Changes from report parliamentary committee draft to plenary report

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

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

AddedArticle 3 – paragraph 1 – point 10: deleted

AddedArticle 3 – paragraph 1 – point 12: deleted

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

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

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

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

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

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

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

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

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

AddedArticle 16 – title: Recognition of authentic instruments

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

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

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

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

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

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

Article 19 – paragraph 2: deleted

Change 7

RemovedEntire content moved under first paragraph.

Article 19 – paragraph 3: deleted

Change 8

RemovedEntire content moved under first paragraph.

AddedArticle 21 – title: Living and Support Arrangements

Change 9

ChangedArticle 21 – paragraph 1: 1. If an authority of a Member State contemplates thea placementdecision ofon theliving vulnerableand adult,support afterarrangements, havingincluding, obtainedwhere applicable, the consentplacement of the vulnerable adult,adult in another Member State in an establishment or other institution where protection can be provided, it shallshall, firstin accordance with national law, obtain the consent of the adult, and obtain the consent of a Central Authority of that other Member State. To that effect, it shall transmit to the Central Authority of the requested Member State a report on the vulnerable adult together with the reasons for the proposed measure, using the form set out in Annex VI.

Change 10

RemovedArticle 23 – paragraph 2: 2. The meeting of Central Authorities shall be convened by the Commission within the framework of the European Judicial Network in civil and commercial matters in compliance with Council Decision 2001/470/EC25 .

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

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

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

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

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

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

Change 11

RemovedConsistent with the change in Article 37.

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

RemovedArticle 33 a (new): Article 33a / Support measures / 1. Member states shall: / (a) appoint cross-border liaison judges specialising in vulnerable adult protection matters to participate in a European Network for the purpose of facilitating coordination between Member States; / (b) establish online cooperation platforms to allow professionals assisting vulnerable adults such as legal representatives, social workers or medical experts to exchange necessary information in a secure and efficient manner; / (c) establish AI-assisted case management tools, where appropriate, to streamline communication between courts and competent authorities handling protection measures across jurisdictions. / 2. Where appropriate, and in line with Regulation (EU) 2024/1689 of the European Parliament and of the Council1a, competent authorities may use AI-driven tools to enhance access to justice and support vulnerable adults in cross-border situations, provided such tools comply with EU fundamental rights, data protection, and transparency requirements. Such tools may include: / (a) AI-powered legal assistance to provide adults with accessible explanations of jurisdiction, applicable law, and recognition procedures in their preferred language; / (b) automated cross-border case tracking, enabling adults and their representatives to follow the progress of jurisdictional, recognition, or enforcement proceedings across Member States; / (c) AI-driven risk detection systems to identify potential inconsistencies in protectiv…

AddedChapter VII – title: EUROPEAN CERTIFICATE OF SUPPORT AND REPRESENTATION

Change 12

ChangedChapterArticle VII34 – title: EUROPEAN CERTIFICATE OF SUPPORT AND REPRESENTATION / (This amendment applies throughout theCreation text.of Adoptinga itEuropean willCertificate necessitateof correspondingSupport changesand throughout.)Representation

Change 13

ChangedArticle 3534 – paragraph 1: 1. TheThis CertificateRegulation shallcreates bea issuedEuropean toCertificate theof vulnerableSupport adultand forRepresentation use(‘the byCertificate’) herwhich orshall hisbe representativesissued whofor use in another Member State need to invoke theirand powersshall toproduce supportthe oreffects representlisted thein vulnerableArticle adult.40.

Change 14

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

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

Change 15

RemovedArticle 37 – paragraph 2: 2. Member States shall ensure that the Certificate is issued free of charge.

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

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

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

Change 16

AddedArticle 38 – paragraph 3: deleted

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

Change 17

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

Change 18

RemovedArticle 45 – paragraph 1: 1. 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').

AddedChapter VIII – title: deleted

RemovedNecessary for legal clarity and corresponding with Article 70.

AddedArticle 45: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

RemovedArticle 46 – paragraph 1: 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).

AddedArticle 46: deleted / (deleted) / (deleted)

RemovedNecessary for legal clarity and corresponding with Article 70.

AddedArticle 47: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

RemovedArticle 47 – paragraph 1 – introductory part: 1. By means of implementing acts adopted in accordance with the provisions set out in Article 60(1) and (4), the Commission shall establish a decentralised system for the interconnection ('system of interconnection') that is composed of:

AddedArticle 48: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

RemovedArticle 48 – paragraph 2 – point b: (b) have a legitimate interest in accessing the information strictly necessary for one of the purposes set out in Article 51(1), point (a), (b), (c), (d) or (e) in relation to the vulnerable adult that is the subject of ongoing proceedings before the requesting authorities.

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