BETA


2013/0177(NLE) Hague Convention 1965 on the service abroad of judicial and extrajudicial documents in civil or commercial matters: ratification by Austria and accession of Malta

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI USPASKICH Viktor (icon: ALDE ALDE) ROZIÈRE Virginie (icon: S&D S&D), DZHAMBAZKI Angel (icon: ECR ECR)
Former Responsible Committee JURI
Committee Opinion LIBE
Former Committee Opinion LIBE
Lead committee dossier:
Legal Basis:
TFEU 218-p6a, TFEU 281-p2

Events

2016/03/22
   Final act published in Official Journal
Details

PURPOSE: to authorise Austria and Malta to accede to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters in the interest of the European Union.

NON-LEGISLATIVE ACT: Council Decision (EU) 2016/414 authorising the Republic of Austria to sign and ratify, and Malta to accede to, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, in the interest of the European Union.

CONTENT: under this Council Decision, the Council, following the European Parliament’s consent, authorised Austria and Malta to accede to the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters in the interest of the European Union.

The Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters establishes a system whereby these documents can be served in another signatory state. It simplifies the methods of transmission of judicial and extrajudicial documents between the Contracting States. It thus facilitates judicial cooperation in cross-border civil and commercial litigation.

The Convention does not allow for participation by regional economic integration organisations such as the Union. As a result, the Union is not in a position to accede to the Convention. Moreover, many countries, including the Member States except Austria and Malta, are parties to the Convention. Austria and Malta have expressed their interest in becoming parties to the Convention. It is in the interest of the Union that all Member States are parties to the Convention.

Austria shall take the necessary steps to deposit its instrument of ratification of the Convention with the Ministry of Foreign Affairs of the Kingdom of the Netherlands within a reasonable time and at the latest by 31 December 2017.

After this Decision takes effect Malta shall notify the Ministry of Foreign Affairs of the Netherlands of the date on which the Convention will become applicable to Malta.

Ireland and the United Kingdom shall participate in the adoption and the application of this Decision while Denmark shall not take part nor shall it be bound by it or subject to its application.

ENTRY INTO FORCE: 23.3.2016.

2016/03/10
   EP/CSL - Act adopted by Council after consultation of Parliament
2016/03/10
   EP - End of procedure in Parliament
2016/03/10
   CSL - Council Meeting
2016/02/25
   EP - Results of vote in Parliament
2016/02/25
   EP - Decision by Parliament
Details

The European Parliament adopted by 566 votes to 14, with 65 abstentions, a legislative resolution on the draft Council decision authorising the Republic of Austria to sign and ratify, and Malta to accede to, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, in the interest of the European Union.

Parliament gave its consent to the draft Council decision.

To recall, the 1965 Hague Convention established a system whereby Judicial and extrajudicial documents in civil or commercial matters can be served in another signatory state.

Documents
2016/02/01
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Legal Affairs adopted the report by Viktor USPASKICH (ALDE, LT) on the draft Council decision authorising the Republic of Austria to sign and ratify, and Malta to accede to, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, in the interest of the European Union.

The committee called on the European Parliament to give its consent to the draft Council decision .

To recall, the Hague Convention of 15 November 1965 establishes a system whereby documents can be served in another signatory state. Of the 28 Member States, 26 are already applying the convention. Austria and Malta, as the two remaining Member States, have indicated their wish to join.

The convention does not allow the accession of international organisations. At the same time, following the adoption of EU legislation on the cross-border service of documents, the EU has acquired exclusive external competence for the issue in accordance with the Treaty on the Functioning of the European Union.

This means that the Union must authorise the Member States in question to act on its behalf in order to accede to the convention.

Malta has already deposited its instrument of accession, but has issued a declaration that its accession will not become effective until this decision has been adopted. Austria is waiting for this decision in order to carry out the accession formalities.

Since the Hague Convention of 15 November 1965 has proven its usefulness in the field of the cross-border service of documents, and it is in the interest both of the Union as a whole and of the two Member States in question to have a single regime for the service of documents in cross-border relations with third countries, it is proposed that Parliament should consent to the proposal for the decision allowing the accession of Austria and Malta to that convention.

Documents
2016/01/28
   EP - Vote in committee
2015/12/17
   EP - Committee referral announced in Parliament
2015/11/24
   CSL - Legislative proposal
Details

PURPOSE: to authorise Austria to sign and ratify, and Malta to accede to, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, in the interest of the European Union.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters simplifies the methods of transmission of judicial and extrajudicial documents between the Contracting States. Thus, it facilitates judicial cooperation in cross-border civil and commercial litigation.

The Convention does not allow for participation by regional economic integration organisations such as the Union. As a result, the Union is not in a position to accede to the Convention. However, many countries, including the Member States except Austria and Malta, are parties to the Convention. The latter two states have expressed their interest in becoming parties. It is in the interest of the Union that all Member States are parties to the Convention. In addition, in the framework of Union external policy in the area of civil justice, the Union promotes accession to, and ratification of, the Convention by third States.

CONTENT: by this draft Decision, the Council authorises Austria to sign and ratify, and Malta to accede to, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, in the interest of the Union.

The Convention indicates the channels of transmission to be used when a judicial or extrajudicial document has to be transmitted from one Contracting State to the Convention to another Contracting State for the service in the latter. The Convention:

simplifies the method of transmission of judicial and extrajudicial documents : the main channel of transmission, in lieu of consular and diplomatic channels, is through a Central Authority, which serves the documents or arranges to have them served. The Convention also provides for several alternative methods of transmission (e.g. postal channels); aims to establish a system which, to extent possible, brings actual notice of the document to be served to the recipient in sufficient time to enable him to defend himself; facilitates proof that the service has been affected abroad, by mean of certificates contained in a uniform model.

Austria shall take the necessary steps to deposit its instrument of ratification within a reasonable time and at the latest by 31 December 2017 . After the Decision takes effect Malta shall notify the Ministry of Foreign Affairs of the Kingdom of the Netherlands of the date on which the Convention will become applicable to Malta.

The United Kingdom and Ireland are bound by Regulation (EC) No 1393/2007 of the European Parliament and of the Council1 and are therefore taking part in the adoption and application of this Decision. On the other hand, Denmark is not taking part in it.

Documents
2015/11/23
   EC - Legislative proposal published
Details

PURPOSE: to authorise Austria to sign and ratify, and Malta to accede to, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, in the interest of the European Union.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters simplifies the methods of transmission of judicial and extrajudicial documents between the Contracting States. Thus, it facilitates judicial cooperation in cross-border civil and commercial litigation.

The Convention does not allow for participation by regional economic integration organisations such as the Union. As a result, the Union is not in a position to accede to the Convention. However, many countries, including the Member States except Austria and Malta, are parties to the Convention. The latter two states have expressed their interest in becoming parties. It is in the interest of the Union that all Member States are parties to the Convention. In addition, in the framework of Union external policy in the area of civil justice, the Union promotes accession to, and ratification of, the Convention by third States.

CONTENT: by this draft Decision, the Council authorises Austria to sign and ratify, and Malta to accede to, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, in the interest of the Union.

The Convention indicates the channels of transmission to be used when a judicial or extrajudicial document has to be transmitted from one Contracting State to the Convention to another Contracting State for the service in the latter. The Convention:

simplifies the method of transmission of judicial and extrajudicial documents : the main channel of transmission, in lieu of consular and diplomatic channels, is through a Central Authority, which serves the documents or arranges to have them served. The Convention also provides for several alternative methods of transmission (e.g. postal channels); aims to establish a system which, to extent possible, brings actual notice of the document to be served to the recipient in sufficient time to enable him to defend himself; facilitates proof that the service has been affected abroad, by mean of certificates contained in a uniform model.

Austria shall take the necessary steps to deposit its instrument of ratification within a reasonable time and at the latest by 31 December 2017 . After the Decision takes effect Malta shall notify the Ministry of Foreign Affairs of the Kingdom of the Netherlands of the date on which the Convention will become applicable to Malta.

The United Kingdom and Ireland are bound by Regulation (EC) No 1393/2007 of the European Parliament and of the Council1 and are therefore taking part in the adoption and application of this Decision. On the other hand, Denmark is not taking part in it.

Documents
2014/11/13
   EP - Committee draft report
Documents
2014/09/03
   EP - USPASKICH Viktor (ALDE) appointed as rapporteur in JURI
2013/06/06
   EP - Preparatory document
Details

PURPOSE: to authorise Austria and Malta to accede to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters in the interest of the European Union.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters seeks to simplify the method of transmission of judicial and extrajudicial documents between the Contracting States. It thus facilitates judicial cooperation in cross-border civil and commercial litigation. The EU in its external relations has been promoting the accession of third countries to the Hague Service Convention. The Hague Service Convention is not open to participation by regional organisations. As a result, the European Union is not in a position to accede to the Convention .

Given that the Hague Service Convention is important for the European Union interests, the Council should authorise the Member States which had not concluded the Hague Service Convention before adoption of the Union measures to accede to the Convention in the interest of the European Union, subject to certain conditions. The Member States to which this decision is addressed are Austria and Malta .

IMPACT ASSESSMENT: no impact assessment was undertaken.

LEGAL BASIS: Article 81(2) and 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: under this proposal for a Council Decision, Austria and Malta would accede to the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters in the interest of the European Union.

Purpose of the Convention: the Convention indicates the channels to be used for the transmission from one Contracting State to another in the event of service abroad of judicial and extrajudicial act. The main channel of transmission, in lieu of consular and diplomatic channels, is through a Central Authority, who shall serve the documents or shall arrange to have them served. The Convention also provides for several other modes of transmission (for example, by post). It seeks to establish a system which, as far as possible, brings actual notice of the document to be served to the recipient in sufficient time to enable him to defend himself.

Lastly, the Convention facilitates proof that the service has been affected abroad, by means of certificates contained in a uniform model.

EU competences: this field falls into the exclusive external competence of the European Union, because of the adoption of internal Union legislation by means of Regulation (EC) No 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters. As a result, Member States cannot sign this Convention without being authorised to do so. 24 Member States were Parties to the Convention before the EU legislation was adopted. Austria and Malta remain to be authorised to accede to the Convention.

The Commission therefore proposes that the Council authorises Austria and Malta to accede to the Convention in the interest of the European Union. The Convention does not contain any provisions allowing the European Union itself to accede to the Convention.

Declarations of the Contracting States: the Convention provides for a possibility for the Contracting States to make declarations with regard to a number of its provisions. The EU Member States, Contracting States to the Convention, entered various declarations. The situation is not uniform, however. Against this backdrop, it is not reasonable to require the Member States concerned to make uniform declaration(s), if any. In conclusion, Austria and Malta should, when acceding to the Convention, make all appropriate declarations allowed under its provisions that they deem necessary. The text of such declarations should be attached to the Council decision.

Entry into force: Austria and Malta will take the necessary measures to deposit their instruments of accession before 31 December 2014 .

BUDGETARY IMPLICATION: the proposal has no implications for the European Union’s budget.

Documents

Activities

Votes

A8-0018/2016 - Viktor Uspaskich - Approbation #

2016/02/25 Outcome: +: 566, 0: 65, -: 14
DE IT FR ES RO PL NL PT HU CZ BE BG AT EL GB SE HR DK FI IE SK LT SI LV MT LU EE CY
Total
81
65
63
46
30
44
26
20
18
19
17
16
17
17
52
17
11
13
12
9
10
9
7
7
6
5
4
4
icon: PPE PPE
187

Denmark PPE

For (1)

1
3

Lithuania PPE

1

Luxembourg PPE

3

Estonia PPE

For (1)

1

Cyprus PPE

1
icon: S&D S&D
162

Netherlands S&D

3

Croatia S&D

2

Ireland S&D

For (1)

1

Slovakia S&D

2

Latvia S&D

1

Malta S&D

3

Luxembourg S&D

For (1)

1

Cyprus S&D

1
icon: ALDE ALDE
65

Germany ALDE

2

Romania ALDE

3

Austria ALDE

For (1)

1

United Kingdom ALDE

1

Croatia ALDE

2

Denmark ALDE

3
3

Ireland ALDE

For (1)

1

Slovenia ALDE

For (1)

1

Latvia ALDE

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

3
icon: GUE/NGL GUE/NGL
47

Netherlands GUE/NGL

3

Sweden GUE/NGL

For (1)

1

Denmark GUE/NGL

For (1)

1

Finland GUE/NGL

For (1)

1

Cyprus GUE/NGL

2
icon: Verts/ALE Verts/ALE
44

Netherlands Verts/ALE

2

Hungary Verts/ALE

2

Belgium Verts/ALE

2

Austria Verts/ALE

3

Sweden Verts/ALE

3

Croatia Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Latvia Verts/ALE

1
icon: ENF ENF
31

Romania ENF

1

Netherlands ENF

4

Austria ENF

For (1)

3

United Kingdom ENF

For (1)

1
icon: ECR ECR
65

Italy ECR

2

Romania ECR

For (1)

1

Netherlands ECR

2

Czechia ECR

1

Bulgaria ECR

For (1)

Abstain (1)

2

Greece ECR

Abstain (1)

1

Croatia ECR

Abstain (1)

1

Finland ECR

2

Slovakia ECR

Abstain (1)

3

Lithuania ECR

Abstain (1)

1

Latvia ECR

Abstain (1)

1
icon: NI NI
13

Germany NI

2

France NI

Abstain (1)

3

Poland NI

Abstain (1)

1

Hungary NI

2

United Kingdom NI

Abstain (1)

1
icon: EFDD EFDD
31

Czechia EFDD

Against (1)

1

Sweden EFDD

2

History

(these mark the time of scraping, not the official date of the change)

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docs
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date
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New
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activities
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  • date: 2014-11-13T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE541.497 title: PE541.497 type: Committee draft report body: EP
events
  • date: 2013-06-06T00:00:00 type: Initial legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0338/COM_COM(2013)0338_EN.pdf title: COM(2013)0338 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=338 title: EUR-Lex summary: PURPOSE: to authorise Austria and Malta to accede to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters in the interest of the European Union. PROPOSED ACT: Council Decision. ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. BACKGROUND: the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters seeks to simplify the method of transmission of judicial and extrajudicial documents between the Contracting States. It thus facilitates judicial cooperation in cross-border civil and commercial litigation. The EU in its external relations has been promoting the accession of third countries to the Hague Service Convention. The Hague Service Convention is not open to participation by regional organisations. As a result, the European Union is not in a position to accede to the Convention . Given that the Hague Service Convention is important for the European Union interests, the Council should authorise the Member States which had not concluded the Hague Service Convention before adoption of the Union measures to accede to the Convention in the interest of the European Union, subject to certain conditions. The Member States to which this decision is addressed are Austria and Malta . IMPACT ASSESSMENT: no impact assessment was undertaken. LEGAL BASIS: Article 81(2) and 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU). CONTENT: under this proposal for a Council Decision, Austria and Malta would accede to the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters in the interest of the European Union. Purpose of the Convention: the Convention indicates the channels to be used for the transmission from one Contracting State to another in the event of service abroad of judicial and extrajudicial act. The main channel of transmission, in lieu of consular and diplomatic channels, is through a Central Authority, who shall serve the documents or shall arrange to have them served. The Convention also provides for several other modes of transmission (for example, by post). It seeks to establish a system which, as far as possible, brings actual notice of the document to be served to the recipient in sufficient time to enable him to defend himself. Lastly, the Convention facilitates proof that the service has been affected abroad, by means of certificates contained in a uniform model. EU competences: this field falls into the exclusive external competence of the European Union, because of the adoption of internal Union legislation by means of Regulation (EC) No 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters. As a result, Member States cannot sign this Convention without being authorised to do so. 24 Member States were Parties to the Convention before the EU legislation was adopted. Austria and Malta remain to be authorised to accede to the Convention. The Commission therefore proposes that the Council authorises Austria and Malta to accede to the Convention in the interest of the European Union. The Convention does not contain any provisions allowing the European Union itself to accede to the Convention. Declarations of the Contracting States: the Convention provides for a possibility for the Contracting States to make declarations with regard to a number of its provisions. The EU Member States, Contracting States to the Convention, entered various declarations. The situation is not uniform, however. Against this backdrop, it is not reasonable to require the Member States concerned to make uniform declaration(s), if any. In conclusion, Austria and Malta should, when acceding to the Convention, make all appropriate declarations allowed under its provisions that they deem necessary. The text of such declarations should be attached to the Council decision. Entry into force: Austria and Malta will take the necessary measures to deposit their instruments of accession before 31 December 2014 . BUDGETARY IMPLICATION: the proposal has no implications for the European Union’s budget.
  • date: 2015-11-24T00:00:00 type: Legislative proposal published body: EC docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=13777%2F15&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 13777/2015 summary: PURPOSE: to authorise Austria to sign and ratify, and Malta to accede to, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, in the interest of the European Union. PROPOSED ACT: Council Decision. ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. BACKGROUND: the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters simplifies the methods of transmission of judicial and extrajudicial documents between the Contracting States. Thus, it facilitates judicial cooperation in cross-border civil and commercial litigation. The Convention does not allow for participation by regional economic integration organisations such as the Union. As a result, the Union is not in a position to accede to the Convention. However, many countries, including the Member States except Austria and Malta, are parties to the Convention. The latter two states have expressed their interest in becoming parties. It is in the interest of the Union that all Member States are parties to the Convention. In addition, in the framework of Union external policy in the area of civil justice, the Union promotes accession to, and ratification of, the Convention by third States. CONTENT: by this draft Decision, the Council authorises Austria to sign and ratify, and Malta to accede to, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, in the interest of the Union. The Convention indicates the channels of transmission to be used when a judicial or extrajudicial document has to be transmitted from one Contracting State to the Convention to another Contracting State for the service in the latter. The Convention: simplifies the method of transmission of judicial and extrajudicial documents : the main channel of transmission, in lieu of consular and diplomatic channels, is through a Central Authority, which serves the documents or arranges to have them served. The Convention also provides for several alternative methods of transmission (e.g. postal channels); aims to establish a system which, to extent possible, brings actual notice of the document to be served to the recipient in sufficient time to enable him to defend himself; facilitates proof that the service has been affected abroad, by mean of certificates contained in a uniform model. Austria shall take the necessary steps to deposit its instrument of ratification within a reasonable time and at the latest by 31 December 2017 . After the Decision takes effect Malta shall notify the Ministry of Foreign Affairs of the Kingdom of the Netherlands of the date on which the Convention will become applicable to Malta. The United Kingdom and Ireland are bound by Regulation (EC) No 1393/2007 of the European Parliament and of the Council1 and are therefore taking part in the adoption and application of this Decision. On the other hand, Denmark is not taking part in it.
  • date: 2015-12-17T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2016-01-28T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2016-02-01T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0018&language=EN title: A8-0018/2016 summary: The Committee on Legal Affairs adopted the report by Viktor USPASKICH (ALDE, LT) on the draft Council decision authorising the Republic of Austria to sign and ratify, and Malta to accede to, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, in the interest of the European Union. The committee called on the European Parliament to give its consent to the draft Council decision . To recall, the Hague Convention of 15 November 1965 establishes a system whereby documents can be served in another signatory state. Of the 28 Member States, 26 are already applying the convention. Austria and Malta, as the two remaining Member States, have indicated their wish to join. The convention does not allow the accession of international organisations. At the same time, following the adoption of EU legislation on the cross-border service of documents, the EU has acquired exclusive external competence for the issue in accordance with the Treaty on the Functioning of the European Union. This means that the Union must authorise the Member States in question to act on its behalf in order to accede to the convention. Malta has already deposited its instrument of accession, but has issued a declaration that its accession will not become effective until this decision has been adopted. Austria is waiting for this decision in order to carry out the accession formalities. Since the Hague Convention of 15 November 1965 has proven its usefulness in the field of the cross-border service of documents, and it is in the interest both of the Union as a whole and of the two Member States in question to have a single regime for the service of documents in cross-border relations with third countries, it is proposed that Parliament should consent to the proposal for the decision allowing the accession of Austria and Malta to that convention.
  • date: 2016-02-25T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=26732&l=en title: Results of vote in Parliament
  • date: 2016-02-25T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0052 title: T8-0052/2016 summary: The European Parliament adopted by 566 votes to 14, with 65 abstentions, a legislative resolution on the draft Council decision authorising the Republic of Austria to sign and ratify, and Malta to accede to, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, in the interest of the European Union. Parliament gave its consent to the draft Council decision. To recall, the 1965 Hague Convention established a system whereby Judicial and extrajudicial documents in civil or commercial matters can be served in another signatory state.
  • date: 2016-03-10T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2016-03-10T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2016-03-22T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to authorise Austria and Malta to accede to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters in the interest of the European Union. NON-LEGISLATIVE ACT: Council Decision (EU) 2016/414 authorising the Republic of Austria to sign and ratify, and Malta to accede to, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, in the interest of the European Union. CONTENT: under this Council Decision, the Council, following the European Parliament’s consent, authorised Austria and Malta to accede to the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters in the interest of the European Union. The Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters establishes a system whereby these documents can be served in another signatory state. It simplifies the methods of transmission of judicial and extrajudicial documents between the Contracting States. It thus facilitates judicial cooperation in cross-border civil and commercial litigation. The Convention does not allow for participation by regional economic integration organisations such as the Union. As a result, the Union is not in a position to accede to the Convention. Moreover, many countries, including the Member States except Austria and Malta, are parties to the Convention. Austria and Malta have expressed their interest in becoming parties to the Convention. It is in the interest of the Union that all Member States are parties to the Convention. Austria shall take the necessary steps to deposit its instrument of ratification of the Convention with the Ministry of Foreign Affairs of the Kingdom of the Netherlands within a reasonable time and at the latest by 31 December 2017. After this Decision takes effect Malta shall notify the Ministry of Foreign Affairs of the Netherlands of the date on which the Convention will become applicable to Malta. Ireland and the United Kingdom shall participate in the adoption and the application of this Decision while Denmark shall not take part nor shall it be bound by it or subject to its application. ENTRY INTO FORCE: 23.3.2016. docs: title: Decision 2016/414 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32016D0414 title: OJ L 075 22.03.2016, p. 0001 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2016:075:TOC
other
  • body: EC dg: url: http://ec.europa.eu/justice/ title: Justice commissioner: REDING Viviane
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Hague Convention 1965 on the service abroad of judicial and extrajudicial documents in civil or commercial matters in the interest of the European Union: accession of Austria and Malta
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Hague Convention 1965 on the service abroad of judicial and extrajudicial documents in civil or commercial matters: ratification by Austria and accession of Malta
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  • The European Parliament adopted by 566 votes to 14, with 65 abstentions, a legislative resolution on the draft Council decision authorising the Republic of Austria to sign and ratify, and Malta to accede to, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, in the interest of the European Union.

    Parliament gave its consent to the draft Council decision.

    To recall, the 1965 Hague Convention established a system whereby Judicial and extrajudicial documents in civil or commercial matters can be served in another signatory state.

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  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0052 type: Decision by Parliament, 1st reading/single reading title: T8-0052/2016
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  • The Committee on Legal Affairs adopted the report by Viktor USPASKICH (ALDE, LT) on the draft Council decision authorising the Republic of Austria to sign and ratify, and Malta to accede to, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, in the interest of the European Union.

    The committee called on the European Parliament to give its consent to the draft Council decision.

    To recall, the Hague Convention of 15 November 1965 establishes a system whereby documents can be served in another signatory state. Of the 28 Member States, 26 are already applying the convention. Austria and Malta, as the two remaining Member States, have indicated their wish to join.

    The convention does not allow the accession of international organisations. At the same time, following the adoption of EU legislation on the cross-border service of documents, the EU has acquired exclusive external competence for the issue in accordance with the Treaty on the Functioning of the European Union.

    This means that the Union must authorise the Member States in question to act on its behalf in order to accede to the convention.

    Malta has already deposited its instrument of accession, but has issued a declaration that its accession will not become effective until this decision has been adopted. Austria is waiting for this decision in order to carry out the accession formalities.

    Since the Hague Convention of 15 November 1965 has proven its usefulness in the field of the cross-border service of documents, and it is in the interest both of the Union as a whole and of the two Member States in question to have a single regime for the service of documents in cross-border relations with third countries, it is proposed that Parliament should consent to the proposal for the decision allowing the accession of Austria and Malta to that convention.

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Hague Convention 1965 on the Service abroad of judicial and extrajudicial documents in civil or commercial matters in the interest of the European Union: accession of Austria and Malta
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Hague Convention 1965 on the service abroad of judicial and extrajudicial documents in civil or commercial matters in the interest of the European Union: accession of Austria and Malta
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  • PURPOSE: to authorise Austria to sign and ratify, and Malta to accede to, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, in the interest of the European Union.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

    BACKGROUND: the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters simplifies the methods of transmission of judicial and extrajudicial documents between the Contracting States.  Thus, it facilitates judicial cooperation in cross-border civil and commercial litigation.

    The Convention does not allow for participation by regional economic integration organisations such as the Union. As a result, the Union is not in a position to accede to the Convention. However, many countries, including the Member States except Austria and Malta, are parties to the Convention. The latter two states have expressed their interest in becoming parties. It is in the interest of the Union that all Member States are parties to the Convention. In addition, in the framework of Union external policy in the area of civil justice, the Union promotes accession to, and ratification of, the Convention by third States.

    CONTENT: by this draft Decision, the Council authorises Austria to sign and ratify, and Malta to accede to, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, in the interest of the Union.

    The Convention indicates the channels of transmission to be used when a judicial or extrajudicial document has to be transmitted from one Contracting State to the Convention to another Contracting State for the service in the latter. The Convention:

    • simplifies the method of transmission of judicial and extrajudicial documents: the main channel of transmission, in lieu of consular and diplomatic channels, is through a Central Authority, which serves the documents or arranges to have them served. The Convention also provides for several alternative methods of transmission (e.g. postal channels);
    • aims to establish a system which, to extent possible, brings actual notice of the document to be served to the recipient in sufficient time to enable him to defend himself;
    • facilitates proof that the service has been affected abroad, by mean of certificates contained in a uniform model.

    Austria shall take the necessary steps to deposit its instrument of ratification within a reasonable time and at the latest by 31 December 2017. After the Decision takes effect Malta shall notify the Ministry of Foreign Affairs of the Kingdom of the Netherlands of the date on which the Convention will become applicable to Malta.

    The United Kingdom and Ireland are bound by Regulation (EC) No 1393/2007 of the European Parliament and of the Council1 and are therefore taking part in the adoption and application of this Decision. On the other hand, Denmark is not taking part in it.

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  • PURPOSE: to authorise Austria and Malta to accede to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters in the interest of the European Union.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

    BACKGROUND: the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters seeks to simplify the method of transmission of judicial and extrajudicial documents between the Contracting States. It thus facilitates judicial cooperation in cross-border civil and commercial litigation. The EU in its external relations has been promoting the accession of third countries to the Hague Service Convention. The Hague Service Convention is not open to participation by regional organisations. As a result, the European Union is not in a position to accede to the Convention.

    Given that the Hague Service Convention is important for the European Union interests, the Council should authorise the Member States which had not concluded the Hague Service Convention before adoption of the Union measures to accede to the Convention in the interest of the European Union, subject to certain conditions. The Member States to which this decision is addressed are Austria and Malta.

    IMPACT ASSESSMENT: no impact assessment was undertaken.

    LEGAL BASIS: Article 81(2) and 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU).

    CONTENT: under this proposal for a Council Decision, Austria and Malta would accede to the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters in the interest of the European Union.

    Purpose of the Convention: the Convention indicates the channels to be used for the transmission from one Contracting State to another in the event of service abroad of judicial and extrajudicial act. The main channel of transmission, in lieu of consular and diplomatic channels, is through a Central Authority, who shall serve the documents or shall arrange to have them served. The Convention also provides for several other modes of transmission (for example, by post). It seeks to establish a system which, as far as possible, brings actual notice of the document to be served to the recipient in sufficient time to enable him to defend himself.

    Lastly, the Convention facilitates proof that the service has been affected abroad, by means of certificates contained in a uniform model.

    EU competences: this field falls into the exclusive external competence of the European Union, because of the adoption of internal Union legislation by means of Regulation (EC) No 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters. As a result, Member States cannot sign this Convention without being authorised to do so. 24 Member States were Parties to the Convention before the EU legislation was adopted. Austria and Malta remain to be authorised to accede to the Convention. 

    The Commission therefore proposes that the Council authorises Austria and Malta to accede to the Convention in the interest of the European Union. The Convention does not contain any provisions allowing the European Union itself to accede to the Convention.

    Declarations of the Contracting States: the Convention provides for a possibility for the Contracting States to make declarations with regard to a number of its provisions. The EU Member States, Contracting States to the Convention, entered various declarations. The situation is not uniform, however. Against this backdrop, it is not reasonable to require the Member States concerned to make uniform declaration(s), if any. In conclusion, Austria and Malta should, when acceding to the Convention, make all appropriate declarations allowed under its provisions that they deem necessary. The text of such declarations should be attached to the Council decision.

    Entry into force: Austria and Malta will take the necessary measures to deposit their instruments of accession before 31 December 2014.

    BUDGETARY IMPLICATION: the proposal has no implications for the European Union’s budget.

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  • PURPOSE: to authorise Austria and Malta to accede to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters in the interest of the European Union.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

    BACKGROUND: the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters seeks to simplify the method of transmission of judicial and extrajudicial documents between the Contracting States. It thus facilitates judicial cooperation in cross-border civil and commercial litigation. The EU in its external relations has been promoting the accession of third countries to the Hague Service Convention. The Hague Service Convention is not open to participation by regional organisations. As a result, the European Union is not in a position to accede to the Convention.

    Given that the Hague Service Convention is important for the European Union interests, the Council should authorise the Member States which had not concluded the Hague Service Convention before adoption of the Union measures to accede to the Convention in the interest of the European Union, subject to certain conditions. The Member States to which this decision is addressed are Austria and Malta.

    IMPACT ASSESSMENT: no impact assessment was undertaken.

    LEGAL BASIS: Article 81(2) and 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU).

    CONTENT: under this proposal for a Council Decision, Austria and Malta would accede to the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters in the interest of the European Union.

    Purpose of the Convention: the Convention indicates the channels to be used for the transmission from one Contracting State to another in the event of service abroad of judicial and extrajudicial act. The main channel of transmission, in lieu of consular and diplomatic channels, is through a Central Authority, who shall serve the documents or shall arrange to have them served. The Convention also provides for several other modes of transmission (for example, by post). It seeks to establish a system which, as far as possible, brings actual notice of the document to be served to the recipient in sufficient time to enable him to defend himself.

    Lastly, the Convention facilitates proof that the service has been affected abroad, by means of certificates contained in a uniform model.

    EU competences: this field falls into the exclusive external competence of the European Union, because of the adoption of internal Union legislation by means of Regulation (EC) No 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters. As a result, Member States cannot sign this Convention without being authorised to do so. 24 Member States were Parties to the Convention before the EU legislation was adopted. Austria and Malta remain to be authorised to accede to the Convention. 

    The Commission therefore proposes that the Council authorises Austria and Malta to accede to the Convention in the interest of the European Union. The Convention does not contain any provisions allowing the European Union itself to accede to the Convention.

    Declarations of the Contracting States: the Convention provides for a possibility for the Contracting States to make declarations with regard to a number of its provisions. The EU Member States, Contracting States to the Convention, entered various declarations. The situation is not uniform, however. Against this backdrop, it is not reasonable to require the Member States concerned to make uniform declaration(s), if any. In conclusion, Austria and Malta should, when acceding to the Convention, make all appropriate declarations allowed under its provisions that they deem necessary. The text of such declarations should be attached to the Council decision.

    Entry into force: Austria and Malta will take the necessary measures to deposit their instruments of accession before 31 December 2014.

    BUDGETARY IMPLICATION: the proposal has no implications for the European Union’s budget.

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  • PURPOSE: to authorise Austria and Malta to accede to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters in the interest of the European Union.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

    BACKGROUND: the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters seeks to simplify the method of transmission of judicial and extrajudicial documents between the Contracting States. It thus facilitates judicial cooperation in cross-border civil and commercial litigation. The EU in its external relations has been promoting the accession of third countries to the Hague Service Convention. The Hague Service Convention is not open to participation by regional organisations. As a result, the European Union is not in a position to accede to the Convention.

    Given that the Hague Service Convention is important for the European Union interests, the Council should authorise the Member States which had not concluded the Hague Service Convention before adoption of the Union measures to accede to the Convention in the interest of the European Union, subject to certain conditions. The Member States to which this decision is addressed are Austria and Malta.

    IMPACT ASSESSMENT: no impact assessment was undertaken.

    LEGAL BASIS: Article 81(2) and 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU).

    CONTENT: under this proposal for a Council Decision, Austria and Malta would accede to the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters in the interest of the European Union.

    Purpose of the Convention: the Convention indicates the channels to be used for the transmission from one Contracting State to another in the event of service abroad of judicial and extrajudicial act. The main channel of transmission, in lieu of consular and diplomatic channels, is through a Central Authority, who shall serve the documents or shall arrange to have them served. The Convention also provides for several other modes of transmission (for example, by post). It seeks to establish a system which, as far as possible, brings actual notice of the document to be served to the recipient in sufficient time to enable him to defend himself.

    Lastly, the Convention facilitates proof that the service has been affected abroad, by means of certificates contained in a uniform model.

    EU competences: this field falls into the exclusive external competence of the European Union, because of the adoption of internal Union legislation by means of Regulation (EC) No 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters. As a result, Member States cannot sign this Convention without being authorised to do so. 24 Member States were Parties to the Convention before the EU legislation was adopted. Austria and Malta remain to be authorised to accede to the Convention. 

    The Commission therefore proposes that the Council authorises Austria and Malta to accede to the Convention in the interest of the European Union. The Convention does not contain any provisions allowing the European Union itself to accede to the Convention.

    Declarations of the Contracting States: the Convention provides for a possibility for the Contracting States to make declarations with regard to a number of its provisions. The EU Member States, Contracting States to the Convention, entered various declarations. The situation is not uniform, however. Against this backdrop, it is not reasonable to require the Member States concerned to make uniform declaration(s), if any. In conclusion, Austria and Malta should, when acceding to the Convention, make all appropriate declarations allowed under its provisions that they deem necessary. The text of such declarations should be attached to the Council decision.

    Entry into force: Austria and Malta will take the necessary measures to deposit their instruments of accession before 31 December 2014.

    BUDGETARY IMPLICATION: the proposal has no implications for the European Union’s budget.

committees/0/date
2013-06-19T00:00:00
committees/0/rapporteur
  • group: ALDE name: THEIN Alexandra
activities
  • date: 2013-06-06T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0338/COM_COM(2013)0338_EN.pdf celexid: CELEX:52013PC0338:EN type: Legislative proposal published title: COM(2013)0338 body: EC type: Legislative proposal commission: DG: url: http://ec.europa.eu/justice/ title: Justice Commissioner: REDING Viviane
committees
  • body: EP responsible: True committee_full: Legal Affairs committee: JURI
  • body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
links
National parliaments
European Commission
other
  • body: EC dg: url: http://ec.europa.eu/justice/ title: Justice commissioner: REDING Viviane
procedure
reference
2013/0177(NLE)
title
Hague Convention 1965 on the Service abroad of judicial and extrajudicial documents in civil or commercial matters in the interest of the European Union: accession of Austria and Malta
legal_basis
stage_reached
Preparatory phase in Parliament
subtype
Consent by Parliament
type
NLE - Non-legislative enactments
subject
7.40.02 Judicial cooperation in civil and commercial matters