CHAPTER IXFINAL PROVISIONS

Article 100Transitional provisions

1.

This Regulation shall apply only to legal proceedings instituted, to authentic instruments formally drawn up or registered and to agreements registered on or after 1 August 2022.

2.

Regulation (EC) No 2201/2003 shall continue to apply to decisions given in legal proceedings instituted, to authentic instruments formally drawn up or registered and to agreements which have become enforceable in the Member State where they were concluded before 1 August 2022 and which fall within the scope of that Regulation.

Article 101Monitoring and Evaluation

1.

By 2 August 2032, the Commission shall present to the European Parliament, to the Council and to the European Economic and Social Committee a report on the ex post evaluation of this Regulation supported by information supplied by the Member States. The report shall be accompanied, where necessary, by a legislative proposal.

2.

As of 2 August 2025, the Member States shall provide the Commission upon request, where available, with information relevant for the evaluation of the operation and application of this Regulation on:

(a)

the number of decisions in matrimonial matters or in matters of parental responsibility in which jurisdiction was based on the grounds laid down in this Regulation;

(b)

with regard to applications for enforcement of a decision as referred to in Article 28(1), the number of cases where enforcement has not occurred within six weeks from the moment the enforcement proceedings were initiated;

(c)

the number of applications for refusal of recognition of a decision pursuant to Article 40 and the number of cases in which the refusal of recognition was granted;

(d)

the number of applications for refusal of enforcement of a decision pursuant to Article 58 and the number of cases in which the refusal of enforcement was granted;

(e)

the number of appeals lodged pursuant to Articles 61 and 62, respectively.

Article 102Member States with two or more legal systems

With regard to a Member State in which two or more systems of law or sets of rules concerning matters governed by this Regulation apply in different territorial units:

  1. (a)

    any reference to habitual residence in that Member State shall refer to habitual residence in a territorial unit;

  2. (b)

    any reference to nationality shall refer to the territorial unit designated by the law of that Member State;

  3. (c)

    any reference to the authority of a Member State shall refer to the authority of a territorial unit within that Member State which is concerned;

  4. (d)

    any reference to the rules of the requested Member State shall refer to the rules of the territorial unit in which jurisdiction, recognition or enforcement is invoked.

Article 103Information to be communicated to the Commission

1.

The Member States shall communicate to the Commission the following:

(a)

any authorities referred to in point (b) of point (2) and point (3) of Article 2(2) and Article 74(2);

(b)

the courts and authorities competent to issue certificates as referred to in Article 36(1) and Article 66 and the courts competent to rectify certificates as referred to in Article 37(1), Article 48(1), 49, and Article 66(3) in conjunction with Article 37(1);

(c)

the courts referred to in Article 30(3), Article 52, Article 40(1), Article 58(1) and Article 62 as well as the authorities and courts referred to in Article 61(2);

(d)

the authorities competent for enforcement referred to in Article 52;

(e)

the redress procedures referred to in Articles 61 and 62;

(f)

the names, addresses and means of communication for the Central Authorities designated pursuant to Article 76;

(g)

the categories of close relatives referred to in Article 82(2), where applicable;

(h)

the languages accepted for communications to Central Authorities pursuant to Article 91(3);

(i)

the languages accepted for the translations pursuant to Article 80(3), Article 81(2), Article 82(4) and Article 91(2).

2.

The Member States shall communicate the information referred to in paragraph 1 to the Commission by 23 April 2021.

3.

The Member States shall communicate to the Commission any changes to the information referred to in paragraph 1.

4.

The Commission shall make the information referred to in paragraph 1 publicly available through appropriate means, including through the European e-Justice Portal.

Article 104Repeal

1.

Subject to Article 100(2) of this Regulation, Regulation (EC) No 2201/2003 is repealed from 1 August 2022.

2.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex X.

Article 105Entry into force

1.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

2.

This Regulation shall apply from 1 August 2022, with the exception of Articles 92, 93 and 103, which shall apply from 22 July 2019.