Introductory text

United Kingdom

Commission Implementing Regulation (EU) 2015/228

of 17 February 2015

replacing Annexes I to VII to Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations^f1, and in particular Article 72 thereof,

Whereas:

(1)

Annexes I to VII to Regulation (EC) No 4/2009 were amended by Council Regulation (EU) No 517/2013^f2 to take account of the accession of Croatia to the European Union. Regulation (EU) No 517/2013 also took account of the change of currency in Estonia.

(2)

Latvia and Lithuania changed currency on 1 January 2014 and 1 January 2015 respectively. Annexes I to IV and VII should be amended accordingly.

(3)

In accordance with Article 4 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, the United Kingdom has informed the Commission of its wish to take part in the application of Regulation (EC) No 4/2009. References to the United Kingdom must therefore be included in Annexes II and IV to VII.

(4)

In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Denmark did not take part in the adoption of Regulation (EC) No 4/2009 and is not taking part in the adoption of this Regulation; it is not bound by Regulation (EC) No 4/2009 or by this Regulation, nor is it subject to their application.

(5)

In accordance with Article 3(2) of the agreement of 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters^f3, Denmark has, however, notified^f4 the Commission of its decision to partly implement the content of Regulation (EC) No 4/2009 in so far as that Regulation amends Council Regulation (EC) No 44/2001^f5, the subject of the abovementioned agreement of 19 October 2005. References to Denmark must therefore be included in Annexes II and IV.

(6)

Lastly, it is necessary to amend certain sections of Annexes VI and VII to facilitate their application.

(7)

The measures provided for in this Regulation are in accordance with the opinion of the committee established under Article 70 of Council Regulation (EC) No 2201/2003^f6.

(8)

For reasons of clarity, therefore, Annexes I to VII of Regulation (EC) No 4/2009 must be replaced,

HAS ADOPTED THIS REGULATION:

Annotations

Footnotes

f1: OJ L 7, 10.1.2009, p. 1.
f2: Council Regulation (EU) No 517/2013 of 13 May 2013 adapting certain regulations and decisions in the fields of free movement of goods, freedom of movement for persons, company law, competition policy, agriculture, food safety, veterinary and phytosanitary policy, transport policy, energy, taxation, statistics, trans-European networks, judiciary and fundamental rights, justice, freedom and security, environment, customs union, external relations, foreign, security and defence policy and institutions, by reason of the accession of the Republic of Croatia (OJ L 158, 10.6.2013, p. 1).
f3: OJ L 299, 16.11.2005, p. 62.
f4: OJ L 149, 12.6.2009, p. 80.
f5: Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 12, 16.1.2001, p. 1).
f6: Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (OJ L 338, 23.12.2003, p. 1).