REPORT on the proposal for a Council decision authorising certain Member States to accept, in the interest of the European Union, the accession of the Republic of Korea to the 1980 Hague Convention on the Civil Aspects of International Child Abduction

28.9.2016 - (COM(2016)0372 – C8‑0233/2016 – 2016/0173(NLE)) - *

Committee on Legal Affairs
Rapporteur: Angel Dzhambazki

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a Council decision authorising certain Member States to accept, in the interest of the European Union, the accession of the Republic of Korea to the 1980 Hague Convention on the Civil Aspects of International Child Abduction

(COM(2016)0372 – C8‑0233/2016 – 2016/0173(NLE))

(Consultation)

The European Parliament,

–  having regard to the proposal for a Council decision (COM(2016)0372),

–  having regard to Article 38, fourth paragraph, of the 1980 Hague Convention on the Civil Aspects of International Child Abduction,

–  having regard to Article 81(3) and Article 218(6), second subparagraph, point (b), of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8‑0233/2016),

–  having regard to the opinion of the Court of Justice[1] on the exclusive external competence of the European Union for a declaration of acceptance of an accession to the 1980 Hague Convention on the Civil Aspects of International Child Abduction,

–  having regard to Rules 59 and 108(7) of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs (A8-0266/2016),

1.  Approves the authorisation for certain Member States to accept, in the interest of the European Union, the accession of the Republic of Korea to the 1980 Hague Convention on the Civil Aspects of International Child Abduction;

2.  Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States, as well as to the Permanent Bureau of the Hague Conference on Private International Law.

• [1]  Opinion of the Court of Justice of 14 October 2014, 1/13, ECLI:EU:C:2014:2303.

EXPLANATORY STATEMENT

The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction is a vitally important instrument. It has been ratified by all the EU Member States.

The Convention introduces a system of cooperation between the contracting states aimed at settling cases of international child abduction.

In many instances, these problems arise when a couple has separated. If the mother and father are from different states, there is a temptation to exploit the lack of cooperation between those states in order to secure custody of the child. The press is full of reports on cases of international child abduction following a separation or a divorce.

The biggest problem in such cases is the national bias of the legal systems of individual 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 in Opinion 1/13. The Member States therefore no longer act on their own account. The problem is that the Convention does not provide for autonomous action by international organisations.

Following the accession of South Korea to the Convention, a Council decision is therefore necessary to authorise the Member States (except Denmark, which is excluded from the Union's civil justice policy, and Czechia, Ireland and Lithuania, which have already accepted the accession of South Korea) to accept the accession of South Korea. This will allow the Convention to enter into force between South Korea and the entire European Union.

The accession of South Korea to the Convention is to be welcomed. The Commission, together with civil justice experts from the Member States, has evaluated the functioning of South Korea's justice system and the country's willingness to implement the Convention, and considers that it is desirable for the Convention to enter into force between the European Union and South Korea. Your rapporteur fully supports this, as the Hague Convention system is more effective if more countries sign up to it. There is a significant Korean community in Europe, which adds to the relevance of accepting this accession.

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.

PROCEDURE – COMMITTEE RESPONSIBLE

Title	Council Decision authorising certain Member States to accept, in the interest of the European Union, the accession of the Republic of Korea to the 1980 Hague Convention on the Civil Aspects of International Child Abduction
References	COM(2016)0372 – C8-0233/2016 – 2016/0173(NLE)
Date of consultation / request for consent	22.6.2016
Committee responsible        Date announced in plenary	JURI 4.7.2016
Committees asked for opinions        Date announced in plenary	LIBE 4.7.2016
Not delivering opinions        Date of decision	LIBE 11.7.2016
Rapporteurs        Date appointed	Angel Dzhambazki 11.7.2016
Date adopted	26.9.2016
Result of final vote	+: –: 0:	22 0 0
Members present for the final vote	Joëlle Bergeron, Marie-Christine Boutonnet, Jean-Marie Cavada, Kostas Chrysogonos, Mady Delvaux, Rosa Estaràs Ferragut, Sajjad Karim, Dietmar Köster, Gilles Lebreton, António Marinho e Pinto, Emil Radev, Evelyn Regner, József Szájer, Axel Voss, Tadeusz Zwiefka
Substitutes present for the final vote	Daniel Buda, Sergio Gaetano Cofferati, Pascal Durand, Angel Dzhambazki, Sylvia-Yvonne Kaufmann, Stefano Maullu, Virginie Rozière
Date tabled	28.9.2016