What changed between the draft committee report and the plenary report

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

7 unchanged paragraphs

on the proposal for a regulation of the European Parliament and of the Council Jurisdiction, applicable law, recognition and enforcement of measures and cooperation in matters relating to the protection of adults

(COM(2023)0280 – C90192/2023 – 2023/0169(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0280),

– having regard to Article 294(2) and Article 81(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90192/2023),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

Removed:– having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the German, Italian and Portuguese Parliaments,

Removed:– having regard to the opinion of the European Data Protection Supervisor of 18 July 2023,

– having regard to the opinion of the European Economic and Social Committee of 13 December 2024,

Changed:– having regard to Rules 60, 41 andRule 5860 of its Rules of Procedure,

Changed:– having regard to the report of the Committee on Legal Affairs (A100000/2025),(A10-0128/2025),

5 unchanged paragraphs

1. Adopts its position at first reading hereinafter set out;

2. Approves its statement annexed to this resolution, which will be published in the L series of the Official Journal of the European Union together with the final legislative act;

3. Suggests that the act be cited as 'the Jana Toom and .....- Regulation on Jurisdiction, applicable law, recognition and enforcement of measures and cooperation in matters relating to the protection of adults';

4. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

5. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 1

Removed:Recital 1: (1) The purpose of this Regulation is to lay down rules, in cross-border cases, for the protection of adults who, by reason of an impairment or insufficiency of their personal faculties, are not in a position to protect their interests or require support and safeguards in the exercise of their legal capacity. In particular, this Regulation lays down rules on jurisdiction, applicable law, recognition and enforcement of measures, acceptance of authentic instruments and cooperation between Member States' competent authorities and Central Authorities.

Added:Citation 3 a (new): Having regard to the opinion of the European Economic and Social Committee1a, / 1a OJ C, C/2024/1581, 5.3.2024, ELI: http://data.europa.eu/eli/C/2024/1581/oj.

Removed:Recital 10: (10) In addition, the interpretation of the rules laid down in this Regulation should be guided by its objectives that are to enhance the protection of fundamental rights and freedoms and other rights of adults in cross-border situations, including their right to autonomy, access to justice, right to property, right to be heard, right to free movement and equality. In this regard, this Regulation builds on the Charter of Fundamental Rights of the European Union (‘Charter’) and on international human rights law in this area. In particular, a significant part of adults to which this Regulation applies are persons with disabilities. Their rights, including the right to equality before the law, integrity, access to justice and respect for their inherent dignity and individual autonomy, are guaranteed by the United Nations Convention on the Rights of Persons with Disabilities11 (‘UNCRPD’), to which both the Union and its Member States are parties. The rights safeguarded in the UNCRPD are to be protected both in national and cross-border cases, and where measures are taken in relation to persons with disabilities, those measures are to be in line with the UNCRPD. This Regulation, laying down private international law rules for cross-border cases, should be applied consistently with the human rights obligations under the UNCRPD, in particular with its Articles 3, 9, 12 and 19. As contracting Parties to the UNCRPD, Member States are to ensure that their national substantive and proce…

Added:Recital 1: (1) The purpose of this Regulation is to lay down rules, in cross-border cases, for the protection of adults who, by reason of an impairment or insufficiency of their personal faculties, are not in a position to protect their interests or require support and safeguards in decision-making. In particular, this Regulation lays down rules on jurisdiction, applicable law, recognition and enforcement of measures, verification of their implementation, acceptance recognition of authentic instruments and cooperation between Member States' competent authorities and Central Authorities.

Removed:Recital 10 a (new): (10a) This regulation is aimed at supporting the application of the HCCH 2000 Protection of Adults Convention with measures that are focused on full respect of the autonomy of adults concerned and the establishment of supported-decision making regimes and advance planning across the Union . .

Added:Recital 3: (3) In accordance with Article 81(2) of the Treaty on the Functioning of the European Union ('TFEU'), such measures may include those aimed at ensuring the compatibility of the rules applicable in the Member States concerning conflict of laws and jurisdiction and the mutual recognition and enforcement between Member States of judgments and of decisions in extrajudicial cases, effective access to justice, the elimination of obstacles to the proper functioning of civil proceedings and support for the training of the judiciary and judicial staff.

Removed:Recital 12: (12) This Regulation should cover civil matters involving the support and protection of adults, in particular related to measures, authentic instruments and powers of representation, aimed at supporting and protecting an adult. The support and protection is required due to an insufficiency or an impairment of the personal faculties of the adult, which can be permanent or temporary and, among others, of physical or psychosocial nature, or in connection with an age-related disease, such as Alzheimer’s disease, or resulting from a health condition, such as a coma. The personal faculties of the adult can be affected in full or in part and the adult can require varying degrees of support and assistance in exercising her or his legal capacity. More intensive forms of protection can in particular be required where barriers in the interaction with a range of environmental and personal factors hinder their participation in society on equal basis with others, in particular where the insufficiency or impairment of the personal faculties of the adult is such as to prevent that adult from looking after his or her own interests, such as property interests and personal or health interests. In such situations, protection should still be provided with full respect for the will and preferences of the adult. Examples of appropriate support of the adult in such situations include inferring the will and preferences of the adult from the adult's social circle, previous declared wishes or other sou…

Added:Recital 5: (5) In the absence of such common rules, various difficulties may arise for the adults who, in cross-border situations, require support and safeguards in decision-making and, for the purpose of the application of the Convention of the Hague Conference on Private International Law of 13 January 2000 on the International Protection of Adults (‘HCCH 2000 Protection of Adults Convention’) to be interpreted in the light of the United Nations Convention on Rights of Persons with Disabilities (‘UNCRPD’), are not in a position to protect their interests. This includes situations where those adults move to another Member State or where they own real property or other assets in another Member State. Difficulties may arise for instance where measures taken in one Member State with a view to protecting the adults, including support measures provided to exercise their legal capacity, need to be invoked in other Member States, or where powers of representation granted by the adults to be exercised by their representatives when the adults require support in decision-making and in the protection of their interests need to be later invoked abroad. Those difficulties can have serious adverse consequences on legal certainty in cross-border dealings and on the rights and wellbeing of the adults and on respect for their dignity. In particular, fundamental rights of the adults, such as access to justice, the right to autonomy, and the right to property and to free movement, may be negatively and, …

Added:Recital 10: (10) In addition, the interpretation of the rules laid down in this Regulation should be guided by its objectives that are to enhance the protection of fundamental rights and freedoms and other rights of adults in cross-border situations, including their right to autonomy, access to justice, right to property, right to be heard, right to free movement, non-discrimination and equality. In this regard, this Regulation builds on the Charter of Fundamental Rights of the European Union (‘Charter’) and on international human rights law in this area. In particular, a significant part of adults to which this Regulation applies are persons with disabilities. Their rights, including the right to equality before the law, integrity, access to justice and respect for their inherent dignity and individual autonomy, are guaranteed by the United Nations Convention on the Rights of Persons with Disabilities11 (‘UNCRPD’), to which both the Union and its Member States are parties. The rights safeguarded in the UNCRPD are to be protected both in national and cross-border cases, and where measures are taken in relation to persons with disabilities, those measures are to be in line with the UNCRPD. This Regulation, laying down private international law rules for cross-border cases, should be applied consistently with the human rights obligations under the UNCRPD, in particular with its Articles 3, 9, 12 and 19. As contracting Parties to the UNCRPD, Member States are to ensure that their national s…

Added:Recital 10 a (new): (10a) This Regulation is aimed at supporting the application of the HCCH 2000 Protection of Adults Convention with measures that are focused on full respect of the autonomy of adults concerned and the establishment of supported decision-making regimes and advance planning across the Union. The UNCRPD entered into force for the Union on 22 January 2011. The objective was for the Union to support the Member States in its implementation within its competences. In line with European Court of Justice juriprudence1a, it has consistently been held that international conventions which are an integral part of the legal order of the Union and are binding on it, have primacy over secondary legislation. Therefore, secondary legislation is to be interpreted as far as possible in accordance with those conventions. In line with the UNCRPD, every person has the inherent right to dignity, autonomy, and equality before the law, including the right to make their own decisions. The protection of adults should not be based on restricting their legal capacity by, for example, having a third person or authority make decisions on their behalf. Protection, instead, must be based on the provision of support to the adult to ensure that they can make autonomous decisions about their lives. The implementation of supported decision-making may take various forms which may include facilitating for the adult to choose one or more trusted support persons to assist them in exercising their legal capacity, impl…

Added:Recital 11: (11) Besides the protection, in cross-border situations, of fundamental rights and freedoms and other rights of adults, including the respect for their will and preferences, this Regulation also aims to improve the effectiveness and speed of judicial and administrative proceedings concerning the protection of adults establishing clear, simpler and functional mechanisms for cooperation in cross-border proceedings. It further aims to strengthen legal certainty and predictability in cross-border dealings, both for adults and their representatives and for other parties, whether they are public or private entities. Providing greater legal certainty and simpler, streamlined and digitalised procedures should also encourage individuals to exercise their right to free movement.

Added:Recital 12: (12) This Regulation should cover civil matters involving the support and protection of adults, in particular related to measures, authentic instruments and powers of representation, aimed at the support and protection of an adult. The support and protection is required due to an insufficiency or an impairment of the personal faculties of the adult, which can be permanent or temporary and, among others, of physical or psychosocial nature, or in connection with an age-related disease, such as Alzheimer’s disease, or resulting from a health condition, such as a coma. The personal faculties of the adult can be affected in full or in part and the adult can require varying degrees of support and assistance in exercising their legal capacity. More intensive forms of protection can in particular be required where barriers in the interaction with a range of environmental and personal factors hinder their participation in society on equal basis with others, in particular where the insufficiency or impairment of the personal faculties of the adult is such as to prevent that adult from looking after their own interests, such as property interests and personal or health interests. In such situations, protection should still be provided with full respect for the will and preferences of the adult. Examples of appropriate support of the adult in such situations include inferring the will and preferences of the adult from the adult's social circle, previous declared wishes or other sources o…

Recital 12 a (new): (12a) The extent of an insufficiency or an impairment of the personal faculties of the adult can change over time. Decisions taken to support and protect the adult should be reviewed at appropriate intervals of time in order to account for changes in the circumstances of the adult and to confirm whether the related measures are still justified.

Change 2

Removed:Recital 16: (16) To ensure a uniform interpretation of this Regulation, this Regulation should define in particular the notions of adults, representatives and authorities, which may have divergent meanings in the Member States legal systems. For the purposes of this Regulation, an adult is a person who has reached the age of 18 years. The term ‘vulnerable adult’ should refer to an adult who, by reason of an impairment or insufficiency of her or his personal faculties, is not in a position to protect her or his interests or requires support and safeguards in the exercise of her or his legal capacity.

Added:Recital 14: deleted

Removed:Corresponding to new definition in Article 3(1)

Added:Recital 16: (16) To ensure a uniform interpretation of this Regulation, this Regulation should define in particular the notions of adults, representatives and courts, which may have divergent meanings in the Member States legal systems. For the purposes of this Regulation, an adult is a person who has reached the age of 18 years. Depending on the context, this should refer for example to adults who, by reason of an impairment or insufficiency of their personal faculties, are not in a position to protect their interests, or adults who granted powers of representation to be exercised when those adults are not in a position to protect their interests or require support and safeguards in decision-making.

Change 3

Changed:Recital 18: (18) For the purposes of this Regulation,Regulation and in orderaccording to ensurethe uniformcase-law applicationof the Court of privateJustice, internationalthe lawterm rules'court' inshould thebe Membergiven States,a thebroad conceptmeaning ofso ‘court’as shouldto bealso interpretedcover administrative authorities, or other authorities, such as notaries, who or which exercise jurisdiction in matters covered by this Regulation, and in line with the term ‘authority’terminology used in the HCCH 2000 Protection of Adults Convention.Convention, the concept of ‘court’ should be interpreted as referring to the judicial or administrative authorities taking measures directed to the protection of the adult. More broadly, a ‘competent authority’ should be interpreted as referring to a court or a public authorityoffice holder of a Member State with responsibilities in matters of protection of adults. This includes authorities taking measures, authorities drawing up authentic acts and authorities issuing attestations, forms or the European Certificate of Representation. It further includes other authorities, or entities acting in an official capacity in matters related to the protection of adults, such as those that are responsible for the supervision or implementation of measures.

Change 4

Removed:Corresponding to the change in definition in Art. 3(6)

Added:Recital 19: (19) The rules on international jurisdiction and on applicable law in respect of the protection of adults should be those set out in the HCCH 2000 Protection of Adults Convention, to avoid discrepancies and ensure, to the extent possible, that the same rules apply to a case involving Member States and third countries that are party to that Convention. Some Member States may not be contracting Parties to the HCCH 2000 Protection of Adults Convention at the time this Regulation will be applicable. To take account of all scenarios and to ensure that this Regulation can be applied regardless of the status of ratification by Member States of the HCCH 2000 Protection of Adults Convention, the HCCH 2000 Protection of Adults Convention should be attached to this Regulation. Similarly, to facilitate the interpretation of the UNCRPD that Convention should be attached to this Regulation as well.

Removed:Recital 22 a (new): (22a) To ensure that vulnerable adults in cross-border situations can effectively exercise their rights and benefit from judicial protection, this Regulation introduces additional support measures that complement the framework for jurisdiction, applicable law, recognition and enforcement, authentic instruments, and cooperation. Those measures aim to facilitate access to justice, enhance procedural efficiency, and ensure continuity of protective arrangements across Member States. Information on available procedural safeguards, remedies and existing support measures should be made available in one single place, in a so-called ‘one-stop shop’, in order to provide easy access to dedicated information free of charge to vulnerable adults and those representing them. It is possible that vulnerable adults in cross-border situations could suffer financial repercussions and harm. Therefore, the information provided through the ‘one-stop shop’ should cover existing support mechanisms, for example information on relevant organisations and associations which provide legal or any other form of relevant assistance or support to vulnerable adults covered by this Regulation.

Added:Recital 21: (21) The establishment of an additional ground of jurisdiction based on the choice of the adult should not disrupt the mechanism established by the HCCH 2000 Protection of Adults Convention, nor affect the effectiveness of communication between courts, and should avoid positive and negative conflicts of jurisdiction. The mechanisms established by Articles 7, 9, 10 and 11 of the HCCH 2000 Protection of Adults Convention giving priority to certain grounds of jurisdiction, limiting the effects of certain measures, and setting up an exchange of information between the courts of the habitual residence and the courts with subsidiary or concurrent jurisdiction, should therefore also apply in the Union to exercised their jurisdiction according to the choice made by the adult. Thus, those provisions should apply in respect of the courts chosen by an adult in the same way as they apply in respect to the courts of the habitual residence.

Change 5

Changed:Recital 2222: b(22) (new):The (22b)courts Vulnerablecontemplating the exercise of their jurisdiction according to the choice made by the adult should not exercise their jurisdiction where the courts having jurisdiction over the substance of the matter or the court where jurisidiction was transferred have already exercised their jurisdiction, in particular where those courts have taken a measure, even if this measure related only to some aspects of protection of the person or property of the adult or have decided that no measure should be taken, or where proceedings are pending before them. Measures concerning adults are to be subject to regular review to remain tailored to the adult's current circumstances. If, after the conclusion of initial proceedings, a new measure needs to be taken or an existing measure requires modification, replacement, or termination, jurisdiction should be verified and re-established again in accordance with the applicable jurisdictional rules. Adults should have the right to be heard and be meaningfully involved in proceedings affecting their legal status, including where multiple Member States could have jurisdiction. To avoid unnecessary difficulties, competent authoritiescourts should provide for the possibility of remote participation and ensure that vulnerable adults are informed about the jurisdictional criteria that apply to them. Where necessary, temporary cross-border protection measures should be available to prevent legal uncertainty while jurisdiction is being determined.

Change 6

Removed:Recital 22 c (new): (22c) Regarding applicable law, vulnerable adults often face difficulties in understanding the legal implications of protection measures taken in different Member States. To address that problem, multilingual guidance tools should provide information in a language that the vulnerable adult is expected to understand. Legal information services should be made available to explain the relevant legal frameworks, particularly in cases where a vulnerable adult has relied on advance planning instruments or other legal arrangements that necessitate cross-border recognition.

Added:Recital 22 a (new): (22a) To ensure that adults in cross-border situations can effectively exercise their rights and benefit from judicial protection, this Regulation introduces additional support measures that complement the framework for jurisdiction, applicable law, recognition and enforcement, authentic instruments, and cooperation. Those measures aim to facilitate access to justice, enhance procedural efficiency, and ensure continuity of protective arrangements across Member States. Information on available procedural safeguards, remedies and existing support measures should be made available in one single place, in a so-called ‘one-stop shop’, in order to provide easy access to dedicated information free of charge to adults and those representing them. It is possible that adults in cross-border situations could suffer financial repercussions and harm. Therefore, the information provided through the ‘one-stop shop’ should cover existing support mechanisms, for example information on relevant organisations and associations which provide legal or any other form of relevant assistance or support to adults covered by this Regulation. In accordance with national procedural law, courts will ensure that the adult has access to appropriate legal support such as free assistance as regards the determination of jurisdiction, including guidance on the most appropriate forum in the event that jurisdiction is considered in multiple Member States. Where appropriate, accessible videoconferencing or other d…

Removed:Recital 22 d (new): (22d) To reinforce cross-border cooperation, this Regulation provides for the creation of a network of cross-border liaison judges specialising in the protection of vulnerable adults, ensuring effective coordination between judicial and administrative authorities. Additionally, online cooperation platforms should be developed to allow professionals assisting vulnerable adults, such as legal practitioners, to exchange necessary information securely.

Added:Recital 22 b (new): (22b) Regarding applicable law, adults often face difficulties in understanding the legal implications of protection measures taken in different Member States. To address that problem, multilingual guidance tools should provide information free of charge in a language that the adult is expected to understand. Legal information should be made available to explain the relevant legal frameworks, particularly in cases where an adult has relied on advance planning instruments or other legal arrangements that necessitate cross-border recognition. Courts and competent authorities shall ensure adults have easy access to information on available procedural safeguards and remedies and existing support measures, such as legal aid and financial and psychological support, notably through measures for better accessibility of the digital public services. This information should include any available information on awareness-raising campaigns, where appropriate in cooperation with relevant civil society organisations and other stakeholders. To reinforce cross-border cooperation, this Regulation provides for the possibility to create multilingual guidance tools, in particular trough the use of the e-Justice Portal or the European Judicial Network, in order to inform adults and their representatives about the applicable law, ensuring they understand the legal consequences of protection measures in different Member States and dedicated legal information services for adults to understand how to …

Removed:Recital 22 e (new): (22e) Given the increasing role of artificial intelligence (AI) in legal and administrative processes, this Regulation provides for the responsible use of AI-assisted tools to support vulnerable adults in cross-border situations. AI-powered legal guidance services could provide accessible explanations of jurisdiction, applicable law, and recognition procedures, while automated case tracking tools could allow vulnerable adults and their representatives to monitor the progress of their cases across multiple jurisdictions. AI-driven risk detection systems could also help identify inconsistencies in protective measures, contributing to better coordination between Member States.

Added:Recital 24: (24) Mutual trust in the administration of justice in the Union justifies the principle that measures directed to the protection of adults given in a Member State should be recognised in all Member States without any special procedure being required. This should not preclude any interested person from invoking a measure either as an incidental question before a court or by applying for a decision that there are or that there are no grounds for refusal of recognition. It should be for the national law of the Member State where such application is made to determine who should be considered as an interested person entitled to make such application. To safeguard the right of the adults to access to justice and provide them with sufficient remedies, and irrespective of the nature and the extent of the measure, adults should have the right to apply for a decision that there are or that there are no grounds for refusal.

Removed:Recital 22 f (new): (22f) The support measures provided for in this Regulation should complement and strengthen the judicial cooperation framework established by this Regulation, ensuring that vulnerable adults receive practical assistance while safeguarding their autonomy, dignity, and fundamental rights.

Added:Recital 25: (25) The recognition and enforcement of measures should be based on the principle of mutual trust. Therefore, the grounds for non-recognition should be kept to the minimum in the light of the underlying aim of this Regulation which is to facilitate recognition and enforcement of measures and the circulation of powers of representation and to effectively safeguard the rights of the adults, in particular with the rights and principles enshrined in the UNCRPD, particularly those relating to respect for autonomy, dignity, and legal capacity. In particular, the jurisdiction of the courts of the Member State of origin should not be reviewed.

Removed:Recital 30: (30) To facilitate the circulation of measures and authentic instruments in the Union, it is necessary to provide for attestations to accompany them where they need to be recognised, enforced, or, as the case may be, accepted abroad. The procedures for rectifying, withdrawing and challenging attestations used for the recognition and enforcement of measures and the acceptance of authentic instruments should be left to national law. In light of the case-law of the Court of Justice, authorities exercise judicial functions when issuing the attestations and the issuance of attestations forms part of the continuity of the previous judicial proceedings. Therefore, adequate and effective remedies in the context of this issuance should be made available by Member States.

Added:Recital 27: (27) Proceedings directed to the protection of an adult should, as a basic principle, be guided by the views expressed by the adult. Adults should thus be given an effective and genuine opportunity to express their views freely in accordance with Articles 20, 25, 26, and 47 of the Charter and Articles 3, 9, 12, 13 and 19 of the UNCRPD. The opportunity for the adult to express their views should be given, including through the opportunity to participate by means of technical equipment, remotely, except in cases of urgency, including cases where the adult is absolutely unable to express their views. A measure taken without the adult having had an opportunity to be heard, apart from the exceptional circumstances of urgency and the demonstrated incapacity to express themselves, may not be recognised. The fact that the adult has had an opportunity to be heard should be assessed uniformly in the Union, and should not be assessed against the fundamental procedural principles of the Member State where recognition is sought. An example of a case of urgency is a situation where the adult needs to undergo urgent surgery and is not, because of their medical condition, in a position to express their views.

Removed:Recital 33: (33) According to Article 19 of the UNCRPD, persons with disabilities are to have the opportunity to choose their place of residence and where and with whom they live, on an equal basis as others, and not to be obliged to live in a particular living arrangement. For the purposes of this Regulation, situations may arise where the authorities of a Member State need to take a measure concerning the place of residence or temporary placement of an adult. Examples of such situations are cases where authorities provide assistance to the adult in making a decision on his or her place of residence or where an adult is not in a position to express his or her views and has not granted powers to make a decision concerning his or her place of residence to a representative, and an admission to a care facility is required. In line with Article 19 of the CRPD, the courts of a Member State should always seek the consent of the vulnerable adult where a decision concerning the place of residence or temporary placement of that vulnerable adult is contemplated. Where such placement is to be implemented in another Member State, a consultation procedure for obtaining consent of the Central Authority of the Member State of implementation should be carried out prior to taking that measure. The request for consent made by the authority of origin should include the reasons for the proposed measure, and the views expressed by the adult concerned where possible, in light of Article 19 of the UNCRPD. The …

Added:Recital 28: (28) The question of the procedure and the method of the hearing of the adult should be left to national law, with due respect for the rights of adults to accessibility. When a hearing is required in a cross-border context, Member States authorities should use the specific instruments of international judicial cooperation, including, where appropriate, those provided for by Regulation (EU) 2020/178312 and Regulation (EU) 2023/284412a. Thisshould be without prejudice to the right of the adult concerned to be present in the room and protect their best interest in that case and the court should take into account the specific needs of persons with disabilities. / 12a Regulation (EU) 2023/2844 of the European Parliament and of the Council of 13 December 2023 on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation

Removed:Recital 35: (35) Representatives of vulnerable adults should be able to invoke their powers to support those adults in exercising their legal capacity or represent those adults and to protect the interests of those adults without obstacles within the Union. Therefore, representatives should be able to demonstrate easily their status and powers in another Member State, for instance in a Member State in which adult’s real property or other assets are located. To enable them to do so, a European Certificate of Support and Representation (‘the Certificate’) should be created. That Certificate should be a uniform certificate to be issued for use in another Member State. In order to respect the principle of subsidiarity, the Certificate should not take the place of internal documents, which may exist for similar purposes in the Member States.

Added:Recital 29: (29) In order to take account of the different systems for dealing with the protection of adults in Member States, authentic instruments directed to the protection of adults and their interests should be recognised in all Member States. An authentic instrument directed to the protection of an adult or his or her interests drawn up by a court of a Member State may in particular record powers of representation granted by an adult for a time when that adult will not be in a position to protect his or her interests, or advance directives recording wishes and preferences of the adult or giving direct instructions in some matters including health, welfare or appointment of a representative by an authority. Those authentic instruments should have the same evidentiary effects in another Member State as they have in the Member State of origin, or the most comparable effects. When determining the evidentiary effects of a given authentic instrument in another Member State or the most comparable effects, reference should be made to the nature and the scope of the evidentiary effects of the authentic instrument in the law of the Member State of origin.

Removed:Recital 36: (36) The Certificate can be requested by the vulnerable adult or the vulnerable adult's representative on the basis of an existing measure or confirmed powers of representation (the ‘source measure’ and ‘source confirmed powers of representation’). It should thus only be issued in situations where a vulnerable adult is being supported in her or his decision-making or where a vulnerable adult is effectively not in a position to protect his or her interests and the representative is entitled to actively represent that adult in one or more specific matters. The Certificate should include information on the extent of the powers which the representative is entitled to exercise on behalf of an adult and, where relevant, on the matters where the representative is not entitled to act or is entitled to act under certain conditions.

Added:Recital 30: (30) To facilitate the circulation of measures and authentic instruments in the Union, it is necessary to provide for attestations to accompany them where they need to be recognised, enforced, or, as the case may be, accepted abroad. The procedures for rectifying, withdrawing and challenging attestations used for the recognition and enforcement of measures and the acceptance of authentic instruments should be left to national law. In light of the case-law of the Court of Justice courts exercise judicial functions when issuing the attestations and the issuance of attestation forms part of the continuity of the previous judicial proceedings. Therefore, adequate and effective remedies in the context of this issuance should be made available by Member States.

Removed:Recital 37: (37) The use of the Certificate should not be mandatory. This means that a representative of a vulnerable adult entitled to apply for a Certificate should be under no obligation to do so but should be free to use national documents or other instruments available under this Regulation (a measure or an authentic instrument) when invoking his or her powers in another Member State. Persons acting on their own behalf should not be required to present a Certificate, but should have the possibility of choosing when the Certificate should be used by a representative. It should be possible, however, for the Certificate to be used by representatives who need to demonstrate their powers to act in support or on behalf of a vulnerable adult.

Added:Recital 31: (31) Central Authorities should be designated in all Member States. Central Authorities should in particular assist competent authorities in cross-border proceedings, and cooperate both in general matters and in specific cases. In individual cases, the cooperation should not be limited to a specific part of the judicial or administrative procedure, and should be initiated and continued where a cross-border element exists and there is a need for cooperation. This should be the case, for example, where the receiving Member State considers that alternative measures, consistent with the will, preferences, and autonomy of the adult concerned in line with the UNCRPD, could be applied, thereby prompting a consultation with the Member State of origin on the best legal and practical means to ensure respect for the adult’s rights and supported decision-making needs in that particular cross border case.

Removed:Recital 54 a (new): (54a) In cases where a disclosure or confirmation of the relevant information could jeopardise the health, safety or liberty of the adult or another person, for example where the vulnerable adult or his or her representative have been the victims of domestic violence and a court has ordered the new address of the adult not to be disclosed to the applicant, this Regulation should aim to ensure a delicate balance is struck. While this Regulation should provide that a Central Authority, court or competent authority should not disclose or confirm to the applicant or to a third party any information gathered or transmitted for the purposes of this Regulation, where it determines that to do so could jeopardise the health, safety or liberty of the adult or another person, it nonetheless provides that that should not impede the gathering and transmitting of information by and between Central Authorities, courts and competent authorities in so far as necessary to carry out the obligations laid down in this Regulation. This means that, where possible and appropriate, it should be possible for an application to be processed under this Regulation without the applicant being provided with all information necessary to process it. For example, where national law so provides, a Central Authority should be able to institute proceedings on behalf of an applicant without passing on the information about the adult's whereabouts to the applicant. However, in cases where merely making the request …