceedings concerning
maintenance obligations.

Article B

Content of legal aid

(Legal Aid Directive Article 3(2) and Article 7 and Hague Convention
Article 3(c))

1.	Legal aid granted under this Chapter shall mean the assistance
necessary to enable parties to know and assert their rights and to
ensure that their applications, lodged through the Central Authorities
or directly with the competent authorities, are fully and effectively
dealt with. It shall cover as necessary the following:

(a)	pre-litigation advice with a view to reaching a settlement prior to
bringing legal proceedings;

(b)	legal assistance in bringing a case before an authority or a court
and representation in court; 

(c)	exemption from or assistance with the costs of proceedings and the
fees to persons mandated to perform acts during the proceedings;

(d)	in Member States in which an unsuccessful party is liable for the
costs of the opposing party, if the recipient of legal aid loses the
case, the costs incurred by the opposing party, if such costs would have
been covered had the recipient been habitually resident in the Member
State of the court seised; 

(e)	interpretation;

(f)	translation of the documents required by the court or by the
competent authority and presented by the recipient of legal aid which
are necessary for the resolution of the case; 

(g)	travel costs to be borne by the recipient of legal aid where the
physical presence of the persons involved in the presentation of the
recipient's case is required in court by the law or by the court of the
Member State concerned and the court decides that the persons concerned
cannot be heard to the satisfaction of the court by any other means.

Article C

Free legal aid for applications through Central Authorities concerning
maintenance to children

(Hague Convention Article 15 and Legal Aid Directive Article 3(5))

1.	The requested Member State shall provide free legal aid in respect of
all applications by a creditor under Article 42b concerning maintenance
obligations arising from a parent-child relationship towards a person
under the age of 21.

2.	Notwithstanding paragraph 1, the competent authority of the requested
Member State may, in relation to applications other than those under
Article 42b(1)(a-0) and (a), refuse free legal aid if it considers
that, on the merits, the application or any appeal or review is
manifestly unfounded.



Article D

Cases not covered by Article C

(Hague Convention Article 17 and former Article 29)

1.	Subject to Articles A and B, in cases not covered by Article C,
legal aid may be granted in accordance with national law, particularly
as regards the conditions for the means test or the merits test.

2.	Notwithstanding paragraph 1, a party 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
recognition, enforceability or enforcement, 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.

Chapter VII

Court settlements and authentic instruments 

Article 37

Application of this Regulation to court settlements and authentic
instruments

1.	Court settlements and authentic instruments which are enforceable in
the Member State of origin shall be recognised in another Member State
and be enforceable there in the same way as decisions, in accordance
with Chapter V.



2.	The provisions of this Regulation shall apply as necessary to court
settlements and authentic instruments.

3.	The competent authority of the Member State of origin shall issue, at
the request of any interested party, an extract from the court
settlement or the authentic instrument using the form set out in
Annex I or Annex II as the case may be.

Article 38

Enforcement, access to justice and administrative cooperation (...)

(deleted and incorporated in Article 37 as paragraphs 2 and 3)

Chapter VIII

Administrative cooperation

Article 39

(Hague Convention Article 4 and Brussels IIa Article 53, mutatis
mutandis)

Designation of Central Authorities

1.	Each Member State shall designate a Central Authority to discharge
the duties which are imposed by this Regulation on such an authority.

2.	Federal Member States, Member States with more than one system of law
or Member States having autonomous territorial units shall be free to
appoint more than one Central Authority and shall specify the
territorial or personal extent of their functions. Where a Member State
has appointed more than one Central Authority, it shall designate the
Central Authority to which any communication may be addressed for
transmission to the appropriate Central Authority within that Member
State.  If a communication is sent to a Central Authority which is not
competent, the latter shall be responsible for forwarding it to the
competent Central Authority and for informing the sender accordingly. 



3.	The designation of the Central Authority or Central Authorities,
their contact details, and where appropriate the extent of their
functions as specified in paragraph 2, shall be communicated by each
Member State to the Commission in accordance with Article 49b.

Article 40

(Hague Convention Article 5 mutatis mutandis)

General functions of Central Authorities

1.	Central Authorities shall:

(a)	cooperate with each other, including by exchanging information, and
promote cooperation amongst the competent authorities in their Member
States to achieve the purposes of this Regulation;

(b)	seek as far as possible solutions to difficulties which arise in the
application of this Regulation.

2.	Central Authorities shall (...) take measures to facilitate the
application of this Regulation and to strengthen their cooperation. For
this purpose the European Judicial Network in civil and commercial
matters established by Decision 2001/470/EC shall be used.



Article 41

(Hague Convention Article 6 mutatis mutandis)

Specific functions of Central Authorities

1.	Central Authorities shall provide assistance in relation to
applications under Article 42b and shall in particular:

(a)	transmit and receive such applications;

(b)	initiate or facilitate the institution of proceedings in respect of
such applications.

2.	In relation to such applications they shall take all appropriate
measures:

(a)	where the circumstances require, to provide or facilitate the
provision of legal aid;

(b)	to help locate the debtor or the creditor, in particular pursuant
to Articles 44, 46 and 47;

(c)	to help obtain relevant information concerning the income and, if
necessary, other financial circumstances of the debtor or creditor,
including the location of assets, in particular pursuant to Articles 44,
46 and 47;

(d)	to encourage amicable solutions with a view to obtaining voluntary
payment of maintenance, where suitable by use of mediation, conciliation
or similar processes;

(e)	to facilitate the ongoing enforcement of maintenance decisions,
including any arrears;

(f)	to facilitate the collection and expeditious transfer of maintenance
payments;

(g)	to facilitate the obtaining of documentary or other evidence,
without prejudice to Regulation (EC) No 1206/2001;

(h)	to provide assistance in establishing parentage where necessary for
the recovery of maintenance;



(i)	to initiate or facilitate the institution of proceedings to obtain
any necessary provisional measures which are territorial in nature and
the purpose of which is to secure the outcome of a pending maintenance
application;

(j)	to facilitate the service of documents, without prejudice to
Regulation (EC) No 1393/2007.

3.	The functions of the Central Authority under this Article may, to the
extent permitted under the law of the Member State concerned, be
performed by public bodies, or other bodies subject to the supervision
of the competent authorities of that Member State. The designation of
any such public bodies or other bodies, as well as their contact details
and the extent of their functions, shall be communicated by each Member
State to the Commission in accordance with Article 49b.

4.	Nothing in this Article or in Article 41b shall impose an obligation
on a Central Authority to exercise powers that can be exercised only by
judicial authorities under the law of the requested Member State.

Article 41a

 (Hague Convention Article 42 mutatis mutandis)

Power of attorney

The Central Authority of the requested Member State may require a power
of attorney from the applicant only if it acts on his behalf in judicial
proceedings or before other authorities, or in order to designate a
representative so to act.



Article 41b

(Hague Convention Article 7 mutatis mutandis)

Requests for specific measures

1.	A Central Authority may make a request, supported by reasons, to
another Central Authority to take appropriate specific measures under
Article 41(2)(b), (c), (g), (h), (i) and (j) when no application under
Article 42b is pending. The requested Central Authority shall take such
measures as are appropriate if satisfied that they are necessary to
assist a potential applicant in making an application under Article 42b
or in determining whether such an application should be initiated.

1a.	Where a request under Article 41(2)(b) and (c) is made, the
requested Central Authority shall seek the information requested, if
necessary pursuant to Article 44. However, the information referred to
in Article 44(1a)(b), (c) and (d) may be sought only when the creditor
produces the decision, court settlement or authentic instrument to be
enforced, accompanied by the extract provided for in Articles 26-4,
26-11, 26-21a or 37, as the case may be.

	The requested Central Authority shall communicate the information
obtained pursuant to Article 44 to the requesting Central Authority.
This communication shall specify only the address of the potential
defendant in the requested Member State. In the case of a request with a
view to recognition, declaration of enforceability or enforcement, the
communication may also specify merely whether the debtor has income or
assets in that State.

	If the requested Central Authority is not able to provide the
information requested it shall inform the requesting Central Authority
without delay and specify the grounds for this impossibility.



2.	A Central Authority may also take specific measures at the request of
another Central Authority in relation to a case having an international
element concerning the recovery of maintenance pending in the requesting
Member State.

2a.	For requests under this Article, the Central Authorities shall use
the form set out in Annex V.

Article 42

(Hague Convention Article 8 mutatis mutandis)

Central Authority costs

1.	Each Central Authority shall bear its own costs in applying this
Regulation.

2.	Central Authorities may not impose any charge on an applicant for the
provision of their services under this Regulation save for exceptional
costs arising from a request for a specific measure under Article 41b.

	For the purposes of this paragraph, costs relating to locating the
debtor shall not be regarded as exceptional.

3.	The requested Central Authority may not recover the costs of the
services referred to in paragraph 2 without the prior consent of the
applicant to the provision of those services at such cost.



Article 42a

(Hague Convention Article 9 mutatis mutandis)

Application through Central Authorities

An application under this Chapter shall be made through the Central
Authority of the Member State in which the applicant resides to the
Central Authority of the requested Member State. 

Article 42b

(Hague Convention Article 10 mutatis mutandis)

Available applications

1.	A creditor seeking to recover maintenance under this Regulation may
make applications for the following:

	(a-0)	recognition or recognition and declaration of enforceability of a
decision;

	(a)	enforcement of a decision given or recognised in the requested
Member State;

	(b)	establishment of a decision in the requested Member State where
there is no existing decision, including where necessary the
establishment of parentage;

	(c)	establishment of a decision in the requested Member State where the
recognition and declaration of enforceability of a decision given in a
State other than the requested Member State is not possible;

	(d)	modification of a decision given in the requested Member State;

	(e)	modification of a decision given in a State other than the
requested Member State.



2.	A debtor against whom there is an existing maintenance decision may
make applications for the following:

(a-0)	recognition of a decision leading to the suspension, or limiting
the enforcement, of a previous decision in the requested Member State; 

(a)	modification of a decision given in the requested Member State;

(b)	modification of a decision given in a State other than the requested
Member State.

2a.	For applications under this Article, the assistance and
representation referred to in Article B(1)(b) shall be provided by the
Central Authority of the requested Member State directly or through
public authorities or other bodies or persons.

3.	Save as otherwise provided in this Regulation, the applications
referred to in paragraphs 1 and 2 shall be determined under the law of
the requested Member State and shall be subject to the rules of
jurisdiction applicable in that Member State.

Article 42c

(Hague Convention Article 11 mutatis mutandis)

Application contents

0.	An application under Article 42b shall be made using the form set out
in Annex VI.

1.	An application under Article 42b shall as a minimum include:

(a)	a statement of the nature of the application or applications;

(b)	the name and contact details, including the address, and date of
birth of the applicant;



(c)	the name and, if known, address and date of birth of the defendant;

(d)	the name and the date of birth of any person for whom maintenance is
sought;

(e)	the grounds upon which the application is based;

(f)	in an application by a creditor, information concerning where the
maintenance payment should be sent or electronically transmitted;

(g)	the name and contact details of the person or unit from the Central
Authority of the requesting Member State responsible for processing the
application.

1a.	For the purposes of paragraph 1(b), the applicant's personal
address may be replaced by another address in cases of family violence,
if the national law of the requested Member State does not require the
applicant to supply his or her personal address for the purposes of
proceedings to be brought.

2.	As appropriate, and to the extent known, the application shall in
addition in particular include:

(a)	the financial circumstances of the creditor;

(b)	the financial circumstances of the debtor, including the name and
address of the employer of the debtor and the nature and location of the
assets of the debtor;

(c)	any other information that may assist with the location of the
defendant.

3.	The application shall be accompanied by any necessary supporting
information or documentation including, where appropriate, documentation
concerning the entitlement of the applicant to legal aid. Applications
under Article 42b(1)(a-0) and (a) and (2)(a-0) shall be accompanied, as
appropriate, only by the documents listed in Articles 26-4, 26-11,
26-21a or 37 or in Article 25 of the 2007 Hague Convention.



Article 42d

(Hague Convention Article 12 mutatis mutandis)

	Transmission, receipt and processing of applications and cases through
Central Authorities

1.	The Central Authority of the requesting Member State shall assist the
applicant in ensuring that the application is accompanied by all the
information and documents known by it to be necessary for consideration
of the application.

2.	The Central Authority of the requesting Member State shall, when
satisfied that the application complies with the requirements of this
Regulation, transmit the application to the Central Authority of the
requested Member State. 

3.	The requested Central Authority shall, within 30 days from the date
of receipt of the application, acknowledge receipt using the form set
out in Appendix 1 to Annex VI, and inform the Central Authority of the
requesting Member State what initial steps have been or will be taken to
deal with the application, and may request any further necessary
documents and information. Within the same 30-day period, the requested
Central Authority shall provide to the requesting Central Authority the
name and contact details of the person or unit responsible for
responding to inquiries regarding the progress of the application.

4.	Within 60 days from the date of acknowledgement, the requested
Central Authority shall inform the requesting Central Authority of the
status of the application using the form set out in Annex VIII.



5.	Requesting and requested Central Authorities shall keep each other
informed of:

(a)	the person or unit responsible for a particular case;

(b)	the progress of the case

and shall provide timely responses to enquiries.

6.	Central Authorities shall process a case as quickly as a proper
consideration of the issues will allow.

7.	Central Authorities shall employ the most rapid and efficient means
of communication at their disposal.

8.	A requested Central Authority may refuse to process an application
only if it is manifest that the requirements of this Regulation are not
fulfilled. In such case, that Central Authority shall promptly inform
the requesting Central Authority of its reasons for refusal using the
form set out in Annex VII.

9.	The requested Central Authority may not reject an application solely
on the basis that additional documents or information are needed.
However, the requested Central Authority may ask the requesting Central
Authority to provide these additional documents or this information. If
the requesting Central Authority does not do so within 90 days or a
longer period specified by the requested Central Authority, the
requested Central Authority may decide that it will no longer process
the application. In this case, it shall promptly notify the requesting
Central Authority of its refusal using the form set out in Annex VII.

Article 42e

Means of communication

(deleted)



Article 42f

Languages

1.	The request or application form shall be completed in the official
language of the requested Member State or, if there are several official
languages in that Member State, in the official language or one of the
official languages of the place of the Central Authority concerned, or
in any other official language of the institutions of the
European Union which that Member State has indicated it can accept,
unless the Central Authority of that Member State dispenses with
translation. 

1a.	The documents accompanying the request or application form shall not
be translated into the language determined in accordance with
paragraph 1 unless a translation is necessary in order to provide the
assistance requested, without prejudice to Articles 26-4, 26-11,
26-21a, 26-22 and 47c-0. 

2.	Any other communication between Central Authorities shall be in the
language determined in accordance with paragraph 1 unless the Central
Authorities agree otherwise.

3.	(moved to Chapter IX – see Article 47c-0)

Article 43

Meetings

1.	In order to facilitate the application of this Regulation, Central
Authorities shall meet regularly. 

2.	These meetings shall be convened in compliance with
Decision 2001/470/EC. 



Article 44

Access to information for Central Authorities

1.	Under the conditions laid down in this Chapter and by way of
exception to Article 41(4), the requested Central Authority shall use
all appropriate and reasonable means to obtain the information referred
to in paragraph 1a necessary to facilitate, in a given case, the
establishment, the modification, the recognition, the declaration of
enforceability or the enforcement of a decision.

	Public authorities or administrations as well as private persons
authorised by the law of the requested Member State, which hold, within
that State, the information referred to in paragraph 1a and which
control the processing thereof shall provide the information to the
requested Central Authority at its request where the requested Central
Authority does not have direct access to it.

	The requested Central Authority shall, as necessary, transmit that
information to the requesting Central Authority. 

1a.	That information shall be the information already held by the
authorities, administrations or persons referred to in the second
subparagraph of paragraph 1.  It must be adequate, relevant and not
excessive and shall relate to: 

(a)	the address of the debtor or of the creditor;

(b)	the debtor’s income; 

(c)	the identification of the debtor’s employer and/or of the debtor's
bank account(s); 

(d)	the debtor's assets.

For the purpose of obtaining or modifying a decision, only the
information listed in point (a) may be requested by the requested
Central Authority.



For the purpose of having a decision recognised, declared enforceable or
enforced, all the information listed in the first subparagraph may be
requested by the requested Central Authority. However, the information
listed in point (d) may be requested only if the information listed in
points (b) and (c) is insufficient to allow enforcement of the
decision.

2.	(deleted)

3.	(deleted)

Article 45

Transmission of information

(deleted)

Article 46

Transmission and use of information

1.	(...)

1a.	The Central Authorities shall, within their Member State, transmit
the information referred to in Article 44(1a) to the competent courts,
the competent authorities responsible for service of documents and the
competent authorities responsible for enforcement of a decision, as the
case may be.

2.	Any authority or court to which information has been transmitted
pursuant to Article 44 may use this only (...) to facilitate the
recovery of maintenance claims. (…)

	Except for information merely indicating the existence of an address,
income or assets in the requested Member State, the information referred
to in Article 44(1a) may not be disclosed to the person having applied
to the requesting Central Authority, subject to the application of
procedural rules before a court.

3.	Any authority processing information transmitted to it pursuant to
Article 44 may not store such information beyond the period necessary
for the purposes for which it was transmitted. (...)

4.	Any authority processing information communicated to it pursuant to
Article 44 shall ensure the confidentiality of such information, in
accordance with its national law.

Article 47

Notification of the data subject

1.	Notification of the data subject of the communication of all or part
of the information collected on him shall take place in accordance with
the national law of the requested Member State.

2.	Where there is a risk that it may prejudice the effective recovery of
the maintenance claim, such notification may be deferred for a period
which shall not exceed 90 days from the date on which the information
was provided to the requested Central Authority.



Chapter VIIIa

Public bodies

Article 47b

(Hague Convention Article 36 mutatis mutandis)

Public bodies as applicants

1.	For the purposes of an application for recognition and declaration of
enforceability of decisions or for the purposes of enforcement of
decisions, the term "creditor" shall include a public body acting in
place of an individual to whom maintenance is owed or one to which
reimbursement is owed for benefits provided in place of maintenance.

2.	The right of a public body to act in place of an individual to whom
maintenance is owed or to seek reimbursement of benefits provided to the
creditor in place of maintenance shall be governed by the law to which
the body is subject.

3.	A public body may seek recognition and a declaration of
enforceability or claim enforcement of:

(a)	a decision given against a debtor on the application of a public
body which claims payment of benefits provided in place of maintenance;

(b)	a decision given between a creditor and a debtor to the extent of
the benefits provided to the creditor in place of maintenance.

4.	The public body seeking recognition and a declaration of
enforceability or claiming enforcement of a decision shall upon request
provide any document necessary to establish its right under paragraph 2
and to establish that benefits have been provided to the creditor.



Chapter IX

General and final provisions

Article 47c

(former Article 31)

Legalisation or other similar formality

No legalisation or other similar formality shall be required in the
context of this Regulation.

Article 47c-0

(former Article 42g(3))

Translation of supporting documents

Without prejudice to Articles 26-4, 26-11, 26-21a and 26-22, the court
seised may require the parties to provide a translation of supporting
documents which are not in the language of proceedings only if it deems
a translation necessary in order to give a decision or to respect the
rights of the defence.

Article 47d

(former Article C(3))

Recovery of costs

Without prejudice to Article 42, the competent authority of the
requested Member State may recover costs from an unsuccessful party
having received free legal aid pursuant to Article C, on an exceptional
basis and if his financial circumstances so allow.



Article 48

Relations with other Community instruments

1.	Subject to Article 52(1a), this Regulation shall modify Regulation
(EC) No 44/2001 by replacing the provisions of that Regulation
applicable to matters relating to maintenance obligations.

1a.	In matters relating to maintenance obligations, this Regulation
shall be without prejudice to the application of Directive 2003/8/EC,
subject to Chapter VIa.

1b.	This Regulation shall be without prejudice to the application of
Directive 95/46/EC.

2.	(...)

3.	(...)

Article 49

Relations with existing international conventions and agreements

0.	This Regulation shall not affect the application of bilateral or
multilateral conventions and agreements to which one or more Member
States are party at the time of adoption of this Regulation and which
concern matters governed by this Regulation, without prejudice to the
obligations of Member States under Article 307 of the Treaty.

1.	However, without prejudice to paragraph 2, this Regulation shall, in
relations between Member States, take precedence over the conventions
and agreements which concern matters governed by this Regulation and to
which Member States are party.



2.	This Regulation shall not preclude the application of the Convention
of 23 March 1962 between Sweden, Denmark, Finland, Iceland and Norway
on the recovery of maintenance by the Member States which are party
thereto, since, with regard to the recognition, enforceability and
enforcement of decisions, that Convention provides for:

(a)	simplified and more expeditious procedures for the enforcement of
decisions relating to maintenance obligations, and 

(b)	legal aid which is more favourable than that provided for in Chapter
VIa of this Regulation.

However, the application of the said Convention may not have the effect
of depriving the defendant of his protection under Articles 26-3 and
26-5 of this Regulation.

Article 49a

Information relating to national laws and procedures, to the obligations
of Central Authorities and to effective access to justice

(modelled on Article 28 of Regulation (EC) No 1896/2006 )

The Member States shall provide within the framework of the European
Judicial Network in civil and commercial matters established by
Decision 2001/470/EC the following information with a view to making it
available to the public:

(a)	a description of the national laws and procedures concerning
maintenance obligations;

(b)	a description of the measures taken to meet the obligations under
Article 41;

(c)	a description of how effective access to justice is guaranteed, as
required under Article A, and



(d)	a description of national enforcement rules and procedures,
including information on any limitations on enforcement, in particular
debtor protection rules and limitation or prescription periods.

Member States shall keep this information permanently updated.

Article 49b

Information on contact details and languages

(modelled on Article 25 of Regulation (EC) No 861/2007)

1.	By [...] the Member States shall communicate to the Commission: 

(a-0)	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 26-10(1) and with appeals against decisions
on such applications in accordance with Article 26-15(2);

(a-1)	the redress procedures referred to in Article 26-16;

(a-2)	the review procedure for the purposes of Article 26-3 and the
names and contact details of the courts having jurisdiction;

(a)	the names and contact details of their Central Authorities and,
where appropriate, the extent of their functions, in accordance with
Article 39(3);

(b)	the names and contact details of the public bodies or other bodies
and, where appropriate, the extent of their functions, in accordance
with Article 41(3);

(c)	the names and contact details of the authorities with competence in
matters of enforcement for the purposes of Article 26-5;

(d)	the languages accepted for translations of the documents referred to
in Articles 26-4, 26-11 and 26-22;

(e)	the languages accepted by their Central Authorities for
communication with other Central Authorities referred to in
Article 42f. 



The Member States shall apprise the Commission of any subsequent changes
to this information.

2.	The Commission shall publish the information communicated in
accordance with paragraph 1 in the Official Journal of the European
Union, with the exception of the addresses and other contact details of
the courts and authorities referred to in points (a-0), (a-2) and (c).

3.	The Commission shall make all information communicated in accordance
with paragraph 1 publicly available through any other appropriate
means, in particular through the European Judicial Network in civil and
commercial matters established by Decision 2001/470/EC.

Article 50

Amendments to the forms

Any amendment to the forms provided for in this Regulation shall be
adopted in accordance with the advisory procedure referred to in
Article 51(2).

Article 51

Committee

1.	The Commission shall be assisted by the committee established by
Article 70 of Regulation (EC) No 2201/2003 (...). 

1a.	Where reference is made to this paragraph, Articles 4 and 7 of
Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC shall
be set at three months.

2.	Where reference is made to this paragraph, Articles 3 and 7 of
Decision 1999/468/EC shall apply (…). 



Article 51a

Review clause

By [...] at the latest, the Commission shall submit to the European
Parliament, the Council and the European Economic and Social Committee a
report on the application of this Regulation, including an evaluation of
the practical experiences relating to the administrative cooperation
between Central Authorities and an evaluation of the functioning of the
procedure for recognition, declaration of enforceability and enforcement
applicable to decisions given in a Member State not bound by the 2007
Hague Protocol. If necessary the report shall be accompanied by
proposals for adaptation.

Article 52

Transitional provisions

1.	This Regulation shall apply only to proceedings instituted, to court
settlements approved or concluded, and to authentic instruments formally
drawn up or registered after its date of application, subject to
paragraphs 1a and 2. 

1a.	Sections 2 and 3 of Chapter V shall apply to decisions given, to
court settlements approved or concluded, and to authentic instruments
formally drawn up or registered before the date of application of this
Regulation.

2.	Chapter VIII on administrative cooperation shall apply to requests
and applications received by the Central Authority as from the date of
application of this Regulation.



Article 53

Entry into force

This Regulation shall enter into force on [....].

Articles [...] shall apply from the date of entry into force.

This Regulation shall apply in its entirety from [...], subject to the
2007 Hague Protocol being applicable in the Community by that date.
Failing that, this Regulation shall apply from the date of application
of that Protocol in the Community.

This Regulation shall be binding in its entirety and directly applicable
in the Member States in accordance with the Treaty establishing the
European Community.

Done at Brussels, 

	For the Council

	The President

				

ANNEXES

(The forms are not part of the political agreement)

				

	Opinion given on 13 December 2007 (not yet published in the OJ).

	OJ C 185, 8.8.2006, p. 35.

	OJ C 242, 7.10.2006, p. 20.

	Note to translators: see Article 24(1) of Regulation (EC)
No 805/2004.

	Note to translators: see Article 24 of Regulation (EC) No 44/2001.

	Note to translators: see Article 30 of Regulation (EC) No 44/2001.

	Note to translators: see Article 27 of Regulation (EC) No 44/2001.

	Note to translators: see Article 28 of Regulation (EC) No 44/2001.

	Note to translators: see Article 31 of Regulation (EC) No 44/2001.

	Note to translators: see Article 34(2) of Regulation (EC) No 44/2001.

	Note to translators: see Article 20(3) of Regulation (EC) No 1896/2006
and Article 18(2) of Regulation (EC) No 861/2007. 

	Note to translators: see Article 54 of Regulation (EC) No 2201/2003.

	Note for the translators: see Article 58 of Regulation (EC)
No 2201/2003.

	Note to translators: see Article 28 of Regulation (EC) No 864/2007.

	The Presidency suggests setting a deadline of 5 years from the date of
application of this Regulation.

	To be determined later. The Member States should be given enough time
to set up the Central Authorities. 

	The Presidency suggests 30 months from the date of adoption of the
Regulation.

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	DG H 2A	 LIMITE EN