Proposal for a COUNCIL DECISION authorizing Austria and Malta to accede to the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters in the interest of the European Union
Date: 2013-06-06
Institutions: European Commission
Subjects: Austria, Malta, accession to an agreement, international convention, judicial cooperation

EUROPEAN 
COMMISSION 

Brussels, 6.6.2013  
COM(2013) 338 final 

2013/0177 (NLE) 

Proposal for a 

COUNCIL DECISION 

authorizing Austria and Malta to accede to the Hague Convention of 15 November 1965 
on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial 
Matters in the interest of the European Union 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

1.1. 

Purpose of the proposal 

The  Hague  Convention  of  15  November  1965  on  the  Service  Abroad  of  Judicial  and 
Extrajudicial  Documents  in  Civil  or  Commercial  Matters  (hereinafter:  the  Hague  Service 
Convention)  provides  for  the  channels  of  transmission  to  be  used  when  a  judicial  or 
extrajudicial document has to be transmitted from one Contracting State to the Convention to 
another  Contracting  State  for  the  service  in  the  latter.  The  Hague  Service  Convention 
simplifies  the  method  of  transmission  of  judicial  and  extrajudicial  documents.  The  main 
channel  of  transmission,  in  lieu  of  consular  and  diplomatic  channels,  is  through  a  Central 
Authority,  who  shall  serve  the  documents  or  shall  arrange  to  have  them  served.  The 
Convention  also  provides  for  several  alternative  methods  of  transmission  (e.g.  postal 
channels). It also aims to establish a system which, to extent possible, brings actual notice of 
the document to be served to the recipient in sufficient time to enable him to defend himself. 
Furthermore,  the  Convention  facilitates  proof  that  the  service  has  been  affected  abroad,  by 
mean of certificates contained in a uniform model.  
The  Hague  Service  Convention  falls  within  the  exclusive  external  competence  of  the 
European Union following the adoption of the Union internal rules on service of documents in 
the Council Regulation (EC) No 1348/2000, repealed by the Regulation (EC) No 1393/2007 
of  the  European  Parliament  and  of  the  Council  of  13  November  2007  on  the  service  in  the 
Member States of judicial and extrajudicial documents in civil or commercial matters (service 
of  documents),  and  repealing  Council  Regulation  (EC)  No  1348/20001.  Consequently,  the 
Member  States  cannot  conclude  the  Hague  Service  Convention  without  being  authorized  to 
do so. 

24 Member States had acceded to the Hague Service Convention before the adoption of EU 
legislation.  The  remaining  Member  States  which  have  to  be  authorised  to  accede  to  the 
convention are Austria and Malta2.  

The Commission therefore proposes that the Council authorizes Austria and Malta to accede 
to the Hague Service Convention in the interest of the European Union. The Convention does 
not have a clause allowing the EU itself to accede.  

1.2. 

Importance of accession to the Hague Service Convention  

The  Hague  Service  Convention,  improving  the  transmission  of  judicial  and  extrajudicial 
documents  abroad  is  particularly  important  for  the  European  Union  and  its  Member  States 
because it facilitates judicial cooperation in cross-border litigation in relations with the third 
states, parties to the Convention. The Convention is broadly ratified, counting 67 Contracting 
States at the moment. 

1 

2 

Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 
on  the  service  in  the  Member  States  of  judicial  and  extrajudicial  documents  in  civil  or  commercial 
matters  (service  of  documents),  and  repealing  Council  Regulation  (EC)  No  1348/2000,  OJ  L  324, 
10.12.2007, p. 79. 
Malta has already deposited its instrument of accession without being authorised and the Commission 
has  taken  necessary  measures.  Following  accession,  on  1  August  2012,  Malta  made  following 
declaration:  "Malta  declares  that  its  accession  to  the  Convention  will  only  take  effect  upon  the 
completion of procedures relating to the said accession within the European Union and, in particular, 
the adoption of a Council Decision authorizing Malta to accede to this Convention. Once this adoption 
takes  place,  Malta  will  notify  the  depositary  of  the  date  when  the  said  Convention  will  become 
applicable  to  Malta"  (declaration  published  at  the  website  of  the  Hague  Conference  on  Private 
International Law http://www.hcch.net/index_en.php?act=status.comment&csid=1101&disp=eif). 

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Austria and Malta have expressed their interest in acceding to the Hague Service Convention. 
Their accession to the Convention would correspond with the policy commitment of acceding 
to the instruments of the Hague Conference on Private International Law, where there is an 
EU  interest,  undertaken  by  the  EU  when  it  became  a  member  of  the  Hague  Conference  in 
2007. 
Furthermore,  the  EU  in  its  external  relations  has  been  promoting  the  accession  of  third 
countries to the Hague Service Convention as an efficient and reliable system for the service 
of judicial and extrajudicial documents. It would be consistent with this approach that all the 
Member States of the EU itself are Contracting States to the Convention. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

In the relevant working party in the Council Austria and Malta have confirmed their interest 
in  acceding  to  the  Hague  Service  Convention.  The  Permanent  Bureau  of  the  Hague 
Conference on Private International Law has conveyed interest of third countries Party to the 
Convention to extend it to all EU Member States.  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

3.1. 

Competence of the EU with respect to the Hague Service Convention 

In accordance with Article 3(2) of the Treaty on the Functioning of the European Union and 
the  case  law3  of  the  European  Court  of  Justice,  the  matter  of  service  of  judicial  and 
extrajudicial documents falls into the exclusive external competence of the European Union, 
because  of  the  adoption  of  internal  Union  legislation  by  means  of  Regulation  (EC)  No 
1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil 
or  commercial  matters.  The  Member  States  therefore  no  longer  have  the  right  to  contract 
obligations with third countries which affect these rules.  
In  particular,  Article  3(2)  TFEU  provides  that  the  Union  has  exclusive  competence  for  the 
conclusion of an international agreement in so far as its conclusion may affect common rules 
or alter their scope. Under this rule, in accordance with the case law, an agreement falls within 
the  EU's  exclusive  competence  when  it  can  be  demonstrated  that  the  subject  matter  of  the 
agreement falls within the scope of internal common rules, or within an area already largely 
covered  by  such  rules,  or  rules  have  been  adopted  in  areas  falling  outside  common  policies 
and, in particular, in areas where there are harmonising measures, regardless of whether there 
is or is not a contradiction between those common rules and the agreement. 
Regulation (EC) No 1393/2007 applies to civil and commercial matters when it is necessary 
to transmit judicial or extrajudicial documents for service from one Member State to another. 
Agencies  designated  by  the  Member  States  are  responsible  for  transmitting  and  receiving 
documents. The Regulation sets up a system that reflects the one provided for by the Hague 
Service  Convention,  therefore  the  subject  matter  of  the  Hague  Service  Convention  clearly 
falls within the scope of the EU internal legislation. Consequently, the European Union has 
exclusive competence over the Hague Service Convention. 

3 

Opinion 1/03 of  the  Court  of  7  February 2006 on  the  competence  of  the  Community  to  conclude  the 
new  Lugano  Convention  on  Jurisdiction  and  the  Recognition  and  Enforcement  of  Judgments  in  Civil 
and Commercial Matters, European Court reports 2006 Page I-01145. 

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Furthermore, the Union has already exercised its external competence in the matter of service 
of  documents  by  concluding  international  agreement  with  Denmark  on  the  service  of 
documents4.  

3.2. 

Authorization of the Member States 

Since the Hague Service Convention has no Regional Economic Organization clause, it is not 
possible  for  the  European  Union  to  become  a  Contracting  Party  to  the  Convention.  It  is 
therefore necessary for the Union to exercise its powers through its Member States and thus 
authorise  the  Member  States  concerned  to  accede  to  the  Hague  Service  Convention  in  the 
interest of the Union. There are several precedents in the area of civil justice, the most recent 
one is evidenced by the Council Decision 2008/431/EC authorising certain Member States to 
ratify, or accede to, in the interest of the European Community, the 1996 Hague Convention 
on  Jurisdiction,  Applicable  Law,  Recognition,  Enforcement  and  Cooperation  in  respect  of 
Parental  Responsibility  and  Measures  for  the  Protection  of  Children  and  authorising  certain 
Member  States  to  make  a  declaration  on  the  application  of  the  relevant  internal  rules  of 
Community law5. 
The Hague Service Convention provides for a possibility for the Contracting States to make 
declarations  with  regard  to  a  number  of  its  provisions,  e.g.  Article  8(2),  Article  10,  Article 
15(2),  Article  16(3).  The  EU  Member  States,  Contracting  States  to  the  Convention,  entered 
various declarations. The situation is not uniform: e. g. a number of Member States entered 
declaration  on  Article  8(2)  granting  diplomatic  and  consular  agents  the  power  to  serve 
documents  on  their  own  national  only,  while  some  others  opposed  only  to  methods  of 
transmission  provided  in  Article  10.  Declarations  pursuant  to  Article  16(3)  providing  for 
application  for  relief  are  different  e.g.  as  concerns  the  time  limit  to  fill  the  application. 
Against this backdrop, it is not reasonable to require the Member States concerned to make 
uniform  declaration(s),  if  any.  In  conclusion,  the  Member  States  concerned  should,  when 
acceding  to  the  Convention,  make  all  appropriate  declarations  allowed  under  its  provisions 
that  they  deem  necessary.  The  text  of  such  declarations  should  be  attached  to  the  Council 
decision though. 

4 

5 

Agreement  between  the  European  Community  and  the  Kingdom  of  Denmark  on  jurisdiction  and  the 
recognition and enforcement of judgments in civil and commercial matters, OJ L 299, 16 11 2005, p. 
62. 
OJ L 151, 11.06.2008, p. 36. 

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2013/0177 (NLE) 

Proposal for a 

COUNCIL DECISION 

authorizing Austria and Malta to accede to the Hague Convention of 15 November 1965 
on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial 
Matters in the interest of the European Union 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 81(2) and 218(6)(a) thereof, 

Having regard to the proposal from the European Commission, 
Having regard to the consent of the European Parliament6,  

Whereas: 

(1) 

(2) 

(3) 

(4) 

The Hague Convention of 15 November 1965 on the Service Abroad of Judicial and 
Extrajudicial Documents in Civil or Commercial Matters (hereinafter referred to as the 
"Hague  Service  Convention")  simplifies  methods  of  transmission  of  judicial  and 
extrajudicial  documents  between  the  Contracting  States.  It  thus  facilitates  judicial 
cooperation  in  cross-border  civil  and  commercial  litigation.  The  Hague  Service 
Convention  has  been  broadly  ratified  globally.  Promotion  of  the  accession  by  third 
states to the Hague Service Convention is a part of the EU external policy in the area 
of civil justice. 

The  European  Union  has  exclusive  external  competence  with  regard  to  the  Hague 
Service Convention insofar as its provisions affect the rules laid down in Regulation 
(EC) No 1393/2007 of the European Parliament and the Council of 13 November 2007 
on the service in the Member States of judicial and extrajudicial documents in civil or 
commercial  matters  (service  of  documents),  and  repealing  Council  Regulation  (EC) 
No 1348/20007. 

The Hague Service Convention is not open to participation by regional organizations. 
As a result, the European Union is not in a position to accede to the Convention.  

Given  that  the  Hague  Service  Convention  is  important  for  the  European  Union 
interests,  the  Council  should  authorize  the  Member  States  which  had  not  concluded 
the Hague Service Convention before adoption of the Union measures to accede to the 
Convention in the interest of the European Union, subject to the conditions laid down 
in  this  Decision.  The  Member  States  to  which  this  decision  is  addressed  are  Austria 
and Malta.  

(5) 

The Hague Service Convention provides for a possibility for the Contracting States to 
make declarations with regard to a number of its provisions. Accordingly, Austria and 
Malta  should,  when  acceding  to  the  Convention,  make  all  appropriate  declarations 

6 
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OJ C , , p. . 
OJ L 324, 10.12.2007, p. 79. 

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(6) 

(7) 

allowed  under its provisions that they deem necessary. The text of such declarations 
should be attached to this Decision.  

The United Kingdom and Ireland are bound by Regulation (EC) No 1393/2007 of the 
European  Parliament  and  of  the  Council  on  the  service  in  the  Member  States  of 
judicial  and  extrajudicial  documents  in  civil  or  commercial  matters  (service  of 
documents), and repealing Council Regulation (EC) No 1348/20008
 and are therefore 
taking part in the adoption of this Decision. 

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, 

HAS ADOPTED THIS DECISION:  

Article 1 

1. Without prejudice to the European Union’s powers, Austria and Malta shall accede to the 
Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial 
Documents in Civil or Commercial Matters in the interest of the European Union. 

2. The text of the Hague Service Convention is attached to this Decision as Annex I. 

Article 2 

1.  When  acceding  to  the  Hague  Service  Convention,  Austria  and  Malta  shall  make  the 
appropriate declarations allowed under the provisions of the Convention.  

2. The text of the declarations is attached to this Decision as Annex II. 

Article 3 

1.  Member  States  concerned  shall  take  the  necessary  steps  to  deposit  their  instruments  of 
accession to the Hague Service Convention within a reasonable time and, if possible, before 
31 December 2014. 

2.  Member  States  concerned  shall  inform  the  Council  and  the  Commission,  before  1  July 
2014, of the prospective date of conclusion of their accession procedures. 

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

Article 4 

When  acceding  to  the  Hague  Service  Convention,  Austria  and  Malta  shall  inform  the 
Permanent  Bureau  of  the  Hague  Conference  on  Private  International  Law  in  writing  that 
accession has taken place in accordance with this Decision. 

Article 5 

8 

OJ L 324, 10.12.2007, p. 79. 

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This Decision is addressed to Austria and Malta in accordance with the Treaties. 

Done at Brussels,  

Article 6 

For the Council 
The President 

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ANNEX I 

CONVENTION ON THE SERVICE ABROAD OF JUDICIAL AND 
EXTRAJUDICIAL DOCUMENTS IN CIVIL OR COMMERCIAL MATTERS 
(Concluded 15 November 1965) 

The States signatory to the present Convention, 
Desiring to create appropriate means to ensure that judicial and extrajudicial documents to be 
served abroad shall be brought to the notice of the addressee in sufficient time, 
Desiring  to  improve  the  organisation  of  mutual  judicial  assistance  for  that  purpose  by 
simplifying and expediting the procedure, 
Have  resolved  to  conclude  a  Convention  to  this  effect  and  have  agreed  upon  the  following 
provisions: 

Article 1 
The present Convention shall apply in all cases, in civil or commercial matters, where there is 
occasion to transmit a judicial or extrajudicial document for service abroad. 
This  Convention  shall  not  apply  where  the  address  of  the  person  to  be  served  with  the 
document is not known. 

CHAPTER I – JUDICIAL DOCUMENTS 
Article 2 
Each  Contracting  State  shall  designate  a  Central  Authority  which  will  undertake  to  receive 
requests for service coming from other Contracting States and to proceed in conformity with 
the provisions of Articles 3 to 6. 
Each State shall organise the Central Authority in conformity with its own law. 

Article 3 
The authority or judicial officer competent under the law of the State in which the documents 
originate shall forward to the Central Authority of the State addressed a request conforming to 
the model annexed to the present Convention, without any requirement of legalisation or other 
equivalent formality. 
The document to be served or a copy thereof shall be annexed to the request. The request and 
the document shall both be furnished in duplicate. 

Article 4 
If the Central Authority considers that the request does not comply with the provisions of the 
present  Convention  it  shall  promptly  inform  the  applicant  and  specify  its  objections  to  the 
request. 

Article 5 
The Central Authority of the State addressed shall itself serve the document or shall arrange to 
have it served by an appropriate agency, either – 
a) by a method prescribed by its internal law for the service of documents in domestic actions 
upon persons who are within its territory, or 
b)  by  a  particular  method  requested  by  the  applicant,  unless  such  a  method  is  incompatible 
with the law of the State addressed. 
Subject to sub-paragraph (b) of the first paragraph of this Article, the document may always 
be served by delivery to an addressee who accepts it voluntarily. 
If  the  document  is  to  be  served  under  the  first  paragraph  above,  the  Central  Authority  may 
require  the  document  to  be  written  in,  or  translated  into,  the  official  language  or  one  of  the 
official languages of the State addressed. 
That  part  of  the  request,  in  the  form  attached  to  the  present  Convention,  which  contains  a 
summary of the document to be served, shall be served with the document. 

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Article 6 

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The Central Authority of the State addressed or any authority which it may have designated 
for that purpose, shall complete a certificate in the form of the model annexed to the present 
Convention. 
The certificate shall state that the document has been served and shall include the method, the 
place  and  the  date  of  service  and  the  person  to  whom  the  document  was  delivered.  If  the 
document has not been served, the certificate shall set out the reasons which have prevented 
service. 
The  applicant  may  require  that  a  certificate  not  completed  by  a  Central  Authority  or  by  a 
judicial authority shall be countersigned by one of these authorities. 
The certificate shall be forwarded directly to the applicant. 

Article 7 
The  standard  terms  in  the  model  annexed  to  the  present  Convention  shall  in  all  cases  be 
written either in French or in English. They may also be written in the official language, or in 
one of the official languages, of the State in which the documents originate. 
The corresponding blanks shall be completed either in the language of the State addressed or 
in French or in English. 

Article 8 
Each  Contracting  State  shall  be  free  to  effect  service  of  judicial  documents  upon  persons 
abroad,  without  application  of  any  compulsion,  directly  through  its  diplomatic  or  consular 
agents. 
Any  State  may  declare  that  it  is  opposed  to  such  service  within  its  territory,  unless  the 
document is to be served upon a national of the State in which the documents originate. 

Article 9 
Each  Contracting  State  shall  be  free,  in  addition,  to  use  consular  channels  to  forward 
documents, for the purpose of service, to those authorities of another Contracting State which 
are designated by the latter for this purpose. 
Each Contracting State may, if exceptional circumstances so require, use diplomatic channels 
for the same purpose. 

Article 10 
Provided  the  State  of  destination  does  not  object,  the  present  Convention  shall  not  interfere 
with – 
a) the freedom to send judicial documents, by postal channels, directly to persons abroad, 
b) the freedom of judicial officers, officials or other competent persons of the State of origin 
to effect service of judicial documents directly through the judicial officers, officials or other 
competent persons of the State of destination, 
c) the freedom  of any  person interested in a  judicial proceeding  to effect service of judicial 
documents  directly  through  the  judicial  officers,  officials  or  other  competent  persons  of  the 
State of destination. 

Article 11 
The  present  Convention  shall  not  prevent  two  or  more  Contracting  States  from  agreeing  to 
permit, for the purpose of service of judicial documents, channels of transmission other than 
those provided for in the preceding Articles and, in particular, direct communication between 
their respective authorities. 

Article 12 
The service of judicial documents coming from a Contracting State shall not give rise to any 
payment or reimbursement of taxes or costs for the services rendered by the State addressed. 
The applicant shall pay or reimburse the costs occasioned by –- 
a) the employment of a judicial officer or of a person competent under the law of the State of 
destination, 
b) the use of a particular method of service. 

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Article 13 

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Where  a  request  for  service  complies  with  the  terms  of  the  present  Convention,  the  State 
addressed may refuse to comply therewith only if it deems that compliance would infringe its 
sovereignty or security. 
It  may  not  refuse  to  comply  solely  on  the  ground  that,  under  its  internal  law,  it  claims 
exclusive jurisdiction over the subject-matter of the action or that its internal law would not 
permit the action upon which the application is based. 
The  Central  Authority  shall,  in  case  of  refusal,  promptly  inform  the  applicant  and  state  the 
reasons for the refusal. 

Article 14 
Difficulties  which  may  arise  in  connection  with  the  transmission  of  judicial  documents  for 
service shall be settled through diplomatic channels. 
Article 15 
Where  a  writ  of  summons  or  an  equivalent  document  had  to  be  transmitted  abroad  for  the 
purpose of service, under the provisions of the present Convention, and the defendant has not 
appeared, judgment shall not be given until it is established that – 
a) the document was served by a method prescribed by the internal law of the State addressed 
for the service of documents in domestic actions upon persons who are within its territory, or 
b) the document was actually delivered to the defendant or to his residence by another method 
provided for by this Convention, 
and that in either of these cases the service or the delivery was effected in sufficient time to 
enable the defendant to defend. 
Each Contracting State shall be free to declare that the judge, notwithstanding the provisions 
of  the  first  paragraph  of  this  Article,  may  give judgment  even if no certificate  of service or 
delivery has been received, if all the following conditions are fulfilled – 
a) the document was transmitted by one of the methods provided for in this Convention, 
b)  a  period  of  time  of  not  less  than  six  months,  considered  adequate  by  the  judge  in  the 
particular case, has elapsed since the date of the transmission of the document, 
c) no certificate of any kind has been received, even though every reasonable effort has been 
made to obtain it through the competent authorities of the State addressed. 
Notwithstanding the provisions of the preceding paragraphs the judge may order, in case of 
urgency, any provisional or protective measures. 

Article 16 
When  a  writ  of  summons  or  an  equivalent  document  had  to  be  transmitted  abroad  for  the 
purpose of service, under the provisions of the present Convention, and a judgment has been 
entered against a defendant who has not appeared, the judge shall have the power to relieve 
the defendant from the effects of the expiration of the time for appeal from the judgment if the 
following conditions are fulfilled – 
a)  the  defendant,  without  any  fault  on  his  part,  did  not  have  knowledge  of  the  document  in 
sufficient time to defend, or knowledge of the judgment in sufficient time to appeal, and 
b) the defendant has disclosed a prima facie defence to the action on the merits. 
An application for relief may be filed only within a reasonable time after the defendant has 
knowledge of the judgment. 
Each  Contracting  State  may  declare  that  the  application  will  not  be  entertained  if  it  is  filed 
after the expiration of a time to be stated in the declaration, but which shall in no case be less 
than one year following the date of the judgment. 
This Article shall not apply to judgments concerning status or capacity of persons. 

CHAPTER II – EXTRAJUDICIAL DOCUMENTS 
Article 17 
Extrajudicial  documents  emanating  from  authorities  and  judicial  officers  of  a  Contracting 
State  may  be  transmitted  for  the  purpose  of  service  in  another  Contracting  State  by  the 
methods and under the provisions of the present Convention. 

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CHAPTER III – GENERAL CLAUSES 
Article 18 
Each  Contracting  State  may  designate  other  authorities  in  addition  to  the  Central  Authority 
and shall determine the extent of their competence. 
The applicant shall, however, in all cases, have the right to address a request directly to the 
Central Authority. 
Federal States shall be free to designate more than one Central Authority. 

Article 19 
To  the  extent  that  the  internal  law  of  a  Contracting  State  permits  methods  of  transmission, 
other than those provided for in the preceding Articles, of documents coming from abroad, for 
service within its territory, the present Convention shall not affect such provisions. 

Article 20 
The present Convention shall not prevent an agreement between any two or more Contracting 
States to dispense with – 
a)  the  necessity  for  duplicate  copies  of  transmitted  documents  as  required  by  the  second 
paragraph of Article 3, 
b) the language requirements of the third paragraph of Article 5 and Article 7, 
c) the provisions of the fourth paragraph of Article 5, 
d) the provisions of the second paragraph of Article 12. 

Article 21 
Each  Contracting  State  shall,  at  the  time  of  the  deposit  of  its  instrument  of  ratification  or 
accession, or at a later date, inform the Ministry of Foreign Affairs of the Netherlands of the 
following – 
a) the designation of authorities, pursuant to Articles 2 and 18, 
b) the designation of the authority competent to complete the certificate pursuant to Article 6, 
c)  the  designation  of  the  authority  competent  to  receive  documents  transmitted  by  consular 
channels, pursuant to Article 9. 
Each Contracting State shall similarly inform the Ministry, where appropriate, of – 
a) opposition to the use of methods of transmission pursuant to Articles 8 and 10, 
b)  declarations  pursuant  to  the  second  paragraph  of  Article  15  and  the  third  paragraph  of 
Article 16, 
c) all modifications of the above designations, oppositions and declarations. 

Article 22 
Where Parties to the present Convention are also Parties to one or both of the Conventions on 
civil  procedure  signed  at  The  Hague  on  17th  July  1905,  and  on  1st  March  1954,  this 
Convention shall replace as between them Articles 1 to 7 of the earlier Conventions. 

Article 23 
The  present  Convention  shall  not  affect  the  application  of  Article  23  of  the  Convention  on 
civil procedure signed at The Hague on 17th July 1905, or of Article 24 of the Convention on 
civil procedure signed at The Hague on 1st March 1954. 
These  Articles  shall,  however,  apply  only  if  methods  of  communication,  identical  to  those 
provided for in these Conventions, are used. 

Article 24 
Supplementary  agreements  between  Parties  to  the  Conventions  of  1905  and  1954  shall  be 
considered as equally applicable to the present Convention, unless the Parties have otherwise 
agreed. 

Article 25 
Without  prejudice  to  the  provisions  of  Articles  22  and  24,  the  present  Convention  shall  not 
derogate from Conventions containing provisions on the matters governed by this Convention 
to which the Contracting States are, or shall become, Parties. 

EN 

Article 26 

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The  present  Convention  shall  be  open  for  signature  by  the  States  represented  at  the  Tenth 
Session of the Hague Conference on Private International Law. 
It shall be ratified, and the instruments of ratification shall be deposited with the Ministry of 
Foreign Affairs of the Netherlands. 

Article 27 
The present Convention shall enter into force on the sixtieth day after the deposit of the third 
instrument of ratification referred to in the second paragraph of Article 26. 
The Convention shall enter into force for each signatory State which ratifies subsequently on 
the sixtieth day after the deposit of its instrument of ratification. 

Article 28 
Any  State  not  represented  at  the  Tenth  Session  of  the  Hague  Conference  on  Private 
International  Law  may  accede  to  the  present  Convention  after  it  has  entered  into  force  in 
accordance  with  the  first  paragraph  of  Article  27.  The  instrument  of  accession  shall  be 
deposited with the Ministry of Foreign Affairs of the Netherlands. 
The Convention shall enter into force for such a State in the absence of any objection from a 
State,  which  has  ratified  the  Convention  before  such  deposit,  notified  to  the  Ministry  of 
Foreign Affairs of the Netherlands within a period of six months after the date on which the 
said Ministry has notified it of such accession. 
In the absence of any such objection, the Convention shall enter into force for the acceding 
State on the first day of the month following the expiration of the last of the periods referred 
to in the preceding paragraph. 

Article 29 
Any  State  may,  at  the  time  of  signature,  ratification  or  accession,  declare  that  the  present 
Convention  shall  extend  to  all  the  territories  for  the  international  relations  of  which  it  is 
responsible,  or  to  one  or  more  of  them.  Such  a  declaration  shall  take  effect  on  the  date  of 
entry into force of the Convention for the State concerned. 
At any time thereafter, such extensions shall be notified to the Ministry of Foreign Affairs of 
the Netherlands. 
The Convention shall enter into force for the territories mentioned in such an extension on the 
sixtieth day after the notification referred to in the preceding paragraph. 

Article 30 
The  present  Convention  shall  remain  in  force  for  five  years  from  the  date  of  its  entry  into 
force in accordance with the first paragraph of Article 27, even for States which have ratified 
it or acceded to it subsequently. 
If there has been no denunciation, it shall be renewed tacitly every five years. 
Any  denunciation  shall  be  notified  to  the  Ministry  of  Foreign  Affairs  of  the  Netherlands  at 
least six months before the end of the five year period. 
It may be limited to certain of the territories to which the Convention applies. 
The  denunciation  shall  have  effect  only  as  regards  the  State  which  has  notified  it.  The 
Convention shall remain in force for the other Contracting States. 

Article 31 
The Ministry of Foreign Affairs of the Netherlands shall give notice to the States referred to 
in  Article  26,  and  to  the  States  which  have  acceded  in  accordance  with  Article  28,  of  the 
following – 
a) the signatures and ratifications referred to in Article 26; 
b)  the  date  on  which  the  present  Convention  enters  into  force  in  accordance  with  the  first 
paragraph of Article 27; 
c) the accessions referred to in Article 28 and the dates on which they take effect; 
d) the extensions referred to in Article 29 and the dates on which they take effect; 
e) the designations, oppositions and declarations referred to in Article 21; 
f) the denunciations referred to in the third paragraph of Article 30. 

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In  witness  whereof  the  undersigned,  being  duly  authorised  thereto,  have  signed  the  present 
Convention. 
Done  at  The  Hague,  on  the  15th  day  of  November,  1965,  in  the  English  and  French 
languages, both texts being equally authentic, in a single copy which shall be deposited in the 
archives of the Government of the Netherlands, and of which a certified copy shall be sent, 
through the diplomatic channel, to each of the States represented at the Tenth Session of the 
Hague Conference on Private International Law.  

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Declarations of the Member States to be made 

Austria makes the following declarations: 

ANNEX II 

( … ) 

and 

Malta makes the following declarations: 

Pursuant to Article 8 of the Convention, the Government of Malta declares, that it is opposed 
to service of documents within the territory of Malta effected directly through the diplomatic 
or consular agents of other Contracting States, in accordance with the first paragraph of the 
said Article 8, other than upon the national of the Contracting State effecting such service. 

Pursuant to Article 10 of the Convention, the Government of Malta declares, that it is opposed 
to the use by other  Contracting States of any of the  methods of transmission and  service of 
documents mentioned in the said Article 10 within its territory.  

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