Rozhodnutí Rady (EU) 2024/414 ze dne 21. prosince 2023 o podpisu Úmluvy Organizace spojených národů o mezinárodních účincích soudního prodeje lodí, přijaté Valným shromážděním Organizace spojených národů v New Yorku dne 7. prosince 2022, jménem Evropské unie

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 81(2) points (b) and (c), in conjunction with Article 218(5) thereof,

Having regard to the proposal from the European Commission,

The signing on behalf of the Union of the United Nations Convention on the International Effects of Judicial Sales of Ships, adopted by the United Nations General Assembly in New York on 7 December 2022 , is hereby authorised, subject to the conclusion of the said ConventionThe text of the Convention will be published together with the decision on its conclusion. .

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 ).

(1) On 23 May 2022 , the Council authorised the Commission to open negotiations on a convention on the international effects of judicial sales of ships. Those negotiations were successfully concluded by the adoption of the text of the United Nations Convention on the International Effects of Judicial Sales of Ships (the Convention) by the United Nations General Assembly in New York on 7 December 2022 .

(2) The Convention 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 Convention be applied as soon as possible.

(3) The Union is developing judicial cooperation in civil matters with cross-border implications based on the principle of mutual recognition of judgments and of decisions in extrajudicial cases. In that context, the Union legislator has adopted, amongst others, Regulations (EU) No 1215/2012Regulation (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 ). and (EU) 2020/1784Regulation (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 matters (OJ L 405, 2.12.2020, p. 40 ). of the European Parliament and of the Council. The Union therefore has exclusive competence over the matters covered by those Regulations, while the other matters covered by the Convention do not fall under that competence.

(4) Article 18(1) of the Convention provides that Regional Economic Integration Organisations which have competence over certain matters governed by the Convention may sign, accept, approve or accede to that Convention.

(5) Article 18(2) of the Convention provides that the 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. Article 20(1) of the Convention provides that that declaration be made at the time of signature, ratification, acceptance, approval or accession. The Union should consequently make such a declaration at the time of signature of the Convention.

(6) The Convention should be signed on behalf of the Union, subject to its conclusion at a later date, and the attached Declaration should be approved.

(7) 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.

(8) 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.

The Declaration attached to this Decision is hereby approved on behalf of the Union. When signing the Convention, the Union shall make that Declaration, in accordance with Articles 18(2) and 20(1) and (2) of the Convention.

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 matters (OJ L 405, 2.12.2020, p. 40 ).

Article 1 Article 1

Article 2 Article 2

Article 3 Article 3

Article 4 Article 4

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Convention on behalf of the Union.

The text of the Convention will be published together with the decision on its conclusion.

This Decision shall enter into force on the date of its adoption.

HAS ADOPTED THIS DECISION: