REPORT 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

23.11.2017 - (COM(2017)0360 – C8‑0234/2017 – 2017/0150(NLE)) - *

Committee on Legal Affairs
Rapporteur: Angel Dzhambazki

DRAFT 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

(COM(2017)0360 – C8‑0234/2017 – 2017/0150(NLE))

(Consultation)

The European Parliament,

–  having regard to the proposal for a Council decision (COM(2017)0360),

–  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 (C8‑0234/2017),

–  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 (A8-0364/2017),

1.  Approves 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;

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.

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.

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. Romania should thus make the declaration of acceptance concerning the accession of Chile, Iceland and Bahamas in the interest of the European Union.

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.

PROCEDURE – COMMITTEE RESPONSIBLE

Title	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
References	COM(2017)0360 – C8-0234/2017 – 2017/0150(NLE)
Date of consultation / request for consent	25.7.2017
Committee responsible        Date announced in plenary	JURI 11.9.2017
Committees asked for opinions        Date announced in plenary	LIBE 11.9.2017
Not delivering opinions        Date of decision	LIBE 11.7.2017
Rapporteurs        Date appointed	Angel Dzhambazki 12.7.2017
Date adopted	21.11.2017
Result of final vote	+: –: 0:	24 0 0
Members present for the final vote	Max Andersson, Joëlle Bergeron, Marie-Christine Boutonnet, Jean-Marie Cavada, Mady Delvaux, Rosa Estaràs Ferragut, Enrico Gasbarra, Lidia Joanna Geringer de Oedenberg, Sylvia-Yvonne Kaufmann, Gilles Lebreton, António Marinho e Pinto, Jiří Maštálka, Emil Radev, Julia Reda, Evelyn Regner, Pavel Svoboda, József Szájer, Axel Voss, Francis Zammit Dimech, Tadeusz Zwiefka
Substitutes present for the final vote	Isabella Adinolfi, Daniel Buda, Angelika Niebler, Tiemo Wölken
Substitutes under Rule 200(2) present for the final vote	John Flack, Emma McClarkin
Date tabled	23.11.2017

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

24	+
ALDE ECR EFDD ENF GUE/NGL PPE S&D VERTS/ALE	Jean-Marie Cavada, Antonio Marinho e Pinto John Flack, Emma McClarkin Isabella Adinolfi, Joëlle Bergeron Marie-Christine Boutonnet, Gilles Lebreton Jiří Maštálka Daniel Buda, Rosa Estaràs Ferragut, Emil Radev, József Szájer, Axel Voss, Francis Zammit Dimech, Tadeusz Zwiefka Mady Delvaux, Enrico Gasbarra, Lidia Joanna Geringer de Oedenberg, Sylvia-Yvonne Kaufmann, Evelyn Regner, Tiemo Wölken Max Andersson, Julia Reda

0	-

0	0

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention