Changes from report parliamentary committee draft to plenary report

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

Change 19

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

Change 20

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

Change 21

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

AddedArticle 54: deleted / (deleted) / (deleted) / (deleted) / (deleted)

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

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

Change 22

RemovedArticle 60 – paragraph 4: 4. The implementing acts establishing the system of interconnection pursuant to paragraph 1 shall be adopted by [2 years after the entry into force].

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

RemovedArticle 60 – paragraph 5: 5. The implementing acts establishing the decentralised IT system pursuant to paragraph 2 shall be adopted by [1 year after the entry into force].

AddedArticle 60 – paragraph 1: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

AddedArticle 60 – paragraph 4: deleted

AddedArticle 62: deleted / (deleted) / (deleted) / (deleted)

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

Change 23

RemovedProvisions concern application and are moved accordingly to Article 70.

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

RemovedArticle 66 – paragraph 1: 1. By [5 years after the entry into force], the Commission shall carry out an evaluation of this Regulation and present to the European Parliament, to the Council [and to the European Economic and Social Committee] a report on the evaluation of this Regulation supported by information supplied by the Member States and collected by the Commission. The report shall be accompanied, where necessary, by a legislative proposal. The decision on whether or not to present a legislative proposal shall be submitted no later than 2 years after the date of the publication of the evaluation report, and its justification shall be made public.

Article 69 – paragraph 1 – point k: deleted

Change 24

RemovedNecessary corresponding with change in Article 37(2).

AddedArticle 69 – paragraph 1 – point m: deleted

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

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

Change 25

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

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

Change 26

RemovedArticle 70 – paragraph 4: 4. Article 38(3) and Articles 45 and 46 shall apply from the first day of the month following the period of one year after the date of entry into force of the implementing act referred to in Article 60(1).

AddedArticle 70 – paragraph 4: deleted

Article 70 – paragraph 5: deleted

Change 27

RemovedNecessary for legal clarity and corresponding with change in Article 47.

AddedArticle 70 – paragraph 6: deleted / (deleted)

RemovedArticle 70 – paragraph 6: deleted

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

RemovedCorresponding with change in paragraph 4.

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

RemovedCorresponding with change in Article 65.

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

Change 28

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

Change 29

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

Change 30

RemovedArticle 70 – paragraph 6 e (new): 6e. Articles 45, 46 and 48 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 date referred to in paragraph 4.

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