Date: 2018-12-17Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2018/1990 of 11 December 2018 establishing the forms referred to in Council Regulation (EU) 2016/1104 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships
Issued by European Commission
· Directorate-General for Justice and Consumers
Executive Summary:
Commission Implementing Regulation (EU) 2018/1990 establishes standard forms for matters of property consequences of registered partnerships, pursuant to Council Regulation (EU) 2016/1104. These forms are for attestations related to Article 45(3b), Articles 58(1) and 59(2), and Article 60(2) of Regulation EU 2016/1104. The regulation, adopted on December 11, 2018, will enter into force on January 29, 2019, and is binding in its entirety for the member states involved.
Key Points / Main Content:
* **Forms Established:**
* Annex I: Form for the attestation referred to in Article 45(3b) of Regulation EU 2016/1104.
* Annex II: Form for the attestation concerning an authentic instrument referred to in Articles 58(1) and 59(2) of Regulation EU 2016/1104.
* Annex III: Form for the attestation concerning a court settlement referred to in Article 60(2) of Regulation EU 2016/1104.
* **Scope & Application:**
* Regulation applies to enhanced cooperation between specific EU Member States: Belgium, Bulgaria, the Czech Republic, Germany, Greece, Spain, France, Croatia, Italy, Cyprus, Luxembourg, Malta, Netherlands, Austria, Portugal, Slovenia, Finland and Sweden.
* Regulation is based on Council Regulation (EU) 2016/1104, implementing enhanced cooperation in jurisdiction, applicable law, and the recognition/enforcement of decisions regarding property consequences of registered partnerships.
* **Entry into Force:**
* This Regulation shall enter into force on 29 January 2019.
Impact Analysis:
* **Member States:**
* Impact: Member States participating in the enhanced cooperation are required to apply the regulation.
* Action Required: Implement the specified forms (Annexes I, II, and III) for attestations related to property consequences of registered partnerships as outlined in Regulation EU 2016/1104.
* **Courts and Authorities:**
* Impact: Courts and relevant authorities within participating Member States will use these forms in applicable proceedings.
* Action Required: Adopt and utilize the forms when dealing with attestations related to jurisdiction, applicable law, and the recognition/enforcement of decisions in matters of property consequences of registered partnerships.
* **Citizens and Legal Professionals:**
* Impact: Citizens involved in registered partnerships and legal professionals assisting them will use the specified forms.
* Action Required: Use the forms provided in Annexes I, II, and III when providing attestations related to Regulation EU 2016/1104 in participating Member States.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Commission: An institution of the European Union responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Council Regulation EU 2016/1104: Council Regulation implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, outlining its scope and objectives.
Council Decision EU 2016/954: Council Decision authorising enhanced cooperation in the area of property regimes of international couples.
Belgium: A country in Europe, and a Member State taking part in the enhanced cooperation.
Jean-Claude Juncker: The President of the European Commission at the time of the regulation.
Brussels: The location where the Commission Implementing Regulation (EU) 2018/1990 was adopted.
17.12.2018 EN Official Journal of the European Union L 320/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) 2018/1990
of 11 December 2018
establishing the forms referred to in Council Regulation (EU) 2016/1104 implementing enhanced
cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of
decisions in matters of the property consequences of registered partnerships
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EU) 2016/1104 implementing enhanced cooperation in the area of jurisdiction,
applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered
partnerships (1), and in particular Article 45(3)(b), Article 58(1), Article 59(2) and Article 60(2) thereof,
After consulting the Committee concerning applicable law, jurisdiction and enforcement in matters of the property
consequences of registered partnerships,
Whereas:
(1) For proper application of Regulation (EU) 2016/1104 several forms should be established.
(2) In accordance with Council Decision (EU) 2016/954 (2) authorising enhanced cooperation in the area of property
regimes of international couples, Regulation (EU) 2016/1104 implements enhanced cooperation in the area of
jurisdiction, applicable law and the recognition and enforcement of decisions in the matter of property regimes
of international couples between Belgium, Bulgaria, the Czech Republic, Germany, Greece, Spain, France, Croatia,
Italy, Cyprus, Luxembourg, Malta, Netherlands, Austria, Portugal, Slovenia, Finland and Sweden. Therefore only
those Member States are taking part in the adoption of this Regulation,
(3) The measures provided for in this Regulation are in accordance with the opinion of the Committee concerning
applicable law, jurisdiction and enforcement in matters of the property consequences of registered partnerships,
HAS ADOPTED THIS REGULATION:
Article 1
1. The form to be used for the attestation referred to in Article 45(3)(b) of Regulation (EU) 2016/1104 shall be as set
out in Annex I.
2. The form to be used for the attestation concerning an authentic instrument referred to in Articles 58(1) and 59(2)
of Regulation (EU) 2016/1104 shall be as set out in Annex II.
3. The form to be used for the attestation concerning a court settlement referred to in Article 60(2) of Regulation
(EU) 2016/1104 shall be as set out in Annex III.
(1) OJ L 183, 8.7.2016, p. 30.
(2) Council Decision (EU) 2016/954 of 9 June 2016 authorising enhanced cooperation in the area of jurisdiction, applicable law and the
recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial
property regimes and the property consequences of registered partnerships (OJ L 159, 16.6.2016, p. 16).L 320/2 EN Official Journal of the European Union 17.12.2018
Article 2
This Regulation shall enter into force on 29 January 2019.
This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaties.
Done at Brussels, 11 December 2018.
For the Commission
The President
Jean-Claude JUNCKER17.12.2018 EN Official Journal of the European Union L 320/3
ANNEX IL 320/4 EN Official Journal of the European Union 17.12.201817.12.2018 EN Official Journal of the European Union L 320/5L 320/6 EN Official Journal of the European Union 17.12.201817.12.2018 EN Official Journal of the European Union L 320/7L 320/8 EN Official Journal of the European Union 17.12.201817.12.2018 EN Official Journal of the European Union L 320/9L 320/10 EN Official Journal of the European Union 17.12.201817.12.2018 EN Official Journal of the European Union L 320/11
ANNEX IIL 320/12 EN Official Journal of the European Union 17.12.201817.12.2018 EN Official Journal of the European Union L 320/13L 320/14 EN Official Journal of the European Union 17.12.201817.12.2018 EN Official Journal of the European Union L 320/15L 320/16 EN Official Journal of the European Union 17.12.201817.12.2018 EN Official Journal of the European Union L 320/17
ANNEX IIIL 320/18 EN Official Journal of the European Union 17.12.201817.12.2018 EN Official Journal of the European Union L 320/19L 320/20 EN Official Journal of the European Union 17.12.201817.12.2018 EN Official Journal of the European Union L 320/21