Council Decision (EU) 2017/770 of 25 April 2017 on the ratification and accession by Member States, in the interest of the European Union, to the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, with regard to the aspects related to judicial cooperation in civil matters
Member States are hereby authorised to ratify or accede to, as appropriate, the Protocol of 2010 in the interest of the Union with regard to the aspects related to judicial cooperation in civil matters for which the Union has exclusive competence, subject to the conditions laid down in this Decision.
1. Member States shall endeavour to take the necessary steps to deposit the instruments of ratification of, or accession to, the Protocol of 2010 within a reasonable time and, if possible, by 6 May 2021.
2. Member States shall inform each other and the Council and the Commission in an appropriate manner when the system for the reporting of HNS contributing cargo becomes operational.
3. Member States shall seek to exchange best practices, in particular on the system for the reporting of HNS contributing cargo under the Protocol of 2010.
When ratifying or acceding to the Protocol of 2010, Member States shall also deposit the Declaration set out in the Annex to this Decision.
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union .
This Decision is addressed to the Member States in accordance with the Treaties.
Supplementary provisions
ANNEXSupplementary provisions
ANNEX
Declaration to be deposited by Member States when ratifying or acceding to the Protocol of 2010, in accordance with Article 3:
‘Judgments on matters covered by the Convention as amended by the Protocol of 2010, when given by a court of … ( 1 ) , shall be recognised and enforced in … ( 2 ) in accordance with the relevant European Union rules on the subject ( 3 ) .
Judgments on matters covered by the Convention as amended by the Protocol of 2010, when given by a court of the Kingdom of Denmark, shall be recognised and enforced in … ( 4 ) in accordance with the 2005 Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ( 5 ) .
Judgments on matters covered by the Convention as amended by the Protocol of 2010, when given by a court of a third State bound by the Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters of 30 October 2007
( 6 ) , shall be recognised and enforced in … ( 7 ) in accordance with that Convention.
( 1 ) All Member States of the European Union, with the exception of the Member State making the Declaration and Denmark.
( 2 ) The Member State making the Declaration.
( 3 ) At present, these rules are laid down in Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ( OJ L 351, 20.12.2012, p. 1 ).
( 4 ) The Member State making the Declaration.
( 5 )
OJ L 299, 16.11.2005, p. 62 .
( 6 )
OJ L 339, 21.12.2007, p. 3 .
( 7 ) The Member State making the Declaration.’.’
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.