COUNCIL DECISION (EU) 2022/1022

of 9 June 2022

on the signing, on behalf of the European Union, of the Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Mining, Agricultural and Construction Equipment (MAC Protocol)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 81(2), points (a), (c) and (e), in conjunction with Article 218(5) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Union is working towards the establishment of a common judicial area based on the principle of mutual recognition of judicial decisions.

(2) The Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Mining, Agricultural and Construction Equipment (‘the MAC Protocol’), adopted in Pretoria on 22 November 2019, makes a useful contribution to the regulation of those matters at international level. It is therefore desirable that the provisions of the MAC Protocol be applied as soon as possible.

(3) Some of the matters dealt with in the MAC Protocol affect Regulations (EC) No 593/2008 (1), (EU) No 1215/2012 (2) and (EU) 2015/848 (3) of the European Parliament and of the Council. The Union therefore has exclusive competence over those matters, while the other matters do not fall within that competence.

(4) The Commission negotiated the MAC Protocol on behalf of the Union, for the parts falling within the exclusive competence of the Union.

(5) Article XXIV(1) of the MAC Protocol provides that regional economic integration organisations which have competence over certain matters governed by the MAC Protocol are able to sign, accept, approve or accede to that Protocol.

(6) Article XXIV(2) of the MAC Protocol provides that, at the time of signature, acceptance, approval or accession, a regional economic integration organisation is to make a declaration specifying the matters governed by that Protocol in respect of which competence has been transferred to that organisation by its Member States. The Union should therefore make such a declaration at the time of signature of the MAC Protocol.

(7) Ireland is bound by Regulations (EC) No 593/2008, (EU) No 1215/2012 and (EU) 2015/848, and is therefore taking part in the adoption of this Decision.

(8) In accordance with Articles 1 and 2 of Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(9) The MAC Protocol should be signed on behalf of the Union, subject to its conclusion at a later date, and the attached declaration should be approved,

HAS ADOPTED THIS DECISION:

Article 1 The signing on behalf of the Union of the Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Mining, Agricultural and Construction Equipment (MAC Protocol), adopted in Pretoria on 22 November 2019, is hereby authorised, subject to its conclusion (4).

Article 2 The Declaration attached to this Decision shall be approved on behalf of the Union, subject to the adoption of a decision on the conclusion of the MAC Protocol at a later stage.

Article 3 The President of the Council is hereby authorised to designate the person(s) empowered to sign the MAC Protocol on behalf of the Union, subject to the condition set out in Article 4.

Article 4 When signing the MAC Protocol, the Union shall make the declaration attached to this Decision, in accordance with Article XXIV(2) of the MAC Protocol.

Article 5 This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Done at Luxembourg, 9 June 2022. For the Council The President É. DUPOND-MORETTI

(1) Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6).

(2) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).

(3) Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (OJ L 141, 5.6.2015, p. 19).

(4) The text of the MAC Protocol will be published together with the decision on its conclusion.