Considerations on COM(2023)343 - Signing of the UN Convention on the International Effects of Judicial Sales of Ships, adopted by the UN General Assembly in New York on 7 December 2022 - Main contents
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| dossier | COM(2023)343 - Signing of the UN Convention on the International Effects of Judicial Sales of Ships, adopted by the UN General Assembly in ... |
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| document | COM(2023)343 |
| date | December 21, 2023 |
(2) The United Nations Convention on the International Effects of Judicial Sales of Ships (‘Beijing Convention on the Judicial Sale of Ships’), adopted by United Nations General Assembly in New York on 7 December 2022, strengthens the existing international legal framework on shipping and navigation and makes a useful contribution to the development of harmonious international economic relations. It is therefore desirable that the provisions of this instrument are applied as soon as possible.
(3) The European Union is working towards the establishment of a common judicial area based on the principle of mutual recognition of judicial decisions. In that context, the Union legislator has adopted, amongst others, 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 matters19 and Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters20.
(4) Some of the matters dealt with in the Beijing Convention on the Judicial Sale of Ships affect Regulation (EU) No 1215/2012 and Regulation (EU) 2020/1784. The Union therefore has exclusive competence over these matters, while the other matters dealt with in the Beijing Convention on the Judicial Sale of Ships do not fall under that competence.
(5) Member States should sign the Beijing Convention on Judicial Sale of Ships in order to ensure the full application of the Convention between the Union and third states.
(6) Article 18(1) of the Beijing Convention on Judicial Sale of Ships provides that Regional Economic Integration Organisations which have competence over certain matters governed by the Beijing Convention on judicial sale of ships may sign, accept, approve or accede that Convention.
(7) Article 18(2) of the Beijing Convention on Judicial Sale of Ships provides that, at the time of signature, acceptance, approval or accession, a Regional Economic Integration Organisation is to make a declaration specifying the matters governed by that Convention in respect of which competence has been transferred to that organisation by its Member States. The Union should consequently make such a declaration at the time of signature of the Beijing Convention on Judicial Sale of Ships.
(8) Therefore, the Beijing Convention on Judicial Sale of Ships should be signed on behalf of the Union, subject to its conclusion at a later date and the attached Declaration be approved.
(9) [In accordance with Article 3 of the 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, Ireland has notified its wish to take part in the adoption and application of this Decision.]
OR
[In accordance with Articles 1 and 2 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 to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Decision and is not bound by it or subject to its application.].
(10) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on the European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.