Recognition and enforcement
1. A protection measure ordered in a Member State shall be recognised in the other Member States without any special procedure being required and shall be enforceable without a declaration of enforceability being required.
2. A protected person who wishes to invoke in the Member State addressed a protection measure ordered in the Member State of origin shall provide the competent authority of the Member State addressed with:
(a)
a copy of the protection measure which satisfies the conditions necessary to establish its authenticity;
(b)
the certificate issued in the Member State of origin pursuant to Article 5; and
(c)
where necessary, a transliteration and/or a translation of the certificate in accordance with Article 16.
3. The certificate shall take effect only within the limits of the enforceability of the protection measure.
4. Irrespective of whether the protection measure has a longer duration, the effects of recognition pursuant to paragraph 1 shall be limited to a period of 12 months, starting from the date of the issuing of the certificate.
5. The procedure for the enforcement of protection measures shall be governed by the law of the Member State addressed.
Certificate
1. The issuing authority of the Member State of origin shall, upon request by the protected person, issue the certificate using the multilingual standard form established in accordance with Article 19 and containing the information provided for in Article 7.
2. No appeal shall lie against the issuing of the certificate.
3. Upon request by the protected person, the issuing authority of the Member State of origin shall provide the protected person with a transliteration and/or a translation of the certificate by making use of the multilingual standard form established in accordance with Article 19.
Requirements for the issuing of the certificate
1. The certificate may only be issued if the protection measure has been brought to the notice of the person causing the risk in accordance with the law of the Member State of origin.
2. Where the protection measure was ordered in default of appearance, the certificate may only be issued if the person causing the risk had been served with the document which instituted the proceeding or an equivalent document or, where relevant, had been otherwise informed of the initiation of the proceeding in accordance with the law of the Member State of origin in sufficient time and in such a way as to enable that person to arrange for his or her defence.
3. Where the protection measure was ordered under a procedure that does not provide for prior notice to be given to the person causing the risk (‘ ex-parte proceeding’), the certificate may only be issued if that person had the right to challenge the protection measure under the law of the Member State of origin.
Contents of the certificate
The certificate shall contain the following information:
(a)
the name and address/contact details of the issuing authority;
(b)
the reference number of the file;
(c)
the date of issue of the certificate;
(d)
details concerning the protected person: name, date and place of birth, where available, and an address to be used for notification purposes, preceded by a conspicuous warning that that address may be disclosed to the person causing the risk;
(e)
details concerning the person causing the risk: name, date and place of birth, where available, and address to be used for notification purposes;
(f)
all information necessary for enforcement of the protection measure, including, where applicable, the type of the measure and the obligation imposed by it on the person causing the risk and specifying the function of the place and/or the circumscribed area which that person is prohibited from approaching or entering, respectively;
(g)
the duration of the protection measure;
(h)
the duration of the effects of recognition pursuant to Article 4(4);
(i)
a declaration that the requirements laid down in Article 6 have been met;
(j)
information on the rights granted under Articles 9 and 13;
(k)
for ease of reference, the full title of this Regulation.
Notification of the certificate to the person causing the risk
1. The issuing authority of the Member State of origin shall bring to the notice of the person causing the risk the certificate and the fact that the issuing of the certificate results in the recognition and, where applicable, in the enforceability of the protection measure in all Member States pursuant to Article 4.
2. Where the person causing the risk resides in the Member State of origin, the notification shall be effected in accordance with the law of that Member State. Where the person causing the risk resides in a Member State other than the Member State of origin or in a third country, the notification shall be effected by registered letter with acknowledgment of receipt or equivalent.
Situations in which the address of the person causing the risk is not known or in which that person refuses to accept receipt of the notification shall be governed by the law of the Member State of origin.
3. The whereabouts or other contact details of the protected person shall not be disclosed to the person causing the risk unless their disclosure is necessary for compliance with, or the enforcement of, the protection measure.
Rectification or withdrawal of the certificate
1. Without prejudice to Article 5(2) and upon request by the protected person or the person causing the risk to the issuing authority of the Member State of origin or on that authority’s own initiative, the certificate shall be:
(a)
rectified where, due to a clerical error, there is a discrepancy between the protection measure and the certificate; or
(b)
withdrawn where it was clearly wrongly granted, having regard to the requirements laid down in Article 6 and the scope of this Regulation.
2. The procedure, including any appeal, with regard to the rectification or withdrawal of the certificate shall be governed by the law of the Member State of origin.
Assistance to the protected person
Upon request by the protected person, the issuing authority of the Member State of origin shall assist that person in obtaining information, as made available in accordance with Articles 17 and 18, concerning the authorities of the Member State addressed before which the protection measure is to be invoked or enforcement is to be sought.
Adjustment of the protection measure
1. The competent authority of the Member State addressed shall, where and to the extent necessary, adjust the factual elements of the protection measure in order to give effect to the protection measure in that Member State.
2. The procedure for the adjustment of the protection measure shall be governed by the law of the Member State addressed.
3. The adjustment of the protection measure shall be brought to the notice of the person causing the risk.
4. Where the person causing the risk resides in the Member State addressed, the notification shall be effected in accordance with the law of that Member State. Where the person causing the risk resides in a Member State other than the Member State addressed or in a third country, the notification shall be effected by registered letter with acknowledgment of receipt or equivalent.
Situations in which the address of the person causing the risk is not known or in which that person refuses to accept receipt of the notification shall be governed by the law of the Member State addressed.
5. An appeal against the adjustment of the protection measure may be lodged by the protected person or the person causing the risk. The appeal procedure shall be governed by the law of the Member State addressed. However, the lodging of an appeal shall not have suspensive effect.
No review as to substance
Under no circumstances may a protection measure ordered in the Member State of origin be reviewed as to its substance in the Member State addressed.
Refusal of recognition or enforcement
1. The recognition and, where applicable, the enforcement of the protection measure shall be refused, upon application by the person causing the risk, to the extent such recognition is:
(a)
manifestly contrary to public policy in the Member State addressed; or
(b)
irreconcilable with a judgment given or recognised in the Member State addressed.
2. The application for refusal of recognition or enforcement shall be submitted to the court of the Member State addressed as communicated by that Member State to the Commission in accordance with point (a)(iv) of Article 18(1).
3. The recognition of the protection measure may not be refused on the ground that the law of the Member State addressed does not allow for such a measure based on the same facts.
Suspension or withdrawal of recognition or enforcement
1. In the event of suspension or withdrawal of the protection measure in the Member State of origin, suspension or limitation of its enforceability, or withdrawal of the certificate in accordance with point (b) of Article 9(1), the issuing authority of the Member State of origin shall, upon request by the protected person or the person causing the risk, issue a certificate indicating that suspension, limitation or withdrawal using the multilingual standard form established in accordance with Article 19.
2. Upon submission by the protected person or the person causing the risk of the certificate issued in accordance with paragraph 1, the competent authority of the Member State addressed shall suspend or withdraw the effects of the recognition and, where applicable, the enforcement of the protection measure.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
