Proposal for a Council Regulation (EC) on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for joint children
31. 8. 1999 EN Official Journal of the European Communities C 247 E/1 II (Preparatory Acts) COMMISSION Proposal for a Council Regulation (EC) on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for joint children (1999/C 247 E/01) COM(1999) 220 final - 1999/0110(CNS) (Submitted by the Commission on 26 May 1999) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular point (c) of Article 61 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament, Having regard to the opinion of Committee, the Economic and Social better achieved by the Community; whereas this Regu- lation confines itself to the minimum required in order to achieve those objectives and does not go beyond what is necessary for that purpose; and recommended it (6) Whereas the Council, by act dated 28 May 1998 (1), concluded a convention on jurisdiction and the recog- judgments in matrimonial nition and enforcement of matters adoption by the Member States in accordance with their respective consti- tutional requirements; whereas continuity in the results of the negotiations for conclusion of the convention should be ensured; whereas the content of this Regulation is substantially taken over from it; for (1) Whereas the Member States have set themselves the objective of maintaining and developing the Union as in which the an area of freedom, security and justice, to free movement of persons establish such an area the Community is to adopt, among others, the measures relating to judicial coop- eration in civil matters needed for the sound operation of the internal market; assured; whereas is (2) Whereas the sound operation of the internal market the need to improve and expedite the free entails movement of judgments in civil matters; (3) Whereas this is a subject now falling within the ambit of Article 65 of the Treaty; (4) Whereas differences between national rules governing jurisdiction and enforcement hamper the free movement the internal of persons and the sound operation of market; whereas for are there enacting provisions to unify the rules of conflict of juris- diction in matrimonial matters and in matters of parental responsibility so as to simplify the formalities for rapid and automatic recognition and enforcement of judgments; accordingly grounds (5) Whereas, in accordance with the principles of subsidiarity and proportionality as set out in Article 5 of the Treaty, the objectives of this Regulation cannot be sufficiently achieved by the Member States and can therefore be (7) Whereas, in order to attain the objective of is necessary and appropriate that free movement of judgments in matrimonial matters and in matters of parental responsibility within the Community, it the cross-border recognition of jurisdiction and judgments in relation to the dissolution of matrimonial ties and to responsibility for the children of both spouses be governed by a mandatory, and directly applicable, Community legal instrument; (8) Whereas the scope of this Regulation should include civil proceedings and other non-judicial proceedings occurring in matrimonial matters in certain States, and excludes purely religious procedures; whereas it should therefore be provided that the reference to ácourtsí includes all the judicial or otherwise, with jurisdiction in authorities, matrimonial matters; (9) Whereas be should confined this Regulation to proceedings relating to the dissolution or annulment of matrimonial ties as such; whereas the recognition of divorce and annulment rulings affects only the dissolution of matrimonial ties; whereas, despite the fact that they may be interrelated, the Regulation does not affect issues such as the fault of the spouses, property conse- quences of the marriage, the maintenance obligation or any other ancillary measures; (1) OJ C 221, 16. 7. 1998, p. 1. C 247 E/2 EN Official Journal of the European Communities 31. 8. 1999 (10) Whereas the Regulation covers parental responsibility issues that are closely linked to proceedings for divorce, separation or annulment; whereas the concept of áparental responsibilityí has to be defined by the legal system of the Member under consideration, but it will apply only to children of both spouses; responsibility in which State is (11) Whereas the grounds for jurisdiction accepted in this Regulation are based on the rule that there must be a link between the party concerned and the Member real the decision to State exercising jurisdiction; whereas include certain grounds corresponds to the fact that legal systems and are they exist accepted by the other Member States; in different national (12) Whereas one of the risks to be considered in relation to the protection of the children of both spouses in a marital crisis is that one of the parents will move the child inter- nationally; whereas is accordingly maintained as the criterion for jurisdiction in cases where, because the child has been moved or has not been returned without lawful reason, there has been a de facto change in the habitual residence; lawful habitual residence the (13) Whereas the word ájudgmentí refers only to positive decisions, that is to say those that lead to divorce, legal separation or marriage those documents which have been formally drawn up or registered as authentic instruments and are enforceable in one Member State are treated as equivalent to such ájudgmentsí; annulment; whereas (14) Whereas the recognition and enforcement of judgments given in a Member State are based on the principle of mutual trust; whereas the grounds for non-recognition are kept to the minimum required; whereas, nonetheless, means of redress should be available in order to ensure observance of public policy in the State addressed and to safeguard the rights of the parties, so as to withhold recognition of irreconcilable judgments; the defence and those of (15) Whereas the State addressed should review neither the jurisdiction of the State of origin nor the findings of fact; (16) Whereas no procedures may be required for the updating of civil-status documents in one Member State where a final judgment has been given in another Member State; (17) Whereas the convention concluded by the Nordic States in 1931 should be capable of application within the limits set by this Regulation; (18) Whereas Spain, and Portugal had concluded concordats before these matters were brought within the ambit of the Treaty; whereas it is necessary to ensure that Italy States their these commitments in relation to the Holy See; breach not do international (19) Whereas the Member States should remain free to agree the themselves on practical measures among application of the Regulation so long as no Community measures have been taken to that end; for (20) Whereas the Council reserves the power to decide on changes to the list of courts enjoying jurisdiction, at the request of the relevant Member State; (21) Whereas, no later than five years after the date of the the Commission such this Regulation, entry into force of must and application amendments as may appear necessary; review its propose (22) Whereas, in accordance with Articles 1 and 2 of the Protocols on the position of the United Kingdom and Ireland and on the position of Denmark, those Member States are not participating in the adoption of this Regu- lation; whereas this Regulation is accordingly not binding on the United Kingdom, Ireland or Denmark, nor is it applicable in their regard, HAS ADOPTED THIS REGULATION: CHAPTER I SCOPE Article 1 1. This Regulation shall apply to: (a) civil proceedings relating to divorce, legal separation or marriage annulment; (b) civil proceedings relating to parental responsibility for the children of both spouses on the occasion of the matri- monial proceedings referred to in (a). 2. Other proceedings officially recognised in a Member State shall be regarded as equivalent to judicial proceedings. The term ácourtí shall cover all the authorities with jurisdiction in these matters in the Member States. CHAPTER II JURISDICTION SECTION 1 GENERAL PROVISIONS Article 2 Divorce, legal separation and marriage annulment In matters relating to divorce, annulment, Member State: jurisdiction shall legal separation or marriage the lie with the courts of 31. 8. 1999 EN Official Journal of the European Communities C 247 E/3 (a) in whose territory: - the spouses are habitually resident, or Article 4 Child abduction - the spouses were last habitually resident, in so far as one of them still resides there, or - the respondent is habitually resident, or - in the event of a joint application, either of the spouses is habitually resident, or - the applicant is habitually resident if he or she resided immediately before the least a year there for at application was made, or - the applicant is habitually resident if he or she resided there for at least six months immediately before the application was made and is a national of the Member State in question; (b) of nationality of both spouses. Article 3 Parental responsibility 1. The courts of a Member State exercising jurisdiction by virtue of Article 2 on an application for divorce, legal sepa- ration or marriage annulment shall have jurisdiction in a matter relating to parental responsibility over a child of both spouses where the child is habitually resident in that Member State. 2. Where the child is not habitually resident in the Member State referred to in paragraph 1, the courts of that State shall have jurisdiction in such a matter if the child is habitually resident in one of the Member States and: (a) at least one of the spouses has parental responsibility in relation to the child, and (b) the jurisdiction of the courts has been accepted by the spouses and is in the best interests of the child. The jurisdiction conferred by paragraphs 1 and 2 shall 3. cease as soon as: (a) the judgment allowing or legal refusing the application for separation or marriage annulment has divorce, become final, or The courts with jurisdiction within the meaning of Article 3 shall exercise their jurisdiction in conformity with the Hague Convention of 25 October 1980 on the civil aspects of inter- national child abduction, and in particular Articles 3 and 16 thereof. Article 5 Counterclaim The court in which proceedings are pending on the basis of Articles 2 to 4 shall also have jurisdiction to examine a counterclaim, in so far as the latter comes within the scope of this Regulation. Article 6 Conversion of legal separation into divorce Without prejudice to Article 2, a court of a Member State which has given a judgment on a legal separation shall also have jurisdiction for converting that judgment into a divorce, if the law of that Member State so provides. Article 7 Exclusive nature of jurisdiction under Articles 2 to 6 A spouse who: (a) is habitually resident in the territory of a Member State; or (b) is a national of a Member State, may be sued in another Member State only in accordance with Articles 2 to 6. Article 8 Residual jurisdiction 1. Where no court of a Member State has jurisdiction pursuant to Articles 2 to 6, jurisdiction shall be determined, in each Member State, by the laws of that State. (b) in those cases where proceedings in relation to parental responsibility are still pending on the date referred to in (a), a judgment in these proceedings has become final, or (c) the proceedings referred to in (a) and (b) have come to an end for another reason. 2. As against a respondent who is not habitually resident and is not a national of a Member State, any national of a Member State who is habitually resident within the territory of another Member State may, like the nationals of that State, avail himself of the rules of jurisdiction applicable in that State. C 247 E/4 EN Official Journal of the European Communities 31. 8. 1999 SECTION 2 EXAMINATION AS TO JURISDICTION AND ADMISSIBILITY 3. Where the jurisdiction of the court first seised is estab- lished, the court second seised shall decline jurisdiction in favour of that court. Article 9 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 and over which a court of another Member State has jurisdiction by virtue of this Regulation, it shall declare of its own motion that it has no jurisdiction. Article 10 Examination as to admissibility 1. Where a respondent does not enter an appearance, the court with jurisdiction shall stay the proceedings so long as it is not shown that the respondent has been able to receive the document 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. the proceedings or instituting The national provisions transposing the Council Directive 2. on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters shall apply in lieu of the provisions of paragraph 1 if the document commencing the action has had to be transmitted abroad pursuant to that Directive. Until the national provisions transposing that Directive enter into force, the provisions of the Convention of Hague of 15 November 1965 on the service abroad of judicial and extraju- dicial documents in civil or commercial matters shall apply if the document commencing the action has had to be trans- mitted abroad pursuant to that Convention. SECTION 3 LIS PENDENS AND DEPENDENT ACTIONS Article 11 1. Where proceedings involving the same cause of action and between the same parties are brought before courts of different Member States, the court second seised shall of its own motion stay its proceedings until such time as the juris- diction of the court first seised is established. for divorce, separation or 2. Where proceedings marriage annulment not involving the same cause of action and between the same parties are brought before courts of different Member States, the court second seised shall of its own motion stay its proceedings until such time as the juris- diction of the court first seised is established. legal In that case, the party who brought the relevant action before the court second seised may bring that action before the court first seised. SECTION 4 PROVISIONAL AND PROTECTIVE MEASURES Article 12 including protective, measures In urgent cases, the provisions of this Regulation shall not the courts of a Member State from taking such prevent provisional, in respect of persons or assets in that State as may be available under the law of that Member State, even if, under this Regulation, the court of another Member State has jurisdiction as to the substance of the matter. CHAPTER III RECOGNITION AND ENFORCEMENT Article 13 Meaning of ájudgmentí For the purposes of this Regulation, ájudgmentí means a 1. divorce, legal separation or marriage annulment pronounced by a court of a Member State, as well as a judgment relating the spouses given on the to the parental responsibility of occasion of the judgment may be called, including a decree, order or decision. such matrimonial proceedings, whatever The provisions of this chapter shall also apply to the 2. determination of the amount of costs and expenses of proceedings under this Regulation and to the enforcement of any order concerning such costs and expenses. For the purposes of implementing this Regulation, 3. documents which have been formally drawn up or registered as authentic instruments and are enforceable in one Member State and also settlements which have been approved by a court in the course of proceedings and are enforceable in the concluded shall be Member State recognised and declared enforceable under the same conditions as the judgments referred to in paragraph 1. in which they were SECTION 1 RECOGNITION Article 14 Recognition of a judgment 1. A judgment given in a Member State shall be recognised in the other Member States without any special procedure being required. 31. 8. 1999 EN Official Journal of the European Communities C 247 E/5 In particular, and without prejudice to paragraph 3, no 2. special procedure shall be required for up-dating the civil-status records of a Member State on the basis of a judgment relating to divorce, legal separation or marriage annulment given in another Member State, and against which no further appeal lies under the law of that Member State. (c) if the person in default was not duly served with the document which instituted the proceeding or with an time to enable that equivalent document in sufficient person to arrange or his or her defence unless it is determined that such person has accepted the judgment unequivocally; Any interested party may, 3. in accordance with the procedures provided for in sections 2 and 3 of this chapter, apply for a decision that the judgment be or not be recognised. (d) on the request of any person claiming that the judgment infringes his or her parental responsibility, if it was given without such person having been given an opportunity to be heard; 4. Where the recognition of a judgment is raised as an inci- dental question in a court of a Member State, that court may determine that issue. (e) if is irreconcilable with a later judgment relating to responsibility given in the Member State in it parental which recognition is sought; or Article 15 Grounds of non-recognition (f) 1. A judgment relating to a divorce, marriage annulment shall not be recognised: legal separation or (a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is sought; it if is irreconcilable with a later judgment relating to parental responsibility given in another Member State or in the non-member country of the habitual residence of fulfills the the child provided that conditions necessary for its recognition in the Member State in which recognition is sought. judgment the later (b) where it was given in default of appearance, the respondent was not duly served with the document which instituted the proceedings or with an equivalent document in sufficient time to enable the respondent to arrange for his or her defence unless it is determined that the respondent has accepted the judgment unequivocally; if Article 16 Prohibition of review of jurisdiction of court of origin The jurisdiction of the court of the Member State of origin may not be reviewed. The test of public policy referred to in Article 15(1)(a) abd (2)(a) may not be applied to the rules relating to jurisdiction set out in Articles 2 to 8. (c) if it is irreconcilable with a judgment given in proceedings between the same parties in the Member State in which recognition is sought; Article 17 Differences in applicable law (d) if it is irreconcilable with an earlier judgment given in in a non-member country another Member State or earlier same parties, provided that between the judgment fulfills the conditions necessary for its recognition in the Member State in which recognition is sought. the A judgment relating to the parental responsibility of the 2. spouses given on the occasion of matrimonial proceedings as referred to in Article 13 shall not be recognised: (a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is sought taking into account the best interests of the child; The recognition of a judgment relating to a divorce, legal separation or a marriage annulment may not be refused because the law of the Member State in which such recognition is sought would not allow divorce, legal separation or marriage annulment on the same facts. Article 18 Non-review as to substance Under no circumstances may a judgment be reviewed as to its substance. Article 19 Stay of proceedings (b) if it was given, except in case of urgency, without the child having been given an opportunity to be heard, in violation of the Member State in which recognition is sought; fundamental principles of procedure of A court of a Member State in which recognition is sought of a judgment given in another Member State may stay the proceedings if an ordinary appeal against the judgment has been lodged. C 247 E/6 EN Official Journal of the European Communities 31. 8. 1999 SECTION 2 ENFORCEMENT Article 20 Enforceable judgments A judgment on the exercise of parental responsibility in respect of a child of both parties given in a Member State and enforceable in that Member State shall be enforced in another Member State when, on the application of any interested party, it has been declared enforceable there. Article 21 Jurisdiction of local courts Article 22 Procedure for enforcement The procedure for making the application shall be in which the Member State law of 1. governed by the enforcement is sought. The applicant must give an address for service within the 2. area of jurisdiction of the court applied to. However, if the law of the Member State in which enforcement is sought does not provide for the furnishing of such an address, the applicant shall appoint a representative ad litem. The application shall be submitted to the local courts 1. having jurisdiction, as follows: The documents referred to in Article 33 and 34 shall be 3. attached to the application. - in Belgium, the Tribunal de premiŁre instanceí or the the Erstinstanzliche Rechtbank van eerste aanlegí or Gerichtí, - in the Federal Republic of Germany, the Familiengerichtí, - in Greece, the áÌïíïìåºÝò —æøôï ØŒåßïí, - in Spain, the Juzgado de Primera Instanciaí, - in France, the presiding judge of the Tribunal de grande instanceí, - in Italy, the Corte d’appelloí, - in Luxembourg, d’arrondissementí, the presiding judge of the Tribunal - in the Netherlands, the presiding judge of the áarrondis- sementsrechtbankí, - in Austria, the Bezirksgerichtí, - in Portugal, Famíliaí, the Tribunal de Comarcaí or Tribunal de - in Finland, the ákäräjäoikeus/tingsrättí, - in Sweden, the Svea hovrättí. local courts The jurisdiction of 2. in relation to an application for enforcement shall be determined by reference to the place of the habitual residence of the person against whom enforcement is sought or by reference to the place of habitual residence of any child to whom the application relates. the places Where neither of first subparagraph can be found in the Member State where enforcement local courts is determined by reference to the place of enforcement. referred to in the the jurisdiction of is sought, 3. In relation to procedures referred to in Article 14(3), the jurisdiction of local courts shall be determined by the internal law of the Member State in which proceedings for recognition or non-recognition are brought. Article 23 Decision of the court 1. The court applied to shall give its decision without delay. The person against whom enforcement is sought shall not at this the proceedings be entitled to make any submissions on the application. stage of The application may be refused only for one of 2. reasons specified in Articles 15 and 16. the Under no circumstances may a judgment be reviewed as 3. to its substance. Article 24 Notice of the decision The appropriate officer of the court shall without delay bring to the notice of the decision given on the application in accordance with the procedure laid down by the law of the Member State in which enforcement is sought. the applicant Article 25 Appeal against the enforcement decision 1. If enforcement is authorised, the person against whom enforcement is sought may appeal against the decision within one month of service thereof. If that person is habitually resident in a Member State 2. other than that in which the decision authorising enforcement was given, the time for appealing shall be two months and shall run from the date of service, either on him or at his residence. No extension of time may be granted on account of distance. 31. 8. 1999 EN Official Journal of the European Communities C 247 E/7 Article 26 Article 28 Courts of appeal and means of contest Court of appeal against a judgment refusing enforcement An appeal against the judgment authorising enforcement 1. in accordance with the rules governing shall be lodged, procedure in contradictory matters, with the courts listed below: - in Belgium, the Tribunal de premiŁre instanceí or the the Erstinstanzliche Rechtbank van eerste aanlegí or Gerichtí, If the application for enforcement is refused, the applicant 1. may appeal to the courts listed below: - in Belgium, the Tribunal de premiŁre instanceí or the the Erstinstanzliche Rechtbank van eerste aanlegí or Gerichtí, - in the Federal Republic of Germany, the Oberlandesgerichtí, - in the Federal Republic of Germany, the Oberlandesgerichtí, - in Greece, the á¯öåôåßïí, - in Spain, the Audiencia Provincialí, - in France, the Cour d’appelí, - in Italy, the Corte d’appelloí, - in Luxembourg, the Cour d’appelí, - in Greece, the á¯öåôåßïí, - in Spain, the Audiencia Provincialí, - in France, the Cour d’appelí, - in Italy, the Corte d’appelloí, - in Luxembourg, the Cour d’appelí, - in the Netherlands, the áarrondissementsrechtbankí, - in the Netherlands, the Gerechtshofí, - in Austria, the Bezirksgerichtí, - in Austria, the Bezirksgerichtí, - in Portugal, the Tribunal de Relaçªoí, - in Portugal, the Tribunal de Relaçªoí, - in Finland, the Hovioikeus/Hovrättí, - in Sweden, the Svea hovrättí. - in Finland, the Hovioikeus/Hovrättí, - in Sweden, the Svea hovrättí. 2. The judgment given on appeal may be contested only: - in Belgium, Greece, Spain, France, Italy, Luxembourg and in the Netherlands, by an appeal in cassation, - in the Federal Republic of Germany, by a Rechts- beschwerdeí, - in Austria, by a Revisionsrekursí, - in Portugal, by a árecurso restrito à matØria de direitoí, 2. The person against whom enforcement is sought shall be summoned to appear before the appellate court. If such person fails to appear, the provisions of Article 10 shall apply. Article 29 Contest of the appeal decision A judgment given on appeal provided for in Article 28 may be contested only: - in Finland, by an appeal to Korkein oikeus/högsta the Netherlands, by an appeal in cassation, - in Belgium, Greece, Spain, France, Italy, Luxembourg and in domstolení, - in Sweden, by an appeal to the Högsta domstolení. - in the Federal Republic of Germany, by a Rechts- beschwerdeí, Article 27 Stay of proceedings the appellant, is lodged may, on the The court with which the appeal application of if an ordinary appeal has been lodged against the judgment in the Member State of origin or if the time for such appeal has not yet expired. In the latter case, the court may specify the time within which an appeal is to be lodged. stay the proceedings - in Austria, by a Revisionsrekursí, - in Portugal, by a árecurso restrito à matØria de direitoí, - in Finland, by an appeal to Korkein oikeus/högsta domstolení, - in Sweden, by an appeal to the Högsta domstolení. C 247 E/8 EN Official Journal of the European Communities 31. 8. 1999 Article 30 Partial enforcement 1. Where a judgment has been given in respect of several matters and enforcement cannot be authorised for all of them, the court shall authorise enforcement for one or more of them. An applicant may request partial enforcement of a 2. judgment. Article 31 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 the procedures provided for in Articles 21 to 24, to benefit from the most favourable legal aid or the most extensive exemption from costs and expenses provided for by the law of the Member State addressed. Article 32 Security, bond or deposit No security, bond or deposit, however described, shall be required of a party who in one Member State applies for enforcement of a judgment given in another Member State on the ground that he or she is a foreign national or that he or she is not habitually resident in the Member State in which enforcement is sought. SECTION 3 COMMON PROVISIONS Article 33 Documents A party seeking or contesting recognition or applying for 1. enforcement of a judgment shall produce: (a) a copy of the judgment which satisfies the conditions necessary to establish its authenticity; (b) where appropriate, a document showing that the applicant legal aid in the Member State of origin. is in receipt of 2. In addition, in the case of a judgment given in default, the party seeking recognition or applying for enforcement shall produce: A person requiring the updating of the civil-status 3. records of a Member State, as referred to in Article 14(2), shall also produce a document indicating that the judgment is no longer subject to a further appeal under the law of the Member State where the judgment was given. Article 34 Other documents A party applying for enforcement shall produce, besides the documents referred to in Article 33, documents of whatever nature which establish that, according to the law of the Member State of origin, the judgment is enforceable and has been served. Article 35 Absence of documents If the documents specified in Article 33(1)(b) or (2) are their it considers information before it, dispense with 1. not produced, production, accept equivalent documents or, that their production. the court may specify a time for it has sufficient if 2. If the court so requires, a translation of such documents shall be furnished. The translation shall be certified by a person qualified to do so in one of the Member States. Article 36 Legalisation or other similar formality No legalisation or other similar formality shall be required in respect of the documents referred to in Articles 33, 34 and 35(2) or in respect of a document appointing a representative ad litem. CHAPTER IV TRANSITIONAL PROVISIONS Article 37 The provisions of this Regulation shall apply only to legal 1. proceedings instituted, to documents formally drawn up or registered as authentic instruments and to settlements which have been approved by a court in the course of proceedings after its entry into force. (a) the original or certified true copy of the document which establishes that the defaulting party was served with the document instituting the proceedings or with an equivalent document; or (b) any document indicating that the defendant has accepted the judgment unequivocally. 2. Judgments given after the date of entry into force of this Regulation in proceedings instituted before that date shall be recognised and enforced in accordance with the provisions of Chapter III if jurisdiction was founded on rules which accorded with those provided for either in Chapter II of this Regulation or in a convention concluded between the Member State of origin and the Member State addressed which was in force when the proceedings were instituted. 31. 8. 1999 EN Official Journal of the European Communities C 247 E/9 CHAPTER V GENERAL PROVISIONS Article 38 - the Luxembourg Convention of 8 September 1967 on the relating to the Validity of Recognition of Decisions Marriages, Relation with other Conventions - the Hague Convention of 1 June 1970 on the Recognition of Divorces and Legal Separations, 1. Subject to the provisions of Articles 37, 40 and paragraph 2 of this Article, this Regulation shall, for the Member States which are parties to it, supersede conventions existing at the time of entry into force of this Regulation which have been concluded between two or more Member States and relate to matters governed by this Regulation. 2. Finland and Sweden shall have the option of declaring that the Convention of 6 February 1931 between Denmark, Finland, Iceland, Norway and Sweden comprising international private law provisions on marriage, adoption and guardianship, together with the Final Protocol thereto, will apply, in whole or in part, in their mutual relations, in place of the rules of this Regulation. Such declarations shall be annexed to this Regu- lation and published in the Official the European Communities. They may be withdrawn, in whole or in part, at any moment by the said Member States. Journal of The principle of non-discrimination on the grounds of nationality between citizens of the Union shall be respected. jurisdiction in any future agreement The rules of to be concluded between the Member States referred to in the first subparagraph which relate to matters governed by this Regu- lation shall be in line with those laid down in this Regulation. Judgments handed down in any of the Nordic States which have made first the declaration provided for subparagraph under a forum of jurisdiction corresponding to one of those laid down in Chapter II, shall be recognised and enforced in the other Member States under the rules laid down in Chapter III thereof. in the 3. Member States shall send to the Commission: (a) a copy of the agreements and uniform laws implementing first and third referred to in the these agreements subparagraphs of paragraph 2; - the European Convention of 20 May 1980 on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children, - the Hague Convention of 19 October 1996 on Jurisdiction, applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and measures for the Protection of Children, provided that the child concerned is habitually resident in a Member State. Article 40 Extent of effects The agreements and conventions referred to in Articles 1. 38(1) and 39 shall continue to have effect in relation to matters to which this Regulation does not apply. They shall continue to have effect in respect of judgments 2. given and documents formally drawn up or registered as authentic before the entry into force of this Regulation. Article 41 Agreements between Member States 1. Two or more Member States may conclude agreements or arrangements to amplify this Regulation or to facilitate its application. Member States shall send to the Commission: (a) a copy of the draft agreements; and (b) any denunciations of, or amendments to, these agreements. (b) any denunciations of, or amendments to, those agreements or uniform laws. In no circumstances may the agreements or arrangements 2. derogate from Chapters II or III. Article 39 Relation with certain multilateral conventions In relations between the Member States which are parties to it, this Regulation shall the following conventions in so far as they concern matters governed by this Regulation: take precedence over Article 42 Treaties with the Holy See 1. This Regulation shall apply without prejudice to the Inter- national Treaty (Concordat) between the Holy See and Portugal, signed at the Vatican City on 7 May 1940. - the Hague Convention of 5 October 1961 concerning the Powers of Authorities and the Law applicable in respect of the Protection of Minors, 2. Any decision as to the invalidity of a marriage taken under the Treaty referred to in paragraph 1 shall be recognised in the Member States on the conditions laid down in Chapter III. C 247 E/10 EN Official Journal of the European Communities 31. 8. 1999 The provisions laid down in paragraphs 1 and 2 shall 3. also apply to the following International Treaties (Concordats) with the Holy See: - Concordato lateranense of 11 February 1929 between Italy and the Holy See, modified by the agreement, with additional Protocol signed in Rome on 18 February 1984, - Agreement between the Holy See and Spain on legal affairs of 3 January 1979. 4. Member States shall send to the Commission: (a) a copy of the Treaties referred to in paragraphs 1 and 3; (b) any denunciations of or amendments to those Treaties. (d) any reference to the rules of the requested Member State in which shall refer to the rules of jurisdiction, recognition or enforcement is invoked. the territorial unit CHAPTER VI FINAL PROVISIONS Article 44 Review No later than five years after the date of the entry into force of this Regulation, and every five years thereafter, the Commission shall present to the European Parliament, the Council and the Economic and Social Committee a report on the application of this Regulation, and in particular Articles 38, 41, 42 and 44 thereof. The report shall be accompanied if need be by proposals for adaptations. Article 43 Article 45 Member States with two or more legal systems With regard to a Member State in which two or more systems of law or sets of rules concerning matters governed by this Regulation apply in different territorial units: Amendment of lists of courts and redress procedures The lists of courts and redress procedures in Articles 21(1), 26(1) and (2) and 29 may be amended by decision of the Council. (a) any reference to habitual residence in that Member State shall refer to habitual residence in a territorial unit; (b) any reference to nationality shall refer to the territorial unit designated by the law of that State; (c) any reference to the authority of a Member State having received an application for divorce or legal separation or for marriage annulment shall refer to the authority of a territorial unit which has received such an application; Article 46 Entry into force This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States