Council Decision (EU) 2024/414 of 21 December 2023 on the signing, on behalf of the European Union, of the United Nations Convention on the International Effects of Judicial Sales of Ships, adopted by the United Nations General Assembly in New York on 7 December 2022
Date: 2023-12-21
Institutions: Council of the European Union
Subjects: UN convention, enforcement of ruling, judicial cooperation, jurisdiction, maritime shipping, private international law, sale, signature of an agreement, vessel




L_202400414EN.000101.fmx.xml












Official Journal of the European Union


EN
Series L













2024/414


29.1.2024







            COUNCIL DECISION (EU) 2024/414
of 21 December 2023
         
on the signing, on behalf of the European Union, of the United Nations Convention on the International Effects of Judicial Sales of Ships, adopted by the United Nations General Assembly in New York on 7 December 2022
         


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to the proposal from the European Commission,

Whereas:







(1)


On 23 May 2022, the Council authorised the Commission to open negotiations on a convention on the international effects of judicial sales of ships. Those negotiations were successfully concluded by the adoption of the text of the United Nations Convention on the International Effects of Judicial Sales of Ships (‘the Convention’) by the United Nations General Assembly in New York on 7 December 2022.












(2)


The Convention strengthens the existing international legal framework on shipping and navigation and makes a useful contribution to the development of harmonious international economic relations. It is therefore desirable that the Convention be applied as soon as possible.












(3)


The Union is developing judicial cooperation in civil matters with cross-border implications based on the principle of mutual recognition of judgments and of decisions in extrajudicial cases. In that context, the Union legislator has adopted, amongst others, Regulations (EU) No 1215/2012 (1) and (EU) 2020/1784 (2) of the European Parliament and of the Council. The Union therefore has exclusive competence over the matters covered by those Regulations, while the other matters covered by the Convention do not fall under that competence.












(4)


Article 18(1) of the Convention provides that Regional Economic Integration Organisations which have competence over certain matters governed by the Convention may sign, accept, approve or accede to that Convention.












(5)


Article 18(2) of the Convention provides that the Regional Economic Integration Organisation is to make a declaration specifying the matters governed by that Convention in respect of which competence has been transferred to that organisation by its Member States. Article 20(1) of the Convention provides that that declaration be made at the time of signature, ratification, acceptance, approval or accession. The Union should consequently make such a declaration at the time of signature of the Convention.












(6)


The Convention should be signed on behalf of the Union, subject to its conclusion at a later date, and the attached Declaration should be approved.












(7)


In accordance with Articles 1 and 2 of Protocol No 21 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, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Decision and is not bound by it or subject to its application.












(8)


In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on the 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
The signing on behalf of the Union of the United Nations Convention on the International Effects of Judicial Sales of Ships, adopted by the United Nations General Assembly in New York on 7 December 2022, is hereby authorised, subject to the conclusion of the said Convention (3).


Article 2
The Declaration attached to this Decision is hereby approved on behalf of the Union. When signing the Convention, the Union shall make that Declaration, in accordance with Articles 18(2) and 20(1) and (2) of the Convention.


Article 3
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Convention on behalf of the Union.


Article 4
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 21 December 2023.


For the Council


The President

P. NAVARRO RÍOS
            





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

(2)  Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (OJ L 405, 2.12.2020, p. 40).

(3)  The text of the Convention will be published together with the decision on its conclusion.






DECLARATION UNDER ARTICLE 18(2) OF THE BEIJING CONVENTION ON JUDICIAL SALE OF SHIPS, ADOPTED BY THE UNITED NATIONS GENERAL ASSEMBLY ON 7 DECEMBER 2022 IN NEW YORK, CONCERNING THE COMPETENCE OF THE EUROPEAN UNION OVER THOSE MATTERS GOVERNED BY THAT CONVENTION IN RESPECT OF WHICH THE MEMBER STATES HAVE TRANSFERRED THEIR COMPETENCE TO THE EUROPEAN UNION


Article 18(1) of the Beijing Convention on judicial sale of ships (‘the Convention’) provides that a Regional Economic Integration Organisation that is constituted by sovereign States and has competence over certain matters governed by the Convention may sign the Convention. Article 18(2) of the Convention provides that the Regional Economic Integration Organisation is to make a declaration specifying the matters governed by the Convention in respect of which competence has been transferred to that organisation by its Member States. The European Union has decided to sign the Convention and is hereby making that declaration.
To the extent that they may affect common rules or alter the scope of the legal acts referred to in points a and b, the matters governed by provisions of the Convention in respect of which the Member States of the European Union have transferred competence and in respect of which the European Union has exclusive competence within the meaning of Article 3(2) TFEU are the following:






(a)


Article 9 of the Convention (‘Jurisdiction to avoid and suspend judicial sale’) with regard to the rules on jurisdiction in Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1); and










(b)


Article 4 of the Convention (‘Notice of judicial sale’) with regard to the rules on the service of judicial and extrajudicial documents in civil or commercial matters (service of documents) in Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil and commercial matters (OJ L 405, 2.12.2020, p. 40).




The competence of the European Union pursuant to the Treaty on European Union (TEU) and to the Treaty on the Functioning of the European Union (TFEU) is, by its nature, liable to continuous development. In the framework of the Treaties, the competent institutions may take decisions which determine the extent of the competence of the European Union. The European Union therefore reserves the right to amend this declaration accordingly, without any such amendment constituting a prerequisite for the exercise of its competence with regard to matters governed by the Convention.
The Union hereby specifies that the Convention is to apply, with regard to the competence of the Union, to the territories of the Member States to which the TEU and the TFEU apply pursuant to Article 52 TEU and under the conditions laid down, inter alia, in Article 355 TFEU.



ELI: http://data.europa.eu/eli/dec/2024/414/oj
ISSN 1977-0677 (electronic edition)