Entrada em vigor
Her Britannic Majesty’s Embassy presents its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and has the honour to refer to the instrument of accession (the “Instrument of Accession”) which it has today deposited to achieve the accession of the United Kingdom of Great Britain and Northern Ireland (the “United Kingdom”) to the Hague Convention of 30 June 2005 on Choice of Court Agreements (the “2005 Hague Convention”).
In accordance with Article 30 of the 2005 Hague Convention, the United Kingdom became bound by the Convention on 1 October 2015 by virtue of its membership of the European Union, which approved the Convention on that date.
The Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (the “Withdrawal Agreement”) entered into force on 1 February 2020. The Withdrawal Agreement includes provisions for a transition period, which started on 1 February 2020 and will end on 31 December 2020 (the “transition period”). In accordance with the Withdrawal Agreement, during the transition period, European Union law, including the 2005 Hague Convention, continues to be applicable to and in the United Kingdom and the United Kingdom is treated as a Member State for the purposes of international agreements concluded by the European Union, including the 2005 Hague Convention.
With the intention of ensuring continuity of application of the 2005 Hague Convention, the United Kingdom has submitted the Instrument of Accession in accordance with Article 27(4) of the 2005 Hague Convention. Whilst acknowledging that the Instrument of Accession takes effect at 00:00 CET on 1 January 2021, the United Kingdom considers that the 2005 Hague Convention entered into force for the United Kingdom on 1 October 2015 and that the United Kingdom is a Contracting State without interruption from that date.
Her Britannic Majesty’s Embassy has further the honour to refer to an instrument deposited on 31 July 2019, declaring that its accession to the 2005 Hague Convention would be also in respect of Gibraltar, and that this accession in respect of Gibraltar would be subject to declarations accompanying. The United Kingdom considers that this accession in respect of Gibraltar, and the accompanying declarations, were withdrawn by operation of the instrument deposited by the United Kingdom on 31 January 2020. The United Kingdom is, however, now acceding to the Convention also in respect of Gibraltar and so the declarations now accompanying the present Instrument of Accession apply also to Gibraltar, as specified. The United Kingdom intends to make further declarations with respect to Gibraltar in due course.
Her Britannic Majesty’s Embassy avails itself of the opportunity to renew to the Ministry of Foreign Affairs of the Kingdom of the Netherlands the assurances of its highest consideration.