BETA


2017/0150(NLE) Hague Convention (1980) on the Civil Aspects of International Child Abduction: accession of Chile, Iceland and Bahamas; acceptance by Romania

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI DZHAMBAZKI Angel (icon: ECR ECR) ZWIEFKA Tadeusz (icon: PPE PPE), HONEYBALL Mary (icon: S&D S&D), CAVADA Jean-Marie (icon: ALDE ALDE)
Committee Opinion LIBE
Lead committee dossier:

Events

2017/12/22
   Final act published in Official Journal
Details

PURPOSE: to authorise Romania to accept the accession of Chile, Iceland and the Bahamas to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

NON-LEGISLATIVE ACT: Council Decision (EU) 2017/2424 authorising Romania to accept, in the interest of the European Union, the accession of Chile, Iceland and the Bahamas to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

CONTENT: the Council Decision authorises Romania to accept, in the interest of the Union, the accession of Chile, Iceland and the Bahamas to the 1980 Hague Convention .

Romania shall be authorised to deposit its declaration of acceptance concerning the accession of these three countries by 19 December 2018 at the latest .

The 1980 Hague Convention on the Civil Aspects of International Child Abduction establishes, at international level, a system of obligations and cooperation among contracting states and between central authorities and aims at ensuring the prompt return of wrongfully removed or retained children. All the Member States of the Union are parties to the Convention.

At EU level, Regulation (EC) No 2201/2003 (Brussels IIa Regulation) complements and reinforces the 1980 Hague Convention.

The Union encourages third states to accede to the 1980 Hague Convention.

The existence of the exclusive competence of the European Union to accept the accession of a third State to the 1980 Convention has been confirmed by the Court of Justice of the European Union.

Chile, Iceland and the Bahamas respectively deposited the instrument of accession to the Convention on 23 February 1994, 14 August 1996 and 1 October 1993. The Convention is already in force with 27 Member States in Chile and Iceland and with 26 Member States in respect of the Bahamas.

An assessment of the situation in Chile, Iceland and the Bahamas led to the conclusion that Romania is in a position to accept the accession of these countries to the Convention.

The United Kingdom and Ireland shall be bound by the Brussels IIa Regulation and participate in the adoption and application of the Decision. Denmark shall not be bound by this Decision.

ENTRY INTO FORCE: the Decision shall take effect on the day of its notification.

2017/12/18
   EP/CSL - Act adopted by Council after consultation of Parliament
2017/12/18
   EP - End of procedure in Parliament
2017/11/30
   EP - Results of vote in Parliament
2017/11/30
   EP - Decision by Parliament
Details

The European Parliament adopted by 615 votes to 2, with 30 abstentions, a European Parliament legislative resolution on the proposal for a Council decision authorising Romania to accept, in the interest of the European Union, the accession of Chile, Iceland and Bahamas to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

In line with the recommendation made by its Committee on Legal Affairs, Parliament approved the authorisation for Romania to accept, in the interest of the European Union, the accession of Chile, Iceland and Bahamas to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

The acceptance of Romania would render the 1980 Convention applicable between Bahamas and all EU Member States except Denmark. In relation to Chile and Iceland the 1980 Convention will become applicable with all EU Member States.

Documents
2017/11/23
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Legal Affairs Committee adopted the report by Angel DZHAMBAZKI (ECR, BG) on the proposal for a Council decision authorising Romania to accept, in the interest of the European Union, the accession of Chile, Iceland and Bahamas to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

The committee recommended that Parliament approve the authorisation for Romania to accept, in the interest of the European Union, the accession of Chile, Iceland and Bahamas to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

As recalled in the explanatory memorandum accompanying the report, the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction has been ratified by all the Member States of the European Union.

In cases of international child abduction following a separation or a divorce and the mother and father are from different states, it may often be that the courts in both of the states concerned declare themselves competent, with each of them awarding custody of the child to the parent who is a national of their state.

The purpose of the Convention is to resolve such situations at an international level, by establishing that the competent courts and applicable laws are those of the state of residence of the child. The Convention also introduces a system which ensures the immediate return of children who have been abducted.

The EU now has exclusive external competence in this field as confirmed by the Court of Justice.

Chile deposited the accession instrument to the 1980 Convention on 23 February 1994. The Convention entered into force in Chile on 1 May 1994. The 1980 Convention is already into force between Chile and 27 EU Member States. Only Romania has not yet accepted the accession of Chile to the Convention. Iceland deposited the accession instrument to the 1980 Convention on 14 August 1996. The Convention entered into force in Iceland on 1 September 1996. The 1980 Convention is already into force between Iceland and 27 Member States. Only Romania has not yet accepted the accession of Iceland to the Convention. Bahamas deposited the accession instrument to the 1980 Convention on 1 October 1993. The Convention entered into force in Bahamas on 1 January 1994. The 1980 Convention is already into force between Bahamas and 26 EU Member States. Only Denmark and Romania have not yet accepted the accession of Bahamas to the Convention.

The acceptance of Romania would render the 1980 Convention applicable between Bahamas and all EU Member States except Denmark. In relation to Chile and Iceland the 1980 Convention will become applicable with all EU Member States.

The accession of Chile, Iceland and Bahamas to the Convention is to be welcomed. Your rapporteur therefore proposes that Parliament approve the proposal without amendment, in order to ensure that EU-wide protection is afforded to the children in question.

Documents
2017/11/21
   EP - Vote in committee
2017/09/11
   EP - Committee draft report
Documents
2017/09/11
   EP - Committee referral announced in Parliament
2017/07/12
   EP - DZHAMBAZKI Angel (ECR) appointed as rapporteur in JURI
2017/07/03
   EC - Legislative proposal published
Details

PURPOSE: to authorise Romania to accept the accession of Chile, Iceland and the Bahamas to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.

BACKGROUND: the 1980 Hague Convention has been ratified by 97 countries, including all EU Member States. It aims to restore the status quo by mean of the prompt return of wrongfully removed or retained children through a system of cooperation among central authorities appointed by its Contracting Parties.

As the prevention of child abduction is an essential part of the EU policy to promote the rights of the child, the European Union is active at international level to improve the application of the 1980 Convention and encourages third States to accede it.

The 1980 Convention stipulates that the Convention applies between the acceding country and such Contracting States as will have declared their acceptance of the accession.

As the matter of international child abduction falls within the exclusive external competence of the European Union , the decision whether to accept the accession of Chile, Iceland and Bahamas has to be taken at EU level by means of a Council Decision.

Chile, Iceland and the Bahamas respectively deposited the accession instrument to the Convention on 23 February 1994, 14 August 1996 and 1 October 1993. The Convention is already in force with 27 Member States regarding Chile and Iceland and with 26 Member States in the case of the Bahamas. When consulted by the Commission, Romania issued a favourable opinion on the accession of these three countries to the Convention.

Accordingly, Romania should therefore be authorised to deposit its declaration of acceptance of the accession of Chile, Iceland and Bahamas in the interest of the Union.

As far as parental child abduction is concerned, the 1980 Hague Convention is the international counterpart of Council Regulation No 2201/2003 (known as the Brussels IIa Regulation). One of its main objectives is to deter child abduction between Member States by establishing procedures to ensure the child's prompt return to the Member State of his/her habitual residence.

Ten Council Decisions have been already adopted between June 2015 and December 2016 in order to accept the accession to the 1980 Hague Convention on International Child Abduction of 10 third countries ( Morocco , Singapore , Russia , Albania , Andorra , the Seychelles , Armenia , the Republic of Korea , Kazakhstan and Peru ).

CONTENT: with this proposal for a decision, the Council is invited to adopt a decision authorising Romania to accept, in the interest of the Union, the accession of Chile, Iceland and the Bahamas to the 1980 Hague Convention .

Romania should table its declaration of acceptance of the accession of these three countries no later than 12 months after the date of adoption of this Decision.

The United Kingdom and Ireland are bound by Regulation (EC) No 2201/2003 and therefore participate in the adoption and application of this Decision.

The acceptance of Romania would render the 1980 Convention applicable between Bahamas and all EU Member States except Denmark. In relation to Chile and Iceland the 1980 Convention will become applicable with all EU Member States.

Documents

Votes

A8-0364/2017 - Angel Dzhambazki - Vote unique 30/11/2017 11:55:59.000 #

2017/11/30 Outcome: +: 615, 0: 30, -: 2
DE FR IT ES PL GB RO CZ EL SE NL BE HU PT BG FI DK AT SK LT HR IE LV LU SI EE MT CY
Total
78
66
64
49
48
64
24
21
20
19
23
19
17
14
12
12
12
12
12
9
9
8
7
6
6
5
5
4
icon: PPE PPE
194

Denmark PPE

For (1)

1

Lithuania PPE

1

Luxembourg PPE

3

Slovenia PPE

3

Estonia PPE

For (1)

1

Cyprus PPE

1
icon: S&D S&D
164

Netherlands S&D

3

Hungary S&D

2

Bulgaria S&D

2

Croatia S&D

For (1)

1

Ireland S&D

For (1)

1

Latvia S&D

1

Luxembourg S&D

For (1)

1

Slovenia S&D

For (1)

1

Estonia S&D

For (1)

1

Malta S&D

3

Cyprus S&D

2
icon: ALDE ALDE
59

United Kingdom ALDE

1

Romania ALDE

3

Portugal ALDE

1

Bulgaria ALDE

3

Austria ALDE

For (1)

1

Croatia ALDE

For (1)

1

Ireland ALDE

For (1)

1

Latvia ALDE

1

Luxembourg ALDE

For (1)

1

Slovenia ALDE

For (1)

1

Estonia ALDE

2
icon: ECR ECR
59

Italy ECR

1

Czechia ECR

2

Greece ECR

For (1)

1

Netherlands ECR

For (1)

1

Bulgaria ECR

2

Finland ECR

1

Lithuania ECR

1

Croatia ECR

For (1)

1

Latvia ECR

For (1)

1
icon: GUE/NGL GUE/NGL
45

United Kingdom GUE/NGL

1

Sweden GUE/NGL

For (1)

1

Netherlands GUE/NGL

3

Portugal GUE/NGL

3

Finland GUE/NGL

For (1)

1

Denmark GUE/NGL

For (1)

1

Ireland GUE/NGL

2

Cyprus GUE/NGL

1
icon: Verts/ALE Verts/ALE
42

Italy Verts/ALE

For (1)

1

Netherlands Verts/ALE

For (1)

1

Belgium Verts/ALE

2

Hungary Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Austria Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Luxembourg Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1
icon: EFDD EFDD
36

Poland EFDD

1

Czechia EFDD

Abstain (1)

1

Sweden EFDD

2

Lithuania EFDD

For (1)

1
icon: ENF ENF
31
2

United Kingdom ENF

Abstain (1)

1

Romania ENF

1

Netherlands ENF

4

Belgium ENF

Abstain (1)

1

Austria ENF

2
icon: NI NI
15

Germany NI

For (1)

1

France NI

2

United Kingdom NI

Against (2)

Abstain (1)

3

History

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

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  • date: 2017-09-11T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP shadows: group: EPP name: ZWIEFKA Tadeusz group: S&D name: HONEYBALL Mary group: ALDE name: CAVADA Jean-Marie responsible: True committee: JURI date: 2017-07-12T00:00:00 committee_full: Legal Affairs rapporteur: group: ECR name: DZHAMBAZKI Angel body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
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  • date: 2017-09-11T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE609.352 title: PE609.352 type: Committee draft report body: EP
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  • date: 2017-07-03T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2017/0360/COM_COM(2017)0360_EN.pdf title: COM(2017)0360 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2017&nu_doc=0360 title: EUR-Lex summary: PURPOSE: to authorise Romania to accept the accession of Chile, Iceland and the Bahamas to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. PROPOSED ACT: Council Decision. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: the 1980 Hague Convention has been ratified by 97 countries, including all EU Member States. It aims to restore the status quo by mean of the prompt return of wrongfully removed or retained children through a system of cooperation among central authorities appointed by its Contracting Parties. As the prevention of child abduction is an essential part of the EU policy to promote the rights of the child, the European Union is active at international level to improve the application of the 1980 Convention and encourages third States to accede it. The 1980 Convention stipulates that the Convention applies between the acceding country and such Contracting States as will have declared their acceptance of the accession. As the matter of international child abduction falls within the exclusive external competence of the European Union , the decision whether to accept the accession of Chile, Iceland and Bahamas has to be taken at EU level by means of a Council Decision. Chile, Iceland and the Bahamas respectively deposited the accession instrument to the Convention on 23 February 1994, 14 August 1996 and 1 October 1993. The Convention is already in force with 27 Member States regarding Chile and Iceland and with 26 Member States in the case of the Bahamas. When consulted by the Commission, Romania issued a favourable opinion on the accession of these three countries to the Convention. Accordingly, Romania should therefore be authorised to deposit its declaration of acceptance of the accession of Chile, Iceland and Bahamas in the interest of the Union. As far as parental child abduction is concerned, the 1980 Hague Convention is the international counterpart of Council Regulation No 2201/2003 (known as the Brussels IIa Regulation). One of its main objectives is to deter child abduction between Member States by establishing procedures to ensure the child's prompt return to the Member State of his/her habitual residence. Ten Council Decisions have been already adopted between June 2015 and December 2016 in order to accept the accession to the 1980 Hague Convention on International Child Abduction of 10 third countries ( Morocco , Singapore , Russia , Albania , Andorra , the Seychelles , Armenia , the Republic of Korea , Kazakhstan and Peru ). CONTENT: with this proposal for a decision, the Council is invited to adopt a decision authorising Romania to accept, in the interest of the Union, the accession of Chile, Iceland and the Bahamas to the 1980 Hague Convention . Romania should table its declaration of acceptance of the accession of these three countries no later than 12 months after the date of adoption of this Decision. The United Kingdom and Ireland are bound by Regulation (EC) No 2201/2003 and therefore participate in the adoption and application of this Decision. The acceptance of Romania would render the 1980 Convention applicable between Bahamas and all EU Member States except Denmark. In relation to Chile and Iceland the 1980 Convention will become applicable with all EU Member States.
  • date: 2017-09-11T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2017-11-21T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2017-11-23T00:00:00 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=A8-2017-0364&language=EN title: A8-0364/2017 summary: The Legal Affairs Committee adopted the report by Angel DZHAMBAZKI (ECR, BG) on the proposal for a Council decision authorising Romania to accept, in the interest of the European Union, the accession of Chile, Iceland and Bahamas to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The committee recommended that Parliament approve the authorisation for Romania to accept, in the interest of the European Union, the accession of Chile, Iceland and Bahamas to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. As recalled in the explanatory memorandum accompanying the report, the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction has been ratified by all the Member States of the European Union. In cases of international child abduction following a separation or a divorce and the mother and father are from different states, it may often be that the courts in both of the states concerned declare themselves competent, with each of them awarding custody of the child to the parent who is a national of their state. The purpose of the Convention is to resolve such situations at an international level, by establishing that the competent courts and applicable laws are those of the state of residence of the child. The Convention also introduces a system which ensures the immediate return of children who have been abducted. The EU now has exclusive external competence in this field as confirmed by the Court of Justice. Chile deposited the accession instrument to the 1980 Convention on 23 February 1994. The Convention entered into force in Chile on 1 May 1994. The 1980 Convention is already into force between Chile and 27 EU Member States. Only Romania has not yet accepted the accession of Chile to the Convention. Iceland deposited the accession instrument to the 1980 Convention on 14 August 1996. The Convention entered into force in Iceland on 1 September 1996. The 1980 Convention is already into force between Iceland and 27 Member States. Only Romania has not yet accepted the accession of Iceland to the Convention. Bahamas deposited the accession instrument to the 1980 Convention on 1 October 1993. The Convention entered into force in Bahamas on 1 January 1994. The 1980 Convention is already into force between Bahamas and 26 EU Member States. Only Denmark and Romania have not yet accepted the accession of Bahamas to the Convention. The acceptance of Romania would render the 1980 Convention applicable between Bahamas and all EU Member States except Denmark. In relation to Chile and Iceland the 1980 Convention will become applicable with all EU Member States. The accession of Chile, Iceland and Bahamas to the Convention is to be welcomed. Your rapporteur therefore proposes that Parliament approve the proposal without amendment, in order to ensure that EU-wide protection is afforded to the children in question.
  • date: 2017-11-30T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=30470&l=en title: Results of vote in Parliament
  • date: 2017-11-30T00:00:00 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-2017-0464 title: T8-0464/2017 summary: The European Parliament adopted by 615 votes to 2, with 30 abstentions, a European Parliament legislative resolution on the proposal for a Council decision authorising Romania to accept, in the interest of the European Union, the accession of Chile, Iceland and Bahamas to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. In line with the recommendation made by its Committee on Legal Affairs, Parliament approved the authorisation for Romania to accept, in the interest of the European Union, the accession of Chile, Iceland and Bahamas to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The acceptance of Romania would render the 1980 Convention applicable between Bahamas and all EU Member States except Denmark. In relation to Chile and Iceland the 1980 Convention will become applicable with all EU Member States.
  • date: 2017-12-18T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2017-12-18T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2017-12-22T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to authorise Romania to accept the accession of Chile, Iceland and the Bahamas to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. NON-LEGISLATIVE ACT: Council Decision (EU) 2017/2424 authorising Romania to accept, in the interest of the European Union, the accession of Chile, Iceland and the Bahamas to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. CONTENT: the Council Decision authorises Romania to accept, in the interest of the Union, the accession of Chile, Iceland and the Bahamas to the 1980 Hague Convention . Romania shall be authorised to deposit its declaration of acceptance concerning the accession of these three countries by 19 December 2018 at the latest . The 1980 Hague Convention on the Civil Aspects of International Child Abduction establishes, at international level, a system of obligations and cooperation among contracting states and between central authorities and aims at ensuring the prompt return of wrongfully removed or retained children. All the Member States of the Union are parties to the Convention. At EU level, Regulation (EC) No 2201/2003 (Brussels IIa Regulation) complements and reinforces the 1980 Hague Convention. The Union encourages third states to accede to the 1980 Hague Convention. The existence of the exclusive competence of the European Union to accept the accession of a third State to the 1980 Convention has been confirmed by the Court of Justice of the European Union. Chile, Iceland and the Bahamas respectively deposited the instrument of accession to the Convention on 23 February 1994, 14 August 1996 and 1 October 1993. The Convention is already in force with 27 Member States in Chile and Iceland and with 26 Member States in respect of the Bahamas. An assessment of the situation in Chile, Iceland and the Bahamas led to the conclusion that Romania is in a position to accept the accession of these countries to the Convention. The United Kingdom and Ireland shall be bound by the Brussels IIa Regulation and participate in the adoption and application of the Decision. Denmark shall not be bound by this Decision. ENTRY INTO FORCE: the Decision shall take effect on the day of its notification. docs: title: Decision 2017/2424 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32017D2424 title: OJ L 343 22.12.2017, p. 0070 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2017:343:TOC
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  • 4.10.02 Family policy, family law, parental leave
  • 4.10.03 Child protection, children's rights
  • 7.40.02 Judicial cooperation in civil and commercial matters
New
4.10.02
Family policy, family law, parental leave
4.10.03
Child protection, children's rights
7.40.02
Judicial cooperation in civil and commercial matters
procedure/title
Old
Hague Convention (1980) on the Civil Aspects of International Child Abduction: accession of Chile, Iceland and Bahamas; acceptance by Romania
New
Hague Convention (1980) on the Civil Aspects of International Child Abduction: accession of Chile, Iceland and Bahamas; acceptance by Romania
activities/2
date
2017-11-21T00:00:00
body
EP
type
Vote in committee, 1st reading/single reading
committees
procedure/Modified legal basis
Rules of Procedure of the European Parliament EP 150
activities/2/type
Old
Indicative plenary sitting date, 1st reading/single reading
New
Vote in plenary scheduled
activities/1/committees/0/shadows/2
group
ALDE
name
CAVADA Jean-Marie
activities/2/date
Old
2017-12-13T00:00:00
New
2017-11-30T00:00:00
committees/0/shadows/2
group
ALDE
name
CAVADA Jean-Marie
activities/1/committees/0/shadows/0
group
EPP
name
ZWIEFKA Tadeusz
committees/0/shadows/0
group
EPP
name
ZWIEFKA Tadeusz
activities/2
date
2017-12-13T00:00:00
body
EP
type
Indicative plenary sitting date, 1st reading/single reading
activities/0/commission/0
DG
Commissioner
JOUROVÁ Věra
other/0
body
EC
dg
commissioner
JOUROVÁ Věra
activities/1
date
2017-09-11T00:00:00
body
EP
type
Committee referral announced in Parliament, 1st reading/single reading
committees
procedure/dossier_of_the_committee
JURI/8/10428
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting committee decision
committees/0/shadows
  • group: S&D name: HONEYBALL Mary
activities/0/docs/0/celexid
CELEX:52017PC0360:EN
committees/0/date
2017-07-12T00:00:00
committees/0/rapporteur
  • group: ECR name: DZHAMBAZKI Angel
activities/0/docs/0/text
  • PURPOSE: to authorise Romania to accept the accession of Chile, Iceland and the Bahamas to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.

    BACKGROUND: the 1980 Hague Convention has been ratified by 97 countries, including all EU Member States. It aims to restore the status quo by mean of the prompt return of wrongfully removed or retained children through a system of cooperation among central authorities appointed by its Contracting Parties.

    As the prevention of child abduction is an essential part of the EU policy to promote the rights of the child, the European Union is active at international level to improve the application of the 1980 Convention and encourages third States to accede it. 

    The 1980 Convention stipulates that the Convention applies between the acceding country and such Contracting States as will have declared their acceptance of the accession.

    As the matter of international child abduction falls within the exclusive external competence of the European Union, the decision whether to accept the accession of Chile, Iceland and Bahamas has to be taken at EU level by means of a Council Decision.

    Chile, Iceland and the Bahamas respectively deposited the accession instrument to the Convention on 23 February 1994, 14 August 1996 and 1 October 1993. The Convention is already in force with 27 Member States regarding Chile and Iceland and with 26 Member States in the case of the Bahamas. When consulted by the Commission, Romania issued a favourable opinion on the accession of these three countries to the Convention.

    Accordingly, Romania should therefore be authorised to deposit its declaration of acceptance of the accession of Chile, Iceland and Bahamas in the interest of the Union.

    As far as parental child abduction is concerned, the 1980 Hague Convention is the international counterpart of Council Regulation No 2201/2003 (known as the Brussels IIa Regulation). One of its main objectives is to deter child abduction between Member States by establishing procedures to ensure the child's prompt return to the Member State of his/her habitual residence.

    Ten Council Decisions have been already adopted between June 2015 and December 2016 in order to accept the accession to the 1980 Hague Convention on International Child Abduction of 10 third countries (Morocco, Singapore, Russia, Albania, Andorra, the Seychelles, Armenia, the Republic of Korea, Kazakhstan and Peru).

    CONTENT: with this proposal for a decision, the Council is invited to adopt a decision authorising Romania to accept, in the interest of the Union, the accession of Chile, Iceland and the Bahamas to the 1980 Hague Convention.

    Romania should table its declaration of acceptance of the accession of these three countries no later than 12 months after the date of adoption of this Decision.

    The United Kingdom and Ireland are bound by Regulation (EC) No 2201/2003 and therefore participate in the adoption and application of this Decision.

    The acceptance of Romania would render the 1980 Convention applicable between Bahamas and all EU Member States except Denmark. In relation to Chile and Iceland the 1980 Convention will become applicable with all EU Member States.

activities
  • date: 2017-07-03T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2017/0360/COM_COM(2017)0360_EN.pdf type: Legislative proposal published title: COM(2017)0360 body: EC type: Legislative proposal published commission:
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
other
    procedure
    reference
    2017/0150(NLE)
    title
    Hague Convention (1980) on the Civil Aspects of International Child Abduction: accession of Chile, Iceland and Bahamas; acceptance by Romania
    geographical_area
    stage_reached
    Preparatory phase in Parliament
    subtype
    Consultation of Parliament
    type
    NLE - Non-legislative enactments
    subject