REPORT on the proposal for a Council decision authorising Austria and Romania to accept, in the interest of the European Union, the accession of Honduras to the 1980 Hague Convention on the Civil Aspects of International Child Abduction

11.12.2018 - (COM(2018)0528 – C8‑0377/2018 – 2018/0278(NLE)) - *

Committee on Legal Affairs
Rapporteur: Mary Honeyball

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a Council decision authorising Austria and Romania to accept, in the interest of the European Union, the accession of Honduras to the 1980 Hague Convention on the Civil Aspects of International Child Abduction

(COM(2018)0528 – C8‑0377/2018 – 2018/0278(NLE))

(Consultation)

The European Parliament,

–  having regard to the proposal for a Council decision (COM(2018)0528),

–  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 (C8‑0377/2018),

–  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 78c and 108(8) of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs (A8-0457/2018),

1.  Approves the authorisation for Austria and Romania to accept, in the interest of the European Union, the accession of Honduras 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 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.

Honduras deposited the accession instrument to the 1980 Convention on 20 December 1993. The Convention entered into force in Honduras on 1 March 1994.

The 1980 Convention is already into force between Honduras and 25 EU Member States. Only Austria, Denmark and Romania have not yet accepted the accession of Honduras to the Convention.

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 Honduras has to be taken at EU level by means of a Council Decision. Austria and Romania should thus make the declaration of acceptance concerning the accession of Honduras in the interest of the European Union.

The acceptance of Austria and Romania would render the 1980 Convention applicable between Honduras and all EU Member States except Denmark.

The accession of Honduras to the 1980 Hague Convention on the Civil Aspects of International Child Abduction 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.

PROCEDURE – COMMITTEE RESPONSIBLE

Title	Council decision authorising Austria and Romania to accept, in the interest of the European Union, the accession of Honduras to the 1980 Hague Convention on the Civil Aspects of International Child Abduction
References	COM(2018)0528 – C8-0377/2018 – 2018/0278(NLE)
Date of consultation / request for consent	20.7.2018
Committee responsible        Date announced in plenary	JURI 10.9.2018
Rapporteurs        Date appointed	Mary Honeyball 24.9.2018
Discussed in committee	20.11.2018
Date adopted	6.12.2018
Result of final vote	+: –: 0:	22 0 0
Members present for the final vote	Joëlle Bergeron, Jean-Marie Cavada, Mady Delvaux, Rosa Estaràs Ferragut, Mary Honeyball, Julia Reda, Evelyn Regner, Pavel Svoboda, József Szájer, Axel Voss
Substitutes present for the final vote	Geoffroy Didier, Pascal Durand, Angel Dzhambazki, Ana Miranda, Jens Rohde, Virginie Rozière, Tiemo Wölken
Substitutes under Rule 200(2) present for the final vote	Lucy Anderson, Georges Bach, Kostadinka Kuneva, Jeroen Lenaers, Philippe Loiseau
Date tabled	11.12.2018

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

22	+
ALDE	Jean-Marie Cavada, Jens Rohde
ECR	Angel Dzhambazki
EFDD	Joëlle Bergeron
ENF	Philippe Loiseau
GUE/NGL	Kostadinka Kuneva
PPE	Georges Bach, Geoffroy Didier, Rosa Estaràs Ferragut, Jeroen Lenaers, Pavel Svoboda, József Szájer, Axel Voss
S&D	Lucy Anderson, Mady Delvaux, Mary Honeyball, Evelyn Regner, Virginie Rozière, Tiemo Wölken
VERTS/ALE	Pascal Durand, Ana Miranda, Julia Reda

0	-

0	0

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention