{"change_dates":[],"dossier":{"amendments":[{"authors":"Angel Dzhambazki","changes":{},"committee":["JURI"],"date":"2014-12-08T00:00:00","id":"PE544.323-1","justification":"The Member States need more time to adopt the declaration of acceptance.","location":[["Proposal for a decision","Article 1 - introductory part"]],"meps":[124873],"meta":{"created":"2019-07-03T06:54:26"},"new":["The Member States of the European Union","shall deposit simultaneously, and no later","than [ADD DATE: Four months from the","adoption], a declaration of acceptance of","the accession of Gabon to the Hague","Convention of 25 October 1980 on the","Civil Aspects of International Child","Abduction in the interest of the European","Union as follows:"],"old":["The Member States of the European Union","shall deposit simultaneously, and no later","than [ADD DATE: Two months from the","adoption] a declaration of acceptance of","the accession of Gabon to the Hague","Convention of 25 October 1980 on the","Civil Aspects of International Child","Abduction in the interest of the European","Union as follows:"],"orig_lang":"bg","peid":"PE544.323v01-00","reference":"2011/0441(NLE)","seq":"1","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-544323_EN.pdf"}],"changes":{"2014-11-09T23:43:30":[{"data":[{"body":"EC","commission":[{"Commissioner":"REDING Viviane","DG":{"title":"Justice","url":"http://ec.europa.eu/justice/"}}],"date":"2011-12-21T00:00:00","docs":[{"celexid":"CELEX:52011PC0904:EN","text":["
PURPOSE: to adopt, in the interest of the EU, a\ndeclaration of acceptance by the Member States of the accession of\nGabon to the 1980 Hague Convention on the Civil Aspects of\nInternational Child Abduction.
\nPROPOSED ACT: Council Decision.
\nBACKGROUND: the aim of the Hague Convention of 25\nOctober 1980 on the Civil Aspects of International Child Abduction,\nto date ratified by 86 countries, including all EU Member States,\nis to restore the status quo by mean of the prompt return of\nwrongfully removed or retained children through a system of\ncooperation among central authorities appointed by its Contracting\nParties.
\nAs the prevention of child abduction is an essential\npart of the EU policy to promote the rights of the child, the\nEuropean Union is active at international level to improve the\napplication of the 1980 Convention and encourages third States to\naccede it.
\nGabon deposited the accession instrument to the 1980\nConvention on 6 December 2010. The Convention entered into force in\nGabon on 1 March 2011.
\nArticle 38(4) of the 1980 Convention stipulates that\nthe Convention applies between the acceding country and such\nContracting States as will have declared their acceptance of the\naccession. Therefore, the EU has to decide whether to accept the\naccession of Gabon, and if so, Member States must make the\ndeclaration of acceptance concerning Gabon's accession in the\ninterest of the European Union.
\nThis is the purpose of the proposal.
\nThe decision whether the Member States should accept\nGabon's accession to the 1980 Convention has to be taken by means\nof a Council Decision, adopted unanimously after consulting the\nEuropean Parliament.
\nIMPACT ASSESSMENT: no impact assessment has been\nundertaken.
\nLEGAL BASIS: Article 218 and 81(3) TFEU.
\nCONTENT: the Commission proposes that Member States\ndeposit simultaneously, and no later than two months from the date\nof adoption, a declaration of acceptance of the accession of Gabon\nto the Hague Convention of 25 October 1980 on the Civil\nAspects of International Child Abduction in the interest of the\nEuropean Union.
\nExclusive external competence of the\nEU: in accordance with the\njurisprudence of the Court of Justice, the matter of international\nchild abduction falls into the exclusive external competence of the\nEU, because of the adoption of internal Union legislation by means\nof Council Regulation (EC) No 2201/2003 of concerning jurisdiction\nand the recognition and enforcement of judgments in matrimonial\nmatters and the matters of parental responsibility (the Brussels\nIIa Regulation), which applies between Member States from 1 March\n2005. The Regulation introduces even stricter rules than the 1980\nHague Convention on parental child abduction, particularly in\nArticle 11 of the Regulation. It refers directly to the Hague\nConvention and upholds its principles in European Union\nlaw.
\nSimultaneous adoption:\nthe 1980 Convention was adopted more than 20 years before the\nBrussels IIa Regulation and thus does not contain any provision\nallowing the accession of International Organisations like the\nEuropean Union. Member States have to ratify or accede to the\nConvention in the interest of the European Union.
\nTherefore, the Member States should declare, in the\ninterest of the European Union, the acceptance regarding Gabon's\naccession to the 1980 Hague Convention. For the sake of coherence\nand uniformity of Union law, this declaration of acceptance should\nbe made simultaneously by the Member States within a time frame\nestablished by the Council Decision. The Commission proposes no\nlater than 2 months after the adoption of the Council\nDecision.
\nCentral authority: it is\ncrucial for the practical application of the 1980 Convention that a\nContracting Party designates a Central Authority to discharge the\nduties which are imposed by the Convention upon such authorities.\nAll Member States have designated Central Authorities under the\n1980 Convention. To date, Gabon has not yet designated the Central\nAuthority that is needed to assist the European citizens in cases\nof wrongful removal of children to Gabon. Therefore, it is\ndesirable that the declaration of acceptance of the accession of\nGabon to the 1980 Convention takes effect upon the designation\nof the Central Authority by Gabon.
\nTerritorial provisions:\nin accordance with Articles 1 and 2 of the Protocol on the position\nof Denmark, Denmark is not taking part in the adoption of this\nDecision and is not bound by it or subject to its\napplication.
\nBUDGETARY IMPLICATIONS: the proposal has no\nimplication for the European Union budget.
\nThe Committee on Legal Affairs adopted the report by\nHeidi HAUTALA (Greens/EFA, FI) on the proposal for a Council\ndecision on the declaration of acceptance by the Member States, in\nthe interest of the European Union, of the accession of Gabon to\nthe 1980 Hague Convention on the Civil Aspects of International\nChild Abduction.
\nThe Convention introduces a system of cooperation\nbetween the contracting states aimed at settling cases of\ninternational child abduction.
\nIn the case of divorce, it may often be that the\ncourts in both of the states concerned declare themselves\ncompetent, with each of them awarding custody of the child to the\nparent who is a national of their state.
\nThe purpose of the Convention is to resolve such\nsituations at an international level, by establishing that the\ncompetent courts and applicable laws are those of the state of\nresidence of the child. The Convention also introduces a system\nwhich ensures the immediate return of children who have been\nabducted.
\nThe EU now has exclusive external competence in this\nfield as confirmed by the Court of Justice in Opinion 1/13. The\nMember States therefore no longer act on their own\naccount.
\nThe problem is that the Convention does not provide\nfor autonomous action by international organisations. This has\nrendered necessary a Council Decision calling on Member States to\naccept each in respect of their own territory the\naccession of Gabon to the Convention, and hence the effective entry\ninto force of the Convention in cases involving the EU and that\ncountry (many EU citizens are of Gabonese origin). Children with\nlinks to the Gabonese community will thus be safeguarded against\nabduction.
\nTherefore, the committee recommended that the European\nParliament approve the proposed Council Decision and approve the\nacceptance of the accession of Gabon.
\nThe European Parliament adopted by 657 votes to 47,\nwith 2 abstentions, a legislative resolution on the proposal for a\nCouncil decision on the declaration of acceptance by the Member\nStates, in the interest of the European Union, of the accession of\nGabon to the 1980 Hague Convention on the Civil Aspects of\nInternational Child Abduction.
\nParliament approved the proposal for a Council\ndecision and the acceptance of the accession.
\nPURPOSE: to adopt, in the interest of the EU, a\ndeclaration of acceptance by the Member States of the accession of\nGabon to the 1980 Hague Convention on the Civil Aspects of\nInternational Child Abduction.
\nPROPOSED ACT: Council Decision.
\nBACKGROUND: the aim of the Hague Convention of 25\nOctober 1980 on the Civil Aspects of International Child Abduction,\nto date ratified by 86 countries, including all EU Member States,\nis to restore the status quo by mean of the prompt return of\nwrongfully removed or retained children through a system of\ncooperation among central authorities appointed by its Contracting\nParties.
\nAs the prevention of child abduction is an essential\npart of the EU policy to promote the rights of the child, the\nEuropean Union is active at international level to improve the\napplication of the 1980 Convention and encourages third States to\naccede it.
\nGabon deposited the accession instrument to the 1980\nConvention on 6 December 2010. The Convention entered into force in\nGabon on 1 March 2011.
\nArticle 38(4) of the 1980 Convention stipulates that\nthe Convention applies between the acceding country and such\nContracting States as will have declared their acceptance of the\naccession. Therefore, the EU has to decide whether to accept the\naccession of Gabon, and if so, Member States must make the\ndeclaration of acceptance concerning Gabon's accession in the\ninterest of the European Union.
\nThis is the purpose of the proposal.
\nThe decision whether the Member States should accept\nGabon's accession to the 1980 Convention has to be taken by means\nof a Council Decision, adopted unanimously after consulting the\nEuropean Parliament.
\nIMPACT ASSESSMENT: no impact assessment has been\nundertaken.
\nLEGAL BASIS: Article 218 and 81(3) TFEU.
\nCONTENT: the Commission proposes that Member States\ndeposit simultaneously, and no later than two months from the date\nof adoption, a declaration of acceptance of the accession of Gabon\nto the Hague Convention of 25 October 1980 on the Civil\nAspects of International Child Abduction in the interest of the\nEuropean Union.
\nExclusive external competence of the\nEU: in accordance with the\njurisprudence of the Court of Justice, the matter of international\nchild abduction falls into the exclusive external competence of the\nEU, because of the adoption of internal Union legislation by means\nof Council Regulation (EC) No 2201/2003 of concerning jurisdiction\nand the recognition and enforcement of judgments in matrimonial\nmatters and the matters of parental responsibility (the Brussels\nIIa Regulation), which applies between Member States from 1 March\n2005. The Regulation introduces even stricter rules than the 1980\nHague Convention on parental child abduction, particularly in\nArticle 11 of the Regulation. It refers directly to the Hague\nConvention and upholds its principles in European Union\nlaw.
\nSimultaneous adoption:\nthe 1980 Convention was adopted more than 20 years before the\nBrussels IIa Regulation and thus does not contain any provision\nallowing the accession of International Organisations like the\nEuropean Union. Member States have to ratify or accede to the\nConvention in the interest of the European Union.
\nTherefore, the Member States should declare, in the\ninterest of the European Union, the acceptance regarding Gabon's\naccession to the 1980 Hague Convention. For the sake of coherence\nand uniformity of Union law, this declaration of acceptance should\nbe made simultaneously by the Member States within a time frame\nestablished by the Council Decision. The Commission proposes no\nlater than 2 months after the adoption of the Council\nDecision.
\nCentral authority: it is\ncrucial for the practical application of the 1980 Convention that a\nContracting Party designates a Central Authority to discharge the\nduties which are imposed by the Convention upon such authorities.\nAll Member States have designated Central Authorities under the\n1980 Convention. To date, Gabon has not yet designated the Central\nAuthority that is needed to assist the European citizens in cases\nof wrongful removal of children to Gabon. Therefore, it is\ndesirable that the declaration of acceptance of the accession of\nGabon to the 1980 Convention takes effect upon the designation\nof the Central Authority by Gabon.
\nTerritorial provisions:\nin accordance with Articles 1 and 2 of the Protocol on the position\nof Denmark, Denmark is not taking part in the adoption of this\nDecision and is not bound by it or subject to its\napplication.
\nBUDGETARY IMPLICATIONS: the proposal has no\nimplication for the European Union budget.
\nThe Committee on Legal Affairs adopted the report by\nHeidi HAUTALA (Greens/EFA, FI) on the proposal for a Council\ndecision on the declaration of acceptance by the Member States, in\nthe interest of the European Union, of the accession of Gabon to\nthe 1980 Hague Convention on the Civil Aspects of International\nChild Abduction.
\nThe Convention introduces a system of cooperation\nbetween the contracting states aimed at settling cases of\ninternational child abduction.
\nIn the case of divorce, it may often be that the\ncourts in both of the states concerned declare themselves\ncompetent, with each of them awarding custody of the child to the\nparent who is a national of their state.
\nThe purpose of the Convention is to resolve such\nsituations at an international level, by establishing that the\ncompetent courts and applicable laws are those of the state of\nresidence of the child. The Convention also introduces a system\nwhich ensures the immediate return of children who have been\nabducted.
\nThe EU now has exclusive external competence in this\nfield as confirmed by the Court of Justice in Opinion 1/13. The\nMember States therefore no longer act on their own\naccount.
\nThe problem is that the Convention does not provide\nfor autonomous action by international organisations. This has\nrendered necessary a Council Decision calling on Member States to\naccept each in respect of their own territory the\naccession of Gabon to the Convention, and hence the effective entry\ninto force of the Convention in cases involving the EU and that\ncountry (many EU citizens are of Gabonese origin). Children with\nlinks to the Gabonese community will thus be safeguarded against\nabduction.
\nTherefore, the committee recommended that the European\nParliament approve the proposed Council Decision and approve the\nacceptance of the accession of Gabon.
\nThe European Parliament adopted by 657 votes to 47,\nwith 2 abstentions, a legislative resolution on the proposal for a\nCouncil decision on the declaration of acceptance by the Member\nStates, in the interest of the European Union, of the accession of\nGabon to the 1980 Hague Convention on the Civil Aspects of\nInternational Child Abduction.
\nParliament approved the proposal for a Council\ndecision and the acceptance of the accession.
\n