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EN
Official Journal of the European Union
29.6.2013
REGULATION (EU) No 606/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 12 June 2013
on mutual recognition of protection measures in civil matters
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
(3) In
a
common
area
of
justice
without
internal
borders,
EUROPEAN UNION,
provisions to ensure rapid and simple recognition and,
where applicable, enforcement in another Member State
of protection measures ordered in a Member State are
essential to ensure that the protection afforded to a
Having regard to the Treaty on the Functioning of the European
natural person in one Member State is maintained and
Union, and in particular points (a), (e) and (f) of Article 81(2)
continued in any other Member State to which that
thereof,
person travels or moves. It is necessary to ensure that
the legitimate exercise by citizens of the Union of their
right to move and reside freely within the territory of
Member States, in accordance with Article 3(2) of the
Having regard to the proposal from the European Commission,
Treaty on European Union (TEU) and Article 21 TFEU,
does not result in a loss of that protection.
After transmission of the draft legislative act to the national
parliaments,
(4)
Mutual trust in the administration of justice in the Union
and the aim of ensuring quicker and less costly circu
lation of protection measures within the Union justify
After consulting the European Economic and Social Committee,
the principle according to which protection measures
ordered in one Member State are recognised in all
other Member States without any special procedure
being required. As a result, a protection measure
Having regard to the opinion of the Committee of the
ordered in one Member State (‘Member State of origin’)
Regions ( 1 ),
should be treated as if it had been ordered in the Member
State where its recognition is sought (‘Member State
addressed’).
Acting in accordance with the ordinary legislative procedure ( 2 ),
(5) In
order
to
attain
the
objective
of
free
movement
of
protection measures, it is necessary and appropriate
Whereas:
that the rules governing the recognition and, where
applicable, enforcement of protection measures be
governed by a legal instrument of the Union which is
binding and directly applicable.
(1)
The Union has set itself the objective of maintaining and
developing an area of freedom, security and justice in
which the free movement of persons is ensured and
access to justice is facilitated, in particular through the
(6) This
Regulation
should
apply
to
protection
measures
principle of mutual recognition of judicial and extraju
ordered with a view to protecting a person where there
dicial decisions in civil matters. For the gradual estab
exist serious grounds for considering that that person’s
lishment of such an area, the Union is to adopt
life, physical or psychological integrity, personal liberty,
measures relating to judicial cooperation in civil
security or sexual integrity is at risk, for example so as to
matters having cross-border implications, particularly
prevent any form of gender-based violence or violence in
when necessary for the proper functioning of the
close relationships such as physical violence, harassment,
internal market.
sexual aggression, stalking, intimidation or other forms
of indirect coercion. It is important to underline that this
Regulation applies to all victims, regardless of whether
they are victims of gender-based violence.
(2)
Article 81(1) of the Treaty on the Functioning of the
European Union (TFEU) provides that judicial
cooperation in civil matters having cross-border impli
cations is to be based on the principle of mutual recog
nition of judgments and of decisions in extrajudicial
(7) Directive
2012/29/EU
of
the
European
Parliament
and
of
cases.
the Council of 25 October 2012 establishing minimum

standards on the rights, support and protection of
victims of crime ( 3 ) ensures that victims of crime
( 1 ) OJ C 113, 18.4.2012, p. 56.
receive appropriate information and support.
( 2 ) Position of the European Parliament of 22 May 2013 (not yet
published in the Official Journal) and decision of the Council of
6 June 2013.
( 3 ) OJ L 315, 14.11.2012, p. 57.

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(8) This
Regulation
complements
Directive
2012/29/EU.
The
authorities be considered as issuing authorities within the
fact that a person is the object of a protection measure
meaning of this Regulation.
ordered in civil matters does not necessarily preclude that
person from being defined as a ‘victim’ under that
Directive.
(14) Based
on
the
principle
of
mutual
recognition,
protection
measures ordered in civil matters in the Member State of
origin should be recognised in the Member State
(9)
The scope of this Regulation is within the field of judicial
addressed as protection measures in civil matters in
cooperation in civil matters within the meaning of
accordance with this Regulation.
Article 81 TFEU. This Regulation applies only to
protection measures ordered in civil matters. Protection
measures adopted in criminal matters are covered by
Directive 2011/99/EU of the European Parliament and
of the Council of 13 December 2011 on the European
Protection Order ( 1 ).
(15) According
to
the
principle
of
mutual
recognition,
the
recognition corresponds to the duration of the protection
measure. However, taking into account the diversity of
protection measures under the laws of the Member
States, in particular in terms of their duration, and the
(10) The
notion
of
civil
matters
should
be
interpreted
auton
fact that this Regulation will typically apply in urgent
omously, in accordance with the principles of Union law.
situations, the effects of recognition under this Regu
The civil, administrative or criminal nature of the
lation should, by way of exception, be limited to a
authority ordering a protection measure should not be
period of 12 months from the issuing of the certificate
determinative for the purpose of assessing the civil
provided for by this Regulation, irrespective of whether
character of a protection measure.
the protection measure itself (be it provisional, time-
limited or indefinite in nature) has a longer duration.
(11) This
Regulation
should
not
interfere
with
the
functioning
of Council Regulation (EC) No 2201/2003 of
(16) In
cases
where
the
duration
of
a
protection
measure
is
27 November 2003 concerning jurisdiction and the
greater than 12 months, the limitation of the effects of
recognition and enforcement of judgments in matri
recognition under this Regulation should be without
monial matters and the matters of parental responsibil
prejudice to the right of the protected person to invoke
ity ( 2 ) (‘Brussels IIa Regulation’). Decisions taken under
that protection measure under any other available legal
the Brussels IIa Regulation should continue to be
act of the Union providing for recognition or to apply
recognised and enforced under that Regulation.
for a national protection measure in the Member State
addressed.
(12) This
Regulation takes account of the different legal
traditions of the Member States and does not interfere
with the national systems for ordering protection
(17) The
limitation
of
the
effects
of
recognition
is
exceptional
measures. This Regulation does not oblige the Member
due to the special nature of the subject matter of this
States to modify their national systems so as to enable
Regulation and should not serve as a precedent for other
protection measures to be ordered in civil matters, or to
instruments in civil and commercial matters.
introduce protection measures in civil matters for the
application of this Regulation.
(18) This
Regulation
should
deal
only
with
the
recognition
of
the obligation imposed by the protection measure. It
(13) In order to take account of the various types of auth
should not regulate the procedures for implementation
orities which order protection measures in civil matters
or enforcement of the protection measure, nor should it
in the Member States, and unlike in other areas of
cover any potential sanctions that might be imposed if
judicial cooperation, this Regulation should apply to
the obligation ordered by the protection measure is
decisions of both judicial authorities and administrative
infringed in the Member State addressed. Those matters
authorities provided that the latter offer guarantees with
are left to the law of that Member State. However, in
regard, in particular, to their impartiality and to the right
accordance with the general principles of Union law and
of the parties to judicial review. In no event should police
particularly the principle of mutual recognition, Member
States are to ensure that protection measures recognised
( 1 ) OJ L 338, 21.12.2011, p. 2.
under this Regulation can take effect in the Member State
( 2 ) OJ L 338, 23.12.2003, p. 1.
addressed.

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Official Journal of the European Union
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(19) Protection
measures
covered
by
this
Regulation
should
language. Any costs for necessary translation that goes
afford protection to the protected person at his or her
beyond the text of the multilingual standard form are to
place of residence or place of work, or at another place
be allocated as provided under the law of the Member
which that person visits on a regular basis, such as the
State of origin.
residence of close relatives or the school or educational
establishment attended by his or her child. Irrespective of
whether the place in question or the extent of the area
covered by the protection measure is described in the
(24) Where
a
certificate
contains
free
text,
the
competent
protection measure by one or more specific addresses
authority of the Member State addressed should
or by reference to a circumscribed area which the
determine whether any translation or transliteration is
person causing the risk may not approach or enter,
required. This should not preclude the protected person
respectively (or a combination of the two), the recog
or the issuing authority of the Member State of origin
nition of the obligation imposed by the protection
from providing a translation or transliteration on their
measure relates to the purpose which the place serves
own initiative.
for the protected person rather than to the specific
address.
(25) To
ensure
respect
for
the
rights
of
defence
of
the
person
causing the risk, where the protection measure was
(20) In the light of the foregoing and provided that the nature
ordered in default of appearance or under a procedure
and the essential elements of the protection measure are
that does not provide for prior notice to that person (‘ex-
maintained, the competent authority of the Member State
parte proceeding’), the issue of the certificate should only
addressed should be allowed to adjust the factual
be possible if that person has had the opportunity to
elements of the protection measure where such
arrange for his or her defence against the protection
adjustment is necessary in order for the recognition of
measure. However, with a view to avoiding circum
the protection measure to be effective in practical terms
vention and taking into account the typical urgency of
in the Member State addressed. Factual elements include
cases necessitating protection measures, it should not be
the address, the general location or the minimum
required that the period for raising such defence has
distance the person causing the risk must keep from
expired before a certificate may be issued. The certificate
the protected person, the address or the general
should be issued as soon as the protection measure is
location. However, the type and the civil nature of the
enforceable in the Member State of origin.
protection measure may not be affected by such
adjustment.
(26) Having
regard
to
the
objectives
of
simplicity
and
speed,
this Regulation provides for simple and quick methods to
be used for bringing procedural steps to the notice of the
(21) In order to facilitate any adjustment of a protection
person causing the risk. Those specific methods of notifi
measure, the certificate should indicate whether the
cation should apply only for the purposes of this Regu
address specified in the protection measure constitutes
lation due to the special nature of its subject matter,
the place of residence, the place of work or a place
should not serve as a precedent for other instruments
that the protected person visits on a regular basis.
in civil and commercial matters and should not affect
Furthermore, if relevant, the circumscribed area
any obligations of a Member State concerning the
(approximate radius from the specific address) to which
service abroad of judicial and extrajudicial documents
the obligation imposed by the protection measure on the
in civil matters arising from a bilateral or multilateral
person causing the risk applies should also be indicated
convention concluded between that Member State and
in the certificate.
a third country.
(22) In
order
to
facilitate
the
free
movement
of
protection
(27) When the certificate is brought to the notice of the
measures within the Union, this Regulation should
person causing the risk and also when any adjustment
introduce a uniform model of certificate and provide
is made to any factual elements of a protection measure
for the establishment of a multilingual standard form
in the Member State addressed, due regard should be
for that purpose. The issuing authority should issue the
paid to the interest of the protected person in not
certificate upon request by the protected person.
having his or her whereabouts or other contact details
disclosed. Such details should not be disclosed to the
person causing the risk unless such disclosure is
necessary for compliance with, or the enforcement of,
the protection measure.
(23) Free
text
fields
in
the
multilingual
standard
form
for
the
certificate should be as limited as possible, so that trans
lation or transliteration may be provided in most cases
without imposing any costs on the protected person by
(28) The
issuing
of
the
certificate
should
not
be
subject
to
making use of the standard form in the relevant
appeal.

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(29) The
certificate
should
be rectified
where,
due
to
an
information regarding their national rules and procedures
obvious error or inaccuracy, such as a typing error or
concerning protection measures in civil matters within
an error of transcription or copying, the certificate does
the framework of the European Judicial Network in
not correctly reflect the protection measure, or should be
civil and commercial matters established by Council
withdrawn if it was clearly wrongly granted, for example
Decision 2001/470/EC ( 2 ). Access to the information
where it was used for a measure that falls outside the
provided by the Member States should be made
scope of this Regulation or where it was issued in breach
available through the European e-Justice Portal.
of the requirements for its issuing.
(30) The issuing authority of the Member State of origin
(36) In
order
to
ensure
uniform
conditions
for
the
implemen
should, upon request, assist the protected person in
tation of this Regulation, implementing powers should be
obtaining information on the authorities of the
conferred on the Commission with regard to the estab
Member State addressed before which the protection
lishment and subsequent amendment of the forms
measure is to be invoked or enforcement is to be sought.
provided for in this Regulation. Those powers should
be exercised in accordance with Regulation (EU) No
182/2011 of the European Parliament and of the
Council of 16 February 2011 laying down the rules
(31) The
harmonious
functioning
of
justice
requires
that
irrec
and general principles concerning mechanisms for
oncilable decisions should not be delivered in two
control by Member States of the Commission’s exercise
Member States. To that end, this Regulation should
of implementing powers ( 3 ).
provide for a ground for refusal of recognition or
enforcement of the protection measure in cases of irrec
oncilability with a judgment given or recognised in the
Member State addressed.
(37) The
examination procedure should be used for the
adoption of implementing acts establishing and
subsequently amending the forms provided for in this
(32) Public
interest
considerations
may,
in
exceptional
circum
Regulation.
stances, justify a refusal by the court of the Member State
addressed to recognise or enforce a protection measure
where its application would be manifestly incompatible
with the public policy of that Member State. However,
(38) This
Regulation respects the fundamental rights and
the court should not be able to apply the public-policy
observes the principles recognised in the Charter of
exception in order to refuse recognition or enforcement
Fundamental Rights of the European Union. In particular,
of a protection measure when to do so would be
it seeks to ensure the rights of the defence and fair trial,
contrary to the rights set out in the Charter of Funda
as established in Articles 47 and 48 thereof. This Regu
mental Rights of the European Union, and in particular
lation should be applied according to those rights and
Article 21 thereof.
principles.
(33) In the event of suspension or withdrawal of the
protection measure or withdrawal of the certificate in
(39) Since the objective of this Regulation, namely to establish
the Member State of origin, the competent authority of
rules for a simple and rapid mechanism for the recog
the Member State addressed should, upon submission of
nition of protection measures ordered in a Member State
the relevant certificate, suspend or withdraw the effects of
in civil matters, cannot be sufficiently achieved by the
recognition and, where applicable, the enforcement of
Member States and can therefore be better achieved at
the protection measure.
Union level, the Union may adopt measures, in
accordance with the principle of subsidiarity as set out
in Article 5 TEU. In accordance with the principle of
proportionality, as set out in that Article, this Regulation
(34) A
protected
person
should
have
effective
access
to
justice
does not go beyond what is necessary in order to achieve
in other Member States. To ensure such effective access
that objective.
in procedures covered by this Regulation, legal aid is to
be provided in accordance with Council Directive
2003/8/EC of 27 January 2003 to improve access to
justice in cross-border disputes by establishing
minimum common rules relating to legal aid for such
(40) In
accordance
with
Article
3
of
Protocol
No
21
on
the
disputes ( 1 ).
position of the United Kingdom and Ireland in respect of
the Area of Freedom, Security and Justice, annexed to the
TEU and to the TFEU, those Member States have notified
their wish to take part in the adoption and application of
(35) In
order
to
facilitate
the
application
of
this
Regulation,
this Regulation.
Member States should be required to provide certain
( 2 ) OJ L 174, 27.6.2001, p. 25.
( 1 ) OJ L 26, 31.1.2003, p. 41.
( 3 ) OJ L 55, 28.2.2011, p. 13.

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(41) In accordance with Articles 1 and 2 of Protocol No 22
imposing one or more of the following obligations on the
on the position of Denmark, annexed to the TEU and to
person causing the risk with a view to protecting another
the TFEU, Denmark is not taking part in the adoption of
person, when the latter person’s physical or psychological
this Regulation and is not bound by it or subject to its
integrity may be at risk:
application.
(a) a prohibition or regulation on entering the place where
(42) The
European
Data
Protection
Supervisor
delivered
an
the protected person resides, works, or regularly visits or
opinion on 17 October 2011 ( 1 ), based on Article 41(2)
stays;
of Regulation (EC) No 45/2001 of the European
Parliament and of the Council of 18 December 2000
on the protection of individuals with regard to the
processing of personal data by the Community insti
(b) a prohibition or regulation of contact, in any form, with
tutions and bodies and on the free movement of such
the protected person, including by telephone, electronic
data ( 2 ),
or ordinary mail, fax or any other means;
HAVE ADOPTED THIS REGULATION:
(c) a prohibition or regulation on approaching the
protected person closer than a prescribed distance;
CHAPTER I
SUBJECT MATTER, SCOPE AND DEFINITIONS
(2) ‘protected person’ means a natural person who is the object
of the protection afforded by a protection measure;
Article 1
Subject matter
(3) ‘person causing the risk’ means a natural person on whom
This Regulation establishes rules for a simple and rapid
one or more of the obligations referred to in point (1) have
mechanism for the recognition of protection measures
been imposed;
ordered in a Member State in civil matters.
Article 2
(4) ‘issuing authority’ means any judicial authority, or any other
authority designated by a Member State as having
Scope
competence in the matters falling within the scope of this
Regulation, provided that such other authority offers guar
1. This
Regulation
shall
apply
to
protection
measures
in
civil
antees to the parties with regard to impartiality, and that its
matters ordered by an issuing authority within the meaning of
decisions in relation to the protection measure may, under
point (4) of Article 3.
the law of the Member State in which it operates, be made
subject to review by a judicial authority and have similar
force and effects to those of a decision of a judicial
2. This
Regulation
shall
apply
to
cross-border
cases.
For
the
authority on the same matter;
purposes of this Regulation, a case shall be deemed to be a
cross-border case where the recognition of a protection
measure ordered in one Member State is sought in another
Member State.
(5) ‘Member State of origin’ means the Member State in which
the protection measure is ordered;
3. This
Regulation
shall
not
apply
to
protection
measures
falling within the scope of Regulation (EC) No 2201/2003.
(6) ‘Member State addressed’ means the Member State in which
the recognition and, where applicable, the enforcement of
the protection measure is sought.
Article 3
Definitions
CHAPTER II
For the purposes of this Regulation, the following definitions
shall apply:
RECOGNITION AND ENFORCEMENT OF PROTECTION
MEASURES
Article 4
(1) ‘protection measure’ means any decision, whatever it may
Recognition and enforcement
be called, ordered by the issuing authority of the Member
State of origin in accordance with its national law and
1. A
protection
measure
ordered
in
a
Member
State
shall
be
recognised in the other Member States without any special
( 1 ) OJ C 35, 9.2.2012, p. 10.
procedure being required and shall be enforceable without a
( 2 ) OJ L 8, 12.1.2001, p. 1.
declaration of enforceability being required.

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2. A
protected
person
who
wishes
to
invoke
in
the
Member 2. Where
the
protection
measure
was
ordered
in
default
of
State addressed a protection measure ordered in the Member
appearance, the certificate may only be issued if the person
State of origin shall provide the competent authority of the
causing the risk had been served with the document which
Member State addressed with:
instituted the proceeding or an equivalent document or,
where relevant, had been otherwise informed of the initiation
of the proceeding in accordance with the law of the Member
State of origin in sufficient time and in such a way as to enable
(a) a copy of the protection measure which satisfies the
that person to arrange for his or her defence.
conditions necessary to establish its authenticity;
3. Where
the
protection
measure
was
ordered
under
a
(b) the certificate issued in the Member State of origin pursuant
procedure that does not provide for prior notice to be given
to Article 5; and
to the person causing the risk (‘ex-parte proceeding’), the
certificate may only be issued if that person had the right to
challenge the protection measure under the law of the Member
(c) where necessary, a transliteration and/or a translation of the
State of origin.
certificate in accordance with Article 16.
Article 7
3. The
certificate
shall
take
effect
only
within
the
limits
of
Contents of the certificate
the enforceability of the protection measure.
The certificate shall contain the following information:
4. Irrespective
of
whether
the
protection
measure
has
a
longer duration, the effects of recognition pursuant to
(a) the name and address/contact details of the issuing auth
paragraph 1 shall be limited to a period of 12 months,
ority;
starting from the date of the issuing of the certificate.
(b) the reference number of the file;
5. The
procedure
for
the
enforcement
of
protection
measures
shall be governed by the law of the Member State addressed.
(c) the date of issue of the certificate;
Article 5
Certificate
(d) details concerning the protected person: name, date and
place of birth, where available, and an address to be used
1. The
issuing
authority
of
the
Member
State
of
origin
shall,
for notification purposes, preceded by a conspicuous
upon request by the protected person, issue the certificate using
warning that that address may be disclosed to the person
the multilingual standard form established in accordance with
causing the risk;
Article 19 and containing the information provided for in
Article 7.
(e) details concerning the person causing the risk: name, date
and place of birth, where available, and address to be used
2. No appeal shall lie against the issuing of the certificate.
for notification purposes;
3. Upon
request
by
the
protected
person,
the
issuing
(f) all information necessary for enforcement of the protection
authority of the Member State of origin shall provide the
measure, including, where applicable, the type of the
protected person with a transliteration and/or a translation of
measure and the obligation imposed by it on the person
the certificate by making use of the multilingual standard form
causing the risk and specifying the function of the place
established in accordance with Article 19.
and/or the circumscribed area which that person is
prohibited from approaching or entering, respectively;
Article 6
Requirements for the issuing of the certificate
(g) the duration of the protection measure;
1. The
certificate
may
only
be
issued
if
the
protection
measure has been brought to the notice of the person
causing the risk in accordance with the law of the Member
(h) the duration of the effects of recognition pursuant to
State of origin.
Article 4(4);

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(i) a declaration that the requirements laid down in Article 6
2. The
procedure,
including
any
appeal,
with
regard
to
the
have been met;
rectification or withdrawal of the certificate shall be governed
by the law of the Member State of origin.
(j) information on the rights granted under Articles 9 and 13;
Article 10
Assistance to the protected person
(k) for ease of reference, the full title of this Regulation.
Upon request by the protected person, the issuing authority of
the Member State of origin shall assist that person in obtaining
information, as made available in accordance with Articles 17
Article 8
and 18, concerning the authorities of the Member State
addressed before which the protection measure is to be
Notification of the certificate to the person causing the risk
invoked or enforcement is to be sought.
1. The
issuing
authority
of
the
Member
State
of
origin
shall
bring to the notice of the person causing the risk the certificate
and the fact that the issuing of the certificate results in the
recognition and, where applicable, in the enforceability of the
Article 11
protection measure in all Member States pursuant to Article 4.
Adjustment of the protection measure
1. The
competent
authority
of
the
Member
State
addressed
shall, where and to the extent necessary, adjust the factual
2. Where the person causing the risk resides in the Member
elements of the protection measure in order to give effect to
State of origin, the notification shall be effected in accordance
the protection measure in that Member State.
with the law of that Member State. Where the person causing
the risk resides in a Member State other than the Member State
of origin or in a third country, the notification shall be effected
by registered letter with acknowledgment of receipt or equiv
alent.
2. The procedure for the adjustment of the protection
measure shall be governed by the law of the Member State
addressed.
Situations in which the address of the person causing the risk is
not known or in which that person refuses to accept receipt of
the notification shall be governed by the law of the Member
State of origin.
3. The
adjustment
of
the
protection
measure
shall
be
brought to the notice of the person causing the risk.
3. The
whereabouts
or
other
contact
details
of
the
protected
person shall not be disclosed to the person causing the risk
4. Where the person causing the risk resides in the Member
unless their disclosure is necessary for compliance with, or
State addressed, the notification shall be effected in accordance
the enforcement of, the protection measure.
with the law of that Member State. Where the person causing
the risk resides in a Member State other than the Member State
addressed or in a third country, the notification shall be effected
by registered letter with acknowledgment of receipt or equiv
Article 9
alent.
Rectification or withdrawal of the certificate
1. Without
prejudice
to
Article
5(2)
and
upon
request
by
the
protected person or the person causing the risk to the issuing
Situations in which the address of the person causing the risk is
authority of the Member State of origin or on that authority’s
not known or in which that person refuses to accept receipt of
own initiative, the certificate shall be:
the notification shall be governed by the law of the Member
State addressed.
(a) rectified where, due to a clerical error, there is a discrepancy
between the protection measure and the certificate; or
5. An appeal against the adjustment of the protection
measure may be lodged by the protected person or the
person causing the risk. The appeal procedure shall be
(b) withdrawn where it was clearly wrongly granted, having
governed by the law of the Member State addressed.
regard to the requirements laid down in Article 6 and the
However, the lodging of an appeal shall not have suspensive
scope of this Regulation.
effect.

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the
European
Union L
181/11
Article 12
CHAPTER III
No review as to substance
GENERAL AND FINAL PROVISIONS
Under no circumstances may a protection measure ordered in
Article 15
the Member State of origin be reviewed as to its substance in
the Member State addressed.
Legalisation and other similar formalities
No legalisation or other similar formality shall be required for
documents issued in a Member State in the context of this
Regulation.
Article 13
Refusal of recognition or enforcement
Article 16
1. The
recognition
and,
where
applicable,
the
enforcement
of
the protection measure shall be refused, upon application by the
Transliteration or translation
person causing the risk, to the extent such recognition is:
1. Any
transliteration
or
translation
required
under
this
Regulation shall be into the official language or one of the
official languages of the Member State addressed or into any
other official language of the institutions of the Union which
(a) manifestly contrary to public policy in the Member State
that Member State has indicated it can accept.
addressed; or
2. Subject
to
Article
5(3),
any
translation
under
this
Regu
lation shall be done by a person qualified to do translations in
(b) irreconcilable with a judgment given or recognised in the
one of the Member States.
Member State addressed.
Article 17
Information made available to the public
2. The
application
for
refusal
of
recognition
or
enforcement
shall be submitted to the court of the Member State addressed
The Member States shall provide, within the framework of the
as communicated by that Member State to the Commission in
European Judicial Network in civil and commercial matters
accordance with point (a)(iv) of Article 18(1).
established by Decision 2001/470/EC and with a view to
making the information available to the public, a description
of the national rules and procedures concerning protection
measures in civil matters, including information on the type
3. The
recognition
of
the
protection
measure
may
not
be of authorities which are competent in the matters falling
refused on the ground that the law of the Member State
within the scope of this Regulation.
addressed does not allow for such a measure based on the
same facts.
The Member States shall keep that information updated.
Article 14
Article 18
Suspension or withdrawal of recognition or enforcement
Communication of information by the Member States
1.
In the event of suspension or withdrawal of the protection
1. By
11
July
2014,
Member
States
shall
communicate
to
the
measure in the Member State of origin, suspension or limitation
Commission the following information:
of its enforceability, or withdrawal of the certificate in
accordance with point (b) of Article 9(1), the issuing authority
of the Member State of origin shall, upon request by the
protected person or the person causing the risk, issue a
(a) the type of authorities which are competent in the matters
certificate indicating that suspension, limitation or withdrawal
falling within the scope of this Regulation, specifying, where
using the multilingual standard form established in accordance
applicable:
with Article 19.
(i) the authorities which are competent to order protection
measures and issue certificates in accordance with
2. Upon submission by the protected person or the person
Article 5;
causing the risk of the certificate issued in accordance with
paragraph 1, the competent authority of the Member State
addressed shall suspend or withdraw the effects of the recog
(ii) the authorities before which a protection measure
nition and, where applicable, the enforcement of the protection
ordered in another Member State is to be invoked
measure.
and/or which are competent to enforce such a measure;

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L 181/12
EN
Official Journal of the European Union
29.6.2013
(iii) the authorities which are competent to effect the
2. Where
reference
is
made
to
this
paragraph,
Article
5
of
adjustment of protection measures in accordance with
Regulation (EU) No 182/2011 shall apply.
Article 11(1);
(iv) the courts to which the application for refusal of recog
nition and, where applicable, enforcement is to be
Article 21
submitted in accordance with Article 13;
Review
(b) the language or languages accepted for translations as
By 11 January 2020, the Commission shall submit to the
referred to in Article 16(1).
European Parliament, the Council and the European Economic
and Social Committee a report on the application of this Regu
lation. If necessary, the report shall be accompanied by
2. The
Commission
shall
make
the
information
referred
to
in proposals for amendments.
paragraph 1 available to the public through any appropriate
means, in particular through the website of the European
Judicial Network in civil and commercial matters.
Article 22
Article 19
Entry into force
Establishment and subsequent amendment of the forms
This Regulation shall enter into force on the twentieth day
The Commission shall adopt implementing acts establishing and
following that of its publication in the Official Journal of the
subsequently amending the forms referred to in Articles 5 and
European Union.
14. Those implementing acts shall be adopted in accordance
with the examination procedure referred to in Article 20.
It shall apply from 11 January 2015.
Article 20
Committee procedure
1. The
Commission
shall
be
assisted
by
a
committee.
That This Regulation shall apply to protection measures ordered on
committee shall be a committee within the meaning of Regu
or after 11 January 2015, irrespective of when proceedings have
lation (EU) No 182/2011.
been instituted.
This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaties.
Done at Strasbourg, 12 June 2013.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
L. CREIGHTON

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Document Outline

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