Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on mutual recognition of protection measures in civil matters
Date: 2011-05-18
Institutions: European Commission
Subjects: area of freedom, security and justice, civil defence, mutual recognition principle, victim

EUROPEAN COMMISSION 

Brussels, 18.5.2011 
COM(2011) 276 final 

2011/0130 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on mutual recognition of protection measures in civil matters  

{COM(2011) 274} 
{COM(2011) 275} 
{SEC(2011) 580} 
{SEC(2011) 581} 

 
 
 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

This proposal is part of a legislative package which aims at strengthening the rights of victims 
in  the  EU  and  which  also  includes  the  following  other  elements:  a  communication  on  the 
strengthening of victims' rights in the EU and a directive establishing minimum standards on 
the rights, support and protection of victims of crime. This proposal, dealing with protection 
orders taken in civil matters, aims at complementing a Member States' initiative of september 
2009  for  a  Directive  on  the  European  Protection  Order1,  which  will  ensure  the  mutual 
recognition of protection measures taken in criminal matters. 

The  European  Union  has  set  itself  the  objective  of  maintaining  and  developing  an  area  of 
freedom, security and justice, the cornerstone of which is the principle of mutual recognition 
of judgments and other decisions of judicial authorities within the Union.  

The Stockholm Programme (2010-2014)2 and the Commission's action plan to implement it, 
recognise the need for further action to place the needs of victims of crime at the centre of our 
justice systems. They place victims high on the EU agenda and firmly establish the need and 
intention to create an integrated and co-ordinated approach to victims, in line with the October 
2009 JHA Council Conclusions3.  

The  European  Union  has  already  acted  on  the  rights  of  victims  in  criminal  proceedings 
through  Council  Framework  Decision  2001/220/JHA  of  15  March  2001  on  the  standing  of 
victims in criminal proceedings. Whilst improvements have been achieved on victims' rights, 
the objectives of the Council Framework decision have not been fully realised.  

The  European  Parliament  has  also  called  upon  the  Council  to  adopt  a  comprehensive  legal 
framework offering victims of crime the widest protection4. In its resolution of 26 November 
20095  on  the  elimination  of  violence  against  women  the  European  Parliament  calls  on  the 
Member  States  to  improve  their  national  laws  and  policies  to  combat  all  forms  of  violence 
against women and to act in order to tackle the causes of violence against women, not least by 
employing  preventive  measures  and  calls  on  the  Union  to  guarantee  the  right  to  assistance, 
protection and support for all victims of violence. 

In  a  common  area  of  freedom,  security  and  justice,  victims  of  (for  example,  domestic) 
violence or persons whose physical and/or psychological integrity or liberty is at risk and who 
benefit from a protection measure taken in one Member State should benefit from the same 
level of protection in other Member States should they move or travel, without going through 
expensive and time consuming procedures. Such action also replies to the Commission's call 

1 
2 

3 
4 

5 

OJ C 69, 18.3.2010, p. 5-18, 13577/09 COPEN 176 of 23 September 2009. 
Multi-annual programme which sets out the European Union’s priorities for the area of justice, freedom 
and  security  for  the  period  2010-2014:"The  Stockholm  Programme  —  An  Open  and  Secure  Europe 
Serving and Protecting Citizens" (OJ C 115, 4.5.2010, p. 1).  
2969th JAI Council meeting of 23/10/2009, [14936/09 (Presse 306)]. 
European  Parliament  resolution  of  7  May  2009  on  the  development  of  a  European  Union  criminal 
justice area, [P6_TA(2009)0386]. 
European Parliament resolution of 26 November 2009 on the elimination of violence against women, 
[P7_TA(2009)0098]. 

EN 

2 

   EN 

 
                                                 
to  further  dismantle  the  obstacles  to  citizens'  rights,  set  out  in  its  Citizenship  Report"  of  27 
October 20106. 

In September 2009, 12 Member States put forward a proposal for a Directive of the European 
Parliament and of the Council on the European Protection Order7. During the negotiations, it 
appeared that the mechanisms used in this instrument, based on Article 82 TFUE dealing with 
mutual  recognition  in  criminal  matters,  is  not  compatible  with  the  ambitious  standard  of 
mutual  recognition  already  reached  for  civil  matters,  covered  by  Article  81  TFUE.  The 
present proposal therefore aims at completing a legal instrument on the mutual recognition of 
protection measures taken in criminal matters to ensure that all protection measures taken in  a 
Member State benefit from an efficient mechanism to ensure their free circulation throughout 
the EU. 

2. 

CONSULTATION AND IMPACT ASSESSMENT 

The need for this proposal applying exclusively to protection orders taken in civil proceedings 
appeared  during  the  negotiation  of  the  Member  States'  initiative  for  a  European  Protection 
Order which was accompanied by an Impact Assessment. To consult more specifically on the 
need  for  and  the  modalities  of  this  proposal,  the  Commission  launched  additional 
consultations with Member States, other institutions and experts from different backgrounds.  

The Commission first hosted an experts' meeting on 25 May 2010 which confirmed that many 
Member  State  have  put  civil  law  protection  measures  in  place,  the  mutual  recognition  of 
which should follow the common standards used in civil matters, rather than the more heavy 
procedures which are common standard in criminal matters. 

The  European  Commission  also  contracted  an  external  Study  to  assist  with  the  impact 
assessment in identifying the needs of victims of crime, which measures could be established 
to  meet  these  needs  and  to  examine  the  impacts  of  any  possible  options8.  As  part  of  the 
preparation  process  of  the  Impact  Assessment,  the  Commission  held  a  public  consultation 
from 15 July 2010 to 30 September 2010, open to all members of the public as well as to non-
governmental  and  governmental  organisations  asking  their  views  on  what  action  the  EU 
should take to improve the situation of victims of crime, including in the field of protection 
orders.  

A  further  study  was  contracted  to  examine  options  in  relation  to  the  specific  objective  of 
ensuring  that  the  protection  gained  through  a  protection  order  is  not  lost  when  a  protected 
person travels or moves to another Member States9. 

6 
7 
8 

9 

EU Citizenship Report 2010, "Dismantling the obstacles to EU citizens’ rights" - COM(2010) 603. 
13577/09 COPEN 176 of 23 September 2009. 
Matrix Insight/Andersson Elfers Felix, "A Study for an Impact Assessment on Ways of Improving the 
Support, Protection and Rights of Victims across Europe", Final Report, 3 November 2010. 
Burkhard  Hess:  "Feasibility  Study:  The  European  Protection  Order  and  the  European  Law  of  Civil 
Procedure", soon available at: http://ec.europa.eu/justice/index_en.htm. 

EN 

3 

   EN 

 
                                                 
3. 

LEGAL ELEMENTS OF THE PROPOSAL  

3.1. 

Legal basis 

This proposal is based on Article 81(2)(a), (e) and (f) of the Treaty on the Functioning of the 
European Union. According to Article 81 the Union shall develop judicial cooperation in civil 
matters  having  cross-border  implications,  based  on  the  principle  of  mutual  recognition  of 
judgments and of decisions in extrajudicial cases. Such cooperation may include the adoption 
of measures for the approximation of the laws and regulations of the Member States. 

For these purposes, the European Parliament and the Council, acting in accordance with the 
ordinary  legislative  procedure,  shall  adopt  measures,  particularly  when  necessary  for  the 
proper functioning of the internal market, aimed at ensuring, inter alia, the mutual recognition 
and enforcement between Member States of judgments and of decisions in extrajudicial cases.  

3.2. 

Summary of the proposed regulation  

To  protect  victims  of  violence,  in  particular  domestic  violence,  stalking  or  violence  against 
children,  the  national  laws  of  the  Member  States  provide  for  the  possibility  to  adopt 
temporary and preventative measures with a view to protecting a person when a serious risk 
exists  to  consider  the  persons  physical  and/or  psychological  integrity  or  liberty  at  risk. 
Protection measures are issued by a judicial or other authority upon request of the person at 
risk.  Many  of  them  are  ordered  without  the  person  causing  the  risk  being  summoned  to 
appear, in particular in case of urgency ("ex parte" procedures). Protection measures consist 
of, for example, the obligation not to approach the protected person closer than a prescribed 
distance, or the obligation not to enter certain localities where the protection person resides or 
that he visits. A specificity of many protection measures is that the public authorities do not 
actively  intervene  to  ensure  their  execution:  in  case  of  violation  of  his  obligation  by  the 
person  causing  the  risk,  the  person  is  directly  subject  to  a  sanction,  often  to  a  criminal 
sanction. 

Due  to  the  increase  of  free  movement  more  persons  are  moving  or  travelling  abroad. 
Consequently, it is extremely important to ensure that such a temporary protection provided in 
one  Member  State  is  maintained  when  a  person  travels  or  moves  to  another  Member  State 
without  having  to  go  through  time-consuming  procedures.  Civil  judicial  cooperation  has 
developed in the context of the creation of an internal market in Europe based on the premise 
of  mutual  recognition  of  judicial  and  extra-judicial  decisions.  Such  mutual  recognition  has 
been  gradually  improved  by  lowering  the  controls  with  respect  to  foreign  decisions  in  the 
Union.  This  proposal  provides  for  a  speedy  and  efficient  mechanism  to  ensure  that  the 
Member State to which the person at risk moves will recognise the protection measure issued 
by  the  first  Member  State  without  any  intermediate  formalities.  As  for  other  mutual 
recognition  instruments  in  civil  matters,  this  proposal  introduces  a  standardised  certificate 
which  contains  all  information  relevant  for  the  recognition  and,  where  applicable, 
enforcement.  Therefore,  a  certificate  will  be  issued  by  the  competent  authority  of  the  first 
Member State, either ex-officio or on request of the protected person, who will then contact 
the competent authorities in the second Member State and provide them with the certificate. 
The competent authorities of the second Member State will notify the person causing the risk 
about the geographical extension of the foreign protection measure, the sanctions applicable 
in case of its violation and, where applicable, ensure its enforcement.  

EN 

4 

   EN 

 
In  order  to  ensure  a  quick,  cheap  and  efficient  mechanism  of  circulation  of  protection 
measures in the European Union, the rationale of 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  ('Brussels  II-bis')10  and  in  particlar  Articles  41  and  42  thereof,  has  been 
followed. Inspiration has been taken also from the Commission's proposal for a recasting of 
Council Regulation (EC) No 44/2001 ('Brussels I')11. The proposal provides for the abolition 
of  intermediate  procedures  and  no  grounds  for  refusal  have  been  proposed,  except  for  the 
existence of an irreconcilable decision in the Member State of recognition. 

Automatic recognition also applies when the Member State of recognition and/or enforcement 
does not have protection measures in civil matters. This is indeed a fundamental principle of 
mutual  recognition  in  civil  matters:  the  fact  that  the  Member  State  where  the  recognition 
and/or enforcement are sought does not foresee a measure in its internal law must not affect 
its  obligation  to  recognise  and,  where  applicable,  enforce  the  measure  taken  by  another 
Member  State.  The  nature  of  the  authority  which  has  taken  the  protection  measures  (civil 
court, mayor, criminal court) is not decisive with this respect.  

The  abolition  of  intermediate  procedures  will  be  accompanied  by  fundamental  rights 
safeguards: 

–  The authority of the first Member State which will be requested to issue the certificate will 
have to check that the right to a fair trial, in particular the right of defence, of the person 
causing  the  risk  has  been  respected.  In  case  such  rights  have  not  been  guaranteed,  the 
certificate cannot be issued. 

–  In case of suspension of withdrawal of the protection measure by the first Member State, 
the competent authority of the second Member State has, at request of the person causing 
the risk, to suspend or withdraw its recognition and, when applied, enforcement. 

–  The competent authorities of both Member States have to bring to the notice of the person 
causing  the  risk  and  to  the  protected  person  any  information  related  to  the  issuing, 
recognition,  possible  enforcement  and  sanctions,  suspension  or  withdrawal  of  the 
protection measure. 

All these safeguards ensure the fundamental rights and principles recognised in particular by 
the Charter of Fundamental Rights of the European Union be guaranteed, while the time and 
costs of the exequatur procedure will be saved. 

The proposal does not deal with criminal sanctions put in place by Member States in case of 
violation of a protection measure. This question will continue to be dealt with by the national 
law of each Member State. 

10 

11 

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). 
Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  on  jurisdiction  and  the 
recognition and enforcement of judgments in civil and commercial matters (Recast) - COM(2010) 748, 
14.12.2010. 

EN 

5 

   EN 

 
                                                 
3.3. 

Analysis of the most important Articles 

This  proposal  is  a  mutual  recognition  instrument  in  civil  matters  and  as  such  it  follows  the 
rationale of existing EU instruments on judicial cooperation in civil and commercial matters, 
from which it takes broad inspiration. Many articles are similar or equal to the correspondent 
articles in the mentioned legislation.  

Article 1 - Scope 

Certain  protection  measures  are  already  covered  by  Brussels  I12  and  Brussels  II-bis 
Regulations,  hence  it  is  important  to  clarify  the  articulation  of  the  proposal  with  these 
regulations. 

This  Regulation  establishes  special  rules  in  relation  to  protection  measures.  Following  a 
general principal of law, it shall therefore supersede the general rules set out by Brussels I.  

The  situation  is  different  as  regards  Regulation  Brussels  II-bis,  the  aim  of  which  is  to 
centralise all proceedings relating to a given divorce or legal separation. This proposal must 
not jeopardise rules governing jurisdiction and the recognition of judgments contained in that 
specific  instrument  by  offering  the  possibility  to  seize  the  jurisdiction  of  another  Member 
State as regards the protection measures taken in the context of the ongoing proceedings. For 
this reasons, all protection measures entering into the scope of Brussels II-bis shall continue 
to be governed by this instrument. However, the protection measures which do not fall under 
the  application  of  Brussels  II-bis,  e.g.  protection  measures  which  would  concern  a  couple 
which  has  not  been  married,  same  sex  partners  or  neighbours,  will  be  covered  by  this 
proposal.  

Article 2 - Definitions 

Protection measures - The definition of the term 'protection measure' stresses the preventive 
and  temporary  nature  of  such  measures,  which  are  taken  in  a  Member  State  with  a  view  to 
protecting  a  person  when  serious  reasons  exist  to  consider  the  persons'  physical  and/or 
psychological integrity or liberty to be at risk. A 'protection measure' may be taken either in 
ex parte proceedings (without the person causing the risk being summoned to appear) or in 
proceedings on notice to both parties. 

Authority  -  The  definition  of  the  term  'authority'  is  broad  in  order  to  include  any  authority 
designated by a Member State as having competence in the matters falling within the scope of 
this  Regulation.  Hence,  the  term  includes  not  only  courts  and  tribunals,  but  also 
administrative  and  other  authorities  which  under  the  national  law  of  a  Member  State  have 
competence in the matters falling within the scope of this Regulation. 

Article 3 - Jurisdiction 

The  rules  of  jurisdiction  should  be  highly  predictable.  Therefore,  they  are  founded  on  the 
principle  that  jurisdiction  is  that  of  the  authorities  of  the  Member  State  where  the  person's 
physical  and/or  psychological  integrity  is  at  risk  and  where  a  person  needs  protection. 
Although  this  generally  dovetails  with  the  habitual  residence  of  the  person  who  needs 

12 

Council  Regulation  (EC)  No  44/2001  of  22  December  2000  on  jurisdiction  and  the  recognition  and 
enforcement of judgments in civil and commercial matters (OJ L 12, 16.1.2001, p. 1). 

EN 

6 

   EN 

 
                                                 
protection,  it  may  be  not  the  case,  i.e.  when  the  person  moves  abroad  for  a  determined  and 
relatively short period of time for study reasons, for example.  

Article 4 - Recognition  

This Article takes inspiration from other mutual recognition instruments in civil law matters, 
namely the proposal for recasting Brussels I and Brussels II-bis, namely on the right of access 
or  the  return  of  the  child.  No  intermediate  procedures  are  required:  the  recognition  is 
automatic.  

Article 5 - Certificate  

The certificate is necessary for the person at risk to invoke the protection measure in another 
Member State. The rationale of Articles 41 and 42 of Brussels II-bis, dealing with decisions 
on the right of access or the return of the child, has been followed.  

The  certificate  will  be  issued,  ex  officio  or  at  the  request  of  the  protected  person,  by  the 
competent authorities of the Member State of origin following the standard form set out in the 
Annex to this Regulation. Then, it will be up to the party who wishes to invoke the measure in 
another  Member  State  to  provide  the  competent  authorities  of  that  Member  State  with  the 
issued certificate. The certificate contains all information relevant for the recognition and/or 
enforcement  of  the  foreign  protection  measure,  in  particular  a  description  of  the  protection 
measure  formulated  in  such  a  way  as  to  allow  the  competent  authorities  of  the  second 
Member  State  to  recognise  it  and,  where  applicable,  enforce  it  under  its  national  law. 
Therefore, neither specific reference to the national law, i.e. Article X of Code Y instead of 
the explication of the measure, nor to local places, i.e. a specific address instead of a general 
reference to the place of work or domicile, must be included in the certificate. 

The  competent  authorities  of  the  second  Member  State  may  request  a  transliteration  or  a 
translation of the content of the certificate, namely of the description of the measure.  

Article 8 - Adaptation 

This Article concerns the case where the foreign protection measure is not known under the 
national law of the second Member State. The competent authority in that Member State will 
therefore have to adapt, to the extent possible, the protection measure to one known under its 
own  law  which  has  similar  effects  attached  to  it  and  pursue  similar  aims  and  interests. 
Adaptation is indeed a recurrent rule in instruments of mutual recognition in civil matters. 

Article 9 - Enforcement of certain protection measures 

Under  national  law  very  few  protection  measures  requires  the  competent  authorities  to 
actively intervene to give effect to them.  

In these cases, the competent authority of the Member State of enforcement will need to apply 
the rules provided under its national law for similar protection measures, without any special 
procedure being required.  

Article 10 - Fundamental rights safeguards 

The  protection  of  the  fundamental  rights  of  the  individual  has  become  an  even  stronger 
priority for the EU with the entry into force of the Lisbon Treaty: the EU Charter has become 

EN 

7 

   EN 

 
legally binding on the Union and the EU is about to accede to the European Convention of 
Human Rights (ECHR). When speaking of victims a range of fundamental rights is relevant: 
human  dignity,  the  right  to  life,  right  to  the  integrity  of  the  person,  right  to  liberty  and 
security,  respect  for  private  and  family  life,  protection  of  personal  data,  right  to  property, 
freedom of movement and residence, equality before the law, the rights of the child, the rights 
of the elderly, integration of persons with disabilities, and right to an effective remedy and to 
a fair trial, and finally presumption of innocence and right of defence. 

As set out in detail in the impact assessment accompanying this proposal and in accordance 
with  the  Union's  Strategy  for  the  effective  implementation  of  the  Charter  of  Fundamental 
Rights of the European Union13, all elements of the Regulation respect the rights set out in the 
Charter of Fundamental rights, and, in particular, the right to an effective remedy and the right 
to a fair trial guaranteed in its Article 47.  

The  abolition  of  any  intermediate  formalities  for  the  recognition  and,  where  applicable,  the 
enforcement in the second Member State of a protection measure taken in the first Member 
State  must  be  accompanied  by  fundamental  rights  safeguards.  This  article  provides  a  solid 
safeguard,  since  the  certificate  cannot  be  issued  when  the  right  to  a  fair  trial  of  the  person 
causing the risk have not been guaranteed.  

Article 12 – Refusal, suspension or withdrawl of recognition or enforcement  

The  recognition  and  where  applicable  the  enforcement  of  protection  measures  taken  in  a 
Member  State  should  be  based  on  the  principle  of  mutual  trust  and  the  grounds  for  non-
recognition should be kept to the minimum required. In accordance with this principle, only 
one ground for refusal is proposed. In the interests of the harmonious administration of justice 
it  is  necessary  to  minimise  the  possibility  of  irreconcilable  decisions.  Therefore,  the 
competent  authority  in  the  Member  State  of  recognition  may,  on  application  by  the  person 
causing the risk, refuse the recognition of the protection measure taken by the court of origin 
if it is irreconcilable with a  decision taken in the Member State of recognition.  

It  is  important  to  ensure  that  when  a  protection  measure  is  suspended  or  withdrawn  in  the 
Member State of origin, the competent authority of the Member State of recognition suspends 
or withdraws the recognition and, where applied, the enforcement of the protection measure. 
It is the responsibility of the person causing the risk to apply for it. To that end, a standardised 
application form is annexed to the proposal. 

Article 13 - Notice 

As  for  other  mutual  recognition  instruments  in  civil  matters,  this  article  provide  for  a  basic 
harmonisation  of  minimum  standards  as  regards  the  necessity  to  bring  to  the  notice  of  the 
person  causing  the  risk  and  to  the  protected  person  any  information  related  to  the  issuing, 
recognition, possible enforcement and sanctions, suspension or withdrawal of the protection 
measure in the first Member State. It also introduces, at paragraph 2, the same obligation for 
the second Member State. This will ensure the respect of fundamental rights as set out in the 
Charter of Fundamental Rights of the European Union. 

13 

Communication  from  the  Commission,  "Strategy  for  the  effective  implementation  of  the  Charter  of 
Fundamental Rights by the European Union" - COM(2010) 573, 19.10.2010. 

EN 

8 

   EN 

 
                                                 
4. 

SUBSIDIARITY AND PROPORTIONALITY 

The  objective  of  the  proposal  cannot  be  sufficiently  achieved  by  Member  States  alone, 
because of the transnational aspects of the issue. It is important to ensure persons do not lose 
the  protection  they  have  been  given  when  they  travel  or  move  abroad.  The  mechanism 
foreseen  in  this  regulation  consisting  in  the  elimination  of  any  intermediate  formalities, 
throught  he  use  of  a  standardised  and  multilingual  certificate  cannot  be  achieved  by  the 
Member  States  alone.  Only  legislation  at  European  level  can  create  a  level  playing  field. 
The proposal therefore complies with the subsidiarity principle. 

The proposal also complies with the proportionality principle in that it does not go beyond the 
minimum  required  in  order  to  achieve  the  stated  objective  at  European  level  and  what  is 
necessary for that purpose. 

EN 

9 

   EN 

 
2011/0130 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on mutual recognition of protection measures in civil matters  

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 81(2)(a), (e) and (f) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee14, 

Having regard to the opinion of the Committee of the Regions15, 

Acting in accordance with the ordinary legislative procedure. 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The European Union has set itself the objective of maintaining and developing an area 
of freedom, security and justice, facilitating access to justice, in particular through the 
principle of mutual recognition of judicial and extra-judicial decisions in civil matters. 
In  order  to  establish  progressively  such  an  area,  the  Union  should  adopt,  amongst 
other  things,  measures  relating  to  judicial  cooperation  in  civil  matters,  particularly 
when necessary for the proper functioning of the internal market. 

This area is within the field of judicial cooperation in civil matters within the meaning 
of Article 81 of the Treaty on the Functioning of the European Union. 

Differences  between  national  rules  governing  protection  measures  hamper  the  sound 
operation  of  the  internal  market.  Provisions  to  ensure  rapid  and  simple  recognition 
and, where applicable, enforcement of protection measures from Member States bound 
by this Regulation are essential to ensure the protection afforded is maintained when a 
person travels or moves to another Member State.  

In  order  to  attain  the  objective  of  free  movement  of  protection  measures,  it  is 
necessary and appropriate that the rules governing jurisdiction and the recognition and, 
where  applicable,  enforcement  of  protection  measures  be  governed  by  a  legal 
instrument of the Union which is binding and directly applicable. 

14 
15 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 

EN 

10 

   EN 

 
                                                 
(5) 

(6) 

(7) 

(8) 

This Regulation applies to protection measures taken in civil proceedings whatever the 
nature  of  the  authority,  be  it  a  court,  a  tribunal,  an  administrative  or  any  other 
authorities.  

This  Regulation  applies  to  all  protection  measures  as  defined  therein.  It  does  not 
however apply to protection measures covered by 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. For measures entering into its scope, this Regulation 
shall  supersede  Council  Regulation  (EC)  No  44/2001  of  22  December  2000  on 
jurisdiction and the recognition and enforcement of judgments in civil and commercial 
matters. 

The rules of jurisdiction should be highly predictable and founded on the principle that 
jurisdiction  is  that  of  the  Member  State  where  the  person's  physical  and/or 
psychological integrity or liberty is at risk. The jurisdiction should always be available 
on this ground.  

The harmonious functioning of justice requires that irreconcilable decisions should not 
be pronounced in two Member States. To this end, this regulation should provide for a 
ground  for  refusal  of  recognition  and/or  enforcement  on  application  by  the  person 
causing the risk in case of irreconcilable decisions.  

(9)  Mutual  trust  in  the  administration  of  justice  in  the  Union  and  the  aim  of  ensuring 
quicker and less costly circulation of protection measures within the European Union 
justify  procedures  for  the  recognition  and/or  enforcement  of  such  measures  without 
any  intermediate  formalities.  As  a  result,  a  protection  measure  taken  in  a  Member 
State should, for recognition and, where applicable, enforcement purposes, be treated 
as if it had been taken in the Member State in which recognition and/or enforcement is 
sought.  

(10)  Where  under  the  law  of  the  second  Member  State,  an  intervention  by  the  competent 
authorities  of  that  Member  State  is  required  in  order  to  give  effect  to  the  protection 
measure, the procedure for such an enforcement of the protection measure should be 
governed by the law of that Member State. 

(11)  This Regulation does not deal with criminal sanctions put in place by Member States 
in  case  of  violation  of  a  protection  measure,  which  continue  to  be  dealt  with  by  the 
national law of each Member State. 

(12) 

In  order  to  facilitate  free  movement  of  protection  measures  within  the  European 
Union, this Regulation should introduce a uniform model of certificate and appoint the 
authority  competent  to  issue  it.  In  order  to  respect  the  principle  of  subsidiarity,  this 
certificate should not replace the internal procedure of the Member States. 

(13)  The certificate should not be subject to appeal. However, if the protection measure is 
suspended  or  withdrawn  in  the  first  Member  State,  the  competent  authority  of  the 
second Member State should, on application by the person causing the risk, suspend or 
withdraw the recognition and/or enforcement of the protection measure. 

EN 

11 

   EN 

 
(14) 

In order to ensure the swift and efficient functioning of this Regulation,the power to 
adopt  acts  in  accordance  with  article  290  of  the  Treaty  on  the  Functioning  of  the 
European Union should be delegated to the Commission in respect of any amendment 
to the forms set out in the Annexes. It is of particular importance that the Commission 
carry  out  appropriate  consultations  during  its  preparatory  work,  including  at  expert 
level. The Commission, when preparing and drawing-up delegated acts, should ensure 
a  simultaneous,  timely  and  appropriate  transmission  of  relevant  documents  to  the 
European Parliament and the Council. 

(15)  This Regulation respects the fundamental rights and observes the principles recognised 
in  particular  by  the  Charter  of  Fundamental  Rights  of  the  European  Union.  In 
particular, it seeks to ensure the rights of the defence and fair trial, as established in 
Article  47  thereof.  This  Regulation  must  be  applied  according  to  these  rights  and 
principles. 

(16)  Since the objective of this Regulation cannot be sufficiently achieved by the Member 
States  and  can  be  better  achieved  at  Union  level,  the  Union  may  adopt  measures  in 
accordance  with  the  principle  of  subsidiarity as  set  out  in  Article  5  of  the  Treaty  on 
European Union. In accordance with the principle of proportionality, as set out in that 
Article, this Regulation does not go beyond what is necessary in order to achieve that 
objective. 

(17) 

[In  accordance  with  Articles  1,  2,  3  and  4  of  Protocol  on  the  position  of  the  United 
Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed 
to the Treaty on European Union and to the Treaty on the Functioning of the European 
Union, the United Kingdom and Ireland have notified their wish to participate in the 
adoption  and  application  of  this  Regulation]  /  [without  prejudice  of  Article  4  of 
Protocol on the position of the United Kingdom and Ireland in respect of the Area of 
Freedom,  Security  and  Justice,  annexed  to the Treaty on  European Union and  to the 
Treaty  on  the  Functioning  of  the  European  Union,  the  United  Kingdom  and  Ireland 
will not participate in the adoption of this Regulation and will not be bound by or be 
subject to its application]. 

(18) 

In accordance with Articles 1 and 2 of Protocol 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 Regulation, and is therefore 
not bound by it or subject to its application, 

EN 

12 

   EN 

 
HAVE ADOPTED THIS REGULATION 

CHAPTER I 

Scope, definitions and jurisdiction 

Article 1 – Scope  

This  Regulation  applies  to  protection  measures  taken  in  civil  matterswhatever  the  nature  of 
the  authority.  It  does  not  apply  to  protection  measures  covered  by  Regulation  (EC)  No 
2201/2003. 

For the purposes of this Regulation: 

Article 2 – Definitions  

(a) 

'protection  measure'  means  any  decision,  whatever  it  may  be  called,  of  a 
preventive  and  temporary  nature  taken  by  an  authority  in  a  Member  State  in 
accordance  with  its  national  law  with  a  view  to  protecting  a  person  when 
serious  reasons  exist  to  consider  the  person's  physical  and/or  psychological 
integrity or liberty to be at risk. It shall include measures ordered without the 
person causing the risk being summoned to appear. 

The following are notably protection measures:  

(i) 

(ii) 

an obligation not to enter certain localities, places or defined areas where 
the protected person resides, works or that he visits; or 

an  obligation  not  to  enter  into  contact,  in  any  form,  with  the  protected 
person, including by phone, electronic or ordinary mail, fax or any other 
means; or 

(iii)  an  obligation  not  to  approach  the  protected  person  closer  than  a 

prescribed distance; or 

(iv)  a  decision  attributing  the  exclusive  use  of  the  common  housing  of  two 

persons to the protected person. 

'authority' shall include any authority designated by a Member State as having 
competence in the matters falling within the scope of this Regulation; 

'Member  State  of  origin'  means  the  Member  State  in  which  the  protection 
measure is taken; 

'Member  State  of  recognition'  means  the  Member  State  in  which  the 
recognition  and,  if  relevant,  the  enforcement  of  the  protection  measure  is 
sought;  

(b) 

(c) 

(d) 

EN 

13 

   EN 

 
Article 3 – Jurisdiction 

The  authorities  of  the  Member  State  where  the  person's  physical  and/or  psychological 
integrity or liberty is at risk shall have jurisdiction. 

CHAPTER II 

Recognition and enforcement of protection measures 

Article 4 – Recognition 

A protection measure taken in a Member State shall be recognised in the other Member States 
without  any  special  procedure  being  required  and  without  any  possibility  of  opposing  its 
recognition if the decision has been certified in the Member State of origin in accordance with 
Article 5. 

Article 5 – Certificate  

1. 

2. 

A party who wishes to invoke in another Member State a protection order recognised 
pursant to this Article shall provide the competent authorities of the Member State of 
recognition with the certificate issued in accordance with this Article. 

The  competent  authorities  of  the  Member  State  of  origin  shall  issue  the  certificate 
using the standard form set out in the Annex, containing, inter alia, a description of 
the measure which shall be formulated in such a way as to facilitate the recognition 
and, where applicable, the enforcement in the second Member State.  

3. 

The certificate shall be issued: 

(i) 

(ii) 

ex-officio  in  case  of  involvement  of  cross-border  situations  at  the  time  of  the 
adoption of the protection measure; for the purpose of this Regulation, a matter 
has  cross-border  implications  except  where  the  risk  for  the  person's  physical 
and/or pscychological integrity or liberty is located exclusively in the Member 
State of origin;  

at  the  request  of  the  protected  person  in  any  other  case;  when  adopting  a 
protection  measure,  the  competent  authority  of  the  Member  State  of  origin 
shall inform the protected person of the possibility of requesting a certificate as 
established by this Regulation.  

4. 

The competent authorities of the Member State of recognition may, where necessary, 
request a transliteration or a translation of the content of the certificate, in accordance 
with Article 15.  

Article 6 – Effects of the certificate 

The certificate shall take effect only within the limits of the enforceability of the decision. 

EN 

14 

   EN 

 
Article 7 – Rectification of the certificate 

1. 

2. 

The law of the Member State of origin shall be applicable to any rectification of the 
certificate.  

No appeal shall lie against the issueing of a certificate.  

Article 8 – Adaptation of the foreign protection measure 

If  a  protection  measure  is  not  known  in  the  Member  State  of  recognition,  the  competent 
authority in that Member State shall, to the extent possible, adapt the protection measure to 
one known under its own law which has equivalent effects attached to it and pursues similar 
aims and interests.  

1. 

2. 

1. 

2. 

Article 9 – Enforcement of certain protection measures  

To the extent that a protection measure taken in one Member State requires under the 
law  of  another  Member  State  an  intervention  by  the  competent  authorities  of  that 
Member State in order to give effect to the protection measure, it shall be enforced in 
that other Member State without the need for a declaration of enforceability.  

The procedure for the enforcement of protection measures taken in another Member 
State shall be governed by the law of the Member State of recognition, including the 
appeal  against  the  adaptation  of  the  protection  measure  taken  in  accordance  with 
Article 8. 

Article 10 – Fundamental rights safeguard  

The authorities of the Member State of origin shall issue the certificate referred to in 
Article 5 only if the fundamental rights safeguards set out in this Article have been 
respected. 

A person causing the risk who did not enter an appearance in the Member State of 
origin shall have the right to apply for a review of the protection measure before the 
competent authorities of that Member State where 

(a)  he  was  not  served  with  the  document  instituting  the  proceedings  or  an 
equivalent document in sufficient time and in such a way as to enable him to 
arrange for his defence; or 

(b)  he  was  prevented  from  contesting  the  protection  measure  by  reason  of  force 
majeure or due to extraordinary circumstances without any fault on his part; 

unless he failed to challenge the protection measure when it was possible for him to 
do so. 

2. 

Where  the  protection  measure  is  taken  without  the  person  causing  the  risk  being 
summoned to appear and is intended to be recognised and/or enforced without prior 

EN 

15 

   EN 

 
service of that person, that person has the right to challenge the measure under the 
law of the Member State of origin.  

Article 11 – No review as to substance  

Under no circumstances may a protection measure taken in a Member State be reviewed as to 
its substance in the Member State in which recognition and/or enforcement is sought. 

1. 

2. 

4. 

1. 

2. 

Article 12 – Refusal, suspension or withdrawl of recognition or enforcement  

The competent authority in the Member State of recognition may, on application by 
the person causing the risk, refuse the recognition of the protection measure taken by 
the court of origin if it is irreconcilable with a decision taken in the Member State of 
recognition. 

If the protection measure is suspended or withdrawn in the Member State of origin, 
the competent authority of the Member State of recognition shall, on application by 
the person causing the risk, suspend or withdraw the recognition and, when applied, 
the enforcement of the protection measure. The application shall be submitted using 
the form set out in Annex II. 

The recognition of a protection measure may not be refused because the law of the 
Member State of recognition does not allow for such a measure based on the same 
facts. 

Article 13 – Notice 

The  competent  authorities  of  the  Member  State  of  origin  shall,  without  delay  and 
according to the law of that Member State, bring to the notice of the person causing 
the risk and to the protected person: 

(i) 

the issuing of a protection measure; 

(ii) 

if applicable, the correspondent measures of enforcement; 

(iii) 

if applicable, the sanctions in case of violation of the protection measure 

(iv)  any suspension or withdrawal of the protection measure. 

Upon  reception  of  the  certificate  pursuant  to  Article  5  provided  by  the  protected 
person, the competent authorities of the Member State of recognition shall, without 
delay  and  where  necessary  according  to  the  rules  of  Regulation  (EC)  No 
1393/200716, bring to the notice of the person causing the risk and to the protected 
person: 

(i) 

the recognition of the protection measure; 

16 

OJ L 324, 10.12.2007, p. 79. 

EN 

16 

   EN 

 
                                                 
(ii) 

if applicable, the correspondent measures of enforcement; 

(iii) 

if applicable, the sanctions in case of violation of the protection measure; 

(iv)  any suspension or withdrawl of the protection measure. 

CHAPTER III 

Other provisions 

Article 14 – Legalisation and other similar formalities 

No legalisation or other similar formality shall be required in the context of this Regulation.  

Article 15 – Transliteration or translation 

When a transliteration or translation is required under this Regulation, such transliteration or 
translation shall be into the official language or one of the official languages of the Member 
State of recognition or any other language that the Member State of recognition has indicated 
it can accept. Any translation made under this Regulation shall be done by a person qualified 
to do translations in one of the Member States.  

Article 16 – Right to legal aid 

An applicant who, in the Member State of origin, has benefited from complete or partial legal 
aid or exemption from costs or expenses, shall be entitled, in any proceeding relating to the 
enforcebility of the protection measure, to benefit from the most favourable legal aid or the 
most  extensive  exemption  from  costs  or  expenses  provided  for  by  the  law  of  the  Member 
State of recognition.  

CHAPTER IV 

General and final provisions 

Article 17 – Transitional provisions 

This  Regulation  shall  apply  to  protection  measures  taken  as  of  the  day  of  entry  into 
application therefor, even if the application for these protection measures was lodged before 
that date. 

EN 

17 

   EN 

 
Article 18 – Amendments to the form 

The Commission shall be empowered to adopt delegated acts in accordance with Article 19 
concerning any amendment to the forms set out in the Annexes. 

1. 

2. 

3. 

4. 

5. 

Article 19 – Exercise of delegation 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 
conditions laid down in this Article. 

The  delegation  of  power  referred  to  in  Article  18  shall  be  conferred  for  an 
indeterminate period of time from the [Date of entry into force of this Regulation]. 

The delegation of powers referred to in Article 18 may be revoked at any time by the 
European Parliament or by the Council. A decision of revocation shall put an end to 
the  delegation  of  the  power  specified  in  that  decision.  It  shall  take  effect  the  day 
following  the  publication  of  the  decision  in  the  Official  Journal  of  the  European 
Union  or  at  a  later  date  specified  therein.  It  shall  not  affect  the  validity  of  any 
delegated acts already in force. 

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council.  

A  delegated  act  adopted  pursuant  to  Article  18  shall  enter  into  force  only  if  no 
objection  has  been  expressed  either  by  the  European  Parliament  or  the  Council 
within a period of 2 months of notification of that act to the European Parliament and 
the Council or if, before the expiry of that period, the European Parliament and the 
Council  have  both  informed  the  Commission  that  they  will  not  object.  That  period 
shall  be  extended  by  [2  months]  at  the  initiative  of  the  European  Parliament  or  the 
Council. 

Article 20 – Review clause 

By [five years from the date of application in Article 23] at the latest, the Commission shall 
submit  a  report  to  the  European  Parliament,  the  Council  and  the  European  Economic  and 
Social  Committee  on  the  application  of  this  Regulation.  If  necessary,  the  report  shall  be 
accompanied by proposals for adaptation. 

Article 21 – Information made available to the public  

Within  the  framework  of  the  European  Judicial  Network  in  civil  and  commercial  matters 
established  by  Council  Decision  2001/470/EC17,  the  Member  States  shall  provide  a 
description  of  the  national  rules  and  procedures  concerning  protection  measures,  including 
authorities competent for recognition and/or enforcement with a view to making it available to 
the public. 

17 

OJ L 174, 27.06.2001, p. 25. 

EN 

18 

   EN 

 
                                                 
Member States shall keep that information permanently updated. 

Article 22 – Communication by the Member States 

By  [1  year  before  the  entry  into  force  of  this  Regulation],  the  Member  State  shall 
communicate to the Commission 

(a) 

(b) 

the authorities having competence in the matters falling within the scope of this 
Regulation; 

the languages accepted for translations of the of the certificate as referred to in 
Article 15. 

The  Commission  shall  make  the  information  publicly  available  through  any  appropriate 
means, in particular through the European Judicial Network in civil and commercial matters 
established by Decision 2001/470. 

Article 23 – Entry into force and application 

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

It shall apply from [12 months after its entry into force]. 

This Regulation shall be binding in its entirety and directly applicable in the Member States in 
accordance with the treaties.  

Done at […] 

EN 

19 

   EN 

 
ANNEX I 

CERTIFICATE MENTIONED UNDER ARTICLE 5 

1. 

MEMBER STATE OF ORIGIN 

AT □ BE □ BG □ CY □ CZ □ DE □ EE □ EL □ ES □ FI □ FR □ HU □ IE □ IT □ LT □ LU □ 
LV □ MT □ NL □ PL □ PT □ RO □ SE □ SI □ SK □ UK □ 

EN 

20 

   EN 

 
2. 

2.1 

2.2 

2.3 

3. 

3.1 

3.2 

3.3 

4. 

4.1 

4.2 

4.3 

COMPETENT AUTHORITY ISSUING THE CERTIFICATE 

Name: 

Address: 

Telephone/Fax/E-mail: 

PROTECTED PERSON 

Full Name (surname, first name) 

Address to be used for notice purposes as provided by Article 13 

Date and place of birth (where available) 

PERSON CAUSING THE RISK 

Full Name (surname, first name): 

Address to be used for notice purposes as provided by Article 13 

Date and place of birth (where available) 

5. 

PROTECTION MEASURE 

5.1 

Date and reference number: 

6. 

DESCRIPTION OF THE PROTECTION MEASURE18 

I, the undersigned, hereby certify that the protection measure has been taken in the 
Member State of origin against the person causing the risk set out in point 4 and that the 
fundamental rights safeguards set out in Article 10 have been respected. 
If additional pages have been attached, state the number of pages: … 
Done at: … 

Signature and/or stamp of the competent authority of the Member State of origin: 

18 

The description of the protection measure must be formulated in such a way as to allow the competent 
authorities  of  the  second  Member  State  to  recognise  it  and,  where  applicable,  enforce  it  under  the 
national law of that Member State. Therefore, neither specific reference to the national law, i.e. Article 
X of Code Y instead of the explication of the measure, nor to local places, i.e. a specific address instead 
of a general reference to the place of work or domicile, must be included. Hence, a general description 
of  the  measure  must  be  provided,  e.g.  obligation  not  to  enter  the  place  where  the  protected  person 
works, instead of obligation not to approach Street X or of protection measure adopted according to Art. 
X of Law Y. In case the protection measure is not known or is regulated slight differently in the second 
Member State, the authority of that Member State will, to the extent possible, adapt the measure to one 
known under its law which has similar effects and pursues the same aims. 

EN 

21 

   EN 

 
                                                 
ANNEX II 

APPLICATION FOR SUSPENSION OR WITHDRAWL OF RECOGNITION OR 
ENFORCEMENT UNDER ARTICLE 12 

1. 

1.1 

1.2 

1.3 

2. 

2.1 

2.2 

2.3 

APPLICANT (PERSON CAUSING THE RISK) 

Full Name (surname, first name) 

Address to be used for notice purposes as provided by Article 13 

Date and place of birth (where available) 

COMPETENT AUTHORITY IN THE MEMBER STATE OF ORIGIN 

Name 

Address 

Member State 

AT □ BE □ BG □CY □ CZ □ DE □ EE □ EL □ ES □ FI □ FR □ HU □ IE □ IT □ LT □ LU □ 
LV □ MT □ NL □ PL □ PT □ RO □SE □ SI □ SK □ UK □ 

2.4. Telephone/Fax/E-mail 

3. 

3.1 

3.2 

4. 

4.1 

4.2 

4.3 

DECISION  SUSPENDING  OR  WITHDRAWING  A  PROTECTION 
MEASURE  

Date and reference number  

Summary of the decision suspending or withdrawing a protection measure 

PROTECTED PERSON 

Full Name (surname, first name) 

Address to be used for notice purposes as provided by Article 13 

Date and place of birth (where available) 

If additional pages have been attached, state the number of pages: … 
Done at: … 

Signature: 

EN 

22 

   EN