Proposal for a Council Regulation amending Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000, as regards treaties with the Holy See
Date: 2004-09-29
Institutions: European Commission
Subjects: Holy See, Malta, accession to the European Union, bilateral agreement, jurisdiction, matrimonial law, parental responsibility

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.9.2004 
COM(2004) 616 final 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition 
and enforcement of judgments in matrimonial matters and the matters of parental 
responsibility, repealing Regulation (EC) No 1347/2000, as regards treaties with the 
Holy See  

(presented by the Commission) 

EN 

   EN 

 
 
 
  
  
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EXPLANATORY MEMORANDUM 

Council Regulation (EC) No 1347/2000 (“the Brussels II Regulation”)1 provides for 
the mutual recognition of judgments in matrimonial matters. It is, as a general rule, 
limited  to  civil  proceedings  and  does  not  apply  to  decisions  issued  by  religious 
authorities.  

As  an  exception  to  this  rule,  Article  40  stipulates  that  decisions  taken  by 
ecclesiastical  courts  in  Spain,  Italy  and  Portugal  pursuant  to  the  treaties  between 
these Member States and the Holy See (referred to as “Concordats”) are recognised 
in other Member  States pursuant to the rules of the Regulation. These treaties give 
the  ecclesiastical  courts  in  the  Member  States  concerned  competence  to  annul 
canonical marriages.  

Article 40 was amended in Annex II of the 2003 Act of Accession so as to mention 
the Agreement between Malta and the Holy See on the recognition of civil effects to 
canonical  marriages  and  to  decisions  of  ecclesiastical  authorities  and  tribunals  on 
those marriages of 3 February 1993.  

The wording of Article 40 is reproduced in Article 63 Council Regulation (EC) No 
2201/22032, which will repeal and replace “the Brussels II Regulation”. Regulation 
(EC)  No  2201/2203  which  entered  into  force  on  1  August  2004  will  apply  from  1 
March 2005 in all Member States, except Denmark.  

Malta has requested that Article 63 of Regulation (EC) No 2201/2003 be amended so 
as  to  mention  its  Treaty  with  the  Holy  See.  However,  since  the  Regulation  was 
adopted prior to Malta’s accession to the European Union, it was agreed to introduce 
the amendment pursuant to Article 57 of the 2003 Act of Accession. This provision 
foresees a simplified procedure whereby amendments of acts that are adopted prior 
to accession shall be decided by the Council by qualified majority on proposal from 
the Commission.  

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EN 

Council  Regulation  (EC)  No  1347/2000  of  29  May  2000  on  jurisdiction  and  the  recognition  and 
enforcement of judgments in matrimonial matters and in matters of parental responsibility for children 
of both spouses (OJ L 160, 30.6.2000, p. 19). 
Council  Regulation  (EC)  No  2201/2003  of  27  November  2003  concerning  jurisdiction  and  the 
recognition  and  enforcement  of  judgments  in  matrimonial  matters  and  the  matters  of  parental 
responsibility, repealing Regulation (EC) NO 1347/2000 (OJ L 338, 23.12.2003, p. 1). 

2 

   EN 

 
                                                 
Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition 
and enforcement of judgments in matrimonial matters and the matters of parental 
responsibility, repealing Regulation (EC) No 1347/2000, as regards treaties with the 
Holy See  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having  regard  to  the  Act  of  Accession  of  the  Czech  Republic,  Estonia,  Cyprus,  Latvia, 
Lithuania,  Hungary,  Malta,  Poland,  Slovenia  and  Slovakia,  and  in  particular  Article  57(2) 
thereof, 

Having regard to the proposal from the Commission,(3) 

Whereas: 

(1) 

(2) 

(3) 

Article 40 of Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction 
and  the  recognition  and  enforcement  of  judgments  in  matrimonial  matters  and  in 
matters  of  parental  responsibility  for  children  of  both  spouses(4)  provides  that 
decisions as to the invalidity of a marriage taken under the treaties between the Holy 
See  and  Portugal,  Italy  and  Spain  (Concordats)  are  to  be  recognised  in  the  Member 
States on the conditions laid down in Chapter III of that Regulation.  

Article 40 of Regulation (EC) No 1347/2000 was amended by Annex II of the 2003 
Act  of  Accession  so  as  to  mention  Malta’s  Agreement  with  the  Holy  See  on  the 
recognition  of  civil  effects  to  canonical  marriages  and  to  decisions  of  ecclesiastical 
authorities  and  tribunals  on  those  marriages  of  3  February  1993,  with  the  second 
Additional Protocol of 6 January 1995. 

Council  Regulation  (EC)  No  2201/2003  on  jurisdiction  and  the  recognition  and 
enforcement  of  judgments  in  matrimonial  matters  and  the  matters  of  parental 
responsibility,  repealing  Regulation  (EC)  No  1347/2000(5),  was  adopted  on  27 
November 2003. Regulation (EC) No 2201/2003 entered into force on 1 August 2004 
and  will  apply  from  on  1  March  2005  in  all  Member  States  with  the  exception  of 
Denmark. 

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OJ L … 
OJ L 160, 30.6.2000, p. 19. 
OJ L 338, 23.12.2003, p. 1. 

EN 

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   EN 

 
                                                 
(4)  Malta  has  requested  that  Article  63  of  Regulation  (EC)  No  2201/2003,  which 
corresponds to Article 40 of Regulation (EC) 1347/2000, be amended so as to mention 
its Agreement with the Holy See. 

(5) 

Article 57 of the 2003 Act of Accession provides that acts adopted prior to accession 
which require adaptation by reason of accession may be adapted through a simplified 
procedure  whereby  the  Council  acts  by  qualified  majority  on  a  proposal  from  the 
Commission. 

(6) 

It  is  justified  to  take  account  of  Malta’s  request  and  to  amend  Regulation  (EC)  No 
2201/2003 accordingly, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Article 63 of Regulation (EC) No 2201/2003 is amended as follows:  

(1) 

In paragraph 3, the following point (c) is added: 

“ (c) Agreement between the Holy See and Malta on the recognition of civil effects 
to canonical marriages and to decisions of ecclesiastical authorities and tribunals on 
those  marriages  of  3  February  1993,  with  the  second  Additional  Protocol  of  6 
January 1995”. 

(2) 

Paragraph 4 is replaced by the following:  

“4. Recognition of the decisions provided for in paragraph 2 may, in Spain, Italy or 
Malta,  be  subject  to  the  same  procedures  and  the  same  checks  as  are  applicable  to 
decisions  of  the  ecclesiastical  courts  handed  down  in  accordance  with  the 
international treaties concluded with the Holy See referred to in paragraph 3.”  

Article 2 

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

This Regulation shall apply from 1 March 2005.  

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,  

EN 

For the Council 
The President 

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