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From · Plenary report · 1 Jul 2025 A-10-2025-0128 on the proposal for a regulation of the European Parliament and of the Council Jurisdiction, applicable law, recognition and enforcement of measures and cooperation in matters relating to the protection of adults

To · Adopted text · 20 Oct 2026 TA-10-2026-0348 Protection of adults: jurisdiction, applicable law, recognition and enforcement of measures and cooperation

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~~DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION~~

P10_TA(2026)0348

~~on the proposal for a regulation of the European Parliament and~~Protection of ~~the Council~~adults: ~~Jurisdiction,~~jurisdiction, applicable law, recognition and enforcement of measures and cooperation ~~in matters relating to the protection of adults~~

~~(COM(2023)0280 – C90192/2023 – 2023/0169(COD))~~

Committee on Legal Affairs

PE769.996

European Parliament legislative resolution of 20 October 2026 on the proposal for a regulation of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of measures and cooperation in matters relating to the protection of adults (COM(2023)0280 – C9-0192/2023 – 2023/0169(COD))

(Ordinary legislative procedure: first reading)

– having regard to the opinion of the European Economic and Social Committee of 13 December 2024,

– having regard to the provisional agreement approved by the committee responsible under Rule 75(4) of its Rules of Procedure, and the undertaking given by the Council representative by letter of 27 May 2026 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

– having regard to Rule 60 of its Rules of Procedure,

1. Adopts its position at first reading hereinafter set out;

~~2. Approves its statement annexed to this resolution, which will be published in the L series of the Official Journal of the European Union together with the final legislative act;~~

3. Suggests that the act be cited as 'the Jana Toom and .....- Regulation on Jurisdiction, applicable law, recognition and enforcement of measures and cooperation in matters relating to the protection of adults';

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

~~Citation 3 a (new): Having regard to the opinion of the European Economic and Social Committee1a, / 1a OJ C, C/2024/1581, 5.3.2024, ELI: http://data.europa.eu/eli/C/2024/1581/oj.~~

P10_TC1-COD(2023)0169

Recital 1: (1) The purpose of this Regulation is to lay down rules, in cross-border cases, for the protection of adults who, by reason of an impairment or insufficiency of their personal faculties, are not in a position to protect their interests or require support and safeguards in decision-making. In particular, this Regulation lays down rules on jurisdiction, applicable law, recognition and enforcement of measures, verification of their implementation, acceptance recognition of authentic instruments and cooperation between Member States' competent authorities and Central Authorities.

Position of the European Parliament adopted at first reading on 20 October 2026 with a view to the adoption of Regulation (EU) 2026/… of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of measures and cooperation in matters relating to the protection of adults

Recital 3: (3) In accordance with Article 81(2) of the Treaty on the Functioning of the European Union ('TFEU'), such measures may include those aimed at ensuring the compatibility of the rules applicable in the Member States concerning conflict of laws and jurisdiction and the mutual recognition and enforcement between Member States of judgments and of decisions in extrajudicial cases, effective access to justice, the elimination of obstacles to the proper functioning of civil proceedings and support for the training of the judiciary and judicial staff.

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Recital 5: (5) In the absence of such common rules, various difficulties may arise for the adults who, in cross-border situations, require support and safeguards in decision-making and, for the purpose of the application of the Convention of the Hague Conference on Private International Law of 13 January 2000 on the International Protection of Adults (‘HCCH 2000 Protection of Adults Convention’) to be interpreted in the light of the United Nations Convention on Rights of Persons with Disabilities (‘UNCRPD’), are not in a position to protect their interests. This includes situations where those adults move to another Member State or where they own real property or other assets in another Member State. Difficulties may arise for instance where measures taken in one Member State with a view to protecting the adults, including support measures provided to exercise their legal capacity, need to be invoked in other Member States, or where powers of representation granted by the adults to be exercised by their representatives when the adults require support in decision-making and in the protection of their interests need to be later invoked abroad. Those difficulties can have serious adverse consequences on legal certainty in cross-border dealings and on the rights and wellbeing of the adults and on respect for their dignity. In particular, fundamental rights of the adults, such as access to justice, the right to autonomy, and the right to property and to free movement, may be negatively and, …

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

Recital 10: (10) In addition, the interpretation of the rules laid down in this Regulation should be guided by its objectives that are to enhance the protection of fundamental rights and freedoms and other rights of adults in cross-border situations, including their right to autonomy, access to justice, right to property, right to be heard, right to free movement, non-discrimination and equality. In this regard, this Regulation builds on the Charter of Fundamental Rights of the European Union (‘Charter’) and on international human rights law in this area. In particular, a significant part of adults to which this Regulation applies are persons with disabilities. Their rights, including the right to equality before the law, integrity, access to justice and respect for their inherent dignity and individual autonomy, are guaranteed by the United Nations Convention on the Rights of Persons with Disabilities11 (‘UNCRPD’), to which both the Union and its Member States are parties. The rights safeguarded in the UNCRPD are to be protected both in national and cross-border cases, and where measures are taken in relation to persons with disabilities, those measures are to be in line with the UNCRPD. This Regulation, laying down private international law rules for cross-border cases, should be applied consistently with the human rights obligations under the UNCRPD, in particular with its Articles 3, 9, 12 and 19. As contracting Parties to the UNCRPD, Member States are to ensure that their national s…

Having regard to the proposal from the European Commission,

Recital 10 a (new): (10a) This Regulation is aimed at supporting the application of the HCCH 2000 Protection of Adults Convention with measures that are focused on full respect of the autonomy of adults concerned and the establishment of supported decision-making regimes and advance planning across the Union. The UNCRPD entered into force for the Union on 22 January 2011. The objective was for the Union to support the Member States in its implementation within its competences. In line with European Court of Justice juriprudence1a, it has consistently been held that international conventions which are an integral part of the legal order of the Union and are binding on it, have primacy over secondary legislation. Therefore, secondary legislation is to be interpreted as far as possible in accordance with those conventions. In line with the UNCRPD, every person has the inherent right to dignity, autonomy, and equality before the law, including the right to make their own decisions. The protection of adults should not be based on restricting their legal capacity by, for example, having a third person or authority make decisions on their behalf. Protection, instead, must be based on the provision of support to the adult to ensure that they can make autonomous decisions about their lives. The implementation of supported decision-making may take various forms which may include facilitating for the adult to choose one or more trusted support persons to assist them in exercising their legal capacity, impl…

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

Recital 11: (11) Besides the protection, in cross-border situations, of fundamental rights and freedoms and other rights of adults, including the respect for their will and preferences, this Regulation also aims to improve the effectiveness and speed of judicial and administrative proceedings concerning the protection of adults establishing clear, simpler and functional mechanisms for cooperation in cross-border proceedings. It further aims to strengthen legal certainty and predictability in cross-border dealings, both for adults and their representatives and for other parties, whether they are public or private entities. Providing greater legal certainty and simpler, streamlined and digitalised procedures should also encourage individuals to exercise their right to free movement.

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

Recital 12: (12) This Regulation should cover civil matters involving the support and protection of adults, in particular related to measures, authentic instruments and powers of representation, aimed at the support and protection of an adult. The support and protection is required due to an insufficiency or an impairment of the personal faculties of the adult, which can be permanent or temporary and, among others, of physical or psychosocial nature, or in connection with an age-related disease, such as Alzheimer’s disease, or resulting from a health condition, such as a coma. The personal faculties of the adult can be affected in full or in part and the adult can require varying degrees of support and assistance in exercising their legal capacity. More intensive forms of protection can in particular be required where barriers in the interaction with a range of environmental and personal factors hinder their participation in society on equal basis with others, in particular where the insufficiency or impairment of the personal faculties of the adult is such as to prevent that adult from looking after their own interests, such as property interests and personal or health interests. In such situations, protection should still be provided with full respect for the will and preferences of the adult. Examples of appropriate support of the adult in such situations include inferring the will and preferences of the adult from the adult's social circle, previous declared wishes or other sources o…

Acting in accordance with the ordinary legislative procedure,

Recital 12 a (new): (12a) The extent of an insufficiency or an impairment of the personal faculties of the adult can change over time. Decisions taken to support and protect the adult should be reviewed at appropriate intervals of time in order to account for changes in the circumstances of the adult and to confirm whether the related measures are still justified.

Whereas:

~~Recital 14: deleted~~

(1) The purpose of this Regulation is to lay down rules, in cross-border cases, for the protection of adults who, by reason of an impairment or insufficiency of their personal faculties, are not in a position to protect their interests or who require support and safeguards in decision-making. In particular, this Regulation lays down rules on jurisdiction, applicable law, the recognition and enforcement of measures, the acceptance of authentic instruments, and cooperation between Member States’ courts, competent authorities and Central Authorities.

Recital 16: (16) To ensure a uniform interpretation of this Regulation, this Regulation should define in particular the notions of adults, representatives and courts, which may have divergent meanings in the Member States legal systems. For the purposes of this Regulation, an adult is a person who has reached the age of 18 years. Depending on the context, this should refer for example to adults who, by reason of an impairment or insufficiency of their personal faculties, are not in a position to protect their interests, or adults who granted powers of representation to be exercised when those adults are not in a position to protect their interests or require support and safeguards in decision-making.

(2) The Union has set itself the objective of creating, maintaining and developing an area of freedom, security and justice that fully respects fundamental rights and in which the free movement of persons is ensured. To progressively establish such an area, the Union is to adopt, inter alia, measures in the area of judicial cooperation in civil matters, particularly where necessary for the proper functioning of the internal market.

Recital 18: (18) For the purposes of this Regulation and according to the case-law of the Court of Justice, the term 'court' should be given a broad meaning so as to also cover administrative authorities, or other authorities, such as notaries, who or which exercise jurisdiction in matters covered by this Regulation, and in line with the terminology used in the HCCH 2000 Protection of Adults Convention, the concept of ‘court’ should be interpreted as referring to the judicial or administrative authorities taking measures directed to the protection of the adult. More broadly, a ‘competent authority’ should be interpreted as referring to a court or a public office holder of a Member State with responsibilities in matters of protection of adults. This includes authorities taking measures, authorities drawing up authentic acts and authorities issuing attestations, forms or the European Certificate of Representation. It further includes other authorities, or entities acting in an official capacity in matters related to the protection of adults, such as those that are responsible for the supervision or implementation of measures.

(3) In accordance with Article 81(2) of the Treaty on the Functioning of the European Union (TFEU), such measures may include those aimed at ensuring the compatibility of the rules applicable in Member States concerning conflict of laws and jurisdiction, the mutual recognition and enforcement between Member States of judgments and of decisions in extrajudicial cases, effective access to justice, and the elimination of obstacles to the proper functioning of civil proceedings with cross-border implications.

Recital 19: (19) The rules on international jurisdiction and on applicable law in respect of the protection of adults should be those set out in the HCCH 2000 Protection of Adults Convention, to avoid discrepancies and ensure, to the extent possible, that the same rules apply to a case involving Member States and third countries that are party to that Convention. Some Member States may not be contracting Parties to the HCCH 2000 Protection of Adults Convention at the time this Regulation will be applicable. To take account of all scenarios and to ensure that this Regulation can be applied regardless of the status of ratification by Member States of the HCCH 2000 Protection of Adults Convention, the HCCH 2000 Protection of Adults Convention should be attached to this Regulation. Similarly, to facilitate the interpretation of the UNCRPD that Convention should be attached to this Regulation as well.

(4) The Union has adopted a number of legislative acts in the area of judicial cooperation in civil matters having cross-border implications. With the exception of a rule on the capacity of natural persons in the context of cross-border contractual obligations in civil and commercial matters laid down in Article 13 of Regulation (EC) No 593/2008 of the European Parliament and the Council, none of those Union legislative acts governs the cross-border aspects of the legal capacity of natural persons. Similarly, no Union legal act governs the civil aspects of the cross-border protection of adults who, by reason of barriers they face resulting from the interaction between an impairment or insufficiency of their personal faculties and a range of personal factors or factors linked to their living environment, are not in a position to protect their interests, or for whom it might be necessary for the support and safeguards in the exercise of their legal capacity provided to them in one Member State to continue across the Union.

Recital 21: (21) The establishment of an additional ground of jurisdiction based on the choice of the adult should not disrupt the mechanism established by the HCCH 2000 Protection of Adults Convention, nor affect the effectiveness of communication between courts, and should avoid positive and negative conflicts of jurisdiction. The mechanisms established by Articles 7, 9, 10 and 11 of the HCCH 2000 Protection of Adults Convention giving priority to certain grounds of jurisdiction, limiting the effects of certain measures, and setting up an exchange of information between the courts of the habitual residence and the courts with subsidiary or concurrent jurisdiction, should therefore also apply in the Union to exercised their jurisdiction according to the choice made by the adult. Thus, those provisions should apply in respect of the courts chosen by an adult in the same way as they apply in respect to the courts of the habitual residence.

(5) In the absence of common rules, various difficulties might arise for adults who are not in a position to protect their interests in cross-border situations, including where those adults move to another Member State or where they own real property or other assets in another Member State. Difficulties might arise, for instance, where measures taken in one Member State with a view to protecting the adults, including support measures for the exercise of their legal capacity, need to be invoked in other Member States, or where powers of representation granted by the adults to be exercised by their representatives when those adults are not in a position to protect their interests need to be ▌ invoked abroad. Those difficulties can have serious adverse consequences with regard to legal certainty in cross-border dealings and the rights and wellbeing of the adults and respect for their dignity. In particular, fundamental rights of the adults, such as the right to access to justice, the right to autonomy, ▌ the right to property and the right to free movement, might be negatively affected.

Recital 22: (22) The courts contemplating the exercise of their jurisdiction according to the choice made by the adult should not exercise their jurisdiction where the courts having jurisdiction over the substance of the matter or the court where jurisidiction was transferred have already exercised their jurisdiction, in particular where those courts have taken a measure, even if this measure related only to some aspects of protection of the person or property of the adult or have decided that no measure should be taken, or where proceedings are pending before them. Measures concerning adults are to be subject to regular review to remain tailored to the adult's current circumstances. If, after the conclusion of initial proceedings, a new measure needs to be taken or an existing measure requires modification, replacement, or termination, jurisdiction should be verified and re-established again in accordance with the applicable jurisdictional rules. Adults should have the right to be heard and be meaningfully involved in proceedings affecting their legal status, including where multiple Member States could have jurisdiction. To avoid unnecessary difficulties, courts should provide for the possibility of remote participation and ensure that adults are informed about the jurisdictional criteria that apply to them. Where necessary, temporary cross-border protection measures should be available to prevent legal uncertainty while jurisdiction is being determined.

(6) Uniform private international law rules governing cross-border situations are therefore necessary to strengthen the protection of the fundamental rights of adults with an impairment or insufficiency of their personal faculties. At international level, the Hague Convention of 13 January 2000 on the International Protection of Adults (‘the 2000 Hague Convention’), provides for rules on jurisdiction, applicable law, recognition and enforcement of measures for the protection of adults, on the law applicable to powers of representation, and on cooperation among ▌ its contracting parties.

Recital 22 a (new): (22a) To ensure that adults in cross-border situations can effectively exercise their rights and benefit from judicial protection, this Regulation introduces additional support measures that complement the framework for jurisdiction, applicable law, recognition and enforcement, authentic instruments, and cooperation. Those measures aim to facilitate access to justice, enhance procedural efficiency, and ensure continuity of protective arrangements across Member States. Information on available procedural safeguards, remedies and existing support measures should be made available in one single place, in a so-called ‘one-stop shop’, in order to provide easy access to dedicated information free of charge to adults and those representing them. It is possible that adults in cross-border situations could suffer financial repercussions and harm. Therefore, the information provided through the ‘one-stop shop’ should cover existing support mechanisms, for example information on relevant organisations and associations which provide legal or any other form of relevant assistance or support to adults covered by this Regulation. In accordance with national procedural law, courts will ensure that the adult has access to appropriate legal support such as free assistance as regards the determination of jurisdiction, including guidance on the most appropriate forum in the event that jurisdiction is considered in multiple Member States. Where appropriate, accessible videoconferencing or other d…

(7) The 2000 Hague Convention does not prevent its contracting parties from furthering their cooperation in the field of the protection of adults beyond the provisions of that Convention itself or even from departing from its rules in their mutual relations. In accordance with Article 49 of the 2000 Hague Convention, ▌ the rules established by this Regulation should not affect the application of the 2000 Hague Convention in the relationship of Member States with third States that are contracting parties to the 2000 Hague Convention.

Recital 22 b (new): (22b) Regarding applicable law, adults often face difficulties in understanding the legal implications of protection measures taken in different Member States. To address that problem, multilingual guidance tools should provide information free of charge in a language that the adult is expected to understand. Legal information should be made available to explain the relevant legal frameworks, particularly in cases where an adult has relied on advance planning instruments or other legal arrangements that necessitate cross-border recognition. Courts and competent authorities shall ensure adults have easy access to information on available procedural safeguards and remedies and existing support measures, such as legal aid and financial and psychological support, notably through measures for better accessibility of the digital public services. This information should include any available information on awareness-raising campaigns, where appropriate in cooperation with relevant civil society organisations and other stakeholders. To reinforce cross-border cooperation, this Regulation provides for the possibility to create multilingual guidance tools, in particular trough the use of the e-Justice Portal or the European Judicial Network, in order to inform adults and their representatives about the applicable law, ensuring they understand the legal consequences of protection measures in different Member States and dedicated legal information services for adults to understand how to …

(8) This Regulation incorporates some of the rules from the 2000 Hague Convention, in particular on international jurisdiction and applicable law, and makes them directly applicable in relations between Member States. However, it is appropriate that, in relations between Member States, the Union further improve the protection of adults in cross-border situations within the Union, building on the principle of mutual trust between Member States and on the experience from other areas of judicial cooperation in civil matters. This Regulation therefore complements the rules of the 2000 Hague Convention by laying down rules aimed at simplifying, streamlining and modernising the procedures and cooperation among ▌ Member States. In particular, it should be possible to foster the right to autonomy of adults and their right to exercise their legal capacity on an equal basis with others by facilitating the use, in a cross-border context, of powers of representation, whereby adults have organised ▌ their representation or support for a time when they would not be in a position to look after their own interests, and giving full and immediate effect to choices made by those adults.

Recital 24: (24) Mutual trust in the administration of justice in the Union justifies the principle that measures directed to the protection of adults given in a Member State should be recognised in all Member States without any special procedure being required. This should not preclude any interested person from invoking a measure either as an incidental question before a court or by applying for a decision that there are or that there are no grounds for refusal of recognition. It should be for the national law of the Member State where such application is made to determine who should be considered as an interested person entitled to make such application. To safeguard the right of the adults to access to justice and provide them with sufficient remedies, and irrespective of the nature and the extent of the measure, adults should have the right to apply for a decision that there are or that there are no grounds for refusal.

(9) Given the complementarity between this Regulation and the 2000 Hague Convention, as well as the need to ensure the continued protection of adults in cross-border situations involving Member States and third States, the interpretation of the rules laid down in this Regulation and those included in the 2000 Hague Convention should be aligned, where possible.

Recital 25: (25) The recognition and enforcement of measures should be based on the principle of mutual trust. Therefore, the grounds for non-recognition should be kept to the minimum in the light of the underlying aim of this Regulation which is to facilitate recognition and enforcement of measures and the circulation of powers of representation and to effectively safeguard the rights of the adults, in particular with the rights and principles enshrined in the UNCRPD, particularly those relating to respect for autonomy, dignity, and legal capacity. In particular, the jurisdiction of the courts of the Member State of origin should not be reviewed.

(10) In addition, the interpretation of the rules laid down in this Regulation should be guided by its objective of enhancing the protection of fundamental rights and freedoms and other rights of adults in cross-border situations, including their right to autonomy, access to justice, right to property, right to be heard, right to free movement, non-discrimination and equality before the law. In that regard, this Regulation builds on the Charter of Fundamental Rights of the European Union (the ‘Charter’), in particular Articles 21, 25 and 26 thereof, and on international human rights law in this area. In ▌ line with the case law of the Court of Justice of the European Union, secondary legislation is to be interpreted insofar as possible in accordance with international conventions.

Recital 27: (27) Proceedings directed to the protection of an adult should, as a basic principle, be guided by the views expressed by the adult. Adults should thus be given an effective and genuine opportunity to express their views freely in accordance with Articles 20, 25, 26, and 47 of the Charter and Articles 3, 9, 12, 13 and 19 of the UNCRPD. The opportunity for the adult to express their views should be given, including through the opportunity to participate by means of technical equipment, remotely, except in cases of urgency, including cases where the adult is absolutely unable to express their views. A measure taken without the adult having had an opportunity to be heard, apart from the exceptional circumstances of urgency and the demonstrated incapacity to express themselves, may not be recognised. The fact that the adult has had an opportunity to be heard should be assessed uniformly in the Union, and should not be assessed against the fundamental procedural principles of the Member State where recognition is sought. An example of a case of urgency is a situation where the adult needs to undergo urgent surgery and is not, because of their medical condition, in a position to express their views.

(11) In particular, a significant number of adults to which this Regulation applies are persons with disabilities. Their rights, including the right to equal recognition before the law, integrity, access to justice and respect for their inherent dignity and individual autonomy, are guaranteed by the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), to which both the Union and its Member States are contracting parties. The rights safeguarded in the UNCRPD are to be protected in both national and cross-border cases and, where measures are taken in relation to persons with disabilities, those measures are to be in line with the UNCRPD. This Regulation, laying down private international law rules for cross-border cases, should be applied consistently with the human rights obligations under the UNCRPD, in particular Articles 3, 9, 12, 13 and 19 thereof. As contracting parties to the UNCRPD, Member States are to ensure that their national substantive and procedural laws on the treatment of adults are consistent with the human rights obligations set out in the UNCRPD. In particular, Member States are to respect the equality of adults before the law and their right to enjoy legal capacity on equal basis with others in all aspects of life, with the support that they might require in exercising their legal capacity, as well as the autonomy and integrity of adults in accordance with Article 12 of the UNCRPD. It is important that such assistance and other forms of assistance that exist in the law of Member States be available to adults. For example, various persons and bodies might be designated to support, assist or represent adults who need assistance with decision-making regarding their person or property.

Recital 28: (28) The question of the procedure and the method of the hearing of the adult should be left to national law, with due respect for the rights of adults to accessibility. When a hearing is required in a cross-border context, Member States authorities should use the specific instruments of international judicial cooperation, including, where appropriate, those provided for by Regulation (EU) 2020/178312 and Regulation (EU) 2023/284412a. Thisshould be without prejudice to the right of the adult concerned to be present in the room and protect their best interest in that case and the court should take into account the specific needs of persons with disabilities. / 12a Regulation (EU) 2023/2844 of the European Parliament and of the Council of 13 December 2023 on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation

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Recital 29: (29) In order to take account of the different systems for dealing with the protection of adults in Member States, authentic instruments directed to the protection of adults and their interests should be recognised in all Member States. An authentic instrument directed to the protection of an adult or his or her interests drawn up by a court of a Member State may in particular record powers of representation granted by an adult for a time when that adult will not be in a position to protect his or her interests, or advance directives recording wishes and preferences of the adult or giving direct instructions in some matters including health, welfare or appointment of a representative by an authority. Those authentic instruments should have the same evidentiary effects in another Member State as they have in the Member State of origin, or the most comparable effects. When determining the evidentiary effects of a given authentic instrument in another Member State or the most comparable effects, reference should be made to the nature and the scope of the evidentiary effects of the authentic instrument in the law of the Member State of origin.

(12) Besides the protection, in cross-border situations, of fundamental rights and freedoms and other rights of adults ▌, this Regulation also aims to improve the effectiveness and speed of judicial and administrative proceedings concerning the protection of adults, by establishing clear, simple and functional mechanisms for cooperation in cross-border proceedings. It further aims to strengthen legal certainty and predictability in cross-border dealings, both for adults and their representatives and for other parties, whether they are public or private entities. Providing greater legal certainty and simple, streamlined and digitalised procedures should also encourage individuals to exercise their right to free movement.

Recital 30: (30) To facilitate the circulation of measures and authentic instruments in the Union, it is necessary to provide for attestations to accompany them where they need to be recognised, enforced, or, as the case may be, accepted abroad. The procedures for rectifying, withdrawing and challenging attestations used for the recognition and enforcement of measures and the acceptance of authentic instruments should be left to national law. In light of the case-law of the Court of Justice courts exercise judicial functions when issuing the attestations and the issuance of attestation forms part of the continuity of the previous judicial proceedings. Therefore, adequate and effective remedies in the context of this issuance should be made available by Member States.

(13) This Regulation covers civil matters concerning the protection of adults, in particular in relation to measures, authentic instruments and powers of representation aimed at the protection of an adult. In order to ensure consistency, the matters covered by this Regulation correspond to those within the scope of the 2000 Hague Convention. The protection of adults should be understood to include support for adults in decision-making or exercising their legal capacity, co-decision-making and representation. Adults might require protection due to an impairment or insufficiency of their personal faculties ▌ , which can be permanent or temporary and, inter alia, of a physical or psychosocial nature, or in connection with a health condition or a disease, such as Alzheimer’s disease or a coma. The personal faculties of adults can be affected in full or in part, and adults can require varying degrees of support and assistance in exercising their legal capacity, depending on the extent to which they are able to act on their own behalf. More intensive forms of protection can be required in particular where barriers in the interaction with a range of environmental and personal factors hinder their participation in society on equal basis with others, in particular where the impairment or insufficiency of the personal faculties of the adult is such as to ▌ prevent that adult from looking after his or her own interests, such as property, personal and health interests. Protection should take into account the will and preferences of the adult, for example by taking into account the adult's social circle, previously declared wishes or other sources of information that can reveal preferences.

Recital 31: (31) Central Authorities should be designated in all Member States. Central Authorities should in particular assist competent authorities in cross-border proceedings, and cooperate both in general matters and in specific cases. In individual cases, the cooperation should not be limited to a specific part of the judicial or administrative procedure, and should be initiated and continued where a cross-border element exists and there is a need for cooperation. This should be the case, for example, where the receiving Member State considers that alternative measures, consistent with the will, preferences, and autonomy of the adult concerned in line with the UNCRPD, could be applied, thereby prompting a consultation with the Member State of origin on the best legal and practical means to ensure respect for the adult’s rights and supported decision-making needs in that particular cross border case.

(14) This Regulation does not contain any specific rules on ex lege representation, a form of representation that arises solely by operation of law. However, such representation falls under the scope of this Regulation when it is aimed at the protection of adults. Thus, ex lege representation may be the subject of cooperation and communication under Chapter VI, but is not subject to any specific rules on jurisdiction, conflict-of-law rules or rules on recognition and enforcement either in this Regulation or in the 2000 Hague Convention and may therefore be subject to national conflict-of law rules. For the purposes of this Regulation, ‘ex lege representation’ does not cover concepts where the appointment of a representative of the adult is not made solely by operation of law, but requires prior registration or a similar measure by a court, which is constitutive for the appointment of the representative.

Recital 33: (33) According to Article 19 of the UNCRPD, persons with disabilities are to have the opportunity to choose their place of residence and where and with whom they live, on an equal basis as others, and not to be obliged to live in a particular living arrangement. For the purposes of this Regulation, situations may arise where the authorities of a Member State need to take a measure concerning formal support and living arrangements. In line with Article 19 of the UNCRPD, the courts of a Member State should obtain free and informed consent of the adult where a decision concerning the place of residence or temporary placement of that adult is contemplated in order to provide protection. Competent authorities should provide support at all times for adults to make decisions whenever possible in line with the best interpretation of their will and preferences. Where such formal support and living arrangements is to be implemented in another Member State, a consultation procedure for obtaining consent of the Central Authority of the Member State of implementation should be carried out prior to implementing those measures. The request for consent made by the authority of origin should include the reasons for the proposed measure, and the views expressed by the adult concerned where possible, in light of Article 19 of the UNCRPD. The Central Authority of the Member State of implementation should be able to decide promptly whether to grant the consent or to refuse it. The absence of a re…

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Recital 35: (35) Representatives of adults who, by reason of an impairment or insufficiency of their personal faculties, are not in a position to protect their interests, should be able to invoke their powers to support those adults in exercising their legal capacity or represent those adults and to protect the interests of those adults without obstacles within the Union. Therefore, representatives should be able to demonstrate easily their status and powers in another Member State, for instance in a Member State in which adult’s real property or other assets are located. To enable them to do so, a European Certificate of Support and Representation (‘the Certificate’) should be created. That Certificate should be a uniform certificate to be issued for use in another Member State. In order to respect the principle of subsidiarity, the Certificate should not take the place of internal documents, which may exist for similar purposes in the Member States.

(15) Where measures have been taken for the protection of a child, and are to remain in force or take effect after that child reaches the age of majority, they should fall within the scope of this Regulation as soon as the child has reached 18 years of age.

Recital 36: (36) The Certificate can be requested by the adult or, where applicable, by the the adult's representative on the basis of an existing measure or confirmed powers of representation (the ‘source measure’ and ‘source confirmed powers of representation’). It should thus only be issued in situations where an adult is being supported in their decision-making or where they are effectively not in a position to protect his or her interests and the representative is entitled to actively represent that adult in one or more specific matters. The Certificate should include information on the extent of the powers which the representative is entitled to exercise on behalf of an adult and, where relevant, on the matters where the representative is not entitled to act or is entitled to act under certain conditions.

(16) This Regulation should apply to, inter alia, measures taken by courts and directed to the protection of the person or property of an adult, including where it has been decided that no measure should be taken or where the measure consists of a court registering a representative in a national register, such registration being constitutive for the appointment of the representative. This Regulation should respect Member States’ legal systems and should therefore not require them to introduce specific measures for the protection of the person or property of an adult into their national laws. However, given the ongoing transition towards supported decision-making in national legal systems, ‘measures’ under this Regulation should primarily encompass those aimed at supporting adults in exercising their legal capacity but also other measures in accordance with national law. Appropriate and effective safeguards for the exercise of the legal capacity of the adults should be taken into consideration, ensuring in particular that measures relating to the exercise of legal capacity respect the rights and, where possible, the will and preferences of the adult.

Recital 37: (37) The use of the Certificate should not be mandatory. This means that a representative of a adult entitled to apply for a Certificate should be under no obligation to do so but should be free to use national documents or other instruments available under this Regulation (a measure or an authentic instrument) when invoking his or her powers in another Member State. Persons acting on their own behalf should not be required to present a Certificate, but should have the possibility of choosing when the Certificate should be used by a representative. It should be possible, however, for the Certificate to be used by representatives who need to demonstrate their powers to act in support or on behalf of an adult.

(17) Regardless of the legal terminology used in each Member State, measures directed to the protection of adults and taken in compliance with the fundamental rights of the adults concerned should be able to circulate without obstacles in the Union. To that end, this Regulation should be interpreted in accordance with the Charter and the UNCRPD. To protect the right to autonomy, it is appropriate to provide for safeguards that make it possible to refuse recognition or enforcement of measures which are manifestly contrary to public policy, or which are taken without providing the adult with the opportunity to be heard, except in justified exceptional circumstances ▌ . When assessing whether or not a measure taken by the courts of another Member State is manifestly contrary to public policy, the courts or enforcement authorities of a Member State where ▌ recognition is invoked or enforcement is sought should assess whether that measure ensures the fundamental rights of the adult, in particular in light of the Charter and Articles 3, 9, 12, 13 and 19 of the UNCRPD.

Recital 39: (39) To ensure that the process of the issuance of the Certificate is uniform throughout the Union, this Regulation should provide rules on the issuance of the Certificate. The issuing authority should issue the Certificate upon application and after verifying the elements to be certified. The process for the application for and the issuance of the Certificate should be simplified by the fact that the authority issuing the Certificate has access to the source measure or source confirmed powers of representation and has knowledge concerning their continued validity and the information contained therein. Where the applicant indicates in the application for a Certificate that the Certificate should serve to demonstrate their powers for a specific purpose or in a specific context, the issuing authority should, as far as possible, include in the Certificate sufficiently detailed information that reflects that purpose or context. The original of the Certificate should remain with the issuing authority, which should issue one or more certified copies of the Certificate to the applicant. The Certificate should be issued in a mandatory form set out in the annex to this Regulation. To reduce translation costs when the Certificate is presented in another Member State, the form for the Certificate set out in the annex to this Regulation should be available in all Union languages.

(18) To ensure uniform interpretation of this Regulation, the concepts of adult, representative and court, which can have divergent meanings in the legal systems of Member States, should be defined. For the purposes of this Regulation, an adult is a person who has reached the age of 18 years. Depending on the context, that should include, for example, adults who, by reason of an impairment or insufficiency of their personal faculties, are not in a position to protect their interests, or adults who grant powers of representation to be exercised when those adults are not in a position to protect their interests or who require support and safeguards in decision-making.

Recital 41: (41) The Certificate should produce the same effects in all Member States. It should not be an enforceable title in its own right but should have an evidentiary effect and should be presumed to demonstrate accurately elements included in the Certificate which have been established under the law applicable to the protection of a particular adult or under any other law applicable to specific elements. That presumption of accuracy is strengthened by the fact that before issuing the Certificate, the issuing authority should verify, that the source measure or the source confirmed powers of representation remain valid and have not been replaced by a later measure or confirmed powers of representation. However, the evidentiary effects of the Certificate should not extend to elements which are not governed by this Regulation, such as to the question whether or not a particular asset belonged to the adult.

▌

Recital 42: (42) Any person who deals with a representative indicated in a valid Certificate as being entitled to represent an adult in a specific matter should be afforded appropriate guarantees if they acted in good faith relying on the accuracy of the information certified in the Certificate. The same guarantee should be afforded to any person who, relying on the information certified in a valid Certificate, gives access to the adult’s representative to real property or other assets of the adult, makes payments to the representative, or buys or receives property from that representative, where the representative is indicated in a valid Certificate as being entitled to act on behalf of the adult in those matters. The protection should be ensured if certified copies which are still valid are presented.

(19) ▌The concept of ‘court’ in this Regulation should mean any judicial authority and all other authorities with competence to take measures directed to the protection of the person or property of an adult or with competence to decide on the recognition or non-recognition of a measure taken in another Member State. Accordingly, the term ‘court’ should be given a broad meaning so as to cover not only courts in the strict sense of the word. Where other authorities, including notaries, act as courts and take measures under this Regulation, they should be bound by its rules on jurisdiction, and the measures they take should circulate in accordance with the provisions on recognition and enforcement.

~~Recital 44:~~(20) ~~(44)~~Conversely, Towhere ~~ensure~~other aauthorities, ~~continuous~~including ~~protection~~notaries, ofdo ~~adults~~not intake ~~cross-border~~measures ~~situations~~but inare ~~the~~empowered ~~Union,~~under ~~competent~~national ~~authorities~~law ~~and~~to ~~Central~~deal ~~Authorities~~with ~~should~~other ~~have~~aspects ~~access~~related to ~~relevant information on~~ the ~~existence~~protection of ~~measures taken~~adults, bythey ~~other~~should ~~authorities,~~be ~~including~~considered ~~those~~to ~~measures~~be ~~that~~competent ~~have~~authorities ~~been~~rather ~~taken~~than incourts ~~another~~and ~~Member~~should ~~State.~~not Inbe ~~addition,~~bound itby isthe ~~crucial~~rules ~~for~~on ~~safeguarding~~jurisdiction of ~~the~~this ~~right~~Regulation. toCompetent ~~autonomy~~authorities ~~and~~are ~~freedom~~authorities towith ~~make~~various ~~one's~~responsibilities ~~own~~in ~~choices~~matters ~~that~~concerning the ~~will expressed by an adult in powers~~protection of ~~representation is respected,~~adults ~~even~~under innational ~~cases~~law, ~~where~~including those ~~powers~~responsible offor ~~representation~~drawing ~~have~~up ~~been~~and ~~granted~~confirming bypowers ~~the~~of ~~adult~~representation, infor ~~another~~issuing ~~Member~~authentic ~~State~~instruments or ~~confirmed by competent authorities of another~~for ~~Member~~implementing ~~State.~~measures.

~~Recital 45: deleted~~

(21) Powers of representation enable adults to plan, for a situation of impairment or insufficiency of their personal faculties, by whom, and possibly how, they envisage to be supported or represented in exercising their legal capacity and autonomy. It is crucial for safeguarding the right to autonomy and the freedom to make one's own choices that the will expressed by an adult in powers of representation be respected, even in cases where those powers of representation have been granted by the adult in another Member State or confirmed by the courts or competent authorities of another Member State. Powers of representation should be interpreted broadly to include the various types of powers provided for by Member States’ laws, such as powers granted by an adult, having full or partial legal capacity, to one or more representatives to represent or support the adult in one or more contexts. This Regulation does not oblige Member States to introduce ‘powers of representation’ or ‘confirmed powers of representation’ in their national laws. Confirmed powers of representation are to be understood as a type of powers of representation in respect of which a court or a competent authority has confirmed that the representative vested with those powers can exercise them. While this Regulation does not prescribe a particular process for confirming powers of representation, the concept of confirmed powers of representation is to be interpreted in line with its main purpose in this Regulation, namely, to serve as a basis for the issuance of the European Certificate of Support and Representation. Since third parties should be able to rely on the legal presumption that a representative is entitled to exercise the powers as described in that Certificate, the confirmation of powers of representation by a court or a competent authority should give every guarantee of reliability in that regard and should at least ensure that the powers of representation are valid, in force and in conformity with applicable law.

~~Recital 46: deleted~~

(22) The rules on international jurisdiction and on applicable law in respect of the protection of adults should be those set out in the 2000 Hague Convention in order to avoid discrepancies and to ensure, to the extent possible, that the same rules apply to a case involving Member States and third States that are party to that Convention. Some Member States might not be contracting parties to the 2000 Hague Convention when this Regulation becomes applicable. To take account of all scenarios and to ensure that the rules of this Regulation can be applied regardless of the status of ratification by Member States of the 2000 Hague Convention, the text of the 2000 Hague Convention should be attached to this Regulation.

~~Recital 47: deleted~~

(23) In accordance with Articles 5 and 6 of the 2000 Hague Convention, primary jurisdiction to take measures directed to the protection of the person or property of an adult should lie with the courts of the State of the habitual residence of the adult. For adults who are refugees and those who, due to disturbances occurring in their State, are internationally displaced, primary jurisdiction should lie with the courts of the State on the territory of which the adult is present.

Recital 54 a (new): (54a) In cases where a disclosure or confirmation of the relevant information could jeopardise the health, safety or liberty of the adult or another person, for example where the adult or his or her representative have been the victims of domestic violence and a court has ordered the new address of the adult not to be disclosed to the applicant, this Regulation should aim to ensure that a delicate balance is struck. While this Regulation should provide that a Central Authority, court or competent authority should not disclose or confirm to the applicant or to a third party any information gathered or transmitted for the purposes of this Regulation, where it determines that to do so could jeopardise the health, safety or liberty of the adult or another person, it should nonetheless provide that that should not impede the gathering and transmitting of information by and between Central Authorities, courts and competent authorities in so far as necessary to carry out the obligations laid down in this Regulation. This means that, where possible and appropriate, it should be possible for an application to be processed under this Regulation without the applicant being provided with all information necessary to process it. For example, where national law so provides, a Central Authority should be able to institute proceedings on behalf of an applicant without passing on the information about the adult's whereabouts to the applicant. However, in cases where merely making the request …

(24) The request for a transfer of jurisdiction under Article 8 of the 2000 Hague Convention can be initiated either by a court of a Member State seeking to transfer jurisdiction or by a court of a Member State to which jurisdiction can be transferred.

~~Recital 55: deleted~~

(25) It is appropriate to supplement the system of international jurisdiction established by the 2000 Hague Convention to give due weight to the choice of court made by adults in the Union. To better protect the right to autonomy of adults, the choice of court made by adults at the time when they were in a position to make such arrangements for their future protection should be respected without the need for additional proceedings, in particular the approval by the courts of the Member States of the habitual residence of the adults. While the formal validity of the choice of court should be governed by the rules of this Regulation, the court examining whether it has jurisdiction on the basis of a valid choice of court should apply its law, including its conflict-of-law rules, to assess the substantive aspects of the validity of the choice not regulated in this Regulation. In particular, the choice of court should have been made when the adult was in a position to make such a choice with respect to his or her capacity and consent in the absence of undue influence.

Recital 58: (58) Appropriate safeguards should exist for such processing of special categories of personal data and such data should be processed under this Regulation only where it is necessary for and proportionate to the purposes of processing identified under this Regulation.

(26) Taking into consideration that the personal or financial circumstances of an adult might evolve between the time when the choice of court is made and the time when the adult is in need of protection, the court seised on the basis of the choice of court should have the possibility of assessing whether the choice made by the adult is not contrary to the interests of that adult at the time the court is seised. That assessment should be made primarily with regard to the views of that adult, and the significance of the changes in his or her living conditions and assets since the time when the choice of court was made.

Recital 60: (60) In order to ensure uniform conditions for the implementation of this Regulation as regards the establishment of the decentralised IT system provided for in this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council20 .

(27) The establishment of an additional ground of jurisdiction based on an adult’s choice of court should not disrupt the mechanism established by the 2000 Hague Convention or affect the effectiveness of communication between courts, and should avoid positive and negative conflicts of jurisdiction. The court seised on the basis of the choice made by the adult ▌ should not exercise its jurisdiction where the courts having primary jurisdiction or the court to which jurisdiction was transferred have already exercised their jurisdiction, in particular where those courts have taken a measure, even if that measure related only to some aspects of protection of the person or property of the adult, or have decided that no measure should be taken, or where proceedings are pending before them.

Recital 65 a (new): (65a) In line with UNCRPD, to which the Union and the Member States are parties, persons with disabilities must enjoy the right to legal capacity on an equal basis with others in all aspects of life. The rules applicable for this Regulation should allow a shift from substitute decision-making regimes - such as guardianship, curatorship, and analogous institutions - toward supported decision-making arrangements that respect the rights, will, and preferences of the individual. In recognition of the need to ensure legal certainty and allow sufficient time for Member States to adjust their national legislation and administrative practices, this Regulation should continue to apply to existing protective measures of a substitute nature until 2035. This transitional provision should apply strictly within the scope of this Regulation, which is limited ratione materiae to the private international law rules governing the recognition, enforcement, and applicable law of such protection measures within the Union. It should not affect the procedural autonomy of the Member States or their competence to determine the substantive and procedural frameworks applicable to protection regimes under national law. Moreover, a similar policy orientation should be envisaged for related areas, such as the placement of adults in establishments, where the principles of autonomy and supported decision-making must also be progressively applied in full respect of the national traditions which are favourabl…

(28) As the existence and the extent of an impairment or insufficiency of the personal faculties of an adult can change over time, measures concerning adults should be subject to regular review in accordance with national law so that they remain tailored to the adult’s current circumstances and in order to ensure that they are still proportional. If, after the conclusion of initial proceedings, a new measure needs to be taken or an existing measure requires modification, replacement or termination, jurisdiction should be verified and re-established again in accordance with the applicable jurisdictional rules. In such cases, procedural steps taken in the previous proceedings, such as a prior transfer of jurisdiction, should not prevent courts from exercising their jurisdiction in the new circumstances. Likewise, a court that previously established its jurisdiction on the basis of a choice of court made by an adult should, in the case of new proceedings, reassess whether the conditions for exercising its jurisdiction are still met, for instance that the exercise of jurisdiction is not contrary to the adult’s interest. Similarly, the existence of previous measures taken by a court chosen by the adult should not prevent other courts from taking measures in subsequent proceedings following a change of circumstances.

Recital 65 b (new): (65b) In order to ensure that this Regulation remains effective and aligned with evolving human rights standards, particularly those set out in the UNCRPD, the Commission should carry out an evaluation of its application. This review should pay particular attention to the functioning and advisability of decision-making regimes applied to adults, including the determination of their ability to act on their own behalf, the institution of protective measures, and the placement of adults in establishments. The evaluation should be based on information gathered from Member States and should assess whether further legislative measures are necessary. To ensure transparency and accountability, where no legislative proposal accompanies the report, the Commission should publicly justify its decision within two years of the report’s publication.

(29) The mechanisms established by Articles 7, 9, 10 and 11 of the 2000 Hague Convention giving priority to certain grounds of jurisdiction, limiting the effects of certain measures and setting up an exchange of information between the courts with primary jurisdiction and the courts with subsidiary or concurrent jurisdiction should also apply in the Union to courts exercising their jurisdiction according to the choice made by the adults. Thus, those provisions should apply in respect of the court exercising its jurisdiction on the basis of the choice of court by the adult in the same way as they apply in respect of the courts of the State of habitual residence.

~~Article 1 – paragraph 1 – point a: (a) determine the Member State whose courts have jurisdiction to take measures directed to the protection of the person or property of the adult;~~

(30) If the outcome of succession proceedings before a court of a Member State not having jurisdiction under this Regulation depends on the determination of an incidental question falling within the scope of this Regulation, the courts of that Member State should not be prevented by this Regulation from determining that question. Therefore, if the object of the proceedings is a succession dispute in which the adult is involved and a representative ad litem needs to be appointed to represent the adult in those proceedings, the Member State having jurisdiction for the succession dispute should be allowed to appoint the representative for the pending proceedings, regardless of whether it has jurisdiction under this Regulation. Any such determination should produce effects only in the proceedings for which it was made.

~~Article 1 – paragraph 1 – point b: (b) determine which law is to be applied by such courts in exercising their jurisdiction;~~

(31) If the validity of a legal act undertaken or to be undertaken on behalf of an adult in succession proceedings before a court of a Member State requires permission or approval by a court, a court in that Member State should be able to decide whether to permit or approve such a legal act even if it does not have jurisdiction under this Regulation. The term 'legal act' should include, for example, the acceptance or rejection of inheritance or an agreement between the parties on the sharing out or the distribution of the estate.

~~Article 1 – paragraph 1 – point c: (c) determine the law applicable to the support and representation of the adult;~~

▌

~~Article 1 – paragraph 1 – point e: (e) provide for the recognition of authentic instruments in all Member States in the matters falling under this Regulation~~

(32) The law applicable to matters concerning the protection of adults should be determined in accordance with Chapter III of the 2000 Hague Convention. Accordingly, when taking measures, Member States’ courts should apply the rules on applicable law laid down in the 2000 Hague Convention. In that context, the reference in Article 13(1) of the 2000 Hague Convention to the provisions of Chapter II of that Convention should be understood as referring to the provisions of this Regulation. In addition, the cross‑border legal effects of all types of powers of representation should be governed by the rules on applicable law laid down in the 2000 Hague Convention. To ensure the consistent application of this Regulation, the reference in this Regulation to Chapter III of the 2000 Hague Convention on applicable law should be read as referring to the whole of that Chapter ▌.

~~Article 1 – paragraph 1 – point f: (f) establish cooperation between the courts, competent authorities and Central Authorities of the Member States to achieve the purposes of this Regulation;~~

(33) Mutual trust in the administration of justice in the Union justifies the principle that measures directed to the protection of adults taken in one Member State should be recognised in all Member States without any special procedure being required. That should not preclude any interested natural or legal person from invoking a measure either as an incidental question before a court or by applying for a decision ▌that there are no grounds for refusal of recognition or that recognition is to be refused. It should be for the national law of the Member State where such application is made to determine who should be considered to be an interested person entitled to make such application. To safeguard the adults’ right of access to justice and provide them with sufficient remedies, and regardless of the nature and extent of the measure, adults should have the right to apply for a decision that there are ▌ no grounds for refusal of recognition or that the recognition is to be refused. It should be for the national law to determine whether the grounds for refusal can also be raised ex officio.

Article 1 – paragraph 1 – point g: (g) digitalise the communications between courts, competent authorities and Central Authorities, and provide digital means of communication between natural and legal persons and courts and competent authorities;

(34) The recognition and enforcement of measures in the Union should be based on the principle of mutual trust. Therefore, the grounds for refusal of recognition should be kept to the minimum in the light of the underlying aim of this Regulation, which is to facilitate recognition and enforcement of measures and ▌ to effectively safeguard the rights of the adults. In particular, the jurisdiction of the courts of the Member State of origin should not be reviewed and measures taken by those courts should not be reviewed as to their substance in the Member States in which recognition is invoked or enforcement is sought. Nevertheless, that should not prevent courts having jurisdiction under this Regulation from modifying or terminating an earlier measure or replacing it with another one in the event of new circumstances.

~~Article 1 – paragraph 1 – point h a (new): (ha) establish support measures for adults in the matters falling under this Regulation (23 Rapporteur);~~

(35) It should be possible to refuse the recognition of a measure taken in another Member State only if one or more of the grounds for refusal of recognition in this Regulation are present. To uphold the principle of mutual trust, the list of grounds for refusal of recognition in this Regulation should be exhaustive. ▌

~~Article 1 – paragraph 1 – point i: deleted~~

(36) Measures directed to the protection of adults can be long-term ones and involve successive adjustments. The rules applicable to the refusal of recognition of measures should take account of those changes over time. Therefore, a later measure, taken in another Member State or a third State which would have had jurisdiction under the rules of this Regulation, should supersede an earlier measure to the extent that the measures concerned are irreconcilable. To prevent incompatible measures from being taken in Member States, a closed system of jurisdiction and a mechanism of mutual communication between courts, competent authorities and Central Authorities should be established.

Article 2 – paragraph 1: 1. This Regulation shall apply in civil matters to the protection in cross-border situations of adults who, by reason of an impairment or insufficiency of their personal faculties, are not in a position to protect their interests or require support and safeguards in the exercise of their legal capacity on a temporary or permanent basis (24 Rapporteur).

(37) Proceedings directed to the protection of an adult should, as a basic principle, be guided by the views expressed by the adult. Adults should thus be given an effective and genuine opportunity to express their views freely in accordance with Articles 20, 25, 26 and 47 of the Charter and Articles 3, 9, 12, 13 and 19 of the UNCRPD. This includes the opportunity to participate by means of technical equipment, remotely, as well as communication by non-conventional methods in cases where the adult is absolutely unable to express views. The recognition of a measure taken without the adult having had an opportunity to be heard, should be able to be refused except where there were serious grounds justifying it. This includes, in particular, cases of urgency and cases where the adult was unable to express his or her views, for example due to a medical condition. Nevertheless, due weight has to be given to the adult’s will and preferences, for example by consulting persons close to the adult or through a representative ad litem or by taking into account the adult's social circle or previously declared wishes or other sources of information that can reveal preferences. The fact that the adult has had an opportunity to be heard ▌ in the Member State where a measure was taken should not be assessed in comparison with the procedural principles of the Member State in which recognition is invoked but should be assessed uniformly in the Union. Examples of a case of urgency are situations where the adult needs to undergo urgent surgery, or where there is an imminent danger for the adult’s property.

~~Article 2 – paragraph 3 – point a: (a) determining the extent to which an adult is able to act on their own behalf and the institution of a protective regime;~~

(38) The procedure and method for hearing the adult should be left to national law, while ensuring a genuine and effective opportunity for adults to express their views, will and preferences. Due respect should also be given to the rights of adults to accessibility. When a hearing is required in a cross-border context, Member States’ courts should use the specific instruments of international judicial cooperation, including, where appropriate, those provided for by Regulation (EU) 2020/1783 of the European Parliament and of the Council. Without prejudice to the right of the adult to be present in the room in accordance with national law, where one of the parties or their representative is present in another Member State at the time of the hearing, they should be able to participate in the hearing through videoconferencing or other distance communication technology provided for in Regulation (EU) 2023/2844 of the European Parliament and of the Council, taking into account their procedural rights.

~~Article 2 – paragraph 3 – point a a (new): (aa) measures to provide access by adults to the support they may require in exercising their legal capacity;~~

(39) ▌Authentic instruments directed to the protection of adults and their interests should be accepted in all Member States. An authentic instrument directed to the protection of an adult or his or her interests drawn up or registered by a public authority or other authority of a Member State, such as a notary, can in particular record powers of representation granted by an adult for a time when that adult will not be in a position to protect his or her interests, or advance directives recording the wishes and preferences of the adult or giving direct instructions in some matters including health, welfare or the appointment of a representative by a court or a competent authority. Those authentic instruments should have the same evidentiary effects in another Member State as they have in the Member State of origin, or the most comparable effects. When determining the evidentiary effects of a given authentic instrument in another Member State or the most comparable effects, reference should be made to the nature and the scope of the evidentiary effects of the authentic instrument in the law of the Member State of origin.

Article 2 – paragraph 3 – point a b (new): (ab) powers of representation granted by adults for their support or representation, to be exercised when those adults require support in protecting their interests;

(40) The ‘authenticity’ of an authentic instrument should be an autonomous concept covering elements such as the genuineness of the instrument, the formal prerequisites of the instrument, the powers of the authority drawing up the instrument and the procedure under which the instrument is drawn up. The authenticity should also cover the factual elements recorded in the authentic instrument by the authority concerned, such as the fact that the adult indicated appeared before that authority on the date indicated and made the declarations indicated.

~~Article 2 – paragraph 3 – point b: deleted~~

(41) To facilitate the circulation of measures and authentic instruments in the Union, it is necessary to provide for attestations to accompany them where they need to be recognised, enforced or, where applicable, accepted abroad. The procedures for rectifying, withdrawing and challenging attestations used for the recognition and enforcement of measures and the acceptance of authentic instruments should be governed by national law. According to the case law of the Court of Justice of the European Union, courts exercise judicial functions when they issue ▌ attestations for measures, and such issuance ▌ forms part of the continuity of the previous judicial proceedings. Therefore, adequate and effective remedies in the context of such issuance should be made available by Member States.

~~Article 2 – paragraph 3 – point c: deleted~~

(42) Central Authorities should be designated in all Member States. Member States should consider designating the same Central Authority for this Regulation as that which is designated for the 2000 Hague Convention. Member States should ensure that Central Authorities have adequate financial and human resources to enable them to carry out the tasks assigned to them under this Regulation.

~~Article 2 – paragraph 3 – point d: (d) the designation and functions of any person or body providing support in decision making to an adult with regard to property, or other forms of assistance;~~

(43) Central Authorities should in particular assist courts and competent authorities in cross-border proceedings, and cooperate both in general matters and in specific cases. In specific cases, the cooperation should not be limited to a specific part of the judicial or administrative procedure, and should be initiated and continued where a cross-border element exists and there is a need for cooperation.

~~Article 2 – paragraph 3 – point d a (new): (da) the designation and functions of any person or body that is granted the powers of representation;~~

(44) To avoid unnecessary intermediaries and foster prompt communication, courts and competent authorities should be able to request information or assistance directly from the Central Authority, court or competent authority of the requested Member State, but should also be able, where appropriate, to send their request through the Central Authority of their Member State.

~~Article 2 – paragraph 3 – point d b (new): (db) the designation and functions of any person or body that is granted the powers of representation;~~

(45) The Central Authorities should be tasked with, inter alia, assisting courts or competent authorities of other Member States with locating an adult or a natural or legal person who is likely to provide protection to the adult where that person appears to be present within the territory of the requested Member State. The person likely to provide protection to the adult might be, for instance, a family member of the adult present in another Member State who is not aware of the ongoing proceedings. Where a court or competent authority presumes that that person is likely to provide protection to the adult, including on the basis of information provided by the adult, but does not possess his or her contact details, it might request another Member State to assist it in determining the whereabouts of that person. Upon such request, the Central Authority of the requested Member State should take appropriate steps to provide that assistance either directly or through any competent authorities or other bodies. The assistance might include, for instance, a search in databases under their responsibilities and should be provided in accordance with the national law and procedure of the requested Member State. The national law of the requested Member State should also govern the possibility that a person who, on the basis of the request from the other Member State, is likely to provide protection to the adult, refuses to be identified and to have the whereabouts of that person transmitted to the requesting court or competent authority.

~~Article 2 – paragraph 3 – point e: deleted~~

(46) According to Article 19 of the UNCRPD, persons with disabilities are to have the opportunity to choose their place of residence and where and with whom they live, on an equal basis as others, and they are not to be obliged to live in a particular living arrangement. For the purposes of this Regulation, situations might arise where the courts of a Member State need to take a measure concerning the place of residence or temporary placement of an adult. In principle, the term ‘placement’ can cover the case where a measure is ordered without the consent of the person concerned, as well as voluntary placement without restrictions on the liberty of the person concerned, including living and related protection arrangements. In the context of this Regulation, the term ‘placement’ should be interpreted as covering only cases where a court takes a placement measure. It is important that, whenever possible, such measures be in line with the best interpretation of the adult's will and preferences. Examples of such situations are cases where courts provide assistance to the adult in making a decision about his or her place of residence or where, an adult is not in a position to express his or her views and has not granted a representative the power to make a decision concerning his or her place of residence, and an admission to a care facility is required. ▌

~~Article 2 – paragraph 3 – point f: deleted~~

(47) Where placement of an adult is to be implemented in another Member State, the procedure set out in Article 33 of the 2000 Hague Convention should be applied. Therefore, the placement measure should not be taken if the Central Authority, court or competent authority of the Member State in which the placement would be implemented opposes the placement after having received a consultation request. The consultation made by the court of the requesting Member State should include a report on the adult together with the reasons for the proposed measure, information on the considered funding and, where possible, the views expressed by the adult concerned, in light of Article 19 of the UNCRPD. Best efforts should be made to ensure that the contemplated placement respects the will and preferences of the adult. The report from the court of the requesting Member State may also include any other information that the court considers pertinent, such as the expected duration of the placement and envisaged supervision of that measure. The reasonable time, as referred to in Article 33(2) of the 2000 Hague Convention, to indicate opposition to a contemplated placement should be interpreted in the context of this Regulation as a period of no longer than three months.

~~Article 2 – paragraph 3 – point g: deleted~~

(48) In situations where an adult has ▌ connections with a Member State other than the one whose courts are exercising jurisdiction under this Regulation, for example connections based on the adult’s regular presence, or complex financial assets in that Member State, the designation of a competent authority as representative in that other Member State might be required. In those situations, geographical proximity of the representative and good knowledge of the legislation might be necessary, for example to ensure a smooth implementation of a measure, and the continuity of the protection of the adult across borders. Designation of such a competent authority as representative of the adult ▌ should be possible if allowed under the national law of the Member State whose competent authority is designated. Such designation requires the consent of the Central Authority or the competent authority to be designated in the requested Member State.

Article 2 – paragraph 5: 5. Paragraph (4) does not affect, in respect of the matters referred to therein, the entitlement of a person to provide the adult support in decision making, nor the executing powers of representation.

(49) For the purposes of this Regulation, courts and competent authorities should be able to communicate and exchange information with courts and competent authorities of other Member States, either directly or through their Central Authorities, in accordance with applicable rules, such as on the protection of personal data. For instance, a court in a Member State contemplating a measure should be able to request a court or a competent authority of another Member State to communicate information relevant to the protection of an adult, if the situation of the adult so requires. This also applies to competent authorities with regard to implementation of a measure. In addition, where a court or competent authority determines that an adult present in another Member State is exposed to a serious danger, it should promptly inform the court or competent authority of that Member State. Furthermore, to enhance judicial harmony and consistency of decisions across Member States and to ensure that national records and registers are up to date, a court that modifies, replaces or terminates a measure taken by a court of another Member State should, where appropriate, notify that court about such modification, replacement or termination.

Article 3 – paragraph 1 – point 2: (2) ‘measure’ means any measure taken by a court or a competent authority of a Member State, whatever it may be called, directed to the support or protection of an adult or their property;

(50) Nevertheless, Central Authorities, courts or competent authorities should not disclose or confirm any information gathered or transmitted for the purposes of this Regulation where it could jeopardise the health, safety or liberty of the adult or another person, or place the property of the adult in danger. The assessment should be based on reliable and specific information available to them, in order to prevent insufficiently justified non-disclosure. As an example, in circumstances where domestic violence has occurred and a court has ordered the new address of the adult not to be disclosed, Central Authorities, courts or competent authorities should refuse to provide contact details of the adult. Where appropriate, however, it should be possible for a request under this Regulation to be processed by Central Authorities, courts and competent authorities without them transmitting, disclosing or confirming the information that could jeopardise the health, safety or liberty of the adult or another person or place the property of the adult in danger. However, in cases where merely making the request could already jeopardise the health, safety or liberty of the adult, there should not be an obligation under this Regulation to make such a request.

Article 3 – paragraph 1 – point 5 – introductory part: (5) ‘authentic instrument’ means a document in a matter of support or protection of an adult which has been formally drawn up or registered as an authentic instrument in a Member State and the authenticity of which:

(51) In order to achieve agreed solutions for the protection of the person or property of the adult, Member States could encourage, to the extent that the specific circumstances of the case allow, the use of mediation or other means of alternative dispute resolution. This could, for instance, be between the adult and those responsible for his or her protection or support in order to consider a measure which could be beneficial.

Article 3 – paragraph 1 – point 6: (6) ‘court’ means any judicial or administrative authority of a Member State with jurisdiction in the matters falling within the scope of this Regulation pursuant to Article 2;

(52) The extent to which the costs of implementing a measure are to be borne in the requesting Member State should be determined by the national law of the Member State where a measure is to be implemented. It is up to the requesting Member State to determine who would bear the costs and under which modalities, for example reimbursement. The costs of implementing a measure in another Member State are to be understood as, for instance, the costs of placement such as expenses for transferring the person, the costs of designation of a competent authority abroad or the fees paid to the representative. Those costs should be related only to the implementation of a measure covered by the scope of this Regulation.

~~Article 3 – paragraph 1 – point 9: (9) ‘competent authority’ means a public authority or public office holder of a Member State with responsibilities in matters of protection of adults;~~

(53) Member States should not be prevented from entering or maintaining existing agreements or arrangements with one or more other Member States concerning the allocation of costs. This includes the costs related to the implementation of measures in another Member State as well as the costs of Central Authorities and competent authorities.

~~Article 3 – paragraph 1 – point 10: deleted~~

(54) Representatives of adults who, by reason of an impairment or insufficiency of their personal faculties, are not in a position to protect their interests, should be able to invoke their powers to represent or support those adults and to protect the interests of those adults without obstacles within the Union. Therefore, representatives should be able to demonstrate easily their status and powers in another Member State, for instance in a Member State in which those adults’ real property or other assets are located. To enable them to do so, a European Certificate of Support and Representation (‘the Certificate’) should be created. The Certificate should be a uniform certificate to be intended for use in cross-border situations and issued for use in another Member State. In order to respect the principle of subsidiarity, the Certificate should not take the place of internal documents which might exist for similar purposes in Member States. The Certificate should produce the same effects in all Member States. However, the Member State of issuance could provide in its national law that the Certificate does not produce effects when used in that Member State.

~~Article 3 – paragraph 1 – point 12: deleted~~

(55) The Certificate can be requested by the adult or the adult’s representative on the basis of an existing measure or confirmed powers of representation ▌. It should therefore only be issued in situations where an adult is ▌ not, either partially or completely, in a position to protect his or her interests and the representative is entitled to actively represent or support that adult in one or more specific matters. The Certificate should include information on the matters in which the representative is entitled to represent or support the adult and on the extent of the powers which the representative is entitled to exercise. Those matters could be, for instance, the control, management and disposition of the adult's real property or other assets, the acquisition of real property or other assets, the carrying-out of a contract entered into by the adult, the carrying-on, by the adult or on the adult’s behalf, of any trade or business, the discharge of the adult’s responsibilities and legal obligations, the conduct of legal proceedings and transactions in the adult’s name or on the adult’s behalf, decisions concerning the adult's personal welfare and place of residence and medical decisions, including giving and refusing consent to the carrying-out of a medical treatment. If the measure or confirmed powers of representation allows the representative to support the adult, the Certificate should indicate what this entails. A matter in which the representative is entitled to support the adult could, for instance, be to support the adult in judicial proceedings or proceedings before authorities. Where applicable, the Certificate should include information on the matters where the representative is not entitled to act or is entitled to act under certain conditions or with certain limitations. Such conditions or limitations might, depending on the circumstances, include requirements for a prior authorisation by a court or supervisory authority before certain transactions can be performed, the obligation for multiple representatives to act or make decisions jointly, or the stipulation that the representative acts solely in support of the adult.

~~Article 6 – paragraph 1 – point a: (a) the adult chose the authorities of that Member State, at the time when he or she was still in a position to protect his or her interest;~~

(56) The use of the Certificate should not be mandatory, meaning that the adult or the adult’s representative who is entitled to apply for a Certificate or to whom a Certificate has been issued should be under no obligation to apply for or use the Certificate, but should be free to use national documents or other instruments available under this Regulation, such as measures or authentic instruments ▌. Persons acting on their own behalf should not be required to present a Certificate, so the Certificate should be issued only ▌ to demonstrate ▌ powers to act in support or on behalf of an adult. In respect for the autonomy of the adult, the Certificate should not be used or requested as a means of proving an adult's capacity or incapacity in general or in relation to a specific matter.

Article 6 – paragraph 1 – point a a (new): (aa) the choice of court was, at the time when the choice was made, in favour of a Member State: / i. of which the adult is a national; / ii. of the adult’s habitual residence; / iii. of habitual residence of a person close to the adult prepared to undertake their support and representation ; or / iv. where the property of the adult is located.

(57) To expedite the issuance of the Certificate and to ensure that the court or competent authority issuing the Certificate has sufficient information about the case at hand, the competence to issue the Certificate should be vested with the court or competent authority of a Member State, which has either taken the measure or confirmed the powers of representation, or with another court or competent authority that has access to information on that measure or confirmed powers of representation (‘issuing authority’). It should be for each Member State to designate its issuing authorities among one or more of those courts and authorities, as applicable, and to determine whether they can involve other competent authorities in the issuing process. Member States should communicate to the Commission the relevant information concerning the issuing authorities in order for that information to be made publicly available.

Article 7 a (new): Article7a / Support measures / In proceedings concerning the protection of an adult that fall within the scope of this Regulation, courts shall ensure, in accordance with national procedural law, that the adult has access to appropriate legal support, including: / (a) free assistance as regards the determination of jurisdiction, including guidance on the most appropriate forum in the event that multiple Member States could be competent under this Chapter; / (b) providing, where appropriate, accessible videoconferencing or other distance communication means, in accordance with Article 5 of Regulation (EU) 2023/2844, where an adult is heard in judicial proceedings. The first paragraph, point (b), is without prejudice to the the right of the adult concerned to be present in the room and protect their best interest in that case and the court shall take into account the specific needs of persons with disabilities.

(58) To ensure that the process of the issuance of the Certificate is uniform throughout the Union, the rules on the issuance of the Certificate should be set out in this Regulation. The issuing authority should issue the Certificate upon application and after verifying that the conditions for the issuance have been fulfilled. The process of verification should ensure that the Certificate corresponds to the content of the measure or confirmed powers of representation. The process of the application for and the issuance of the Certificate should be simplified by the fact that the issuing authority has access to the ▌ measure or ▌ confirmed powers of representation on the basis of which the Certificate is to be issued and has knowledge concerning their continued validity and the information contained therein. ▌The issuing authority should be able to request from the applicant, or other persons such as the adult or another representative, or courts and competent authorities of other Member States, additional information and documents necessary for verifying the conditions for the issuance of the Certificate. The verification process should not include a review of the substance of the measure or the confirmed power of representation ▌. ▌

Article 7 b (new): Article 7b / Incidental questions / If the validity of a legal act undertaken or to be undertaken on behalf of an adult in succession proceedings before an authority of a Member State requires permission or approval by a court, a court in that Member State may decide whether to permit or approve such a legal act even if it does not have jurisdiction under this Regulation.

(59) The Certificate should indicate in which matters and to which extent the representative is authorised to represent or support the adult, on the basis of the measure or confirmed powers of representation. As appropriate, the issuing authority should also indicate any limitations of the representative’s powers, or conditions attached to such powers, or which powers the representative does not have. Such limitations could follow from the national law of the issuing Member State, but also from the law of another State applicable to the matter.

Article 8 a (new): Article 8a / Support measures / The competent authorities shall establish and provide accessible support measures free of charge including: / (a) multilingual guidance tools to inform adults and their representatives about the applicable law under this Chapter, ensuring they understand the legal consequences of protection measures in different Member States; / (b) dedicated legal information services for adults to understand and deal with conflicts of law, particularly when advance planning instruments or decisions made in one jurisdiction require recognition elsewhere.

(60) The Certificate should be issued in a mandatory form set out in an annex to this Regulation. To reduce translation costs when the Certificate is presented in another Member State, the form for the Certificate annexed to this Regulation should be available in all official languages of the institutions of the European Union. The original of a Certificate which was not issued in a digital format should remain with the issuing authority. Member States could decide the format in which the Certificate is issued. Where possible under national law, it should be issued upon request in a digital format that has been signed or sealed in accordance with Regulation (EU) No 910/2014 of the European Parliament and of the Council or as a qualified electronic attestation of attributes or an electronic attestation of attributes issued by or on behalf of a public sector body responsible for an authentic source, to the applicant’s European Digital Identity Wallet as provided for in that Regulation. It should be permitted to complement paper-based certified copies with a digital format of the Certificate, allowing the applicant to choose the digital format or the certified copy, or both. When requested, the issuing authority should confirm the validity of the Certificate, to any person demonstrating a legitimate interest, within reasonable time.

~~Article 10 – paragraph 1 – introductory part: The recognition of a measure taken in another Member State shall be refused in the following cases:~~

(61) To ensure that the Certificate and its certified copies remain up to date and based on a valid ▌ measure or confirmed powers of representation, the validity of the Certificate and of its certified copies should be limited in time. Upon the expiry of the Certificate, the issuing authority can issue a new Certificate if all of the conditions for the issuance of the Certificate are fulfilled. The purpose of the limited validity is to ensure that the issuing authority regularly verifies that the legal situation concerning the adult has not changed, for instance on the basis of a later measure concerning the adult or of a revocation of the representative’s powers. The validity of the Certificate should be in principle limited to one year. However, the issuing authority should be able to set a different validity period of the Certificate on a case-by-case basis, in particular bearing in mind the presumption of validity of the Certificate and the effects linked to the issued Certificate, especially the protection of third parties dealing with the representative. The issuing authority should consider in particular the nature and the expected duration of the protection, the validity of the ▌ measure on the basis of which the Certificate is to be issued, any arrangements made by the adult in the ▌ confirmed powers of representation on the basis of which the Certificate is to be issued, as well as the objective that the Certificate should reflect accurately the legal situation of the adult throughout the duration of validity of the Certificate. Against that background, the issuing authority should be able to issue the Certificate for a shorter period than a year, for instance where the ▌ measure on the basis of which the Certificate is to be issued is to last for a period less than a year. The issuing authority should also be able to issue the Certificate for a period longer than a year, for instance where that measure is to last for several years and the likelihood of a change in the adult’s circumstances is minimal, or where the confirmed powers of representation on which the Certificate is based are of unlimited duration. In any event, the validity of the Certificate should not exceed the duration of the measure or the confirmed powers of representation on which it is based, or a maximum period of five years, whichever is shorter. The validity period of the certified copies of the Certificate should correspond to the validity period of the Certificate.

Article 10 – paragraph 1 – point a: (a) if the measure was taken, except in a case of urgency, in the context of a judicial or administrative proceedings, without the adult having been provided the genuine and effective opportunity to be heard or without respecting the will and preference of the adult ;

(62) The Certificate ▌ should not be an enforceable title in its own right but should have an evidentiary effect and should be presumed to demonstrate accurately the elements included in the Certificate ▌ . That presumption of accuracy is strengthened by the fact that before issuing the Certificate, the issuing authority should verify ▌ that the ▌ measure or the ▌ confirmed powers of representation on the basis of which the Certificate is to be issued remain valid and have not been replaced by a later measure or confirmed powers of representation. The presumption should be rebuttable. The evidentiary effects of the Certificate should not extend to elements that are not governed by this Regulation, such as to the question whether a particular asset belonged to the adult.

Article 12 a (new): Article 12a / Support measures / Courts and competent authorities shall designate cross-border liaison officers to assist adults and their representatives in addressing enforcement-related difficulties.

(63) Any person presented with a Certificate who deals with a representative ▌ should be afforded appropriate guarantees if that person acted in good faith relying on the accuracy of the information certified in the Certificate. An example of inaccuracy would be where the power of representation or the measure has ceased. The person presented with the Certificate should be deemed to have dealt with a representative authorised to represent or support the adult in the matters and to the extent specified in the Certificate, provided that any limitations and conditions set out in the Certificate are duly observed. This might include a situation where the person who, relying on the information certified in a valid Certificate, grants access to the adult’s representative to real property or other assets of the adult, makes payments to the representative, or buys or receives property from that representative. ▌

Article 14 – paragraph 2: 2. The authority before which a measure taken in another Member State is invoked or before which recognition or enforcement of a measure taken in another Member State is sought or contested, may, where necessary, only require the applicant to provide a translation or a transliteration of the contents of the attestation referred to in paragraph (1), point (b) where that authority considers that the information included in the form is not sufficient for processing the application.

(64) To ensure access to justice and to improve the reliability of the Certificate, it is necessary to provide for the possibility of rectifying, modifying or withdrawing a Certificate, as well as for redress against decisions of the issuing authority to issue or to refuse to issue a Certificate or decision to rectify, modify or withdraw a Certificate. In particular, it should be possible to modify or withdraw a Certificate where it is established that the Certificate or the individual elements thereof are not accurate or valid. The withdrawal should occur where the inaccuracy or invalidity cannot be corrected by modifying the Certificate, such as when the adult is no longer in need of protection, the representative identified in the Certificate is not authorised to represent or support the adult, or the powers indicated in the Certificate substantially differ from those in the measure or confirmed powers of representation on the basis of which the Certificate is issued. Where the Certificate is rectified, modified or withdrawn, the issuing authority should, without delay, inform relevant persons, especially those to whom certified copies of the Certificate or the Certificate in a digital format have been issued, so as to avoid their wrongful use. A withdrawn Certificate or a previous version of a modified Certificate should be deemed invalid and should not produce legal effects. Member States should also be able to provide that the related certified copies should be returned to the issuing authority.

~~Article 16 – title: Recognition of authentic instruments~~

▌

Article 18 – paragraph 2: 2. Where a Member State has designated more than one Central Authority, communications shall be sent directly to the relevant Central Authority with competence. Where a communication is sent to a Central Authority without competence, the latter shall forward it, without undue delay, to the Central Authority with competence and inform the sender accordingly.

(65) Modern and time-efficient means of ▌ communication between Member States' courts, competent authorities and Central Authorities should be ensured. For the proceedings under this Regulation, ▌ communication between Member States’ courts, competent authorities and Central Authorities should, as a rule, be carried out by electronic means, via a secure and reliable decentralised IT system. That decentralised IT system should be comprised of the back-end systems of Member States and interoperable access points, including the European electronic access point established on the European e-Justice Portal by Regulation (EU) 2023/2844▌. The access points of the decentralised IT system should be based on the e-CODEX system established by Regulation (EU) 2022/850 of the European Parliament and of the Council.

Article 18 – paragraph 3: 3. Member States shall ensure that Central Authorities have sufficient and appropriate facilities in terms of staff, resources and modern means of communication to adequately fulfil, without undue delays, their tasks under this Regulation. The Commission shall offer technical assistance to the Member States’ Central Authorities through online guides and shall respond in due time to requests from the Member States’ Central Authorities.

(66) For the purposes of this Regulation, Member States should be able to use software developed by the Commission (‘reference implementation software’) instead of a national IT system. That reference implementation software should be based on a modular setup, meaning that the software is packaged and delivered separately from the eCODEX components needed to connect it to the decentralised IT system. Such a setup should enable Member States to reuse or enhance their existing national communication infrastructure for the purposes of cross-border use.

~~Article 19 – paragraph 1: 1. Central Authorities shall carry out the following tasks:~~

(67) The Commission should be responsible for the creation, development and maintenance of the reference implementation software, in accordance with the principles of data protection by design and by default, and with accessibility requirements. The Commission should design, develop and maintain the reference implementation software in compliance with the data protection requirements and principles laid down in Regulations (EU) 2018/1725 and (EU) 2016/679 of the European Parliament and of the Council, in particular the principles of data protection by design and by default as well as a high level of cybersecurity. In particular, any natural or legal person that takes part in creating, developing or maintaining the national IT systems or the reference implementation software should be bound by those requirements and principles. The reference implementation software should also include appropriate technical measures and should allow for organisational measures, including the necessary oversight for ensuring a level of security and interoperability which is appropriate for the exchange of information in the context of cross-border procedures. In order to ensure interoperability with national IT systems, the reference implementation software should be able to implement the digital procedural standards, as defined in Regulation (EU) 2022/850, for this Regulation.

~~Article 19 – paragraph 1 – point a (new): (a) cooperate and promote cooperation among the competent authorities in their Member States in the application of this Regulation;~~

(68) Transmission through the decentralised IT system might be impossible due to a disruption of the system. Any disruption of the system should be resolved as soon as possible by the relevant Member States. The transmission might also be impossible in practice due to the physical or technical nature of the content to be transmitted ▌, such as physical ▌ evidence or an original document in paper format to assess its authenticity, or due to force majeure. Situations of force majeure, as a general rule, follow from unforeseeable and unavoidable events arising from a cause external to the court, competent authority or Central Authority. Where the decentralised IT system is not used, communication should be carried out by the most appropriate alternative means. Such alternative means should entail, inter alia, transmission being performed as swiftly as possible and in a secure manner by other secure electronic means, by postal service or by transmission in person where such transmission is possible.

Article 19 – paragraph 1 – point b (new): (b) communicate information on national laws, procedures and services in matters relating to the protection of adults, take the measures that they consider appropriate for improving the application of this Regulation;

(69) In order to ensure swift, secure and efficient cooperation, the decentralised IT system should be used by default in the communication between courts, competent authorities or Central Authorities. However, for the purpose of ensuring flexibility of judicial cooperation in the area of the protection of adults, other means of communication might be more appropriate in certain situations. Therefore, communication through the decentralised IT system should not be obligatory for direct communication between courts, competent authorities or Central Authorities, in particular where the courts, competent authorities or Central Authorities, need direct personal communication. In such cases, less formal communication means, such as email, could be used. Considering that courts, competent authorities or Central Authorities deal with sensitive data, the security and reliability of the information exchange should always be ensured when selecting the appropriate means of communication.

~~Article 19 – paragraph – point 1 c (new): (c) facilitate communications, by every means, between the competent authorities.~~

(70) It is necessary to provide ▌ a modern means of access to justice making it possible for natural and legal persons and Member States’ courts and competent authorities to communicate electronically through the European electronic access point.

~~Article 19 – paragraph 2: deleted~~

(71) In the context of communication by natural and legal persons with courts or competent authorities in cross-border cases, electronic communication should be used as an alternative to the existing means of communication, including national means, without affecting how natural or legal persons communicate with their national courts or competent authorities, in accordance with national law. In the case of communication by legal persons with courts or competent authorities, the use by default of electronic means should be encouraged. Nevertheless, to ensure that access to justice through digital means does not contribute to a further widening of the digital divide, the choice of the means of communication between electronic communication, as provided for by this Regulation, and other means of communication should be left to the discretion of the persons concerned. This is particularly important in order to cater for the specific circumstances of persons who might lack the requisite technical means or digital skills to access digital services and of persons with disabilities, as Member States and the Union have committed themselves to taking appropriate measures in accordance with the UNCRPD and the Charter.

~~Article 19 – paragraph 3: deleted~~

(72) The European electronic access point should allow electronic communication by natural and legal persons with Member States’ courts and competent authorities in the context of the proceedings for a decision that there are grounds for refusal of recognition ▌ of a measure or that there are no such grounds, of the issuance of attestations, and of the issuance, rectification, modification, withdrawal or suspension, or any redress procedures, of the Certificate. It should also be possible to have the validity of a Certificate confirmed through the European electronic access point. Member States’ courts and competent authorities should communicate or serve documents through the European electronic access point only where the natural or legal person concerned or their representative or a person acting on their behalf, such as a lawyer, has given prior express consent to the use of the European electronic access point as a means of communication or method of service.

~~Article 21 – title: Living and Support Arrangements~~

(73) The legal framework for conducting hearings through videoconferencing or other distance communication technology where one of the parties or their representative or a person acting on their behalf, such as a lawyer, is present in another Member State established by Regulation (EU) 2023/2844 should apply in proceedings pursuant to this Regulation.

Article 21 – paragraph 1: 1. If an authority of a Member State contemplates a decision on living and support arrangements, including, where applicable, the placement of the adult in another Member State in an establishment or other institution where protection can be provided, it shall, in accordance with national law, obtain the consent of the adult, and obtain the consent of a Central Authority of that other Member State. To that effect, it shall transmit to the Central Authority of the requested Member State a report on the adult together with the reasons for the proposed measure, using the form set out in Annex VI.

(74) Regulation (EU) No 910/2014 sets up a common Union regulatory framework for the recognition of electronic identification means and electronic trust services (‘e-IDAS trust services’), in particular electronic signatures, electronic seals, time stamps, electronic delivery services and website authentication, which are recognised across borders as having the same legal status as their physical equivalents. It is therefore appropriate to provide for the use of the e-IDAS trust services for the purposes of electronic communication.

~~Article 21 – paragraph 2: 2. Paragraph (1) shall not apply where the placement is living and support arrangements are contemplated with a private person~~

(75) Where a document transmitted as part of electronic communication under this Regulation requires a seal or signature, a qualified electronic seal or signature as defined in Regulation (EU) No 910/2014 should be used by courts, competent authorities or Central Authorities and a qualified electronic signature or electronic identification should be used by natural or legal persons. However, this Regulation should not affect the formal requirements applicable to documents produced in support of a request, which could be electronic originals or certified copies. This Regulation should also be without prejudice to national law regarding the conversion of documents and to any requirements regarding the authenticity, accuracy, reliability, trustworthiness and appropriate legal form of documents or information, except with regard to the conditions relating to the communication by electronic means introduced by this Regulation. Member States should ensure that adequate resources are allocated to handle electronic communication through the decentralised IT system.

Article 21 – paragraph 3: 3. Except where exceptional circumstances make this impossible, the decision of the Central Authority of the requested Member State granting or refusing consent shall be transmitted to the requesting authority no later than six weeks following the receipt of the request.

(76) In order to enhance electronic cross-border communication and transmission of documents through the decentralised IT system, including through the European electronic access point, those documents should not be denied legal effect and should not be considered inadmissible in the proceedings solely on the grounds that they are in electronic form. However, that principle should be without prejudice to the assessment of the legal effects or the admissibility of those documents, which could constitute evidence in accordance with national law.

Article 21 – paragraph 4 a (new): 4a. Any living and support arrangements of adults covered by this Regulation shall be based on the obligations of the Member State emanating from the United Nations Convention on the Rights of Persons with Disabilities, in particular with respect to avoiding segregation and limiting freedom of choice. Decisions on living and support must respect the will and preferences of the adult.

(77) Any processing of personal data under this Regulation should be undertaken in accordance with Regulations (EU) 2016/679 ▌ and (EU) 2018/1725 ▌ and Directive 2002/58/EC of the European Parliament and of the Council. ▌

Article 26 – paragraph 1: 1. In the event that the adult is exposed to a serious danger, the competent authorities of the Member State where measures for the protection of the adult have been taken or are under consideration, if they are informed that the adult's residence has changed to another Member State, or that the adult is present in another Member State, shall inform without undue delay the competent authorities of that other Member State about the danger involved and the measures taken or under consideration.

(78) In general, personal data to be processed under this Regulation should be personal data included in the information gathered or transmitted pursuant to this Regulation and related to adults and their representatives. That personal data should concern in particular the data needed to take measures concerning adults within the scope of this Regulation and to ensure their continued protection in cross-border situations. In applying this Regulation, that personal data will be processed by Member States’ courts, competent authorities and Central Authorities. In addition, the Commission might need to process that data for the purpose of developing and maintaining electronic communication means. In accordance with Regulation (EU) 2016/679, data should be processed under this Regulation for the purposes set out in this Regulation and should not be stored for longer than what is necessary for those purposes, without affecting further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes. Without prejudice to Union and national law, this Regulation does not limit the storage period of information and personal data processed by ▌ Member States ▌, since the protection of adults often needs to be ensured in the long term and the measures and authentic instruments remain relevant for an extended period. The authority transmitting information should inform the receiving authority in another Member State of the confidential nature of the information under their national law. If the receiving Member State cannot ensure the confidentiality of the information under its national law, the transmitting Member State could consider not transmitting the information.

Article 29 a (new): Article 29a / Cooperation for pre-authorised data sharing / 1. Persons or bodies providing support in decision-making or having power of representation shall be entitled to request for information on their appointment and the related decision to be transferred to an authority in another Member State. The request shall contain an explicit authorisation by that person or body to the authority in another Member State, which can be withdrawn at any point in time. / 2. Upon a request referred to in paragraph 1, the competent authority shall contact the authority in the country of origin to request this information.

▌

~~Article 30 – paragraph 2: 2. Each Central Authority and each competent authority shall bear its own costs in applying this Regulation.~~

(79) ▌Data processing is also necessary to enable courts, competent authorities and Central Authorities to access ▌ information on whether an adult concerned by the matter they are handling or are responsible for is under protection in another Member State or has expressed, in powers of representation, will and preferences concerning his or her future protection. That will in turn contribute to ensuring continued protection of that adult in cross-border situations and to increasing legal certainty and predictability. ▌

Article 33 a (new): Article 33a / Support measures / 1. Member states shall: / (a) appoint cross-border liaison contact persons specialising in adult protection and supported decision-making matters to participate in a European Network for the purpose of facilitating coordination between Member States; / (b) establish online cooperation and training platforms to allow professionals assisting adults such as legal representatives, social workers or medical experts to exchange best practices; / (c) consider the establishment of AI-assisted case management tools, where appropriate and in line with Regulation (EU) 2024/1689 of the European Parliament and of the Council1a, to streamline communication between courts and competent authorities handling protection measures across jurisdictions. Such tools shall comply with EU fundamental rights, data protection, and transparency requirements and any decision-making based on such tools shall remain human-led. / 2. Where appropriate, and in line with Regulation (EU) 2024/1689, competent authorities may use AI-driven tools to enhance access to justice and support adults and their legal representatives in cross-border situations, provided such tools comply with EU fundamental rights, data protection, and transparency requirements. Such tools may be considered within the cooperation framework of the European Judicial Network and include cross border specific projects such as: / (a) AI supported toolkits to provide, where appropriate, legal assistance to adults…

(80) Member States’ courts, competent authorities and Central Authorities should process personal data in accordance with applicable data protection legislation, in particular Regulation (EU) 2016/679. This Regulation should provide for the legal basis for the processing of personal data ▌ pursuant to Article 6(1) and (3) of Regulation (EU) 2016/679. This Regulation should also provide for the legal basis for processing of personal data by the Commission pursuant to Article 5(1) and (2) of Regulation (EU) 2018/1725.

~~Chapter VII – title: EUROPEAN CERTIFICATE OF SUPPORT AND REPRESENTATION~~

(81) Data concerning adults processed under this Regulation could also include personal data concerning the health of ▌ adults. Such health-related personal data might be explicitly included in the information gathered or transmitted under this Regulation or indirectly inferred from the fact that an adult is not, by reason of an impairment or insufficiency of his or her personal faculties, in a position to protect his or her interests. Pursuant to Article 9 of Regulation (EU) 2016/679, personal data concerning health should be treated as a special category of personal data. It is necessary to provide conditions and safeguards for the processing of those special categories of personal data by Member States’ courts, competent authorities and Central Authorities in line with Article 9(2) of Regulation (EU) 2016/679. Personal data will be processed by Member States’ courts in their judicial capacity in conformity with Article 9(2), point (f), of Regulation (EU) 2016/679, or the processing will be, in conformity with Article 9(2), point (g), of that Regulation, necessary for reasons of substantial public interest on the basis of this Regulation, which aims to enhance the protection of fundamental rights and freedoms and other rights of adults in cross-border situations, to improve the effectiveness and speed of judicial and administrative proceedings concerning the protection of adults and to strengthen legal certainty and predictability in cross-border dealings. Similarly, this Regulation provides for conditions and safeguards for the processing of those special categories of personal data by the Commission in line with Article 10(2) of Regulation (EU) 2018/1725. That processing of data will be necessary for ▌ reasons of substantial public interest on the basis of this Regulation, in conformity with Article 10(2), point (g), of that Regulation.

~~Article 34 – title: Creation of a European Certificate of Support and Representation~~

(82) Appropriate safeguards should exist for such processing of special categories of personal data and such data should be processed under this Regulation only where it is necessary for and proportionate to the purposes of processing identified under this Regulation. ▌

Article 34 – paragraph 1: 1. This Regulation creates a European Certificate of Support and Representation (‘the Certificate’) which shall be issued for use in another Member State and shall produce the effects listed in Article 40.

(83) In order to ensure uniform conditions for the implementation of this Regulation as regards the establishment of the decentralised IT system ▌ provided for in this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council. The implementing acts adopted under this Regulation should enable Member States to adapt their relevant national IT systems for the purposes of connection to the decentralised IT system.

Article 35 – paragraph 1: 1. The Certificate shall be issued to the adult for use by her or his representatives, who, in another Member State, need to invoke their powers to support or represent the adult.

(84) The ▌ information provided to the public ▌ pursuant to this Regulation should be available in a clear, user-friendly and accessible manner, in accordance with the relevant accessibility requirements for services set out in Annex I to Directive (EU) 2019/882 of the European Parliament and of the Council and in Directive (EU) 2016/2102 of the European Parliament and of the Council. The technical means of electronic payment of fees referred to in this Regulation should also comply with the applicable rules on accessibility set out in Directive (EU) 2019/882. At the same time, the European electronic access point, which can be used by natural and legal persons for communication under this Regulation, should comply with the web accessibility requirements set out in Directive (EU) 2016/2102.

Article 35 – paragraph 2 – introductory part: 2. The Certificate may be used to demonstrate that the representative is authorised, on the basis of a measure or confirmed power of representation, to support or represent the adult in particular in one or more of the following matters:

(85) In order to ensure that the attestations and the ▌ Certificate ▌ provided for in this Regulation and other forms are kept up to date, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend the Annexes to this Regulation setting out those attestations, the Certificate and other forms. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Article 37 – paragraph 1: 1. The Certificate shall be issued upon an application by the adult or a representative authorised, by means of a measure taken or powers of representation confirmed in a Member State, to represent the adult (hereinafter referred to as: 'the applicant').

(86) In accordance with the principle of mutual trust and to facilitate cross-border procedures, administrative formalities relating to the circulation of public documents should be simplified in matters relating to the protection of adults. Therefore, public documents submitted for the purposes of this Regulation should be exempt from any legalisation or similar formality, such as an apostille. That exemption should cover the public documents which are issued by a public authority of one Member State and submitted to a public authority of another Member State. The exemption should in particular apply in the context of judicial proceedings with a cross-border element or in procedures established by this Regulation, and should cover public documents directly relating to the protection of adults and other supporting documents.

~~Article 37 – paragraph 2: 2. Member States shall ensure that the fee for obtaining the Certificate is issued free of charge.~~

(87) Respect for international commitments entered into by Member States means that this Regulation should not affect the application of international conventions, including, where relevant, the UNCRPD, to which one or more Member States are contracting parties at the time when this Regulation is adopted. Without prejudice to the obligations of Member States in accordance with Article 351 TFEU, this Regulation should not affect the application of conventions between a third State and a Member State concluded before the date of entry into force of this Regulation which concern matters governed by this Regulation. Consistency with the general objectives of this Regulation, however, requires that this Regulation takes precedence, as between Member States, over conventions concluded between two or more Member States insofar as such conventions concern matters governed by this Regulation.

~~Article 37 – paragraph 2 a (new): 2a. Member States shall ensure that the application process is accessible to persons with disabilities.~~

(88) This Regulation should take precedence over the 2000 Hague Convention only in relations between Member States, for instance as regards the recognition or enforcement in one Member State of a measure taken in another Member State, as regards cooperation between Member States and as regards jurisdiction, where an adult has his or her habitual residence in the territory of a Member State. In addition, the ▌ Regulation should ▌ apply in matters of the acceptance in one Member State of an authentic instrument formally drawn up or registered as an authentic instrument in another Member State.

~~Article 38 – paragraph 3: deleted~~

(89) In accordance with Article 49 of the 2000 Hague Convention, it should be ensured that this Regulation does not affect the application of the provisions of that Convention in relations between Member States and third States that are contracting parties to that Convention. The 2000 Hague Convention should continue to govern matters such as the cooperation between a Member State and a third State that is a contracting party to that Convention, and certain aspects of jurisdiction where the cross-border element of a given case involves that third State.

~~Article 38 – paragraph 6 a (new): 6a. The Certificate shall be available in formats accessible to persons with disabilities.~~

(90) In order to comply with the transitional provisions set out in Article 50 of the 2000 Hague Convention, this Regulation should apply, as from the date of its application, to powers of representation previously granted by an adult under conditions corresponding to those set out in Article 15 of the 2000 Hague Convention. Notwithstanding that a power of representation was granted before the date of application of this Regulation, it could be confirmed after the date of application. It should therefore be possible for a power of representation confirmed after the date of application which is governed by the law of the State of the adult’s habitual residence in accordance with Article 15(1) of the 2000 Hague Convention to form the basis for a Certificate under this Regulation. It should not, however, be possible for a power of representation governed, for example, by the law of a State which may not be designated in accordance with Article 15(2) of the 2000 Hague Convention to form the basis for such a Certificate.

Article 39 – paragraph 1: 1. The Certificate shall indicate which powers the representative of an adult has, and the extent of those powers, or, as appropriate, in a negative fashion, which powers the representative does not have. Where applicable, the Certificate shall also indicate any limitations of such powers or conditions attached to such powers.

(91) This Regulation should not apply to children under 18 years of age even in cases where they have acquired legal capacity before reaching that age under the law governing their personal status, for example through emancipation by reason of marriage. That would avoid any overlap with the scope of the Council Regulation (EU) 2019/1111 and of the Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children. It would also prevent a situation where certain persons are covered neither by this Regulation nor by those two instruments.

~~Chapter VIII – title: deleted~~

(92) A report on the evaluation of this Regulation should be drawn up by the Commission. It should include, on the basis of a wide consultation of Member States and interested stakeholders, an in-depth analysis of all factors relevant to the protection of adults under this Regulation with a view to assessing the effectiveness of this Regulation in cross-border situations.

~~Article 45: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)~~

▌

~~Article 46: deleted / (deleted) / (deleted)~~

(93) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union (TEU) and to the TFEU, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

~~Article 47: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)~~

(94) ▌ 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 TEU and to the TFEU, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. ▌

~~Article 48: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)~~

▌

Article 49 – paragraph 1 a (new): 1a. Competent and central authorities shall ensure that information transmitted pursuant to this Regulation and deemed confidential under the law of the Member State from which the information is being sent, is subject to the rules on confidentiality laid down by Union law and the national law of the sending and receiving Member States. Member States shall take appropriate measures to prevent unauthorised access.

(95) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered an opinion on 18 July 2023.

Article 49 – paragraph 2: 2. Communication may, however, be carried out by competent authorities by alternative means where electronic communication in accordance with paragraph 1 is not possible due to: / (a) the disruption of the decentralised IT system; / (b) the physical or technical nature of the transmitted material; or / (c) force majeure. / For the purposes of the first subparagraph, the competent authorities shall ensure that the alternative means of communication used are the swiftest and most appropriate and that they ensure a secure and reliable exchange of information.

(96) Since the objectives of this Regulation, namely to enhance the protection of the rights of adults in cross-border situations in the Union, to improve the effectiveness and speed of cross-border proceedings concerning the protection of adults and to increase legal certainty and predictability in those situations, cannot be sufficiently achieved by the Member States, but can rather, by reason of the direct applicability and binding nature of this Regulation, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 TEU. 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 those objectives,

Article 49 – paragraph 3: 3. Where the use of the decentralised IT system referred to in paragraph 1 is not appropriate for direct communication between authorities carried out pursuant to Article 27(1), any other means of communication may be used instead, provided that such means of communication respect the procedural rights of the parties to the proceedings and the confidentiality of the information communicated.

HAVE ADOPTED THIS REGULATION:

Article 50 – paragraph 1 – introductory part: 1. The European electronic access point established on the European e-Justice Portal pursuant to Article 4 of Regulation (EU) 2023/2844 may be used for electronic communication between natural and legal persons, or their representatives, and Member States' competent authorities and issuing authorities in connection with the following:

Chapter I Scope and definitions

~~Article 50 – paragraph 2: 2. Article 4 of Regulation (EU) 2023/2844 shall apply to electronic communications pursuant to paragraph (1).~~

Article 1 Subject matter

~~Article 54: deleted / (deleted) / (deleted) / (deleted) / (deleted)~~

This Regulation lays down the rules which:

Article 55 – paragraph 1: The Commission is empowered to adopt delegated acts in accordance with Article 56 concerning the amendment of Annexes I to XIa new in order to update or make technical changes to those Annexes.

(a) determine the Member State whose courts have jurisdiction to take measures directed to the protection of the person or property of the adult;

Article 58 – paragraph 1: 1. This Regulation shall not affect the application of international conventions, in particular the UN Convention on the Rights of People with Disabilities, to which one or more Member States are party at the time of adoption of this Regulation and which concern matters covered by this Regulation.

(b) determine which law is to be applied by such courts in exercising their jurisdiction;

Article 59 – paragraph 1 – point b: (b) even if the adult concerned has his or her habitual residence in the territory of a State, which is a Party to that Convention, and in which this Regulation does not apply, as concerns the recognition and enforcement of a measure taken, or the recognition of an authentic instrument drawn up by a competent authority of a Member State in the territory of another Member State.

~~Article 60 – paragraph 1: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)~~

(d) provide for the recognition and enforcement of measures in all Member States;

~~Article 60 – paragraph 4: deleted~~

(e) provide for the acceptance of authentic instruments in all Member States in the matters falling under this Regulation;

~~Article 62: deleted / (deleted) / (deleted) / (deleted)~~

(f) establish cooperation between the courts, competent authorities and Central Authorities of Member States to achieve the objectives of this Regulation;

~~Article 65: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)~~

(g) establish a uniform legal framework for the use of electronic communication between courts, competent authorities and Central Authorities of Member States, and for the use of electronic communication between natural or legal persons and courts or competent authorities;

Article 66 – paragraph 1: 1. By... [5 years after the entry into force], the Commission shall carry out an evaluation of this Regulation and present to the European Parliament, to the Council [and to the European Economic and Social Committee] a report on the evaluation of this Regulation supported by information supplied by the Member States and collected by the Commission. The report shall include, in particular, an evaluation of the effectiveness of decision-making regimes such as the determination of the extent to which an adult is able to act on their own behalf and the institution of a protective regime or the placement of an adult in an establishment. The report shall be accompanied, where necessary, by a legislative proposal. If the report is not accompagned by a legislative proposal, the decision not to present a legislative proposal shall be submitted with a justification no later than 2 years from the date of the publication of the evaluation report, and that justification shall be made public.

(h) create a European Certificate of Support and Representation.

~~Article 69 – paragraph 1 – point k: deleted~~

▌

~~Article 69 – paragraph 1 – point m: deleted~~

Article 2 Scope

Article 69 – paragraph 2: 2. The Member States shall communicate the information referred to in paragraph 1, points (a) to (l) by the first day of the month following a period of 15 months after the start of application at the latest.

1. This Regulation applies in civil matters concerning the protection in cross-border situations of adults who, by reason of an impairment or insufficiency of their personal faculties, are not in a position to protect their interests.

~~Article 70 – paragraph 2: 2. It shall apply from [the first day of the month following a period of 12 months from the date of entry into force of this Regulation].~~

2. This Regulation also applies to measures taken in a Member State in respect of an adult who had not reached the age of 18 years at the time the measures were taken.

Article 70 – paragraph 2 a (new): 2a. This Regulation shall cease to apply to measures of protection taking the form of guardianship, curatorship and analogous institutions, on ... [15 years after the entry into force of this Regulation].

3. The matters referred to in paragraph 1 may, in particular, include the measures set out in Article 3 of the Hague Convention of 13 January 2000 on the International Protection of Adults (‘the 2000 Hague Convention’), attached to this Regulation, and also:

Article 70 – paragraph 3: 3. Article 49 and Article 50 shall apply from the first day of the month following the period of one year after the date of entry into force of the implementing act referred to in Article 60(2).

(a) measures to support an adult in exercising his or her legal capacity;

~~Article 70 – paragraph 4: deleted~~

(b) powers of representation granted by an adult.

~~Article 70 – paragraph 5: deleted~~

▌

~~Article 70 – paragraph 6: deleted / (deleted)~~

4. This Regulation does not apply to:

Article 70 – paragraph 6 a (new): 6a. This Regulation shall apply only to measures taken, to authentic instruments formally drawn up or registered, and to powers of representation confirmed from ... [date of application of this Regulation].

(a) maintenance obligations;

Article 70 – paragraph 6 b (new): 6b. Notwithstanding paragraph (6a), this Regulation shall apply from ... [date of application of this Regulation] to powers of representation previously granted by an adult under conditions corresponding to those set out in Article 15 of the HCCH 2000 Protection of Adults Convention.

(b) the formation, annulment or dissolution of marriage or any similar relationship, or to legal separation;

~~Article 70 – paragraph 6 c (new): 6c. Chapter VI shall apply to requests and applications received by the Central Authorities from ... [date of application of this Regulation].~~

~~Article 70 – paragraph 6 d (new): 6d. Chapter VII shall apply to applications for the Certificate received by the issuing authority from ... [date of application of this Regulation].~~

(d) trusts or succession;

~~Annex XI a (new): ANNEX XIa (new) / [Text of the UNCRPD1a] / 1a https://social.desa.un.org/issues/disability/crpd/convention-on-the-rights-of-persons-with-disabilities-articles~~

(e) social security;

~~EXPLANATORY STATEMENT~~

(f) public measures of a general nature in matters of health;

The Proposal for a Regulation aims to set out rules at the European Union level that would provide legal certainty as well as ensure the effect of protection measures for adults and their representatives in cross-border situations, building on the framework established by The Hague Conference on Private International Law (HCCH) Convention of 13 January 2000 on the International Protection of Adults (HCCH 2000 Protection of Adults Convention). The Rapporteur supports the objective of the proposal, especially within the context of a foreseen increase in the number of adults that will require support or safeguard in exercising their legal capacity in another Member State, having regard, in particular, to an ageing population as well as increased intra-EU mobility.

(g) measures taken in respect of a person as a result of penal offences committed by that person;

At the same time, the Rapporteur fully endorses the rights set out in the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), to which the EU and its Member States are parties. The UNCRPD marked a stepchange in the approach to caring for persons with disabilities and enabling them to enjoy their rights on an equal basis with others.

(h) decisions on the right of asylum or on immigration;

With this report, the Rapporteur aims to incorporate the HCCH 2000 Protection of Adults Convention framework into EU law for the purpose of legal clarity, while at the same time aligning it with the UNCRPD by promoting measures of protection and support that focus on the respecting the full autonomy of the persons concerned. While the proposal does not touch upon substantive matters, which remain under national competences, there should be no doubt that the framework of judicial cooperation set out under this proposal puts personal autonomy at the center of all policies.

(i) measures directed solely to public safety.

~~The Council should follow the promotion of the same principles after the adoption of the draft Council Decision authorising Member States to ratify the HCCH 2000 Protection of Adults Convention.~~

5. Paragraph 4 does not affect, in respect of the matters referred to therein, the entitlement of a person to represent or support the adult.

~~The Rapporteur also proposes additional support measures that would help the persons concerned with understanding and navigating the complex matters that fall within the scope of the Proposal.~~

Article 3 Definitions

1. For the purposes of this Regulation, the following definitions apply:

(1) ‘adult’ means a person who has reached the age of 18 years;

(2) ‘protection’ means representation, support or other measures that enable adults to exercise their legal capacity through supported decision-making, co-decision-making or representation, or that is directed to protecting the person or property of adults;

(3) ‘measure’ means any measure taken by a court, whatever it may be called, directed to the protection of the person or property of an adult;

(4) ‘powers of representation’ means powers granted by an adult to a representative, either under an agreement or by a unilateral act, to be exercised by the representative when that adult is not in a position to protect his or her interests;

(5) ‘confirmed powers of representation’ means powers of representation in respect of which a court or a competent authority has confirmed that the representative vested with such powers can exercise them;

(6) ‘authentic instrument’ means a document in a matter of protection of an adult which has been formally drawn up or registered as an authentic instrument in a Member State and the authenticity of which:

(a) relates to the signature and the content of the authentic instrument; and

(b) has been established by a public authority or other authority empowered for that purpose by the Member State of origin;

▌

(7) ‘Member State of origin’ means the Member State in which a measure was taken or an authentic instrument was formally drawn up or registered by an authority;

(8) ‘representative’ means one or more natural or legal persons appointed by a court or designated by an adult, or authorised by law, to represent or support the adult in protecting his or her interests;

▌

(9) ‘decentralised IT system’ means decentralised IT system as defined in Article 2, point (3), of Regulation (EU) 2023/2844;

▌

(10) ‘European electronic access point’ means European electronic access point as defined in Article 2, point (4), of Regulation (EU) 2023/2844.

2. For the purposes of this Regulation, the term ‘court’ means any judicial authority and all other authorities of a Member State with competence to take measures directed to the protection of the person or property of an adult or with competence to decide on the recognition or non-recognition of a measure taken in another Member State. For the purposes of Chapters II and III of this Regulation, the term ‘authority’, as used in Chapters II and III of the 2000 Hague Convention, also means a court.

Article 4 References to the 2000 Hague Convention

Where the 2000 Hague Convention is referred to in this Regulation, it shall apply mutatis mutandis.

Chapter II Jurisdiction

Article 5 Rules on jurisdiction

Subject to Articles 6, 7 and 8 of this Regulation, jurisdiction shall be determined in accordance with Chapter II of the 2000 Hague Convention.

Article 6 Choice of court

1. Notwithstanding Article 5, the courts of a Member State other than the one in which an adult is habitually resident shall have jurisdiction to take measures where all of the following conditions are met:

(a) the adult chose the courts of that Member State at a time when he or she was ▌ in a position to make that choice;

▌

(b) the choice of court referred to in point (a) was, at the time the choice was made, in favour of a Member State:

(i) of which the adult is a national;

(ii) of the adult’s habitual residence;

(iii) of habitual residence of a person close to the adult prepared to undertake protection of that adult; or

(iv) in which property of the adult is located;

(d) the courts of a Member State having jurisdiction in accordance with Articles 5, 6 and 8 of the 2000 Hague Convention have not exercised their jurisdiction.

2. The choice of court referred to in paragraph 1 shall be expressed in writing and dated and signed by the adult. Any communication by electronic means which provides a durable record of the choice of court shall be deemed equivalent to one provided in writing.

3. The court exercising jurisdiction under paragraph 1 of this Article shall notify the court of the Member State of habitual residence of the adult using the form set out in Annex IV, before taking any measure. That notification shall be made either directly or through the Central Authority of that Member State designated pursuant to Article 23.

4. The references to Article 5 of the 2000 Hague Convention contained in ▌ Articles 7, 9, 10, 11 and 33 of that Convention shall be read as also including a reference to this Article. Article 8 of the 2000 Hague Convention shall be read as also including a reference to this Article. The information provided for in Article 10(4) of that Convention shall also be provided, where applicable, to the court having exercised its jurisdiction in accordance with paragraph 1 of this Article.

Article 7 Non-exclusive jurisdiction

Jurisdiction conferred on the courts pursuant to Article 6 of this Regulation shall not be exclusive. In particular, courts having jurisdiction under Articles 5, 6 and 8 of the 2000 Hague Convention shall not be prevented from exercising it when the court chosen by the adult has not exercised its jurisdiction or where it has declined such jurisdiction.

Article 8 Incidental questions

1. If the outcome of succession proceedings before a court of a Member State depends on the determination of an incidental question relating to representation of an adult, a court in that Member State may determine that question for the purposes of those proceedings even if that Member State does not have jurisdiction under this Regulation.

2. The determination of an incidental question pursuant to paragraph 1 shall produce effects only in the proceedings for which that determination was made.

3. If the validity of a legal act undertaken or to be undertaken on behalf of an adult in succession proceedings before a court of a Member State requires permission or approval by a court, a court in that Member State may decide to permit or approve such a legal act even if it does not have jurisdiction under this Regulation.

4. The court exercising jurisdiction under paragraph 1 or 3 shall, without delay, notify the courts of the Member State of habitual residence of the adult or the court of the Member State that took a measure, insofar as it is aware of that measure, using the form set out in Annex V. That notification shall be made either directly or through the Central Authority of that Member State designated pursuant to Article 23.

▌

Chapter III Applicable law

Article 9 Determination of applicable law

The law applicable to the cross-border protection of adults shall be determined in accordance with Chapter III of the 2000 Hague Convention, without prejudice to Articles 10, 11 and 12 of this Regulation.

Article 10 States with more than one legal system – territorial conflicts of law

1. Where the law applicable, determined in accordance with this Regulation, is that of a State comprising several territorial units each with their own rules of law in respect of matters governed by this Regulation, the internal conflict-of-law rules of that State shall determine the territorial unit whose rules of law are to apply.

2. In the absence of such internal conflict-of-law rules:

(a) any reference to habitual residence in that State shall refer to the habitual residence in a territorial unit;

(b) any reference to the presence of an adult in that State shall refer to presence in a territorial unit;

(c) any reference to the location of property of an adult in that State shall refer to location of property of the adult in a territorial unit;

(d) any reference to the State of which an adult is a national shall refer to the territorial unit designated by the law of that State or, in the absence of relevant rules, to the territorial unit with which the adult has the closest connection;

(e) any reference to the State whose courts have been chosen by an adult shall refer to the territorial unit within the State, if the adult has chosen the courts of that territorial unit, or to the territorial unit with which the adult has the closest connection, if the adult has chosen the courts of the State without specifying a particular territorial unit within the State;

(f) any reference to the law of a State with which the situation has a substantial connection shall refer to the law of a territorial unit with which the situation has a substantial connection.

▌

Article 11 States with more than one legal system – inter-personal conflicts of law

In relation to a State which has two or more systems of law or sets of rules applicable to different categories of persons in respect of matters governed by this Regulation, any reference to the law of such a State shall be construed as referring to the system of law or set of rules determined by the rules in force in that State. In the absence of such rules, the system of law or the set of rules with which an adult has the closest connection shall apply.

Article 12 Non-application of this Regulation to internal conflicts of law

A Member State which comprises several territorial units with their own rules of law in respect of matters governed by this Regulation shall not be required to apply this Regulation to conflicts of law arising only between such units.

Chapter IV Recognition and enforcement of measures

Section 1 Recognition of measures

Article 13 Recognition of a measure

1. A measure taken by the courts of a Member State shall be recognised in the other Member States without any special procedure being required.

2. Without prejudice to paragraph 1 of this Article, any interested person, including the adult concerned by the measure, may apply to a court of a Member State for a decision that there are no grounds for refusal of recognition, as referred to in Article 14, of a measure taken in another Member State or for a decision that recognition be refused on the basis of one of those grounds.

3. If the outcome of proceedings before a court of a Member State depends on the determination of an incidental question concerning ▌ the recognition or non-recognition of a measure, that court may determine that issue.

4. Any procedure undertaken pursuant to paragraph 2 or 3 of this Article shall be governed by the law of the Member State in which recognition is invoked, without prejudice to Article 14 and Section 3.

Article 14 Grounds for refusal of recognition

1. The recognition of a measure taken in another Member State shall be refused in the following cases:

▌

(a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked;

(b) if the measure is incompatible with a later measure taken in another Member State or a third State which would have had jurisdiction under Article 5 or 6 of this Regulation, where that later measure fulfils the requirements for recognition in the ▌ Member State in which recognition is invoked; or

2. The recognition of a measure taken in another Member State may be refused if the measure was taken without the adult having been provided a genuine and effective opportunity to be heard, except where there were serious grounds, taking into account, in particular:

(a) the urgency of the case;

(b) that the adult was unable to express his or her views.

Section 2 Enforceability and enforcement of measures

Article 15 Enforceability ▌

A measure taken in a Member State which is enforceable in that Member State shall be enforceable in another Member State without the need for a declaration of enforceability.

Article 16 Enforcement

1. A measure taken in a Member State which is enforceable in that Member State shall be enforced in the Member State of enforcement under the same conditions as a measure taken in the Member State of enforcement. The procedure for the enforcement of measures taken in another Member State shall be governed by the law of the Member State of enforcement, without prejudice to paragraph 2 of this Article and to Section 3.

2. The enforcement of a measure shall be refused if one or more of the grounds for refusal of recognition referred to in Article 14 is found to exist. The grounds for refusal of enforcement or suspension of enforcement under the law of the ▌ Member State of enforcement shall also apply insofar as they are not incompatible with the grounds for refusal of recognition referred to in Article 14.

▌

Section 3 Common provisions

Article 17 No review as to the substance

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

Article 18 Documents to be produced for recognition, non-recognition and enforcement

1. A person invoking the recognition of a measure taken in a Member State, or seeking its non-recognition or enforcement before the courts or enforcement authorities of another Member State, shall produce:

(a) a copy of the measure that satisfies the conditions necessary to establish its authenticity;

(b) an attestation issued pursuant to Article 19.

2. ▌Where necessary, the person referred to in paragraph 1 of this Article may be required to provide, in accordance with Article 59, a translation or a transliteration of the measure or of the content of the attestation ▌ .

Article 19 Attestation concerning measures

The court of the Member State of origin shall, at the request of any ▌ person demonstrating a legitimate interest, issue an attestation using the form set out in Annex I ▌ for the recognition, non-recognition or enforcement of a measure directed to the protection of an adult. ▌

Article 20 Legal aid

A person applying for legal aid who, in the Member State of origin, has benefitted from complete or partial legal aid or exemption from costs or expenses shall be entitled, in any proceedings for recognition or enforcement of a measure, to benefit from the most favourable legal aid or the most extensive exemption from costs or expenses in accordance with the law of the Member State in which proceedings are brought.

Chapter V Authentic instruments

Article 21 Acceptance of authentic instruments

1. An authentic instrument established in a Member State shall have the same evidentiary effects in another Member State as it has in the Member State of origin, or the most comparable effects, provided that that is not manifestly contrary to public policy in the Member State where it is presented.

2. The authentic instrument shall satisfy the conditions necessary to establish its authenticity in the Member State of origin.

Article 22 Attestation concerning authentic instruments

1. A person wishing to use an authentic instrument in another Member State may request the ▌ authority having formally drawn up or registered the authentic instrument in the Member State of origin to issue an attestation using the form set out in Annex II ▌.

2. Where necessary, the person using the authentic instrument may be required to provide, in accordance with Article 59, a translation or transliteration of the content of the attestation.

Chapter VI Cooperation and communication

Article 23 Designation of a Central Authority

1. Each Member State shall designate one or more Central Authorities to assist with the application of this Regulation and shall specify the geographical and functional competence of each.

2. Where a Member State has designated more than one Central Authority, communications shall be sent directly to the competent Central Authority. Where a communication is sent to a Central Authority that is not competent, the latter shall forward it, without undue delay, to the competent Central Authority and inform the sender accordingly.

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Article 24 Meetings of Central Authorities

1. In order to facilitate the application of this Regulation, Central Authorities shall meet regularly.

2. The meetings of Central Authorities shall be convened, in particular, by the Commission within the framework of the European Judicial Network in civil and commercial matters in compliance with Council Decision 2001/470/EC.

Article 25 Tasks of Central Authorities

1. Central Authorities shall cooperate and promote cooperation and communication between the courts and competent authorities in their Member States in the application of this Regulation.

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2. Central Authorities shall communicate information on national laws, procedures and services in matters relating to the protection of adults, and take such action that they consider appropriate for improving the application of this Regulation.

3. For the purposes of paragraphs 1 and 2, the European Judicial Network in civil and commercial matters may be used.

Article 26 Location of an adult or a person likely to provide protection

The Central Authority of a Member State, either directly or through competent authorities or other bodies of that Member State, shall provide, on the request of a court or a competent authority of another Member State, assistance in discovering the whereabouts of:

(a) an adult where it appears that the adult might be present and in need of protection within the territory of the requested Member State;

(b) a person who is likely to provide protection to an adult, for instance based on information provided by the adult or another court or competent authority, where it appears that such person might be present within the territory of the requested Member State.

Article 27 Cooperation in the event of contemplated placement in another Member State

1. The contemplated placement ▌ of an adult in another Member State shall be subject to the procedure set out in Article 33 of the 2000 Hague Convention. ▌

2. The contemplated placement referred to in paragraph 1 shall take into account the interest of the adult and, to the extent possible, the will and preferences of that adult.

3. The court of the requesting Member State shall transmit its consultation request to the Central Authority, court or competent authority of the requested Member State using the form set out in Annex VII.

4. ▌Where a Central Authority, court or competent authority of the requested Member State indicates its opposition to the contemplated placement in accordance with Article 33(2) of the 2000 Hague Convention, it shall communicate such opposition no later than three months following the receipt of the consultation request using the form set out in Annex VIII.

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Article 28 Designation of a competent authority of another Member State as representative ▌

1. ▌The designation of a competent authority of another Member State as ▌ the representative of an adult may take place if such designation is possible under the national law of the Member State whose competent authority is designated.

2. The designation referred to in paragraph 1 shall not be made without obtaining the consent of the Central Authority or the competent authority to be designated in the requested Member State.

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3. The court of the requesting Member State shall transmit its request to the Central Authority or the competent authority to be designated in the requested Member State using the form set out in Annex IX.

▌ The decision granting or refusing consent shall be transmitted to the requesting court or Central Authority no later than three months following the receipt of the request using the form set out in Annex X.

Article 29 Serious danger

1. In the event that the adult is exposed to a serious danger, the courts or competent authorities of the Member State where measures ▌ have been taken or are under consideration, if they are informed that the adult’s residence has changed to another Member State, or that the adult is present in another Member State, shall promptly inform the courts or competent authorities of that other Member State of the danger involved and, where relevant, of the measures taken or under consideration.

2. The information referred to in paragraph 1 shall be transmitted directly or through the Central Authority of that other Member State.

Article 30 Mediation and alternative dispute resolution

Central Authorities, courts and competent authorities of Member States may encourage, to the extent that the specific circumstances of a case allow, either directly or through other bodies, the use of mediation or other means of alternative dispute resolution, to reach agreed solutions for the protection of the person or property of an adult in situations to which this Regulation applies.

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Article 31 Implementation of measures

The courts and competent authorities of a Member State may request, directly or through the Central Authority of the requested Member State, the courts and competent authorities of another Member State to assist in the implementation of measures.

Article 32 Exchange of information ▌

1. Where a measure is contemplated, or is to be implemented, the courts or competent authorities of a Member State, if the situation of the adult so requires, may request any court or competent authority of another Member State which has information relevant to the protection of the adult to communicate such information.

2. Where appropriate, a court that modifies, replaces or terminates a measure taken by a court of another Member State shall notify without delay that court thereof.

3. The communication referred to in paragraph 1 and the notification referred to in paragraph 2 shall be sent either directly or through a Central Authority.

Article 33 Exchange of information upon request

1. Upon the request of a representative or an adult, a court or competent authority of the Member State of origin may communicate to a court or competent authority in another Member State information concerning a measure taken appointing a representative or concerning a power of representation granted by the adult.

2. The communication referred to in paragraph 1 shall be sent either directly or through a Central Authority.

Article 34 Non-disclosure of information

Central Authorities, courts and competent authorities of Member States shall not disclose or confirm any information gathered or transmitted for the purposes of this Regulation if they determine, on the basis of reliable and specific information available to them, that to do so could:

(a) jeopardise the health, safety or liberty of an adult or another person; or

(b) place the property of an adult in danger.

Article 35 Direct communication and cooperation between courts and competent authorities

▌For the purposes of this Regulation, the courts and competent authorities of Member States may cooperate and, in accordance with Article 51, communicate directly with ▌ each other by means that they consider appropriate, provided that such communication respects confidentiality and the procedural rights of the parties to the proceedings ▌ .

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Article 36 Forms

1. Courts, competent authorities and Central Authorities shall use the forms set out in Annexes V and VI to request assistance and may also use those forms to exchange information under this Chapter.

2. For the purposes of Article 8 of the 2000 Hague Convention, the courts of Member States shall use the forms set out in Annexes XI and XII to this Regulation.

3. For the purposes of the provision of information to the courts of another Member State in accordance with Articles 7, 9, 10 and 11 of the 2000 Hague Convention, the courts of Member States shall use the forms set out in Annexes V and VI to this Regulation.

Article 37 Costs of Central Authorities and competent authorities

1. Each Central Authority shall bear its own costs in applying this Regulation.

2. The assistance provided by ▌ Central Authorities ▌ pursuant to this Regulation shall be free of charge.

3. Without prejudice to Article 38, and Article 43(3) and the possibility of imposing reasonable charges for the provision of services, each competent authority shall bear its own costs in applying this Regulation.

Article 38 Costs of implementing a measure in another Member State

1. ▌ Without prejudice to Article 20, the national law of the ▌ Member State where a measure is to be implemented shall determine to what extent the cost of implementation incurred by that Member State is to be borne in the requesting Member State. The cost of implementation shall not exceed the costs of the measure under the law of the implementing Member State.

2. ▌ If the cost of implementation is to be borne in the requesting Member State pursuant to paragraph 1, the final allocation of costs between the parties to the proceedings, the adult and other relevant persons is determined by the law of the requesting Member State.

Article 39 Agreements between Member States on the allocation of costs

This Regulation shall not preclude Member States from entering into or maintaining existing agreements or arrangements with one or more other Member States concerning the allocation of costs.

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Chapter VII European Certificate of Support and Representation

Article 40 Creation of a European Certificate of Support and Representation

1. This Regulation creates a European Certificate of Support and Representation (‘the Certificate’), which shall be issued for use in another Member State and shall produce the effects listed in Article 46.

2. Use of the Certificate shall not be mandatory.

3. The Certificate shall not take the place of internal documents used for similar purposes in Member States. However, once issued for use in another Member State, the Certificate shall also produce the effects listed in Article 46 in the Member State whose courts or competent authorities issued it in accordance with this Chapter, unless the national law of that Member State provides otherwise.

Article 41 Purpose of the Certificate

1. The Certificate shall be issued for use ▌ in another Member State in order to represent or support adults who, by reason of an impairment or insufficiency of their personal faculties, are not in a position to protect their interests.

2. The Certificate may be used to demonstrate that the representative is authorised, on the basis of a measure or confirmed power of representation, to represent or support the adult.

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Article 42 Competence to issue the Certificate

1. The Certificate shall be issued in the Member State in which a measure was taken or powers of representation were confirmed concerning an adult.

2. The issuing authorities to be designated by each Member State ▌ shall be:

(a) the courts or competent authorities that have taken a measure appointing a representative or confirmed the powers of representation concerning the adult; or

(b) another court or competent authority ▌ that has access to the information concerning the measure or the confirmed powers of representation concerning the adult.

Article 43 Application for a Certificate

1. The Certificate shall be issued upon an application made by an adult or by a representative authorised, by means of a measure taken or powers of representation confirmed in a Member State, to represent or support the adult (‘the applicant’).

2. The application for a Certificate shall contain the following:

(a) a declaration of the intended use of the Certificate in another Member State;

(b) a declaration whether there is, to the best of the applicant’s knowledge, a dispute regarding the measure or the confirmed powers of representation;

(d) where relevant, any additional information and documents required by the Member State of the issuing authority, as communicated in accordance with Article 70(1), point (q).

3. Member States may decide either to charge a fee for costs relating to the issuance of the Certificate or to issue the Certificate free of charge. Where such a fee is charged, Member States shall ensure that the fee ▌ does not exceed the administrative costs concerned or prevent or discourage applicants from requesting the Certificate.

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Article 44 Issuance of the Certificate

1. Upon receipt of the application for the Certificate, the issuing authority shall verify that:

(a) the representative is authorised, in accordance with a measure taken or powers of representation confirmed in the Member State of the issuing authority, to represent or support the adult concerned ;

(b) the information referred to in Article 43(2) is accurate;

(c) the measure or ▌ confirmed powers of representation referred to in point (a) remain valid and have not been replaced by a later measure or confirmed powers of representation;

(d) the measure or confirmed powers of representation referred to in point (a) are not being challenged, or if they have been challenged, are provisionally applicable.

2. The issuing authority shall verify that all of the conditions referred to in paragraph 1 have been fulfilled, in particular by referring to the information and documents available to it. It may also carry out further enquiries ▌in that regard ▌ .

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3. The issuing authority shall issue the Certificate without delay once it has verified that all of the conditions referred to in paragraph 1 have been fulfilled. It shall issue the Certificate even if the habitual residence of the adult has changed to another Member State or to a third State. ▌

4. The Certificate shall be issued using the form set out in Annex III.

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5. The Member State of the issuing authority may specify whether the adult or other persons are to be informed or heard either prior to or following the issuance of the Certificate, in accordance with that Member State’s national law.

Article 45 Contents of the Certificate

1. The Certificate shall indicate in which matters and to what extent a representative is authorised to represent or support an adult, on the basis of the measure or confirmed powers of representation referred to in Article 44(1), point (a). Where appropriate, the issuing authority shall also indicate any limitations on the representative’s powers, or conditions attached to such powers, or which powers the representative does not have. ▌

2. The Certificate shall specify the date of validity, determined in accordance with Article 46(4).

Article 46 Effects of the Certificate

1. Without prejudice to Article 40(3), the Certificate shall produce its effects in all Member States, without any special procedure being required.

2. The Certificate shall be presumed to accurately demonstrate in which matters and to what extent a representative is authorised to represent or support an adult on the basis of a measure taken or ▌ powers of representation confirmed in another Member State. The person referred to in the Certificate as the representative of an adult shall be presumed to have the powers set out in the Certificate with no conditions or limitations being attached to those powers other than those stated in the Certificate. However, that presumption shall not extend to elements which are not governed by this Regulation.

3. Any person who is presented with a Certificate issued in accordance with this Regulation may rely on the fact that the adult’s representative indicated in the Certificate is authorised to represent or support the adult as specified in that Certificate. That person shall be considered to have dealt with an authorised representative of the adult ▌, unless the person knows that the content of the Certificate is not accurate ▌ or the person is unaware of such inaccuracy ▌ due to gross negligence.

4. The Certificate shall be valid for a period of one year.

Notwithstanding the first subparagraph, the issuing authority may, where justified, lengthen or shorten the period of validity, in particular where the measure or confirmed powers of representation on the basis of which the Certificate is to be issued has a period of validity longer or shorter than one year. In any event, the Certificate shall not be valid for a period exceeding the period of validity of the measure or confirmed powers of representation on the basis of which the Certificate is issued, or a maximum period of five years, whichever is shorter.

5. Without prejudice to Articles 48, 49 and 50, the Certificate shall cease to produce effects upon the death of the adult to whom it pertains.

6. The Certificate shall cease to produce effects to the extent that it is rectified, modified, withdrawn or suspended in accordance with Articles 48, 49 and 50.

Article 47 Certified copies and digital format of the Certificate

1. The issuing authority shall keep the original of the Certificate and shall issue it to the applicant in the form of a certified copy. Where possible under national law, Member States may issue the Certificate in a digital format. If a Certificate is issued in a digital format, the document shall:

(a) feature a qualified electronic seal or qualified electronic signature as defined in Regulation (EU) No 910/2014; or

(b) be issued upon request as a qualified electronic attestation of attributes, or as an electronic attestation of attributes issued by or on behalf of a public sector body responsible for an authentic source, to the applicant´s European Digital Identity Wallet as provided for in Regulation (EU) No 910/2014.

2. Upon request, the issuing authority shall confirm the validity of the Certificate to any person demonstrating a legitimate interest.

3. The issuing authority shall, for the purposes of Article 48(3) and Article 50(2), keep a list of all certified copies of Certificates and of all Certificates issued in a digital format.

4. The end of validity of a certified copy shall correspond to the end of validity of the Certificate pursuant to Article 46(4), to be indicated in the certified copy by way of an expiry date. ▌

Article 48 Rectification, modification or withdrawal of the Certificate

1. The issuing authority shall, upon request ▌ or of its own motion, rectify the Certificate in the event of a clerical error.

2. The issuing authority shall, at the request of any person demonstrating a legitimate interest or, where possible under national law, of its own motion, modify or withdraw the Certificate where it has been established that the Certificate or individual elements thereof are not or are no longer accurate or valid.

3. The issuing authority shall without delay inform all persons referred to in Article 44(5) and Article 47(1) of any rectification, modification or withdrawal of the Certificate.

Article 49 Redress procedures

1. Decisions taken by the issuing authority pursuant to Article 44 concerning the issuance of a Certificate or the refusal to issue a Certificate may be challenged by any person demonstrating a legitimate interest, including the persons referred to in Article 44(5).

Decisions taken by the issuing authority pursuant to Article 48 and Article 50(1), point (a), may be challenged by any person demonstrating a legitimate interest.

The challenge shall be lodged before a judicial authority in the Member State of the issuing authority in accordance with the law of that Member State.

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2. If, as a result of a challenge as referred to in paragraph 1, it is established that the Certificate issued is not or is no longer accurate or valid, the competent judicial authority shall rectify, modify or withdraw the Certificate or ensure that it is rectified, modified or withdrawn by the issuing authority.

If, as a result of a challenge as referred to in paragraph 1, it is established that the refusal to issue the Certificate was unjustified, the competent judicial authority shall issue the Certificate or ensure that the issuing authority issues the Certificate.

Article 50 Suspension of the effects of the Certificate

1. The effects of the Certificate may be suspended by ▌:

(a) the issuing authority, at the request of any person demonstrating a legitimate interest or of its own motion, pending a modification or withdrawal of the Certificate pursuant to Article 48(2); or

(b) the judicial authority referred to in Article 49, at the request of any person entitled to challenge a decision taken by the issuing authority, pending such a challenge.

2. The issuing authority or, where applicable, the judicial authority, shall without delay inform all persons to whom ▌ the Certificate was issued pursuant to Article 47(1) and (2) of any suspension of the effects of the Certificate.

During the suspension of the effects of the Certificate, it shall not be permitted to issue any further certified copies or any digital format of the Certificate.

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Chapter VIII Electronic communication

Article 51 Means of communication between courts, competent authorities or Central Authorities

1. ▌Communication pursuant to this Regulation between courts, competent authorities or Central Authorities of different Member States, including the exchange of the forms set out in Annexes IV to XII, shall be carried out through a secure, efficient and reliable decentralised IT system.

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2. ▌Communication may, however, be carried out by courts, competent authorities or Central Authorities by alternative means where electronic communication in accordance with paragraph 1 is not possible due to:

(a) the disruption of the decentralised IT system;

(b) the physical or technical nature of the transmitted material; or

▌For the purposes of the first subparagraph, the courts, competent authorities or Central Authorities shall ensure that the alternative means of communication used are the swiftest and most appropriate and that they ensure a secure and reliable exchange of information.

3. In addition to the exceptions referred to in paragraph 2, where the use of the decentralised IT system is not appropriate in a given situation, any other means of communication may be used. Courts, competent authorities or Central Authorities shall ensure that the exchange of information under this paragraph occurs in a secure and reliable manner that respects confidentiality and the procedural rights of the parties to the proceedings.

4. Paragraph 3 shall not apply to the exchange of the forms set out in Annexes IV to XII to this Regulation.

5. Each Member State may decide to use the decentralised IT system for communication between its national courts or national competent authorities.

Article 52 Communication through the European electronic access point

1. The European electronic access point established on the European e-Justice Portal pursuant to Article 4 of Regulation (EU) 2023/2844 may be used for electronic communication between natural and legal persons and Member States’ courts and competent authorities in the following instances:

(a) proceedings for a decision ▌ pursuant to Article 13(2);

(b) an application for the issuance of attestations pursuant to Articles 19 and 22;

(c) an application for the issuance, rectification, modification, withdrawal or suspension, or for any redress procedures, of the ▌ Certificate ▌ pursuant to Chapter VII;

(d) confirmation of the validity of the Certificate pursuant to Article 47(2).

2. Courts and competent authorities shall accept communication through the European electronic access point in the instances referred to in paragraph 1.

3. Article 4(3), (4), (6) and (7) of Regulation (EU) 2023/2844 shall apply to electronic communications pursuant to paragraph 1 of this Article mutatis mutandis.

Article 53 Electronic signatures and electronic seals

1. The general legal framework for the use of trust services set out in Regulation (EU) No 910/2014 ▌ shall apply to the electronic communication under this Regulation.

2. Where a document transmitted as part of the electronic communication under Article 51(1) requires ▌ a seal or ▌ signature, the document shall feature a qualified electronic seal or qualified electronic signature as defined in Regulation (EU) No 910/2014 .

3. Where a document transmitted as part of the electronic communication under Article 52 requires the signature of the person transmitting the document, that person shall fulfil that requirement by means of:

(a) an electronic identification with the assurance level high as specified in Article 8(2), point (c), of Regulation (EU) No 910/2014; or

(b) a qualified electronic signature as defined in Article 3, point (12), of Regulation (EU) No 910/2014.

Article 54 Legal effects of electronic documents

Documents transmitted as part of electronic communication shall not be denied legal effect or be considered inadmissible in the context of cross-border judicial procedures under this Regulation solely on the grounds that they are in electronic form.

▌Article 55 Electronic payment of fees

Article 9 of Regulation (EU) 2023/2844 shall apply to the electronic payment of fees due pursuant to this Regulation.

Chapter IX Delegated acts

Article 56 Delegation of powers

The Commission is empowered to adopt delegated acts in accordance with Article 57 concerning the amendment of Annexes I to XII in order to update or make technical changes to those Annexes.

Article 57 Exercise of the delegation

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

2. The power to adopt delegated acts referred to in Article 56 shall be conferred on the Commission for an indeterminate period of time from … [date of entry into force of this Regulation].

3. The delegation of power referred to in Article 56 may be revoked at any time by the European Parliament or by the Council. A decision to revoke 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.

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

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

6. A delegated act adopted pursuant to Article 56 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two 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 two months at the initiative of the European Parliament or of the Council.

Chapter X General and final provisions

Article 58 Legalisation or other similar formality

No legalisation or other similar formality shall be required for documents issued in a Member State in the context of this Regulation.

Article 59 Languages

1. An attestation as referred to in Article 19 or 22 shall be completed and issued in the language of the measure or the authentic instrument, respectively. The attestation may alternatively be issued in another official language of the institutions of the European Union where requested by the person invoking the measure or seeking its enforcement pursuant to Article 18 or by the person wishing to use the authentic instrument in another Member State.

The first subparagraph of this paragraph shall not create any obligation for the court or authority issuing the attestation to provide a translation or transliteration of the translatable content of the free text fields.

2. The court or enforcement authority before which a person invokes a measure or seeks enforcement of a measure may, where necessary, require that person to provide a translation or a transliteration of the translatable content of the free text fields of the attestation referred to in Article 19. The court or the enforcement authority may also require a translation or transliteration of the measure itself only where it is unable to proceed without such a translation or transliteration.

3. If necessary, the person using the authentic instrument in another Member State may be required to provide a translation or a transliteration of the translatable content of the free text fields of the attestation referred to in Article 22.

4. Requests or communications made by courts, competent authorities or Central Authorities of one Member State under Chapter VI of this Regulation to courts, competent authorities or Central Authorities of another Member State shall be completed in the official language of the requested Member State, or, if they are nonetheless completed in another language, be accompanied by a translation into the official language of the requested Member State, unless the Central Authority, court or competent authority of the requested Member State dispenses with the translation. If the requested Member State has several official languages, the requests or communications shall be made in or translated into the official language or one of the official languages of the place where the request is to be carried out, or any other language that the requested Member State expressly accepts.

The documents accompanying the requests shall not be translated into the language determined in accordance with the first subparagraph unless a translation is necessary in order to provide the assistance requested.

5. The Certificate shall be completed and issued in the official language of the Member State of the issuing authority designated in accordance with Article 42(2). The Certificate may alternatively be issued in another official language of the institutions of the European Union where requested by the applicant.

The first subparagraph of this paragraph shall not create any obligation for the issuing authority issuing the Certificate to provide a translation or transliteration of the translatable content of the free text fields.

6. Any translation required for the purposes of this Article shall be done by a person qualified to provide such translations in one of the Member States.

Article 60 Relationship with other instruments

1. This Regulation shall not affect the application of international conventions, including, where relevant, the United Nations Convention on the Rights of Persons with Disabilities, to which one or more Member States are party at the time of adoption of this Regulation and which concern matters covered by this Regulation.

2. Notwithstanding paragraph 1, this Regulation shall, as between Member States, take precedence over conventions concluded exclusively between two or more Member States insofar as such conventions concern matters governed by this Regulation.

Article 61 Relationship between this Regulation and the 2000 Hague Convention

1. In relations between Member States, this Regulation shall take precedence over the 2000 Hague Convention.

2. This Regulation shall not affect the application of the 2000 Hague Convention in respect of other contracting parties to that Convention to which this Regulation does not apply.

3. Without prejudice to paragraph 2, this Regulation shall apply where the habitual residence of the adult is in the territory of a Member State.

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4. Notwithstanding paragraph 3 and without prejudice to paragraph 1:

(a) Article 7 of the 2000 Hague Convention shall apply with respect to an adult who is a national of a contracting party to that Convention in which this Regulation does not apply ▌;

(b) Article 8 of the 2000 Hague Convention shall apply as concerns the transfer of jurisdiction between a court of a Member State and a court of a contracting party to that Convention in which this Regulation does not apply ▌;

(c) Article 6 of this Regulation shall not apply if the measure to be taken by a chosen court would modify, replace or terminate a measure taken in a contracting party of the ▌2000 Hague Convention in which this Regulation does not apply, or if jurisdiction has been transferred to such contracting party in accordance with Article 8 of that Convention.

Article 62 Data protection

1. Personal data included in the information gathered or transmitted pursuant to this Regulation may be processed under this Regulation by Member States' courts, competent authorities and Central Authorities for the purpose of facilitating cross-border procedures and cooperation among Member States in matters falling within the scope of this Regulation and thus for enhancing the protection of adults in cross-border situations.

In particular, personal data may be processed under this Regulation for the purposes of:

(a) the determination of which Member State’s courts have jurisdiction under Chapter II;

(b) the determination of the law applicable to measures and powers of representation under Chapter III;

(c) the facilitation of cross-border proceedings for the recognition and enforcement of measures under Chapter IV and of acceptance of authentic instruments in all Member States under Chapter V;

(d) cooperation among courts, competent authorities and Central Authorities of Member States under Chapter VI and of their electronic communication pursuant to Article 51;

(e) electronic communication with Member States’ courts and competent authorities that natural and legal persons may use, pursuant to Article 52, in connection with specific proceedings and applications under this Regulation;

(f) the issuance of the attestations pursuant to Articles 19 and 22, of the forms simplifying cross-border cooperation set out in the Annexes, and of a Certificate pursuant to Chapter VII.

2. Processing of personal data under this Regulation shall be limited to the extent necessary for the purposes set out in paragraph 1, without affecting further processing for archiving purposes in the public interest in accordance with Article 5(1), point (b), and Article 89 of Regulation (EU) 2016/679. Member States’ courts, competent authorities and Central Authorities shall ensure that the information and personal data transmitted pursuant to this Regulation and deemed confidential under the law of the Member State from which it is being transmitted is confidential in accordance with the rules on confidentiality laid down by the national law of those Member States.

3. For the purposes of this Regulation, courts, competent authorities and Central Authorities empowered by Member States to apply this Regulation shall be regarded as controllers as defined in Article 4, point (7), of Regulation (EU) 2016/679. Controllers shall ensure the security, integrity, authenticity and confidentiality of the data processed for the purposes set out in paragraph 1 of this Article.

4. Notwithstanding paragraph 3 of this Article, the Commission shall be regarded as a controller as defined in Article 3, point (8), of Regulation (EU) 2018/1725 with respect to personal data processing by the European electronic access point pursuant to Article 52 of this Regulation. That processing shall be for the purpose of providing for electronic communication means with Member States' courts and competent authorities that natural and legal persons can use in connection with specific proceedings and applications under this Regulation. The Commission shall implement the technical measures required to ensure the security of personal data transmitted, in particular the confidentiality and integrity of any transmission.

Article 63 Adoption of implementing acts by the Commission

1. For the purposes of electronic communications as referred to in Chapter VIII, the Commission shall adopt implementing acts setting out the following:

(a) the technical specifications for the methods of communication by electronic means for the purposes of the decentralised IT system, including the European electronic access point;

(b) the technical specifications for communication protocols;

(c) the information security objectives and relevant technical measures ensuring minimum information security standards and a high level of cybersecurity for the processing and communication of information within the decentralised IT system; ▌

(d) the minimum availability objectives and possible related technical requirements for the services provided by the decentralised IT system;

(e) digital procedural standards, as defined in Article 3, point (9), of Regulation (EU) 2022/850; and

(f) an implementation timetable laying down, inter alia, the dates of the availability of the reference implementation software, referred to in Article 64 of this Regulation, its installation by courts, competent authorities and Central Authorities, and, where relevant, completion of the adjustments to national IT systems necessary for ensuring compliance with the requirements referred to in points (a) to (e) of this paragraph.

2. The implementing acts referred to in paragraph 1 of this Article shall be adopted in accordance with the examination procedure referred to in Article 66(2).

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3. The implementing acts establishing the decentralised IT system pursuant to paragraph 1 shall be adopted by … [4 years from the date of entry into force of this Regulation].

Article 64 Reference implementation software

1. With a view to setting up the decentralised IT system referred to in Article 51, the Commission shall be responsible for the creation, accessibility, development and maintenance of reference implementation software which Member States may choose to apply as their back-end system instead of a national IT system for the purposes of the communication between courts, competent authorities and Central Authorities referred to in Article 51 and between natural and legal persons and courts and competent ▌ authorities referred to in Article 52.

▌ The creation, development and maintenance of the reference implementation software shall be financed from the general budget of the Union.

2. The Commission shall provide, maintain and support ▌ the reference implementation software on a free-of-charge basis.

3. The reference implementation software shall offer a common interface for communication with other national IT systems.

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Article 65 Costs of the decentralised IT system, the European electronic access point ▌ and national IT systems

1. As regards the decentralised IT system established pursuant to Chapter VIII, each Member State or entity operating an authorised e-CODEX access point as defined in Article 3, point (4), of Regulation (EU) 2022/850 shall bear the costs of the installation, operation and maintenance of the decentralised IT system ▌ access points for which they are responsible.

2. Each Member State or entity operating an authorised e-CODEX access point as defined in Article 3, point (4), of Regulation (EU) 2022/850 shall bear the costs of establishing and adjusting its relevant national or, where applicable, other IT systems to make them interoperable with the access points, and shall bear the costs of administering, operating and maintaining those systems.

3. The Commission shall inform Member States of the possibility of applying for grants to support the activities referred to in paragraphs 1 and 2, under the relevant Union financial programmes.

4. The Commission shall bear all costs related to the European electronic access point.

Article 66 Committee procedure

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 67 Monitoring and evaluation

1. By ... [7 years from the date referred to in Article 72(2), introductory wording], the Commission shall carry out an evaluation of this Regulation and present to the European Parliament, to the Council and to the European Economic and Social Committee a report on the evaluation of this Regulation supported by information supplied by Member States and collected by the Commission. The report shall include an in-depth analysis of all factors relevant to the protection of adults under this Regulation with a view to assessing its effectiveness in cross-border situations. The report may be accompanied, where appropriate, by a legislative proposal.

2. By … [3 years from the date referred to in Article 72(2), introductory wording], and every year thereafter, Member States shall provide the Commission within the framework of the European Judicial Network in civil and commercial matters, with, where available, the number of Certificates issued by their issuing authorities, as well as the number of requests for rectifications, modifications or withdrawals of Certificates previously issued, and, where possible, the division between Certificates issued on the basis of a measure and those issued on the basis of confirmed powers of representation.

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3. As from four years from the date of entry into force of the implementing acts referred to in Article 63(1), Member States shall provide the Commission on an annual basis with the following information for the evaluation of the operation and application of Chapter VIII:

(a) the number of incoming requests received by their courts, competent authorities and Central Authorities that have been transmitted through the decentralised IT system in accordance with Article 51(1), where such information is available, and where possible, the nature of those requests;

(b) the number of instances where the European electronic access point was used by natural and legal persons for electronic communication with Member States’ courts and competent authorities, in the instances referred to in Article 52(1), points (a), (b) and (c) ▌. ▌

Member States shall make every endeavour to collect the data referred to in this paragraph.

4. The reference implementation software and, where equipped to do so, the national back-end system shall programmatically collect the data referred to in paragraph 3, point (a), and transmit that data to the Commission on an annual basis.

Article 68 Information and practice guide to be made available to the public

1. Member States shall provide appropriate support, as provided by national law, in relation to matters falling within the scope of this Regulation. Member States shall cooperate in establishing and making ▌ available ▌ to the public, within the framework of the European Judicial Network in civil and commercial matters, a practice guide on the application of this Regulation and factsheets with a short summary of their national legislation, including, where available, information on the following matters, to enable adults to avail themselves of the benefits of this Regulation:

(a) ▌ measures directed to the protection of the person or property of an adult available under their law;

(b) rules relating to powers of representation ▌ ;

(d) to the extent possible, the relevant courts and competent authorities which have competence in matters concerning the protection of adults, their roles and contact details ▌;

(e) the national procedures applying to the establishment, registration, confirmation, modification and termination of measures or powers of representation.

2. Member States shall keep the information referred to in paragraph 1 permanently updated.

Article 69 Accessibility

Information, including forms and applications, provided to the public under this Regulation shall be made accessible to the public ▌ in accordance with the relevant accessibility requirements for services as set out in Annex I to Directive (EU) 2019/882 and in Directive (EU) 2016/2102.

Article 70 Information to be communicated to the Commission

1. Member States shall, where available, communicate to the Commission the following:

(a) the authorities, other than judicial authorities, with competence to take measures, as referred to in Article 3(2);

(b) the courts competent to decide, pursuant to Article 13(2), that there are grounds for refusal of recognition ▌ of a measure taken in another Member State or that there are no such grounds;

(d) the authorities referred to in Article 3(1), point (6)(b), competent to formally draw up or register authentic instruments in matters of the protection of adults;

(e) the courts and authorities competent to issue the attestations referred to in Articles 19 and 22;

(f) the relevant provisions of their national law on the evidentiary effects of authentic instruments directed to the protection of adults;

(g) the conditions for establishing the authenticity of an authentic instrument under their national law, as referred to in Article 21(2);

(h) ▌ the names, addresses and means of communication for the Central Authorities designated pursuant to Article 23;

(i) the Central Authorities, courts or competent authorities to be consulted in accordance with Article 27;

(j) whether competent authorities can be designated, pursuant to Article 28, as a representative in that Member State and if so, which competent authorities can be designated;

(k) the courts, competent authorities and other bodies competent to establish mediation or other means of alternative dispute resolution, referred to in Article 30;

(l) the courts and competent authorities that can assist in the implementation of measures pursuant to Article 31;

(m) any agreements between Member States on the allocation of costs pursuant to Article 39;

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(n) the languages accepted by the courts, competent authorities or Central Authorities, respectively, for the requests and communication pursuant to Article 59(4);

(o) the issuing authorities competent to issue the Certificate, as referred to in Article 42(2);

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(p) any fees that Member States charge for the issuance of the Certificate pursuant to Article 43(3);

(q) any additional information and documents required for the issuance of the Certificate in accordance with Article 43(2), point (d);

(r) whether a Certificate issued in a Member State cannot produce the effects listed in Article 46 in that Member State pursuant to Article 40(3);

(s) whether a Certificate can be issued in a digital format in accordance with Article 47(1);

(t) the judicial authorities competent to deal with redress procedures pursuant to Article 49 and with requests for a suspension of the effects of the Certificate pursuant to Article 50.

2. Member States shall communicate to the Commission the information referred to in paragraph 1 by … [the first day of the month following a period of 15 months from the date referred to in Article 72(2), point (a)] ▌ .

3. Member States shall communicate to the Commission any changes to the information referred to in paragraph 1.

4. The Commission shall make the information referred to in paragraph 1 publicly available through appropriate means, including through the European e-Justice Portal.

Article 71 Transitional provisions

1. This Regulation shall apply to proceedings concerning the protection of adults instituted, to authentic instruments formally drawn up or registered, and to powers of representation confirmed, as from … [date referred to in Article 72(2), introductory wording].

2. ▌This Regulation shall apply as from … [date referred to in Article 72(2), introductory wording] to powers of representation previously granted by an adult under conditions corresponding to those set out in Article 15 of the 2000 Hague Convention.

3. Chapter VI shall apply to requests or communication received by the courts, competent authorities or the Central Authorities as from … [date referred to in Article 72(2), introductory wording].

4. Without prejudice to paragraph 1, Chapter VII ▌ ▌ shall apply to applications for a Certificate received by the issuing authorities as from … [date referred to in Article 72(2), introductory wording].

5. Articles 51 and 52 shall apply to procedures instituted as from the first day of the month following a period of four years from the date of entry into force of the implementing acts referred to in Article 63(1).

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Article 72 Entry into force and application

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

2. This Regulation shall apply from … [the first day of the month following a period of 30 months from the date of entry into force of this Regulation], with the exception of:

(a) Articles 56 and 57, Articles 63 to 67, Articles 70 and 71 and this Article, which shall apply from … [the date of entry into force of this Regulation];

(b) Article 68, which shall apply from … [12 months before the date referred to in the introductory wording of this paragraph];

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(c) Articles 51 and ▌ 52, which shall apply from the first day of the month following a period of four years from the date of entry into force of the implementing acts referred to in Article 63(1).

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

Done at …, …,

For the European Parliament For the Council

The President The President

ANNEX I

ANNEX II

ANNEX III

EUROPEAN CERTIFICATE OF SUPPORT AND REPRESENTATION (Article 44(4) of Regulation (EU) [2026/…])

ANNEX IV

ANNEX V

ANNEX VI

ANNEX VII

ANNEX VIII

ANNEX IX

ANNEX X

ANNEX XI

ANNEX XII

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CONVENTION ON THE INTERNATIONALPROTECTION OF ADULTS (Concluded 13 January 2000)

The States signatory to the present Convention,

Considering the need to provide for the protection in international situations of adults who, by reason of an impairment or insufficiency of their personal faculties, are not in a position to protect their interests,

Wishing to avoid conflicts between their legal systems in respect of jurisdiction, applicable law, recognition and enforcement of measures for the protection of adults,

Recalling the importance of international co-operation for the protection of adults,

Affirming that the interests of the adult and respect for his or her dignity and autonomy are to be primary considerations,

Have agreed on the following provisions –

Chapter I Scope of the Convention

Article 1

(1) This Convention applies to the protection in international situations of adults who, by reason of an impairment or insufficiency of their personal faculties, are not in a position to protect their interests.

(2) Its objects are:

a) to determine the State whose authorities have jurisdiction to take measures directed to the protection of the person or property of the adult;

b) to determine which law is to be applied by such authorities in exercising their jurisdiction;

c) to determine the law applicable to representation of the adult;

d) to provide for the recognition and enforcement of such measures of protection in all Contracting States;

e) to establish such co-operation between the authorities of the Contracting States as may be necessary in order to achieve the purposes of this Convention.

Article 2

(1) For the purposes of this Convention, an adult is a person who has reached the age of 18 years.

(2) The Convention applies also to measures in respect of an adult who had not reached the age of 18 years at the time the measures were taken.

Article 3

The measures referred to in Article 1 may deal in particular with:

a) the determination of incapacity and the institution of a protective regime;

b) the placing of the adult under the protection of a judicial or administrative authority;

c) guardianship, curatorship and analogous institutions;

d) the designation and functions of any person or body having charge of the adult's person or property, representing or assisting the adult;

e) the placement of the adult in an establishment or other place where protection can be provided;

f) the administration, conservation or disposal of the adult's property;

g) the authorisation of a specific intervention for the protection of the person or property of the adult.

Article 4

(1) The Convention does not apply to:

a) maintenance obligations;

b) the formation, annulment and dissolution of marriage or any similar relationship, as well as legal separation;

c) property regimes in respect of marriage or any similar relationship;

d) trusts or succession;

e) social security;

f) public measures of a general nature in matters of health;

g) measures taken in respect of a person as a result of penal offences committed by that person;

h) decisions on the right of asylum and on immigration;

i) measures directed solely to public safety.

(2) Paragraph 1 does not affect, in respect of the matters referred to therein, the entitlement of a person to act as the representative of the adult.

Chapter II Jurisdiction

Article 5

(1) The judicial or administrative authorities of the Contracting State of the habitual residence of the adult have jurisdiction to take measures directed to the protection of the adult's person or property.

(2) In case of a change of the adult's habitual residence to another Contracting State, the authorities of the State of the new habitual residence have jurisdiction.

Article 6

(1) For adults who are refugees and those who, due to disturbances occurring in their country, are internationally displaced, the authorities of the Contracting State on the territory of which these adults are present as a result of their displacement have the jurisdiction provided for in Article 5, paragraph 1.

(2) The provisions of the preceding paragraph also apply to adults whose habitual residence cannot be established.

Article 7

(1) Except for adults who are refugees or who, due to disturbances occurring in their State of nationality, are internationally displaced, the authorities of a Contracting State of which the adult is a national have jurisdiction to take measures for the protection of the person or property of the adult if they consider that they are in a better position to assess the interests of the adult, and after advising the authorities having jurisdiction under Article 5 or Article 6, paragraph 2.

(2) This jurisdiction shall not be exercised if the authorities having jurisdiction under Article 5, Article 6, paragraph 2, or Article 8 have informed the authorities of the State of which the adult is a national that they have taken the measures required by the situation or have decided that no measures should be taken or that proceedings are pending before them.

(3) The measures taken under paragraph 1 shall lapse as soon as the authorities having jurisdiction under Article 5, Article 6, paragraph 2, or Article 8 have taken measures required by the situation or have decided that no measures are to be taken. These authorities shall inform accordingly the authorities which have taken measures in accordance with paragraph 1.

Article 8

(1) The authorities of a Contracting State having jurisdiction under Article 5 or Article 6, if they consider that such is in the interests of the adult, may, on their own motion or on an application by the authority of another Contracting State, request the authorities of one of the States mentioned in paragraph 2 to take measures for the protection of the person or property of the adult. The request may relate to all or some aspects of such protection.

(2) The Contracting States whose authorities may be addressed as provided in the preceding paragraph are:

a) a State of which the adult is a national;

b) the State of the preceding habitual residence of the adult;

c) a State in which property of the adult is located;

d) the State whose authorities have been chosen in writing by the adult to take measures directed to his or her protection;

e) the State of the habitual residence of a person close to the adult prepared to undertake his or her protection;

f) the State in whose territory the adult is present, with regard to the protection of the person of the adult.

(3) In case the authority designated pursuant to the preceding paragraphs does not accept its jurisdiction, the authorities of the Contracting State having jurisdiction under Article 5 or Article 6 retain jurisdiction.

Article 9

The authorities of a Contracting State where property of the adult is situated have jurisdiction to take measures of protection concerning that property, to the extent that such measures are compatible with those taken by the authorities having jurisdiction under Articles 5 to 8.

Article 10

(1) In all cases of urgency, the authorities of any Contracting State in whose territory the adult or property belonging to the adult is present have jurisdiction to take any necessary measures of protection.

(2) The measures taken under the preceding paragraph with regard to an adult habitually resident in a Contracting State shall lapse as soon as the authorities which have jurisdiction under Articles 5 to 9 have taken the measures required by the situation.

(3) The measures taken under paragraph 1 with regard to an adult who is habitually resident in a non-Contracting State shall lapse in each Contracting State as soon as measures required by the situation and taken by the authorities of another State are recognised in the Contracting State in question.

(4) The authorities which have taken measures under paragraph 1 shall, if possible, inform the authorities of the Contracting State of the habitual residence of the adult of the measures taken.

Article 11

(1) By way of exception, the authorities of a Contracting State in whose territory the adult is present have jurisdiction to take measures of a temporary character for the protection of the person of the adult which have a territorial effect limited to the State in question, insofar as such measures are compatible with those already taken by the authorities which have jurisdiction under Articles 5 to 8, and after advising the authorities having jurisdiction under Article 5.

(2) The measures taken under the preceding paragraph with regard to an adult habitually resident in a Contracting State shall lapse as soon as the authorities which have jurisdiction under Articles 5 to 8 have taken a decision in respect of the measures of protection which may be required by the situation.

Article 12

Subject to Article 7, paragraph 3, the measures taken in application of Articles 5 to 9 remain in force according to their terms, even if a change of circumstances has eliminated the basis upon which jurisdiction was founded, so long as the authorities which have jurisdiction under the Convention have not modified, replaced or terminated such measures.

Chapter III Applicable law

Article 13

(1) In exercising their jurisdiction under the provisions of Chapter II, the authorities of the Contracting States shall apply their own law.

(2) However, insofar as the protection of the person or the property of the adult requires, they may exceptionally apply or take into consideration the law of another State with which the situation has a substantial connection.

Article 14

Where a measure taken in one Contracting State is implemented in another Contracting State, the conditions of its implementation are governed by the law of that other State.

Article 15

(1) The existence, extent, modification and extinction of powers of representation granted by an adult, either under an agreement or by a unilateral act, to be exercised when such adult is not in a position to protect his or her interests, are governed by the law of the State of the adult's habitual residence at the time of the agreement or act, unless one of the laws mentioned in paragraph 2 has been designated expressly in writing.

(2) The States whose laws may be designated are:

a) a State of which the adult is a national;

b) the State of a former habitual residence of the adult;

c) a State in which property of the adult is located, with respect to that property.

(3) The manner of exercise of such powers of representation is governed by the law of the State in which they are exercised.

Article 16

Where powers of representation referred to in Article 15 are not exercised in a manner sufficient to guarantee the protection of the person or property of the adult, they may be withdrawn or modified by measures taken by an authority having jurisdiction under the Convention. Where such powers of representation are withdrawn or modified, the law referred to in Article 15 should be taken into consideration to the extent possible.

Article 17

(1) The validity of a transaction entered into between a third party and another person who would be entitled to act as the adult's representative under the law of the State where the transaction was concluded cannot be contested, and the third party cannot be held liable, on the sole ground that the other person was not entitled to act as the adult's representative under the law designated by the provisions of this Chapter, unless the third party knew or should have known that such capacity was governed by the latter law.

(2) The preceding paragraph applies only if the transaction was entered into between persons present on the territory of the same State.

Article 18

The provisions of this Chapter apply even if the law designated by them is the law of a non-Contracting State.

Article 19

In this Chapter the term ‘law’ means the law in force in a State other than its choice of law rules.

Article 20

This Chapter does not prevent the application of those provisions of the law of the State in which the adult is to be protected where the application of such provisions is mandatory whatever law would otherwise be applicable.

Article 21

The application of the law designated by the provisions of this Chapter can be refused only if this application would be manifestly contrary to public policy.

Chapter IV Recognition and enforcement

Article 22

(1) The measures taken by the authorities of a Contracting State shall be recognised by operation of law in all other Contracting States.

(2) Recognition may however be refused:

a) if the measure was taken by an authority whose jurisdiction was not based on, or was not in accordance with, one of the grounds provided for by the provisions of Chapter II;

b) if the measure was taken, except in a case of urgency, in the context of a judicial or administrative proceeding, without the adult having been provided the opportunity to be heard, in violation of fundamental principles of procedure of the requested State;

c) if such recognition is manifestly contrary to public policy of the requested State, or conflicts with a provision of the law of that State which is mandatory whatever law would otherwise be applicable;

d) if the measure is incompatible with a later measure taken in a non-Contracting State which would have had jurisdiction under Articles 5 to 9, where this later measure fulfils the requirements for recognition in the requested State;

e) if the procedure provided in Article 33 has not been complied with.

Article 23

Without prejudice to Article 22, paragraph 1, any interested person may request from the competent authorities of a Contracting State that they decide on the recognition or non-recognition of a measure taken in another Contracting State. The procedure is governed by the law of the requested State.

Article 24

The authority of the requested State is bound by the findings of fact on which the authority of the State where the measure was taken based its jurisdiction.

Article 25

(1) If measures taken in one Contracting State and enforceable there require enforcement in another Contracting State, they shall, upon request by an interested party, be declared enforceable or registered for the purpose of enforcement in that other State according to the procedure provided in the law of the latter State.

(2) Each Contracting State shall apply to the declaration of enforceability or registration a simple and rapid procedure.

(3) The declaration of enforceability or registration may be refused only for one of the reasons set out in Article 22, paragraph 2.

Article 26

Without prejudice to such review as is necessary in the application of the preceding Articles, there shall be no review of the merits of the measure taken.

Article 27

Measures taken in one Contracting State and declared enforceable, or registered for the purpose of enforcement, in another Contracting State shall be enforced in the latter State as if they had been taken by the authorities of that State. Enforcement takes place in accordance with the law of the requested State to the extent provided by such law.

Chapter V Co-operation

Article 28

(1) A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention on such authorities.

(2) Federal States, States with more than one system of law or States having autonomous territorial units shall be free to appoint more than one Central Authority and to specify the territorial or personal extent of their functions. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which any communication may be addressed for transmission to the appropriate Central Authority within that State.

Article 29

(1) Central Authorities shall co-operate with each other and promote co-operation amongst the competent authorities in their States to achieve the purposes of the Convention.

(2) They shall, in connection with the application of the Convention, take appropriate steps to provide information as to the laws of, and services available in, their States relating to the protection of adults.

Article 30

The Central Authority of a Contracting State, either directly or through public authorities or other bodies, shall take all appropriate steps to:

a) facilitate communications, by every means, between the competent authorities in situations to which the Convention applies;

b) provide, on the request of a competent authority of another Contracting State, assistance in discovering the whereabouts of an adult where it appears that the adult may be present and in need of protection within the territory of the requested State.

Article 31

The competent authorities of a Contracting State may encourage, either directly or through other bodies, the use of mediation, conciliation or similar means to achieve agreed solutions for the protection of the person or property of the adult in situations to which the Convention applies.

Article 32

(1) Where a measure of protection is contemplated, the competent authorities under the Convention, if the situation of the adult so requires, may request any authority of another Contracting State which has information relevant to the protection of the adult to communicate such information.

(2) A Contracting State may declare that requests under paragraph 1 shall be communicated to its authorities only through its Central Authority.

(3) The competent authorities of a Contracting State may request the authorities of another Contracting State to assist in the implementation of measures of protection taken under this Convention.

Article 33

(1) If an authority having jurisdiction under Articles 5 to 8 contemplates the placement of the adult in an establishment or other place where protection can be provided, and if such placement is to take place in another Contracting State, it shall first consult with the Central Authority or other competent authority of the latter State. To that effect it shall transmit a report on the adult together with the reasons for the proposed placement.

(2) The decision on the placement may not be made in the requesting State if the Central Authority or other competent authority of the requested State indicates its opposition within a reasonable time.

Article 34

In any case where the adult is exposed to a serious danger, the competent authorities of the Contracting State where measures for the protection of the adult have been taken or are under consideration, if they are informed that the adult's residence has changed to, or that the adult is present in, another State, shall inform the authorities of that other State about the danger involved and the measures taken or under consideration.

Article 35

An authority shall not request or transmit any information under this Chapter if to do so would, in its opinion, be likely to place the adult's person or property in danger, or constitute a serious threat to the liberty or life of a member of the adult's family.

Article 36

(1) Without prejudice to the possibility of imposing reasonable charges for the provision of services, Central Authorities and other public authorities of Contracting States shall bear their own costs in applying the provisions of this Chapter.

(2) Any Contracting State may enter into agreements with one or more other Contracting States concerning the allocation of charges.

Article 37

Any Contracting State may enter into agreements with one or more other Contracting States with a view to improving the application of this Chapter in their mutual relations. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention.

Chapter VI General provisions

Article 38

(1) The authorities of the Contracting State where a measure of protection has been taken or a power of representation confirmed may deliver to the person entrusted with protection of the adult's person or property, on request, a certificate indicating the capacity in which that person is entitled to act and the powers conferred.

(2) The capacity and powers indicated in the certificate are presumed to be vested in that person as of the date of the certificate, in the absence of proof to the contrary.

(3) Each Contracting State shall designate the authorities competent to draw up the certificate.

Article 39

Personal data gathered or transmitted under the Convention shall be used only for the purposes for which they were gathered or transmitted.

Article 40

The authorities to whom information is transmitted shall ensure its confidentiality, in accordance with the law of their State.

Article 41

All documents forwarded or delivered under this Convention shall be exempt from legalisation or any analogous formality.

Article 42

Each Contracting State may designate the authorities to which requests under Article 8 and Article 33 are to be addressed.

Article 43

(1) The designations referred to in Article 28 and Article 42 shall be communicated to the Permanent Bureau of the Hague Conference on Private International Law not later than the date of the deposit of the instrument of ratification, acceptance or approval of the Convention or of accession thereto. Any modifications thereof shall also be communicated to the Permanent Bureau.

(2) The declaration referred to in Article 32, paragraph 2, shall be made to the depositary of the Convention.

Article 44

A Contracting State in which different systems of law or sets of rules of law apply to the protection of the person or property of the adult shall not be bound to apply the rules of the Convention to conflicts solely between such different systems or sets of rules of law.

Article 45

In relation to a State in which two or more systems of law or sets of rules of law with regard to any matter dealt with in this Convention apply in different territorial units:

a) any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit;

b) any reference to the presence of the adult in that State shall be construed as referring to presence in a territorial unit;

c) any reference to the location of property of the adult in that State shall be construed as referring to location of property of the adult in a territorial unit;

d) any reference to the State of which the adult is a national shall be construed as referring to the territorial unit designated by the law of that State or, in the absence of relevant rules, to the territorial unit with which the adult has the closest connection;

e) any reference to the State whose authorities have been chosen by the adult shall be construed

- as referring to the territorial unit if the adult has chosen the authorities of this territorial unit;

- as referring to the territorial unit with which the adult has the closest connection if the adult has chosen the authorities of the State without specifying a particular territorial unit within the State;

f) any reference to the law of a State with which the situation has a substantial connection shall be construed as referring to the law of a territorial unit with which the situation has a substantial connection;

g) any reference to the law or procedure or authority of the State in which a measure has been taken shall be construed as referring to the law or procedure in force in such territorial unit or authority of the territorial unit in which such measure was taken;

h) any reference to the law or procedure or authority of the requested State shall be construed as referring to the law or procedure in force in such territorial unit or authority of the territorial unit in which recognition or enforcement is sought;

i) any reference to the State where a measure of protection is to be implemented shall be construed as referring to the territorial unit where the measure is to be implemented;

j) any reference to bodies or authorities of that State, other than Central Authorities, shall be construed as referring to those authorised to act in the relevant territorial unit.

Article 46

For the purpose of identifying the applicable law under Chapter III, in relation to a State which comprises two or more territorial units each of which has its own system of law or set of rules of law in respect of matters covered by this Convention, the following rules apply:

a) if there are rules in force in such a State identifying which territorial unit's law is applicable, the law of that unit applies;

b) in the absence of such rules, the law of the relevant territorial unit as defined in Article 45 applies.

Article 47

For the purpose of identifying the applicable law under Chapter III, in relation to a State which has two or more systems of law or sets of rules of law applicable to different categories of persons in respect of matters covered by this Convention, the following rules apply:

a) if there are rules in force in such a State identifying which among such laws applies, that law applies;

b) in the absence of such rules, the law of the system or the set of rules of law with which the adult has the closest connection applies.

Article 48

In relations between the Contracting States this Convention replaces the Convention concernant l'interdiction et les mesures de protection analogues, signed at The Hague 17 July 1905.

Article 49

(1) The Convention does not affect any other international instrument to which Contracting States are Parties and which contains provisions on matters governed by this Convention, unless a contrary declaration is made by the States Parties to such instrument.

(2) This Convention does not affect the possibility for one or more Contracting States to conclude agreements which contain, in respect of adults habitually resident in any of the States Parties to such agreements, provisions on matters governed by this Convention.

(3) Agreements to be concluded by one or more Contracting States on matters within the scope of this Convention do not affect, in the relationship of such States with other Contracting States, the application of the provisions of this Convention.

(4) The preceding paragraphs also apply to uniform laws based on special ties of a regional or other nature between the States concerned.

Article 50

(1) The Convention shall apply to measures only if they are taken in a State after the Convention has entered into force for that State.

(2) The Convention shall apply to the recognition and enforcement of measures taken after its entry into force as between the State where the measures have been taken and the requested State.

(3) The Convention shall apply from the time of its entry into force in a Contracting State to powers of representation previously granted under conditions corresponding to those set out in Article 15.

Article 51

(1) Any communication sent to the Central Authority or to another authority of a Contracting State shall be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the other State or, where that is not feasible, a translation into French or English.

(2) However, a Contracting State may, by making a reservation in accordance with Article 56, object to the use of either French or English, but not both.

Article 52

The Secretary General of the Hague Conference on Private International Law shall at regular intervals convoke a Special Commission in order to review the practical operation of the Convention.

Chapter VII Final clauses

Article 53

(1) The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law on 2 October 1999.

(2) It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.

Article 54

(1) Any other State may accede to the Convention after it has entered into force in accordance with Article 57, paragraph 1.

(2) The instrument of accession shall be deposited with the depositary.

(3) Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the six months after the receipt of the notification referred to in sub-paragraph b) of Article 59. Such an objection may also be raised by States at the time when they ratify, accept or approve the Convention after an accession. Any such objection shall be notified to the depositary.

Article 55

(1) If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that the Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.

(2) Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies.

(3) If a State makes no declaration under this Article, the Convention is to extend to all territorial units of that State.

Article 56

(1) Any State may, not later than the time of ratification, acceptance, approval or accession, or at the time of making a declaration in terms of Article 55, make the reservation provided for in Article 51, paragraph 2. No other reservation shall be permitted.

(2) Any State may at any time withdraw the reservation it has made. The withdrawal shall be notified to the depositary.

(3) The reservation shall cease to have effect on the first day of the third calendar month after the notification referred to in the preceding paragraph.

Article 57

(1) The Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the third instrument of ratification, acceptance or approval referred to in Article 53.

(2) Thereafter the Convention shall enter into force:

a) for each State ratifying, accepting or approving it subsequently, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance, approval or accession;

b) for each State acceding, on the first day of the month following the expiration of three months after the expiration of the period of six months provided in Article 54, paragraph 3;

c) for a territorial unit to which the Convention has been extended in conformity with Article 55, on the first day of the month following the expiration of three months after the notification referred to in that Article.

Article 58

(1) A State Party to the Convention may denounce it by a notification in writing addressed to the depositary. The denunciation may be limited to certain territorial units to which the Convention applies.

(2) The denunciation takes effect on the first day of the month following the expiration of twelve months after the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation takes effect upon the expiration of such longer period.

Article 59

The depositary shall notify the States Members of the Hague Conference on Private International Law and the States which have acceded in accordance with Article 54 of the following:

a) the signatures, ratifications, acceptances and approvals referred to in Article 53;

b) the accessions and objections raised to accessions referred to in Article 54;

c) the date on which the Convention enters into force in accordance with Article 57;

d) the declarations referred to in Article 32, paragraph 2, and Article 55;

e) the agreements referred to in Article 37;

f) the reservation referred to in Article 51, paragraph 2, and the withdrawal referred to in Article 56, paragraph 2;

g) the denunciations referred to in Article 58.

In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.

Done at The Hague, on the 13 January 2000, 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 Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the States Members of the Hague Conference on Private International Law.