Text · Amendment list
Jurisdiction, applicable law, recognition and enforcement of measures and cooperation in matters relating to the protection of adults
Document JURI-AM-771915 · COM(2023)0280 – C9-0192/2023 – 2023/0169(COD)
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- Amendment list JURI-AM-771915
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- 24 March 2025
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- Committee on Legal Affairs
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- 2023-0169
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- COM(2023)0280 – C9-0192/2023 – 2023/0169(COD)
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| Text proposed by the Commission | Amendment |
|---|---|
| (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. In particular, this Regulation lays down rules on jurisdiction, applicable law, recognition and enforcement of measures, acceptance of authentic instruments and cooperation between Member States' competent authorities and Central Authorities. | (1) The purpose of this Regulation is to lay down a harmonised and balanced framework of 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 properly, for which reason they need adequate legal protection. In particular, this Regulation lays down rules on jurisdiction, applicable law, recognition and enforcement of measures, verification of their implementation, acceptance of authentic instruments and cooperation between Member States' competent authorities and Central Authorities. |
| Text proposed by the Commission | Amendment |
|---|---|
| (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. In particular, this Regulation lays down rules on jurisdiction, applicable law, recognition and enforcement of measures, acceptance of authentic instruments and cooperation between Member States' competent authorities and Central Authorities. | (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 and require support in decision making. In particular, this Regulation lays down rules on jurisdiction, applicable law, recognition and enforcement of measures, acceptance of authentic instruments and cooperation between Member States' competent authorities and Central Authorities. |
| Text proposed by the Commission | Amendment |
|---|---|
| (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. In particular, this Regulation lays down rules on jurisdiction, applicable law, recognition and enforcement of measures, acceptance of authentic instruments and cooperation between Member States' competent authorities and Central Authorities. | (1) The purpose of this Regulation is to lay down rules, in cross-border cases, for the protection of adults who require support in decision-making and in the protection of their interests, by reason of an impairment or insufficiency of their personal faculties. In particular, this Regulation lays down rules on jurisdiction, applicable law, recognition and enforcement of measures, acceptance of authentic instruments and cooperation between Member States' competent authorities and Central Authorities. |
| Text proposed by the Commission | Amendment |
|---|---|
| (1 a) The United Nations Convention on Rights of Persons with Disabilities (hereinafter referred to as “UNCRPD”) entered into force for the EU on 22 January 2011. The objective was for the EU to take a regional leadership and support Member States, with all of them having signed and ratified the Convention, in its implementation within its competences. In line with European Court of Justice juriprudence, it has consistently been held that international conventions which are an integral part of the legal order of the European Union and are binding on the Union, have primacy over secondary legislation. Therefore, secondary legislation is to be interpreted as far as possible in accordance with those conventions1a. | |
| 1a I.a. Opinion of AG Szpunar, C-641/18, LG v Rina SpA, 14 January 2020; Judgement of the ECJ, C-15/17, Bosphorus Queeen Shipping Ltd Corp. v Rajavartiolaitos, 11 July 2018. |
| Text proposed by the Commission | Amendment |
|---|---|
| (1 a) This Regulation should provide a framework to ensure that persons requiring support in decision-making can exercise their legal capacity. It recognizes that the protection of vulnerable 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. This amounts to a move from a substitute decision-making regime to a supported decision-making regime, in which the latter has as its primary concern the will and preferences of the adult. |
| Text proposed by the Commission | Amendment |
|---|---|
| (1 b) The support that an adult needs to exercise their legal capacity varies per person. Consequently, the implementation of supported decision-making may take various forms. Forms may include facilitating the adult to choose one or more trusted support persons to assist them in exercising their legal capacity, implementing accessibility measures such as understandable formats, and advance planning mechanisms in which a person plans in advance how their will and preferences shall be addressed in times of certain decision-making. |
| Text proposed by the Commission | Amendment |
|---|---|
| (1 c) Sometimes more intensive forms of support may be necessary that may appear like substitute decision-making, for example, when another person signs off a necessary legal form. In these cases, decision-making must still be based on the will and preferences of the person concerned rather than perceived best interest. When an adult is in a situation where direct communication is inhibited, for example because of an age-related disease or a health condition, a person designated to provide support might make inquiries in the concerned person’s social circle, family, or conduct other activities in order to ascertain what would be the wishes and preferences of that person in a certain legal situation. |
| Text proposed by the Commission | Amendment |
|---|---|
| (2 a) The Union has concluded the United Nations Convention on Rights of Persons with Disabilities (hereinafter referred to as ''UNCRPD'') on 22 January 2011 to take a regional leadership and support Member States in the implementation of said Convention to the extent of its competencies. |
| Text proposed by the Commission | Amendment |
|---|---|
| (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. | (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, the mutual recognition and enforcement between Member States of judgments and of decisions in extrajudicial cases, and access to justice and removal of obstacles to it. |
| Text proposed by the Commission | Amendment |
|---|---|
| (5) In the absence of such common rules, various difficulties may arise for the 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 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 are not in a position to protect 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 affected. | (5) In the absence of such common rules, various difficulties may arise for the adults who, in cross-border situations, require support in decision-making and in the protection of their interests and, for the purpose of the application of the HCCH 2000 Protection of Adults Convention, 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 affected. |
| Text proposed by the Commission | Amendment |
|---|---|
| (5) In the absence of such common rules, various difficulties may arise for the 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 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 are not in a position to protect 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 affected. | (5) In the absence of such common rules, harmonised at EU level, various difficulties may arise for adults who are not in a position to protect their interests individually and properly 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 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 are not in a position to protect their interests need to be later invoked abroad. Those difficulties can have serious adverse consequences on legal certainty in cross-border dealings, and also on protection, the rights and wellbeing of the adults, both sociopsychological and material, 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, sometimes, irreversibly affected. |
| Text proposed by the Commission | Amendment |
|---|---|
| (5 a) Equality before the law as a basic fundamental rights principle is indispensable for the exercise of civil, political, economic, social and cultural rights. Every natural person has the inherent right to dignity and individual autonomy, including the freedom to make their own choices independently of other people, which is necessary to fully enjoy their legal capacity. Legal capacity acquires a special significance for persons with disabilities when they have to make fundamental decisions about their health, education and work. In many cases, the denial of legal capacity to persons with disabilities has led to them being deprived of many fundamental rights, such as the right to vote, the right to marry and found a family, reproductive rights, parental rights, the right to give consent for intimate relationships and medical treatment, and the right to liberty. While all persons with disabilities can be affected by denial of legal capacity and substitute decision-making, persons with cognitive or psychosocial disabilities have been, and still are, disproportionately affected by such regimes and denial of their legal capacity. |
| Text proposed by the Commission | Amendment |
|---|---|
| (5a) A study on the importance of a European code of private international law carried out in 2013 by Parliament’s European Added Value Unit estimated that the costs of legal uncertainty – and hence legal fees arising in cross-border dealings – and the associated emotional costs are EUR 11 million per year for vulnerable adults. These costs could be considerably reduced if a set of appropriate measures to protect adults suffering from impairment or insufficiency of their personal capacities were adopted at EU level. |
| Text proposed by the Commission | Amendment |
|---|---|
| (5 b) Full recognition of the right to legal capacity requires reframing the principle of protection. Instead of placing persons into regimes of protection that restrict their legal capacity, protection within the UNCRPD is understood as a principle that is achieved by the provision of a range of supporting measures and tools for people who require assistance in decision making about the exercise of their individual rights. Instead of focusing protection on measures that restrict them in exercising legal capacity, protection is to be understood as a principle that inherently respects the will and preferences of the person concerned. Therefore, instead of being protected by another person or a body, the person concerned is to be protected by ensuring that their will and preferences are respected in any decision-making, in order to maintain full control over their own lives. Supported decision-making may take many forms, for example, the person concerned may choose one or more trusted support persons to assist them in exercising their legal capacity for certain types of decision, or they may call for other forms of support, such a peer support, advocacy and self-advocacy support, or assistance with communication. Supported decision-making regimes can include measures relating to universal design and accessibility by obtaining information in an understandable format or getting professional sign language interpretation. Support can also constitute the development and recognition of diverse, non-conventional methods of communication, especially for those who use non-verbal forms of communication to express their will and preferences. Also advance-planning mechanisms contribute to respect of legal capacity, by allowing the person concerned to plan in advance how to cover their will and preferences regarding future decision-making situations. Supported decision-making should only be initiated and should only be terminated if the person requiring support wishes so. Also the selection and dismissal of support persons should be approved by the person requiring support. |
| Text proposed by the Commission | Amendment |
|---|---|
| (5 c) This Regulation reflects a progressive interpretation of the conncection between the UNCRPD and the HCCH 2000 Protection of Adults Convention. This Regulation aims at modernising the implementation of this Convention with progressive human rights standards that are focused on full respect of autonomy of persons concerned, recognition that mechanisms of protection are not limited only to the institutes of protection that deny legal capacity. As a source of private international law, this Regulation encourages state parties to foster supported decision-making regimes and advance planning in their national systems. |
| Text proposed by the Commission | Amendment |
|---|---|
| (8) This Regulation should incorporate some rules from the HCCH 2000 Protection of Adults 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 improves 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 should thus complement the rules of the HCCH 2000 Protection of Adults Convention by laying down rules aimed to simplify, streamline and modernise the procedures and the cooperation among competent authorities of 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 in advance their protection for a time when they will not be in a position to look after their own interest, and giving full and immediate effect to choices made by the adults. | (8) This Regulation should incorporate some rules from the HCCH 2000 Protection of Adults Convention, in particular on international jurisdiction and applicable law, and makes them directly applicable in relations between Member States. However, since some Member States might not be contracting parties to the 2000 HCCH Convention on the Protection of Adults when this Regulation becomes applicable, it is appropriate that in relations between Member States, the Union further improves 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 should thus complement the rules of the HCCH 2000 Protection of Adults Convention by laying down rules aimed to simplify, streamline and modernise the procedures and the cooperation among competent authorities of 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 in advance their protection for a time when they will not be in a position to look after their own interest, and giving full and immediate effect to choices made by the adults. |
| Text proposed by the Commission | Amendment |
|---|---|
| (8) This Regulation should incorporate some rules from the HCCH 2000 Protection of Adults 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 improves 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 should thus complement the rules of the HCCH 2000 Protection of Adults Convention by laying down rules aimed to simplify, streamline and modernise the procedures and the cooperation among competent authorities of 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 in advance their protection for a time when they will not be in a position to look after their own interest, and giving full and immediate effect to choices made by the adults. | (8) This Regulation should incorporate some rules from the HCCH 2000 Protection of Adults 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 improves 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 should thus complement the rules of the HCCH 2000 Protection of Adults Convention by laying down rules aimed to simplify, streamline and modernise the procedures and the cooperation among competent authorities of 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 are not or will not be in a position to look after their own interest, and giving full and immediate effect to choices made by the adults. |
| Text proposed by the Commission | Amendment |
|---|---|
| (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 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 substantive and procedural laws on the treatment of adults are consistent with the human rights obligations provided by 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 may require, as well as the autonomy and integrity of the adults in accordance with Article 12 of the UNCRPD. | (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 substantive and procedural laws on the treatment of adults are consistent with the human rights obligations provided by 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 may require, as well as the autonomy and integrity of the adults in accordance with Article 12 of the UNCRPD. When taking measures concerning an adult, courts of Member States should give due weight to the views, will and preferences of the adult concerned. |
| 11 OJ L 23, 27.1.2010, p. 37 | 11 OJ L 23, 27.1.2010, p. 37 |
| Text proposed by the Commission | Amendment |
|---|---|
| (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 by simplifying and streamlining the 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. | (11) Besides the main aim of ensuring, in cross-border situations, protection of rights and fundamental freedoms of vulnerable 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 by establishing clear, simpler and functional mechanisms of cooperation between the Member States’ competent authorities. The Regulation also aims to strengthen legal certainty and predictability in cross-border relations, taking account of not only the interests of protected adults and their representatives, but also the rights and legitimate interests of other parties, whether they are public or private entities or of third parties, whether individuals or corporations. Respect for the principle of balance between protection of the individual and certainty in legal matters also helps to ensure a favourable environment in which to exercise the right to free movement within the Union. |
| Text proposed by the Commission | Amendment |
|---|---|
| (12) This Regulation should cover civil matters involving the protection of adults, in particular related to measures, authentic instruments and powers of representation, aimed at the protection of an adult. The 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 protection is in particular 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 his or her own interests, such as property interests and personal or health interests. Serious neglect of the personal or property interests of the relatives for whom the adult is responsible may also reveal an impairment or insufficiency of the adult's personal faculties. | (12) This Regulation should cover civil matters involving the protection of adults, in particular related to measures, authentic instruments and powers of representation, aimed at the protection of an adult. The 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 protection is in particular required where barriers in the interaction with a range of environmental and personal factors hinder their participation and effective exercise on equal basis of various rights, such as civil, economic, social and economic rights with others, in particular where the insufficiency or impairment of the personal faculties is such as to prevent that adult from looking after his or her own interests, such as property interests and personal or health interests. Serious neglect of the personal or property interests of the relatives for whom the adult is responsible may also reveal an impairment or insufficiency of the adult's personal faculties. |
| Text proposed by the Commission | Amendment |
|---|---|
| (12) This Regulation should cover civil matters involving the protection of adults, in particular related to measures, authentic instruments and powers of representation, aimed at the protection of an adult. The 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 protection is in particular 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 his or her own interests, such as property interests and personal or health interests. Serious neglect of the personal or property interests of the relatives for whom the adult is responsible may also reveal an impairment or insufficiency of the adult's personal faculties. | (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 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 protection is in particular 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 his or her own interests, such as property interests and personal or health interests. Serious neglect of the personal or property interests of the relatives for whom the adult is responsible may also reveal an impairment or insufficiency of the adult's personal faculties. |
| Text proposed by the Commission | Amendment |
|---|---|
| (12) This Regulation should cover civil matters involving the protection of adults, in particular related to measures, authentic instruments and powers of representation, aimed at the protection of an adult. The 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 protection is in particular 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 his or her own interests, such as property interests and personal or health interests. Serious neglect of the personal or property interests of the relatives for whom the adult is responsible may also reveal an impairment or insufficiency of the adult's personal faculties. | (12) This Regulation should cover civil matters involving the protection of adults, in particular related to measures, authentic instruments and powers of representation, aimed at the protection of an adult. The 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 protection is in particular 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. Serious neglect of the personal or property interests of the relatives for whom the adult is responsible may also reveal an impairment or insufficiency of the adult's personal faculties. |
To be changed throughout the text. Singular they, along with its inflected or derivative forms, them, their, theirs, and themselves (also themself and theirself), is a gender-neutral third-person pronoun. It typically occurs with an indeterminate antecedent, to refer to an unknown person, or to refer to every person of some group.
| Text proposed by the Commission | Amendment |
|---|---|
| (13) 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. | (13) 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. However, given that the level or extent of insufficiency or impairment of a personal faculty can change over time, adult protection or support decisions should be subject to temporal review, in order to establish confirmation as to whether they are still justified. |
| Text proposed by the Commission | Amendment |
|---|---|
| (14) The terminology used for protective measures differs in the legal systems of each Member State and these differences in terminology should not affect the recognition of those protective measures in other Member States. | (14) This Regulation should apply, among other things, to ‘measures’ adopted by courts for the support and protection of an adults or their property. It should respect the legal systems of the Member States and therefore should not impose an obligation to introduce specific measures into national legislation. However, in light of the ongoing shift towards supported decision-making within national legal systems, the ‘measures’ covered by this Regulation should primarily include those that support adults in exercising their legal capacity, as well as other measures consistent with Member States’ laws. |
| Text proposed by the Commission | Amendment |
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| (14) The terminology used for protective measures differs in the legal systems of each Member State and these differences in terminology should not affect the recognition of those protective measures in other Member States. | (14) The terminology used for protective measures differs in the legal systems of each Member State and these differences in terminology should not affect the recognition of those protective measures in other Member States, with cooperation between the Member States’ competent authorities being essential in this regard. |
| Text proposed by the Commission | Amendment |
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| (16) To ensure a uniform interpretation of this Regulation, this Regulation should define in particular the notions of adults, representatives and authorities, 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. | (16) To ensure a uniform interpretation of this Regulation, this Regulation should define in particular the notions of adults, representatives and authorities, which may have divergent terminological meanings in the Member States legal systems. Equal and consistent application of these definitions helps to ensure that the rules laid down by the Regulation are general and impartial, while also ensuring equality before the law and legal certainty. 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 impairment or insufficiency of their personal faculties, are not in a position to protect their interests or to adults who need support and guarantees in exercising their legal capacity and who have granted powers of representation to be exercised when these adults are not in a position to protect their interests properly or to adults with capacity who grant powers of representation to be exercised where they are no longer able to look after themselves or administer their own property. |
| Text proposed by the Commission | Amendment |
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| (16) To ensure a uniform interpretation of this Regulation, this Regulation should define in particular the notions of adults, representatives and authorities, 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. | (16) To ensure a uniform interpretation of this Regulation, this Regulation should define in particular the notions of adults, representatives, courts and authorities, 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. |
| Text proposed by the Commission | Amendment |
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| (17) References to a 'representative' in this Regulation should be construed as referring to one or more representative(s), as appropriate. | (17) References to a 'representative' in this Regulation should be construed as referring to one or more representative(s), as appropriate, to whom powers of representation as defined in Article 3(3) have been granted. |
| Text proposed by the Commission | Amendment |
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| (17 a) Where other authorities, including notaries, act as ‘courts' and take measures underthis Regulation, they should be bound by its rules of jurisdiction, and the measuresthey take should circulate in accordance with the provisions on recognition andenforcement. Conversely, notaries are to be considered as competent authorities where,as is usually the case, they do not take measures but are empowered under national lawto deal with other aspects related to protection of adults, such as drawing up orconfirming powers of representation or issuing other authentic instruments. In thesecases, they should not be bound by the rules of jurisdiction, and the authenticinstruments they issue should circulate in accordance with the provisions on authenticinstruments. |
| Text proposed by the Commission | Amendment |
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| (18) For the purposes of this Regulation, and in line with the terminology used in the HCCH 2000 Protection of Adults Convention, the concept of ‘authority’ 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 public authority 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. | (18) For the purposes of this Regulation, and in line with the terminology used in the HCCH 2000 Protection of Adults Convention, the concept of ‘authority’ 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 public authority, or a public office holder, such as a notary, of a Member State with responsibilities in matters of protection of adults. This includes authorities drawing up authentic instruments 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. |
| Text proposed by the Commission | Amendment |
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| (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 authorities, 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 authorities of the habitual residence and the authorities with subsidiary or concurrent jurisdiction, should therefore also apply in the Union to authorities exercising their jurisdiction according to the choice made by the adult. Thus, those provisions should apply in respect of the authorities chosen by an adult in the same way as they apply in respect to the authorities of the habitual residence. | (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 authorities, and should avoid positive and negative conflicts of jurisdiction. The authorities seised based on the choice made by the adult should not exercise their jurisdiction where the authorities of the habitual residence of the adult have already exercised their jurisdiction, in particular where those authorities 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. |
| Text proposed by the Commission | Amendment |
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| (22) The authorities contemplating the exercise of their jurisdiction according to the choice made by the adult should not exercise their jurisdiction where the authorities of the habitual residence of the adult have already exercised their jurisdiction, in particular where those authorities have taken a measure, or have decided that no measure should be taken, or where proceedings are pending before them. | (22) Measures concerning adults should 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. 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 based on a choice of court made by an adult, should, in 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. |
| Text proposed by the Commission | Amendment |
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| (22) The authorities contemplating the exercise of their jurisdiction according to the choice made by the adult should not exercise their jurisdiction where the authorities of the habitual residence of the adult have already exercised their jurisdiction, in particular where those authorities have taken a measure, or have decided that no measure should be taken, or where proceedings are pending before them. | (22) The authorities contemplating the exercise of their jurisdiction according to the choice made by the adult should not exercise their jurisdiction where the authorities of the habitual residence of the adult have already exercised their jurisdiction, it being recommended that this be checked beforehand in the context of cross-border cooperation, in particular where those authorities have taken a measure, or have decided that no measure should be taken, or where proceedings are pending before them. |
| Text proposed by the Commission | Amendment |
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| (22 a) 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 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 by the adult in the same way as they apply in respect to the courts of the habitual residence. |
| Text proposed by the Commission | Amendment |
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| (22 b) If a legal act carried out or to be carried out on behalf of an adult in succession proceedings before a court of a Member State requires judicial permission or approval, the court in that Member State should be able to decide on granting such permission or approval, even if it does not have jurisdiction under this Regulation. The term ‘legal act’ should be understood to include, for instance, the acceptance or refusal of an inheritance, or an agreement between the parties concerning the division or distribution of the estate. |
| Text proposed by the Commission | Amendment |
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| (23) This Regulation should fully incorporate the rules on applicable law laid down by the HCCH 2000 Protection of Adults Convention. To ensure consistent application of this Regulation, the reference to Chapter III of the HCCH 2000 Protection of Adults on applicable law should be read as referring to the whole chapter, including the rules laid down by Article 16 of the Convention regarding the modification or termination of powers of representation. | (23) This Regulation should incorporate the rules on applicable law laid down by the HCCH 2000 Protection of Adults Convention as much as possible. To ensure consistent application of this Regulation, the reference to Chapter III of the HCCH 2000 Protection of Adults on applicable law should be read as referring to the whole chapter, including the rules laid down by Article 16 of the Convention regarding the modification or termination of powers of representation. |
| Text proposed by the Commission | Amendment |
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| (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 his or her views should be given, except in cases of urgency, including cases where the adult is absolutely unable to express his or her 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 himself or herself, 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 his or her medical condition, in a position to express his or her views. | (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 his or her 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 his or her 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 himself or herself, may not be recognised. The fact that the adult has had an opportunity to be heard, even by means of technical equipment, remotely, 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 his or her medical condition, in a position to express his or her views. |
| Text proposed by the Commission | Amendment |
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| (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 his or her views should be given, except in cases of urgency, including cases where the adult is absolutely unable to express his or her 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 himself or herself, 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 his or her medical condition, in a position to express his or her views. | (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, 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 themself, 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. |
To be changed throughout the text. Singular they, along with its inflected or derivative forms, them, their, theirs, and themselves (also themself and theirself), is a gender-neutral third-person pronoun. It typically occurs with an indeterminate antecedent, to refer to an unknown person, or to refer to every person of some group.
| Text proposed by the Commission | Amendment |
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| (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 accepted in all Member States. An authentic instrument directed to the protection of an adult or his or her interests drawn up by an authority 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. | (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 and accepted in all Member States, uniformly. An authentic instrument directed to the protection of an adult or his or her interests drawn up by an authority 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, in the latter case without the represented adult’s interests being affected. 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. |
| Text proposed by the Commission | Amendment |
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| (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 the place of residence or temporary placement of an adult. Examples of such situations are cases where authorities provide assistance to the adult in making a decision on 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 powers to make a decision concerning his or her place of residence to a representative, and an admission to a care facility is required. Where such placement 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 taking that measure. 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 reply within six weeks should not be understood as consent and without consent the measure should not be implemented. The consultation should not be carried out when the placement is with an individual and does not require the supervision of any public authority of the Member State of implementation. | (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 an adult moves to another Member State for formal support and living arrangements. Where such support and living arrangements are 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 reply within six weeks should not be understood as consent and without consent the measure should not be implemented. The consultation should not be carried out when the placement is with an individual and does not require the supervision of any public authority of the Member State of implementation. |
| Text proposed by the Commission | Amendment |
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| (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 the place of residence or temporary placement of an adult. Examples of such situations are cases where authorities provide assistance to the adult in making a decision on 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 powers to make a decision concerning his or her place of residence to a representative, and an admission to a care facility is required. Where such placement 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 taking that measure. 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 reply within six weeks should not be understood as consent and without consent the measure should not be implemented. The consultation should not be carried out when the placement is with an individual and does not require the supervision of any public authority of the Member State of implementation. | (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 the place of residence or temporary placement of an adult. Examples of such situations are cases where authorities provide assistance to the adult in making a decision on 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 powers to make a decision concerning his or her place of residence to a representative, and an admission to a care facility is required. Where such placement is to be implemented in another Member State, the adult’s consent should be sought, in accordance with Article 19 of the UNCRPD and a consultation procedure for obtaining consent of the Central Authority of the Member State of implementation should be carried out prior to taking that measure. 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 reply within six weeks should not be understood as consent and without consent the measure should not be implemented. The consultation should not be carried out when the placement is with an individual and does not require the supervision of any public authority of the Member State of implementation. |
| Text proposed by the Commission | Amendment |
|---|---|
| (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 the place of residence or temporary placement of an adult. Examples of such situations are cases where authorities provide assistance to the adult in making a decision on 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 powers to make a decision concerning his or her place of residence to a representative, and an admission to a care facility is required. Where such placement 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 taking that measure. 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 reply within six weeks should not be understood as consent and without consent the measure should not be implemented. The consultation should not be carried out when the placement is with an individual and does not require the supervision of any public authority of the Member State of implementation. | (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 an adult moves to another Member State and therefore formal support and living arrengements need to be establised in another Member State. Where such support and living arrangement 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 taking that measure. This should only be possible based on the direct consent of the person concerned, or in line with the best interpretation of their will and preferences, if it is not possible to collect their free and informed consent. 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 reply within six weeks should not be understood as consent and without consent the measure should not be implemented. The consultation should not be carried out when the placement is with an individual and does not require the supervision of any public authority of the Member State of implementation. |
| Text proposed by the Commission | Amendment |
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| (36) The Certificate can be requested by 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 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. | (36) The Certificate can be requested by the adult himself or herself or, where applicable, by 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 needs to be assisted in taking a decision or where he or she is 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. |
| Text proposed by the Commission | Amendment |
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| (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 feasible, the issuing authority should consult the system of interconnection of protection registers established in this Regulation before the issuance of the Certificate to verify whether a conflicting measure or powers of representation exist in another Member State. 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. | (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. |
| Text proposed by the Commission | Amendment |
|---|---|
| (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 feasible, the issuing authority should consult the system of interconnection of protection registers established in this Regulation before the issuance of the Certificate to verify whether a conflicting measure or powers of representation exist in another Member State. 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. | (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. |
| Text proposed by the Commission | Amendment |
|---|---|
| (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 feasible, the issuing authority should consult the system of interconnection of protection registers established in this Regulation before the issuance of the Certificate to verify whether a conflicting measure or powers of representation exist in another Member State. 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. | (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. |
| Text proposed by the Commission | Amendment |
|---|---|
| (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, including through the system of interconnection, 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. | (41) The Certificate should be recognised and accepted and 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, at the level of the Member States, 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, including through the system of interconnection, 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| (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, including through the system of interconnection, 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. | (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. |
| Text proposed by the Commission | Amendment |
|---|---|
| (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, including through the system of interconnection, 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. | (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. |
| Text proposed by the Commission | Amendment |
|---|---|
| (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, including through the system of interconnection, 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. | (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. |
| Text proposed by the Commission | Amendment |
|---|---|
| (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 he or she 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. | (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. |
To be changed throughout the text. Singular they, along with its inflected or derivative forms, them, their, theirs, and themselves (also themself and theirself), is a gender-neutral third-person pronoun. It typically occurs with an indeterminate antecedent, to refer to an unknown person, or to refer to every person of some group.
| Text proposed by the Commission | Amendment |
|---|---|
| (44) To ensure a continuous protection of adults in cross-border situations in the Union, competent authorities and Central Authorities should have access to relevant information on the existence of measures taken by other authorities, including those measures that have been taken in another Member State. In addition, it is crucial for safeguarding of the right to autonomy and freedom to make one's own choices that the will expressed by an adult in powers of representation is respected, even in cases where those powers of representation have been granted by the adult in another Member State or confirmed by competent authorities of another Member State. In order to improve the provision of information to relevant competent authorities and Central Authorities and to prevent parallel proceedings or failure to take account of powers of representation, Member States should be required to set up and maintain one or more registers recording data related to the protection of adults. Protection registers should record mandatory information concerning measures taken by their authorities and, where their national law provides for a confirmation by a competent authority of powers of representation, mandatory information concerning those confirmed powers of representation. To ensure interoperability and availability of information related to the protection of adults in the Union, those Member States that have established, prior to the adoption of this Regulation, registers of protection measures, of confirmed powers of representation, or other types of powers of representation which are registered under their national law, should make the same mandatory information available in those registers. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (44) To ensure a continuous protection of adults in cross-border situations in the Union, competent authorities and Central Authorities should have access to relevant information on the existence of measures taken by other authorities, including those measures that have been taken in another Member State. In addition, it is crucial for safeguarding of the right to autonomy and freedom to make one's own choices that the will expressed by an adult in powers of representation is respected, even in cases where those powers of representation have been granted by the adult in another Member State or confirmed by competent authorities of another Member State. In order to improve the provision of information to relevant competent authorities and Central Authorities and to prevent parallel proceedings or failure to take account of powers of representation, Member States should be required to set up and maintain one or more registers recording data related to the protection of adults. Protection registers should record mandatory information concerning measures taken by their authorities and, where their national law provides for a confirmation by a competent authority of powers of representation, mandatory information concerning those confirmed powers of representation. To ensure interoperability and availability of information related to the protection of adults in the Union, those Member States that have established, prior to the adoption of this Regulation, registers of protection measures, of confirmed powers of representation, or other types of powers of representation which are registered under their national law, should make the same mandatory information available in those registers. | (44) To ensure a continuous protection of adults in cross-border situations in the Union, competent authorities and Central Authorities should have access to relevant information on the existence of measures taken by other authorities, including those measures that have been taken in another Member State. In addition, it is crucial for safeguarding of the right to autonomy and freedom to make one's own choices that the will expressed by an adult in powers of representation is respected, even in cases where those powers of representation have been granted by the adult in another Member State or confirmed by competent authorities of another Member State. |
| Text proposed by the Commission | Amendment |
|---|---|
| (44) To ensure a continuous protection of adults in cross-border situations in the Union, competent authorities and Central Authorities should have access to relevant information on the existence of measures taken by other authorities, including those measures that have been taken in another Member State. In addition, it is crucial for safeguarding of the right to autonomy and freedom to make one's own choices that the will expressed by an adult in powers of representation is respected, even in cases where those powers of representation have been granted by the adult in another Member State or confirmed by competent authorities of another Member State. In order to improve the provision of information to relevant competent authorities and Central Authorities and to prevent parallel proceedings or failure to take account of powers of representation, Member States should be required to set up and maintain one or more registers recording data related to the protection of adults. Protection registers should record mandatory information concerning measures taken by their authorities and, where their national law provides for a confirmation by a competent authority of powers of representation, mandatory information concerning those confirmed powers of representation. To ensure interoperability and availability of information related to the protection of adults in the Union, those Member States that have established, prior to the adoption of this Regulation, registers of protection measures, of confirmed powers of representation, or other types of powers of representation which are registered under their national law, should make the same mandatory information available in those registers. | (44) To ensure a continuous protection of adults in cross-border situations in the Union, competent authorities and Central Authorities should have access to relevant information on the existence of measures taken by other authorities, including those measures that have been taken in another Member State. In addition, it is crucial for safeguarding of the right to autonomy and freedom to make one's own choices that the will expressed by an adult in powers of representation is respected, even in cases where those powers of representation have been granted by the adult in another Member State or confirmed by competent authorities of another Member State. |
| Text proposed by the Commission | Amendment |
|---|---|
| (45) To ensure that the information provided through the system of interconnection is relevant, Member States should not be prevented from making available through the system of interconnection additional information besides the mandatory information. In particular, Member States should have the possibility to make available through the system of interconnection information in relation to the nature of the measure, the name of the representative, or historical data concerning measures and powers of representation recorded prior to the application of this Regulation. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (45) To ensure that the information provided through the system of interconnection is relevant, Member States should not be prevented from making available through the system of interconnection additional information besides the mandatory information. In particular, Member States should have the possibility to make available through the system of interconnection information in relation to the nature of the measure, the name of the representative, or historical data concerning measures and powers of representation recorded prior to the application of this Regulation. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (45) To ensure that the information provided through the system of interconnection is relevant, Member States should not be prevented from making available through the system of interconnection additional information besides the mandatory information. In particular, Member States should have the possibility to make available through the system of interconnection information in relation to the nature of the measure, the name of the representative, or historical data concerning measures and powers of representation recorded prior to the application of this Regulation. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (46) To facilitate access to the information recorded in protection registers or registers of other powers of representation for competent authorities and Central Authorities with a legitimate interest located in other Member States, those registers of measures, confirmed powers of representation, or other types of powers of representation should be interconnected. This Regulation should provide legal basis for that interconnection. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (46) To facilitate access to the information recorded in protection registers or registers of other powers of representation for competent authorities and Central Authorities with a legitimate interest located in other Member States, those registers of measures, confirmed powers of representation, or other types of powers of representation should be interconnected. This Regulation should provide legal basis for that interconnection. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (46) To facilitate access to the information recorded in protection registers or registers of other powers of representation for competent authorities and Central Authorities with a legitimate interest located in other Member States, those registers of measures, confirmed powers of representation, or other types of powers of representation should be interconnected. This Regulation should provide legal basis for that interconnection. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (47) The interconnection of Member States' registers is an essential component of the cooperation mechanism to safeguard the rights of adults in cross-border cases and ensure legal certainty in the Union. Member States should hence ensure that the information stored in their registers is up-to-date. The authorities of a Member State, when amending or terminating a measure taken in another Member State, should ensure that appropriate information is provided to the authorities of that other Member State, in particular so that the other Member State can update its protection register(s). | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (47) The interconnection of Member States' registers is an essential component of the cooperation mechanism to safeguard the rights of adults in cross-border cases and ensure legal certainty in the Union. Member States should hence ensure that the information stored in their registers is up-to-date. The authorities of a Member State, when amending or terminating a measure taken in another Member State, should ensure that appropriate information is provided to the authorities of that other Member State, in particular so that the other Member State can update its protection register(s). | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (47) The interconnection of Member States' registers is an essential component of the cooperation mechanism to safeguard the rights of adults in cross-border cases and ensure legal certainty in the Union. Member States should hence ensure that the information stored in their registers is up-to-date. The authorities of a Member State, when amending or terminating a measure taken in another Member State, should ensure that appropriate information is provided to the authorities of that other Member State, in particular so that the other Member State can update its protection register(s). | (47) The authorities of a Member State, when amending or terminating a measure taken in another Member State, should ensure that appropriate information is provided to the authorities of that other Member State. |
| Text proposed by the Commission | Amendment |
|---|---|
| (55) Besides the above-described data processing, personal data should also be processed under this Regulation for the purposes of establishing the system for the interconnection of protection registers and other registers of powers of representation and of ensuring the maintenance and proper functioning of that system. This additional processing is justified by the need that Member States’ competent authorities and Central Authorities with a legitimate interest have access to information on whether a particular adult is protected in another Member State, with a view to ensuring continued protection of that adult in cross-border situations and to increasing legal certainty and predictability. Member States should be responsible for the technical management, maintenance, and security of their registers and, as far as their national law provides, for the correctness and reliability of the data included therein. Data relating to data subjects should be primarily stored in the registers maintained by Member States. In addition, the Commission may need to process data for the purposes of developing and maintaining the system of interconnection and temporarily store data that are accessed through the system of interconnection. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (55) Besides the above-described data processing, personal data should also be processed under this Regulation for the purposes of establishing the system for the interconnection of protection registers and other registers of powers of representation and of ensuring the maintenance and proper functioning of that system. This additional processing is justified by the need that Member States’ competent authorities and Central Authorities with a legitimate interest have access to information on whether a particular adult is protected in another Member State, with a view to ensuring continued protection of that adult in cross-border situations and to increasing legal certainty and predictability. Member States should be responsible for the technical management, maintenance, and security of their registers and, as far as their national law provides, for the correctness and reliability of the data included therein. Data relating to data subjects should be primarily stored in the registers maintained by Member States. In addition, the Commission may need to process data for the purposes of developing and maintaining the system of interconnection and temporarily store data that are accessed through the system of interconnection. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (55) Besides the above-described data processing, personal data should also be processed under this Regulation for the purposes of establishing the system for the interconnection of protection registers and other registers of powers of representation and of ensuring the maintenance and proper functioning of that system. This additional processing is justified by the need that Member States’ competent authorities and Central Authorities with a legitimate interest have access to information on whether a particular adult is protected in another Member State, with a view to ensuring continued protection of that adult in cross-border situations and to increasing legal certainty and predictability. Member States should be responsible for the technical management, maintenance, and security of their registers and, as far as their national law provides, for the correctness and reliability of the data included therein. Data relating to data subjects should be primarily stored in the registers maintained by Member States. In addition, the Commission may need to process data for the purposes of developing and maintaining the system of interconnection and temporarily store data that are accessed through the system of interconnection. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (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. For instance, several safeguards should be introduced when establishing the system of interconnection. The data processed through the system of interconnection should be limited to what is necessary for accessing information about the measures and powers of representation concerning a particular adult. Data processed through the system of interconnection should thus be limited to the personal data included in the mandatory information defined in this Regulation, unless Member States give access through the system of interconnection to additional data, such as on registered powers of representation, or on the name of a representative and the extent of the representation. The system of interconnection should not store any personal data except for a temporary storage needed to ensure access to them. Access to data through the system of interconnection should not be public. Only the competent authorities and Central Authorities that are permitted, under their national law, to access the national registers should have access to the system of interconnection, as long as they also have a legitimate interest in accessing given data. Implementing acts should provide further data protection safeguards regarding the digital communication and the interconnection of registers. | (58) Appropriate safeguards should exist for 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| (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. For instance, several safeguards should be introduced when establishing the system of interconnection. The data processed through the system of interconnection should be limited to what is necessary for accessing information about the measures and powers of representation concerning a particular adult. Data processed through the system of interconnection should thus be limited to the personal data included in the mandatory information defined in this Regulation, unless Member States give access through the system of interconnection to additional data, such as on registered powers of representation, or on the name of a representative and the extent of the representation. The system of interconnection should not store any personal data except for a temporary storage needed to ensure access to them. Access to data through the system of interconnection should not be public. Only the competent authorities and Central Authorities that are permitted, under their national law, to access the national registers should have access to the system of interconnection, as long as they also have a legitimate interest in accessing given data. Implementing acts should provide further data protection safeguards regarding the digital communication and the interconnection of registers. | (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. |
| Text proposed by the Commission | Amendment |
|---|---|
| (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. For instance, several safeguards should be introduced when establishing the system of interconnection. The data processed through the system of interconnection should be limited to what is necessary for accessing information about the measures and powers of representation concerning a particular adult. Data processed through the system of interconnection should thus be limited to the personal data included in the mandatory information defined in this Regulation, unless Member States give access through the system of interconnection to additional data, such as on registered powers of representation, or on the name of a representative and the extent of the representation. The system of interconnection should not store any personal data except for a temporary storage needed to ensure access to them. Access to data through the system of interconnection should not be public. Only the competent authorities and Central Authorities that are permitted, under their national law, to access the national registers should have access to the system of interconnection, as long as they also have a legitimate interest in accessing given data. Implementing acts should provide further data protection safeguards regarding the digital communication and the interconnection of registers. | (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. |
| Text proposed by the Commission | Amendment |
|---|---|
| (60) In order to ensure uniform conditions for the implementation of this Regulation as regards the establishment of the decentralised IT system and the decentralised system of interconnection 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 . | (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 . |
| 20 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). | 20 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). |
| Text proposed by the Commission | Amendment |
|---|---|
| (60) In order to ensure uniform conditions for the implementation of this Regulation as regards the establishment of the decentralised IT system and the decentralised system of interconnection 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 . | (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 . |
| 20 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). | 20 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). |
| Text proposed by the Commission | Amendment |
|---|---|
| (63) 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 exempted from legalisation or similar formality, such as an apostille. That exemption should cover the public documents which are issued by a Member State’s public authority and submitted to public authorities of another Member State. That 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 | (63) 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 exempted from legalisation or similar formality, such as an apostille, but there should be guarantees at least of faithfulness to the original, accompanied by solemn statements. That exemption from legalisation or similar formality should cover the public documents which are issued by a Member State’s public authority and submitted to public authorities of another Member State. That 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 |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) determine the law applicable to the representation of the adult; | (c) determine the law applicable to the support and representation of the adult; |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) provide for the recognition and enforcement of such measures in all Member States; | (d) provide for the recognition, acceptance and enforcement of such measures in all Member States; |
| Text proposed by the Commission | Amendment |
|---|---|
| (i) establish a system of interconnection of the Member States' protection registers. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (i) establish a system of interconnection of the Member States' protection registers. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (i) establish a system of interconnection of the Member States' protection registers. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 1. This Regulation shall apply in civil matters to the protection in cross-border situations of adults who require support in decision-making on a temporary or permanent basis. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 1. This Regulation shall apply in civil matters to the protection in cross-border situations of adults who, by reason of an impairment or their personal faculties, require support in decision making. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. This Regulation shall also apply to measures in respect of an adult who had not reached the age of 18 years at the time the measures were taken. | 2. This Regulation shall also apply to measures taken in Member States in respect of an adult who had not reached the age of 18 years at the time the measures were taken. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The matters referred to in paragraph (1) may, in particular, include: | 3. The matters referred to in paragraph (1) and (2) may, in particular, include: |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The matters referred to in paragraph (1) may, in particular, include: | 3. The matters referred to in paragraph (1) and (2) may, in particular, include: |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the determination of the incapacity of an adult and the institution of a protective regime; | (a) Any type of regime covering supported decision-making, including more intensive forms of support; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the determination of the incapacity of an adult and the institution of a protective regime; | (a) Any form of supported decision-making regime, including more intensive form of support; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a a) measures to provide access by adults to the support they may require in exercising their legal capacity; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a b) powers of representation granted by adults for their support or representation, to be exercised when those adults require support in protecting their interest; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the placing of the adult under the protection of a judicial or administrative authority; | (b) Powers of representation granted by an adult to be exercised when that adult is not in the position to sufficiently protect their interests; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the placing of the adult under the protection of a judicial or administrative authority; | (b) powers of representation granted by an adult to be exercised when that adult is not in the position to protect his or her interests; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) guardianship, curatorship and analogous institutions; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) guardianship, curatorship and analogous institutions; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) guardianship, curatorship and analogous institutions; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the designation and functions of any person or body having charge of the adult's person or property, representing, or assisting the adult; | (d) the designation and functions of any person or body providing a support in decision making to an adult in regard to property, representation or other forms of assistance; |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the designation and functions of any person or body having charge of the adult's person or property, representing, or assisting the adult; | (d) the designation and functions of any person or body providing decision-making support to an adult regarding property, representation or other forms of assistance; |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) decisions concerning the placement of the adult in an establishment or other place where protection can be provided; | (e) the designation and functions of any person or body that is granted the powers of representation of an adult; |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) decisions concerning the placement of the adult in an establishment or other place where protection can be provided; | (e) the designation and functions of any person or body that is granted the powers of representation; |
| Text proposed by the Commission | Amendment |
|---|---|
| (f) the administration, conservation or disposal of the adult's property; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (f) the administration, conservation or disposal of the adult's property; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (f) the administration, conservation or disposal of the adult's property; | (f) decisions in relation to the administration, conservation or disposal of the adult's property, within the limits of the power of attorney; |
| Text proposed by the Commission | Amendment |
|---|---|
| (g) the authorisation of a specific intervention for the protection of the person or property of the adult. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (g) the authorisation of a specific intervention for the protection of the person or property of the adult. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. In the absence of supported decision-making regimes, this Regulation may also apply to substituted decision-making regimes, covering guardianship, curatorship and analogous institutions. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. In transition from substituted decision-making to supported decision-making regimes, this Regulation may also apply to guardianship, curatorship and analogous institutions |
| Text proposed by the Commission | Amendment |
|---|---|
| (d a) any recording in a register of rights in immovable or movable property, including the legal requirements for such recording, and the effects of recording or failing to record such rights in a register. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Paragraph (4) does not affect, in respect of the matters referred to therein, the entitlement of a person to act as the representative of the adult. | 5. Paragraph (4) does not affect, in respect of the matters referred to therein, the entitlement of a person to act as the one providing the adult with support in decision-making nor the executing powers of representation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Paragraph (4) does not affect, in respect of the matters referred to therein, the entitlement of a person to act as the representative of the adult. | 5. Paragraph (4) does not affect, in respect of the matters referred to therein, the entitlement of a person to act as the one providing the adult support in decision making or executing powers of representation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5 a. This Regulation is without prejudice to national form requirements, as long as its principles are respected. |
| Text proposed by the Commission | Amendment |
|---|---|
| (2) ‘measure’ means any measure taken by an authority of a Member State, whatever it may be called, directed to the protection of an adult; | (2) ‘measure’ means any measure taken by an authority of a Member State, whatever it may be called, directed to the protection of an adult. Protection entails the initialisation or recognition of supported decision-making arrengements; |
| Text proposed by the Commission | Amendment |
|---|---|
| (2) ‘measure’ means any measure taken by an authority of a Member State, whatever it may be called, directed to the protection of an adult; | (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 protection of person or the property of an adult; |
| Text proposed by the Commission | Amendment |
|---|---|
| (2) ‘measure’ means any measure taken by an authority of a Member State, whatever it may be called, directed to the protection of an adult; | (2) ‘measure’ means any measure taken by an authority of a Member State, whatever it may be called, directed to the protection of an adult or his or her property; |
| Text proposed by the Commission | Amendment |
|---|---|
| (2 a) 'Supported decision-making' means voluntarily receiving help in exercising one's legal capacity. |
| Text proposed by the Commission | Amendment |
|---|---|
| (2 b) 'Person-centered support' means access to supported decision-making, personal budgets, personal assistance and other forms of support, including in emergencies, in line with the UN CRPD and as outlined in the General Comment No 5 of the UN CRPD and the UN Guidelines on Deinstitutionalisation; |
| Text proposed by the Commission | Amendment |
|---|---|
| (3 a) ‘protection’ means the entering into or recognition of supported decision-making arrangements; |
| Text proposed by the Commission | Amendment |
|---|---|
| (3 b) ‘supported decision-making’ means voluntarily receiving support in exercising one’s legal capacity; |
| Text proposed by the Commission | Amendment |
|---|---|
| (4) ‘Member State of origin’ means the Member State in which the measure was taken or the authentic instrument was formally drawn up; | (4) ‘Member State of origin’ means the Member State in which the measure to initiate supported decision making was taken or the authentic instrument was formally drawn up; |
| Text proposed by the Commission | Amendment |
|---|---|
| (4) ‘Member State of origin’ means the Member State in which the measure was taken or the authentic instrument was formally drawn up; | (4) ‘Member State of origin’ means the Member State in which the initial supported decision-making measure was taken or the authentic instrument was formally drawn up; |
| Text proposed by the Commission | Amendment |
|---|---|
| (5) ‘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: | (5) ‘authentic instrument’ means a document in a matter of protection consisting in accompanying the supported decision-making of an adult which has been formally drawn up or registered as an authentic instrument in a Member State and the authenticity of which: |
| Text proposed by the Commission | Amendment |
|---|---|
| (5) ‘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: | (5) ‘authentic instrument’ means a document in a matter of supported decision-makingof an adult which has been formally drawn up or registered as an authentic instrument in a Member State and the authenticity of which: |
| Text proposed by the Commission | Amendment |
|---|---|
| (7) ‘authority of origin’ means the authority which has taken the measure or formally drawn up the authentic instrument; | (7) ‘authority of origin’ means the authority which has taken the measure to initialise or terminate supported-decision making or formally drawn up the authentic instrument; |
| Text proposed by the Commission | Amendment |
|---|---|
| (7) ‘authority of origin’ means the authority which has taken the measure or formally drawn up the authentic instrument; | (7) ‘authority of origin’ means the authority which has initiated or terminated supported decision-making or which has formally drawn up the authentic instrument; |
| Text proposed by the Commission | Amendment |
|---|---|
| (9) ‘competent authority’ means a public authority of a Member State with responsibilities in matters of protection of adults; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (9) ‘competent authority’ means a public authority of a Member State with responsibilities in matters of protection of adults; | (9) ‘competent authority’ means a public authority or public office holder of a Member State with responsibilities in matters of protection of adults; |
| Text proposed by the Commission | Amendment |
|---|---|
| (10) ‘system of interconnection’ means a system for the interconnection of protection registers and registers of other powers of representation; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (10) ‘system of interconnection’ means a system for the interconnection of protection registers and registers of other powers of representation; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (11) ‘decentralised IT system’ means a network of IT systems, interoperable access points operating under the individual responsibility and management of each Member State, and the European electronic access point, which enables secure and reliable cross-border exchange of information; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (12) ‘protection register’ means a register where measures directed to the protection of an adult or confirmed powers of representation have been registered. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (12) ‘protection register’ means a register where measures directed to the protection of an adult or confirmed powers of representation have been registered. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| References to the HCCH 2000 Protection of Adults Convention | References to the UNCRPD and the HCCH 2000 Protection of Adults Convention |
| Text proposed by the Commission | Amendment |
|---|---|
| References to the HCCH 2000 Protection of Adults Convention | References to the UN CRPD and HCCH 2000 Protection of Adults Convention |
| Text proposed by the Commission | Amendment |
|---|---|
| Where referred to in this Regulation, the HCCH Convention of 13 January 2000 on the International Protection of Adults ('the HCCH 2000 Protection of Adults Convention'), which is attached to this Regulation, shall apply mutatis mutandis. | Where referred to in this Regulation, the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) and the HCCH Convention of 13 January 2000 on the International Protection of Adults ('the HCCH 2000 Protection of Adults Convention'), which is attached to this Regulation, shall apply mutatis mutandis. |
| Text proposed by the Commission | Amendment |
|---|---|
| Where referred to in this Regulation, the HCCH Convention of 13 January 2000 on the International Protection of Adults ('the HCCH 2000 Protection of Adults Convention'), which is attached to this Regulation, shall apply mutatis mutandis. | Where referred to in this Regulation, the UNCRPD and the HCCH Convention of 13 January 2000 on the International Protection of Adults ('the HCCH 2000 Protection of Adults Convention'), which is attached to this Regulation, shall apply mutatis mutandis. |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the adult chose the authorities of that Member State, when he or she was still in a position to protect his or her interest; | (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; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a a) the choice of court was, at the time when the choice was made, in favour of a Member State: | |
| i. of adults' nationality; | |
| ii. of the adults'habitual residence; or | |
| iii. where the property of the adult is located. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 7a | |
| 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| The recognition of a measure taken in another Member State may be refused in the following cases: | The recognition of a measure taken in another Member State shall be refused in the following cases: |
| Text proposed by the Commission | Amendment |
|---|---|
| (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 opportunity to be heard; | (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 opportunity to be heard or without the adult having been provided the opportunity to be heard or the adult was unable to express his or her will due to his or her medical conditions; |
| Text proposed by the Commission | Amendment |
|---|---|
| (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 opportunity to be heard; | (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 opportunity to be heard or without the adult’s will being taken into consideration, to the extent that it could be expressed; |
| Text proposed by the Commission | Amendment |
|---|---|
| Under no circumstances may a measure taken by the authorities of a Member State be reviewed as to its substance. | 1. Under no circumstances may a measure taken by the authorities of a Member State be reviewed as to its substance. |
| 2. Nothwistanding paragraph (1) a measure taken by authorities of a Member State of origin may be replaced with another measure that better protects autonomy of an adult concerned. |
| Text proposed by the Commission | Amendment |
|---|---|
| Notwithstanding the previous paragraph, a measure taken by the authorities of the Member State of origin may be replaced with another measure that better protects the autonomy of the adult concerned, in consultation with the Member State of origin. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 15a | |
| Legal Aid | |
| A person applying for legal aid who, in the Member State of origin, has benefited from complete or partial legal aid or exemption from costs or expenses shall be entitled, in any proceedings for recognition or enforcement of a measure, to benefit from the most favourablel 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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 to the Central Authority with competence and inform the sender accordingly. | 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 delays to the Central Authority with competence and inform the sender accordingly. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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 their tasks under this Regulation. | 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, in the proper manner and without undue delays, their tasks under this Regulation. The European 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| Placement | Living and Support Arrangements |
| Text proposed by the Commission | Amendment |
|---|---|
| Placement | Living and Support Arrengements |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. If an authority of a Member State contemplates the placement of the adult in another Member State in an establishment or other institution where protection can be provided, it shall first 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. | 1. If an authority of a Member State contemplates living and support arrangements of the adult in another Member State, it shall be evaluated taking a person-centered support approach, in line with the principles regarding support under the UNCRPD. To that end the adult receiving and the person or persons providing decision-making support, shall be consulted. The will and preferences expressed by the adult receiving support, shall be decisive. The contemplating authority shall first 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. If an authority of a Member State contemplates the placement of the adult in another Member State in an establishment or other institution where protection can be provided, it shall first 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. | 1. If an authority of a Member State contemplates the living and support arrangements of the adult in another Member State the access to person-centred support shall be evaluated. To that end the adult receiving or the person or persons providing decision-making support shall be consulted. The will and preferences uttered by the adult receiving support shall be implemented. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Paragraph (1) shall not apply where the placement is contemplated with a private person. | 2. Paragraph (1) shall not apply where the living and support arrangements are contemplated with a private person. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Paragraph (1) shall not apply where the placement is contemplated with a private person. | 2. Paragraph (1) shall not apply where the living and support arrengemnts are contemplated with a private person. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Except where exceptional circumstances make this impossible, the decision granting or refusing consent shall be transmitted to the requesting authority no later than six weeks following the receipt of the request. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Paragraphs (1), (2) and (3) shall not preclude Central Authorities or competent authorities from entering or maintaining existing agreements or arrangements with Central Authorities or competent authorities of one or more other Member States simplifying the consultation procedure for obtaining consent in their mutual relations. | 4. Paragraphs (1) and (2) shall not preclude Central Authorities or competent authorities from entering or maintaining existing agreements or arrangements with Central Authorities or competent authorities of one or more other Member States simplifying the consultation procedure for obtaining consent in their mutual relations. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4 a. Any living and support arrengements 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 prefereces of the adult. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4 a. Any living and support arrangements of adults covered by this Regulation must be based on the obligations of the Member State emanating from the UNCRPD, in particular with respect to avoiding segregation and limiting freedom of choice. Decisions on living and support arrangements must respect the will and preferences of the adult. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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 the competent authorities of that other Member State about the danger involved and the measures taken or under consideration. | 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 the competent authorities of that other Member State without undue delays about the danger involved and the measures taken or under consideration. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. For the purposes of this Regulation, the authorities of Member States may cooperate and communicate directly with, or request information directly from, each other provided that such communication respects the procedural rights of the parties to the proceedings and the confidentiality of information. | 1. For the purposes of this Regulation, the authorities of Member States may cooperate and communicate directly with, or request information directly from, each other provided that such communication respects the procedural rights of the parties to the proceedings, the confidentiality of information and the protection of personal data. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 29a | |
| Cooperation for pre-authorised data sharing | |
| If a person or body providing decision-making support or having power of representation, requests for information on their appointment and the related decision to be transferred to an authority in another Member State, the competent authority in charge shall contact the authority in the country of origin to request this information, if explicitly authorised in advance by that person or body. This authorisation can be withdrawn at any point in time. |
| Text proposed by the Commission | Amendment |
|---|---|
| VII EUROPEAN CERTIFICATE OF REPRESENTATION | VII EUROPEAN CERTIFICATE OF SUPPORT AND REPRESENTATION |
| Text proposed by the Commission | Amendment |
|---|---|
| Creation of a European Certificate of Representation | Creation of a European Certificate of Support and Representation |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. This Regulation creates a European Certificate of Representation (‘the Certificate’) which shall be issued for use in another Member State and shall produce the effects listed in Article 40. | 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Certificate shall be issued for use by representatives, who, in another Member State, need to invoke their powers to represent adults who, by reason of an impairment or insufficiency of their personal faculties, are not in a position to protect their interests. | 1. The Certificate shall be issued for use by the adults concerned or their representatives, who, in another Member State, need to invoke their powers to support or represent the concerned adults. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Certificate shall be issued for use by representatives, who, in another Member State, need to invoke their powers to represent adults who, by reason of an impairment or insufficiency of their personal faculties, are not in a position to protect their interests. | 1. The Certificate shall be issued for use by the adult concerned or their representative who, in another Member State, need to invoke their powers to support or represent the adult concerned in order to provide decision-making support. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Certificate shall be issued upon an application by 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'). | 1. The Certificate shall be issued upon an application by the adult concerned or their 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'). |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Certificate shall be issued upon an application by 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'). | 1. The Certificate shall be issued upon an application by the adult concerned or their 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'). |
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. 2a. The application process shall be fully accessible for persons with disabilities. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. For the verification of the elements listed in paragraph (1), the issuing authority shall, where feasible, also consult the system of interconnection established in Chapter VIII. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. For the verification of the elements listed in paragraph (1), the issuing authority shall, where feasible, also consult the system of interconnection established in Chapter VIII. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The Certificate shall be issued using the form set out in Annex III. | 6. The Certificate shall be issued using the form set out in Annex III, and shall be issued in formats that are accessible for persons with disabilities. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Certificate shall indicate which powers the representative of an adult has 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. | 1. The Certificate shall indicate which powers the representative of an adult has and the extent of them 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 45 | deleted |
| Establishment of protection registers | |
| 1. By [two years after the date of the start of application] at the latest, Member States shall establish and maintain in their territory one or several registers in which information is recorded concerning protection measures and, where their national law provides for the confirmation of powers of representation by a competent authority, concerning those powers of representation ('protection registers'). | |
| 2. The information recorded in the registers referred to in paragraph (1) shall include the following (‘mandatory information’): | |
| (a) an indication that a measure has been taken or, where applicable, that powers of representation have been granted or confirmed; | |
| (b) the date of the first measure as well as the date of the subsequent measures taken, or, where applicable, the date when the powers of representation were granted by an adult or were confirmed by a competent authority; | |
| (c) where a measure or a decision on the powers of representation are provisionally applicable, the date on which the time limit for challenging the measure or the decision on the powers of representation expires; | |
| (d) the date of expiration or reviewal of the measures or of the powers of representation, if any; | |
| (e) the competent authority which has taken, modified or terminated the measure or registered, confirmed, modified or terminated the powers of representation; | |
| (f) the adult’s name, place and date of birth and, where applicable, national identification number. | |
| 3. The information referred to in paragraph (1) shall be published in the protection registers as soon as possible after the following conditions are met: | |
| (a) the authorities of the Member State have: | |
| (i) taken, modified or terminated a measure; or | |
| (ii) confirmed, modified or terminated powers of representation granted by an adult; | |
| (b) the time limit for appealing the measure or the decision on the powers of representation has expired, unless the measure or the powers of representation are provisionally applicable. | |
| 4. Paragraph (1) shall not preclude Member States from including additional documents or additional information in their protection registers, such as the name of the representative or the nature and extent of the representation. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 45 | deleted |
| Establishment of protection registers | |
| 1. By [two years after the date of the start of application] at the latest, Member States shall establish and maintain in their territory one or several registers in which information is recorded concerning protection measures and, where their national law provides for the confirmation of powers of representation by a competent authority, concerning those powers of representation ('protection registers'). | |
| 2. The information recorded in the registers referred to in paragraph (1) shall include the following (‘mandatory information’): | |
| (a) an indication that a measure has been taken or, where applicable, that powers of representation have been granted or confirmed; | |
| (b) the date of the first measure as well as the date of the subsequent measures taken, or, where applicable, the date when the powers of representation were granted by an adult or were confirmed by a competent authority; | |
| (c) where a measure or a decision on the powers of representation are provisionally applicable, the date on which the time limit for challenging the measure or the decision on the powers of representation expires; | |
| (d) the date of expiration or reviewal of the measures or of the powers of representation, if any; | |
| (e) the competent authority which has taken, modified or terminated the measure or registered, confirmed, modified or terminated the powers of representation; | |
| (f) the adult’s name, place and date of birth and, where applicable, national identification number. | |
| 3. The information referred to in paragraph (1) shall be published in the protection registers as soon as possible after the following conditions are met: | |
| (a) the authorities of the Member State have: | |
| (i) taken, modified or terminated a measure; or | |
| (ii) confirmed, modified or terminated powers of representation granted by an adult; | |
| (b) the time limit for appealing the measure or the decision on the powers of representation has expired, unless the measure or the powers of representation are provisionally applicable. | |
| 4. Paragraph (1) shall not preclude Member States from including additional documents or additional information in their protection registers, such as the name of the representative or the nature and extent of the representation. |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) an indication that a measure has been taken or, where applicable, that powers of representation have been granted or confirmed; | (a) an indication that a measure has been taken or, where applicable, that powers of representation have been granted or confirmed or revoked; |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 46 | deleted |
| Interoperability of registers of other powers of representation | |
| By [two years after the date of start of application] at the latest, Member States where national law provides for electronic registers recording information concerning other powers of representation which are registered by a competent authority, and where national law does not provide for the confirmation of such powers of representation, shall ensure that those registers record the mandatory information referred to in Article 45(2). |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 46 | deleted |
| Interoperability of registers of other powers of representation | |
| By [two years after the date of start of application] at the latest, Member States where national law provides for electronic registers recording information concerning other powers of representation which are registered by a competent authority, and where national law does not provide for the confirmation of such powers of representation, shall ensure that those registers record the mandatory information referred to in Article 45(2). |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 47 | deleted |
| Interconnection of registers | |
| 1. By means of implementing acts, the Commission shall establish a decentralised system for the interconnection ('system of interconnection') that is composed of: | |
| (a) Member States' protection registers of measures referred to in Article 45 and, where applicable, Member States' protection registers of confirmed powers of representation referred to in Article 45 and Member State's registers of other powers of representation Article 46; | |
| (b) a central electronic access point to the information in the system. | |
| 2. The system of interconnection shall provide a search service in all the official languages of the Union in order to make available the following: | |
| (a) the mandatory information set out in Article 45(2); | |
| (b) any other documents or information included in the protection registers or other registers of powers of representation, which the Member States choose to make available through the system of interconnection. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 47 | deleted |
| Interconnection of registers | |
| 1. By means of implementing acts, the Commission shall establish a decentralised system for the interconnection ('system of interconnection') that is composed of: | |
| (a) Member States' protection registers of measures referred to in Article 45 and, where applicable, Member States' protection registers of confirmed powers of representation referred to in Article 45 and Member State's registers of other powers of representation Article 46; | |
| (b) a central electronic access point to the information in the system. | |
| 2. The system of interconnection shall provide a search service in all the official languages of the Union in order to make available the following: | |
| (a) the mandatory information set out in Article 45(2); | |
| (b) any other documents or information included in the protection registers or other registers of powers of representation, which the Member States choose to make available through the system of interconnection. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 48 | deleted |
| Condition of access to information via the system of interconnection | |
| 1. Member States shall ensure that the information referred to in Article 47(2) is available free of charge via the system of interconnection. | |
| 2. The information available through the system of interconnection shall only be available to those competent authorities or Central Authorities of a Member State which: | |
| (a) have access to the mandatory information under their national law; | |
| (b) have a legitimate interest in accessing this information. | |
| 3. For the purposes of paragraph (2), point (a), Member States shall provide the means to authorise those competent authorities or Central Authorities to access to the system of interconnection. | |
| 4. Upon a request made by those competent authorities or Central Authorities, the system of interconnection shall automatically make the information referred to in Article 47(2) accessible to them. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 48 | deleted |
| Condition of access to information via the system of interconnection | |
| 1. Member States shall ensure that the information referred to in Article 47(2) is available free of charge via the system of interconnection. | |
| 2. The information available through the system of interconnection shall only be available to those competent authorities or Central Authorities of a Member State which: | |
| (a) have access to the mandatory information under their national law; | |
| (b) have a legitimate interest in accessing this information. | |
| 3. For the purposes of paragraph (2), point (a), Member States shall provide the means to authorise those competent authorities or Central Authorities to access to the system of interconnection. | |
| 4. Upon a request made by those competent authorities or Central Authorities, the system of interconnection shall automatically make the information referred to in Article 47(2) accessible to them. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1 a. Competent and central authorities shall ensure that information transmitted in the context of 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. No centralised data storage is allowed and Member States shall take appropriate measures to prevent unauthorised access. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The European electronic access point established on the European e-Justice Portal pursuant to Article 4 of Regulation EU [...] [the Digitalisation Regulation] may be used for electronic communication between natural and legal persons and Member States' competent authorities and issuing authorities in connection with the following: | 1. The European electronic access point established on the European e-Justice Portal pursuant to Article 4 of 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 may be used for electronic communication between natural and legal persons and Member States' competent authorities and issuing authorities in connection with the following: |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Article 4(3), Article 5(2) and (3), and Article 6 of Regulation EU [...] [the Digitalisation Regulation] shall apply to electronic communications pursuant to paragraph (1). | 2. Article 4(3), Article 5(2) and (3), and Article 6 of 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 shall apply to electronic communications pursuant to paragraph (1). |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 54 | deleted |
| Data accessed through the system of interconnection | |
| 1. Notwithstanding Article 53, processing of personal data under Chapter VIII on the establishment of protection registers and interconnection of registers shall be governed by the paragraphs 2 to 5 of this Article. | |
| 2. Processing of personal data under Chapter VIII shall be limited to the extent necessary for the purposes of facilitating the cross-border provision of information about a measure or powers of representation concerning a particular adult. Without affecting Article 47(2), point (b), the processing shall be limited to the personal data included in the mandatory information set out in Article 45(2). | |
| 3. Personal data shall be stored in the Member States' protection registers referred to in Article 45(1) or registers of other powers of representation referred to in Article 46. The retention period of data in the system of interconnection shall be limited to what is necessary to interconnect those registers and to enable the retrieval of and the access to the data from them. | |
| 4. Member States shall be responsible, in accordance with Article 4(7) of Regulation (EU) 2016/679, for the collection and storage of data in registers referred to in Article 45 and Article 46 and for decisions taken to make that data available in the system of interconnection referred to in Article 47. | |
| 5. With respect to the system of interconnection referred to in Article 47, the Commission shall be regarded as controller within the meaning of Article 3(8) of Regulation (EU) 2018/1725. It shall adopt necessary technical solutions to fulfil its responsibilities within the scope of this function. The Commission shall in particular implement technical measures required to ensure the security of personal data while in transit, especially their confidentiality and integrity. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 54 | deleted |
| Data accessed through the system of interconnection | |
| 1. Notwithstanding Article 53, processing of personal data under Chapter VIII on the establishment of protection registers and interconnection of registers shall be governed by the paragraphs 2 to 5 of this Article. | |
| 2. Processing of personal data under Chapter VIII shall be limited to the extent necessary for the purposes of facilitating the cross-border provision of information about a measure or powers of representation concerning a particular adult. Without affecting Article 47(2), point (b), the processing shall be limited to the personal data included in the mandatory information set out in Article 45(2). | |
| 3. Personal data shall be stored in the Member States' protection registers referred to in Article 45(1) or registers of other powers of representation referred to in Article 46. The retention period of data in the system of interconnection shall be limited to what is necessary to interconnect those registers and to enable the retrieval of and the access to the data from them. | |
| 4. Member States shall be responsible, in accordance with Article 4(7) of Regulation (EU) 2016/679, for the collection and storage of data in registers referred to in Article 45 and Article 46 and for decisions taken to make that data available in the system of interconnection referred to in Article 47. | |
| 5. With respect to the system of interconnection referred to in Article 47, the Commission shall be regarded as controller within the meaning of Article 3(8) of Regulation (EU) 2018/1725. It shall adopt necessary technical solutions to fulfil its responsibilities within the scope of this function. The Commission shall in particular implement technical measures required to ensure the security of personal data while in transit, especially their confidentiality and integrity. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 54 | deleted |
| Data accessed through the system of interconnection | |
| 1. Notwithstanding Article 53, processing of personal data under Chapter VIII on the establishment of protection registers and interconnection of registers shall be governed by the paragraphs 2 to 5 of this Article. | |
| 2. Processing of personal data under Chapter VIII shall be limited to the extent necessary for the purposes of facilitating the cross-border provision of information about a measure or powers of representation concerning a particular adult. Without affecting Article 47(2), point (b), the processing shall be limited to the personal data included in the mandatory information set out in Article 45(2). | |
| 3. Personal data shall be stored in the Member States' protection registers referred to in Article 45(1) or registers of other powers of representation referred to in Article 46. The retention period of data in the system of interconnection shall be limited to what is necessary to interconnect those registers and to enable the retrieval of and the access to the data from them. | |
| 4. Member States shall be responsible, in accordance with Article 4(7) of Regulation (EU) 2016/679, for the collection and storage of data in registers referred to in Article 45 and Article 46 and for decisions taken to make that data available in the system of interconnection referred to in Article 47. | |
| 5. With respect to the system of interconnection referred to in Article 47, the Commission shall be regarded as controller within the meaning of Article 3(8) of Regulation (EU) 2018/1725. It shall adopt necessary technical solutions to fulfil its responsibilities within the scope of this function. The Commission shall in particular implement technical measures required to ensure the security of personal data while in transit, especially their confidentiality and integrity. |
| Text proposed by the Commission | Amendment |
|---|---|
| No legalisation or other similar formality shall be required in the context of this Regulation. | No legalisation or other similar formality shall be required in the context of this Regulation, but there should be guarantees at least of faithfulness to the original, accompanied by solemn statements. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission shall adopt implementing acts establishing a decentralised system for the interconnection of registers referred to in Article 47 ('system of interconnection') setting out the following: | deleted |
| (a) the technical specification defining the methods of communication and information exchange by electronic means on the basis of the established interface specification for the system of interconnection; | |
| (b) the technical measures ensuring the minimum information technology security standards for communication and distribution of information within the system of interconnection; | |
| (c) minimum criteria for the search service provided by the system of interconnection based on the information set out in Article 45; | |
| (d) minimum criteria for the presentation of the results of the searches in the system of interconnection based on the information set out in Article 45; | |
| (e) the means and the technical conditions of availability of services provided by the system of interconnection; | |
| (f) a technical semantic glossary containing a basic explanation of the Member States' of protection measures or of powers of representation; | |
| (g) specification of the categories of data that can be accessed, including pursuant to Article 47(2), point (b); and | |
| (h) data protection safeguards. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission shall adopt implementing acts establishing a decentralised system for the interconnection of registers referred to in Article 47 ('system of interconnection') setting out the following: | deleted |
| (a) the technical specification defining the methods of communication and information exchange by electronic means on the basis of the established interface specification for the system of interconnection; | |
| (b) the technical measures ensuring the minimum information technology security standards for communication and distribution of information within the system of interconnection; | |
| (c) minimum criteria for the search service provided by the system of interconnection based on the information set out in Article 45; | |
| (d) minimum criteria for the presentation of the results of the searches in the system of interconnection based on the information set out in Article 45; | |
| (e) the means and the technical conditions of availability of services provided by the system of interconnection; | |
| (f) a technical semantic glossary containing a basic explanation of the Member States' of protection measures or of powers of representation; | |
| (g) specification of the categories of data that can be accessed, including pursuant to Article 47(2), point (b); and | |
| (h) data protection safeguards. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 62 | deleted |
| Costs of establishing protection registers and interconnecting Member States' registers | |
| 1. The establishment, maintenance and development of the system of interconnection established under Chapter VIII shall be financed from the general budget of the Union. | |
| 2. Each Member State shall bear the costs of establishing and adjusting its registers referred to in Articles 45 and 46 to make them interoperable with the decentralised system for the interconnection of registers, as well as the costs of administering, operating and maintaining those registers. This shall not affect the possibility to apply for grants to support such activities under the Union's financial programmes. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 62 | deleted |
| Costs of establishing protection registers and interconnecting Member States' registers | |
| 1. The establishment, maintenance and development of the system of interconnection established under Chapter VIII shall be financed from the general budget of the Union. | |
| 2. Each Member State shall bear the costs of establishing and adjusting its registers referred to in Articles 45 and 46 to make them interoperable with the decentralised system for the interconnection of registers, as well as the costs of administering, operating and maintaining those registers. This shall not affect the possibility to apply for grants to support such activities under the Union's financial programmes. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. Chapter VIII on the establishment and interconnection of protection registers and registers of other powers of representation shall apply to the measures taken and the powers of representation confirmed or registered from the first day of the month following the period of two years after the adoption of the implementing act referred to in Article 60(4). | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. Chapter VIII on the establishment and interconnection of protection registers and registers of other powers of representation shall apply to the measures taken and the powers of representation confirmed or registered from the first day of the month following the period of two years after the adoption of the implementing act referred to in Article 60(4). | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. By [10 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 be accompanied, where necessary, by a legislative proposal. | 1. At the latest by [4 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 be accompanied, where necessary, by a legislative proposal. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. By [10 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 be accompanied, where necessary, by a legislative proposal. | 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 be accompanied, where necessary, by a legislative proposal. |
| Text proposed by the Commission | Amendment |
|---|---|
| (m) authorities referred to in Article 48(2), point (a) having access to information via the system of interconnection of registers. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (m) authorities referred to in Article 48(2), point (a) having access to information via the system of interconnection of registers. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 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, and the information referred to in paragraph 1, point (m), by the first day of the month following the period of two years after the date of entry into force of the implementing act referred to in Article 60(4). | 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Articles 45 and 46 shall apply from [two years after the date of entry into application]. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Articles 45 and 46 shall apply from [two years after the date of entry into application]. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Article 47 shall apply from the first day of the month following the period of two years after the date of entry into force of the implementing act referred to in Article 60(1). | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Article 47 shall apply from the first day of the month following the period of two years after the date of entry into force of the implementing act referred to in Article 60(1). | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES 2006 |
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Sources & citation
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- Data source
- Licensed CC BY 4.0.
- Retrieved
- 25 September 2026
Cite as
European Parliament (2025). “AMENDMENTS 76 - 275 - Draft report Jurisdiction, applicable law, recognition and enforcement of measures and cooperation in matters relating to the protection of adults”. Text, 24 March 2025. docId JURI-AM-771915. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/JURI-AM-771915 (retrieved 25 September 2026). Data: EP Open Data API: document record, https://data.europarl.europa.eu/api/v2/documents/JURI-AM-771915 (CC BY 4.0).
BibTeX
@misc{epw-text-juri-am-771915,
author = {{European Parliament}},
title = {{AMENDMENTS 76 - 275 - Draft report Jurisdiction, applicable law, recognition and enforcement of measures and cooperation in matters relating to the protection of adults}},
year = {2025},
date = {2025-03-24},
howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/JURI-AM-771915}},
url = {https://news.eu-parl.st-solutions.dev/texts/JURI-AM-771915},
urldate = {2026-09-25},
publisher = {EU Parl Watch Research},
note = {Text. docId JURI-AM-771915. Data: EP Open Data API: document record (CC BY 4.0)}
}