23 Amendments of Tadeusz ZWIEFKA related to 2008/0266(CNS)
Amendment 16 #
Proposal for a regulation
Title
Title
Proposal for a Council Regulation of […] establishing a procedure for the negotiation and conclusion of bilateral agreements between Member States and third countries concerning sectoral matters and covering jurisdiction, recognition and enforcement of judgments and decisions in matrimonial matters, matters of parental responsibility and matters relating to maintenance obligations, and applicable law in matters relating to maintenance obligations
Amendment 17 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The mechanism in question should also cover closed regional agreements between a limited number of Member States, that is, two or three, and one or more third countries.
Amendment 18 #
Proposal for a regulation
Recital 14
Recital 14
Amendment 19 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to bilateral agreements between Member States and third countries concerning sectoral matters and covand closed regional agreements concerning matters falling, entirely or partly, within the scope of Regulation (EC) No 2201/20031 and Regulation (EC) No 4/20092. 1 Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction, and the recognition and enforcement of judgements and decisions in matrimonial matters, and the matters of parental responsibility and maintenance obligations and applicable law, repealing Regulation (EC) No 1347/2001, OJ L 338, 23.12.2003. 2 Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, OJ L 7, 10.1.2009.
Amendment 20 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. For the purposes of this Regulation, the term “agreement” shall be understood as meaning bilatermean: (a) a bilateral agreement between a Member State and a third country; or (b) a closed regional agreement between a limited number of Member States and a third countryies bordering the European Union.
Amendment 21 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. For the purposes of this Regulation, “Member State” shall mean any Member State other thanwith the exception of Denmark.
Amendment 22 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The notification shall include, as appropriate, a copy of the existing agreement, the draft agreement or the draft proposal by the third country concerned, if available, and any other relevant documentation. The Member State shall describe the osubjectives matter of the negotiations and shall specify the issues which are to be addressed in the envisaged agreement, or the provisions of the existing agreement which are to be amended, and shall. The Member State may provide any other relevantadditional information.
Amendment 23 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The notificatCommission shall be made at least three months before formal negotimake the notification and, if necessary, the accompanying documentations, are scheduvailabled to commence with the third country concernedthe European Parliament and the Council, subject to any requirements of confidentiality.
Amendment 24 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Upon receipt of the notification, the Commission shall make an assessment as toassess whether the Member State can pursue negotiations with the third country concerned. If the Community has already concluded any agreement with the third country concerned on the same subject matters, the application of the Member State will be automatically rejected by the Commissionmay commence negotiations.
Amendment 25 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Amendment 26 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. If the Community has not yet concluded an agreement with the third country or third countries concerned, the Commission shall, in making its assessment, first check whether any relevant Community agreement with the third country or third countries concerned is exspected in the near futureifically envisaged in the following two years. If this is not the case, the Commission may grant authorisation, provided thatshall verify that all of the following two conditions are met: (a) the Member State concerned has demonstrsubstantiated that there iit has a specific interest in concluding the bilateral sectoral agreement with the third country, related in particular to the existence ofagreement owing to economic, geographic, cultural or, historical or social ties between the Member State and thate third country; and (b) the Commission determines that the proposed agreement is of limited impact on the uniform and consistent application of the Community rules in place and on the proper functioning of the system established by those rules or countries concerned and that there is no present Community interest in concluding the agreement; (b) on the basis of an objective evaluation of the information transmitted by the Member State and all the relevant documentation and considerations, the envisaged agreement would not render Community law ineffective and would not undermine the proper functioning of the system established by its rules; (c) the envisaged agreement would not harm the object and purpose of the Community’s external relations policy; (d) in the case of a closed regional agreement, there is no possibility of the Community’s concluding an agreement within a reasonable time.
Amendment 27 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. If the information transmitted by the Member State is not sufficient for the purposes of making the assessment, the Commission may request additional information.
Amendment 28 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. If the Commission concludes that there are no obstacles to the agreement in the light of the conditions referred toset out in Article 4, it may are satisfied, the Commission shall authorise athe Member State to open negotiations on the agreement with the third country or third countries concerned. If necessary, the Commission may propose negotiating guidelines and canmay request the inclusion of particular clauses in the proposenvisaged agreement.
Amendment 29 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
The agreement shall contain a clause provideing for the clause on its denunciation in the event that the Community concludes an agreement withfull or partial denunciation of the agreement in the event of a subsequent agreement between the Community or the Community and its Member States and the same third country or third countries on the same subject matter. The agreement shall includeat clause shall be worded taking into account the following clauseguidelines: “(the name of the Member State) wishall denounce theis agreement when the European Communityin part or in full if and when the Community or the Community and its Member States concludes an agreement with (the name of the third country or third countries) on the same subject matters of civil justice as those governed by the presentis agreement”.
Amendment 30 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
Amendment 32 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 2
Article 5 – paragraph 3 – subparagraph 2
The Commission shall give its reasoned decision on the application of the Member State within sixthree months of receipt of the notification referred to in Article 3, or of additional information if requested in accordance with Article 4(3). This period may be extended once by a period of thirty days at the Commission’s request.
Amendment 33 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Before initialling thesigning the negotiated agreement, the Member State concerned shall notify the Commission of the outcome of the negotiations and shallto the Commission and transmit the text of the agreement to the Commission.
Amendment 34 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Upon receipt of this notification the Commission shall make an assessment as toassess whether the negotiated agreement complies with its initial assessment. In making this further assessment the Commission mustshall examine whether the proposnegotiated agreement includes the requirements made by the Commissionsatisfies the conditions set out in Article 4, in particular as regards the inclusion of clauses referred to in Article 5(1) and whether the conclusion of the proposed agreement would render the Community law ineffective and would undermine the proper functioning of the system established by its rules.
Amendment 35 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1
Article 7 – paragraph 5 – subparagraph 1
Amendment 37 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2
Article 7 – paragraph 5 – subparagraph 2
The Commission shall give its reasoned decision on the application of the Member State within sixthree months of receipt of the notification referred to in paragraph 1.
Amendment 38 #
Proposal for a regulation
Article 8
Article 8
Amendment 40 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8a Confidentiality 1. In notifying the Commission of negotiations and their outcome as envisaged in Articles 3, 4(3) and 7, Member States shall clearly inform the Commission if any information therein is to be considered confidential and whether it can be shared with other Member States. 2. The Commission and Member States shall ensure that any information identified as confidential is treated according to Article 4(1)(a) of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents1. 1 OJ L 145, 31.5.2001, p. 43.
Amendment 41 #
Proposal for a regulation
Article 10
Article 10
No later than the 1st1 January 2014 the Commission shall present to the European Parliament, the Council and the European Economic and Social Committee a report on application of this Regulation, whichin particular on the possible extension of its scope. The report shall contain a positive recommendation either to abrogate this Regulation or to maintain it in force for a further period of five years or less. It may be accompanied by an appropriate legislative proposal.