Council Regulation (EC) No 2116/2004 of 2 December 2004 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: 2004-12-02
Institutions: Council of the European Union
Subjects: Holy See, Malta, canon law, jurisdiction, matrimonial law, parental responsibility

14.12.2004

EN

Official Journal of the European Union

L 367/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 2116/2004

of 2 December 2004

amending Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enfor-
cement 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
Community,

establishing the European

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,

(4)

(5)

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

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.

Having regard to the proposal from the Commission,

(6)

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

Whereas:

HAS ADOPTED THIS REGULATION:

(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 (1) 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 of 27 November
2003 concerning jurisdiction and the recognition and
enforcement of judgments in matrimonial matters and
the matters of parental responsibility, repealing Regu-
lation (EC) No 1347/2000 (2) entered into force on 1
August 2004 and will apply from 1 March 2005 in all
Member States with the exception of Denmark.

(1) OJ L 160, 30.6.2000, p. 19. Regulation as last amended by
L 318,

(EC) No 1804/2004 (OJ

Commission Regulation
19.10.2004, p. 7).

(2) OJ L 338, 23.12.2003, p. 1.

Article 1

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

1.

in paragraph 3, the following point shall be 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,
including the
Protocol of application of the same date, with the second
Additional Protocol of 6 January 1995’;

2. paragraph 4 shall be replaced by the following:

in Spain,

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

Article 2

This Regulation shall enter into force on the 20th day following
that of
the European
Union.

its publication in the Official

Journal of

This Regulation shall apply from 1 March 2005.

L 367/2

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Official Journal of the European Union

14.12.2004

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, 2 December 2004.

For the Council
The President

J. P. H. DONNER