# CE2010212EN.01045601.xml

| 5.8.2010 | EN | Official Journal of the European Union | CE 212/456 |
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5.8.2010

EN

Official Journal of the European Union

CE 212/456

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Thursday 7 May 2009Bilateral agreements between Member States and third countries on judgments and decisions in matrimonial matters, parental responsibility and maintenance obligations *

P6_TA(2009)0383

European Parliament legislative resolution of 7 May 2009 on the proposal for a Council regulation establishing a procedure for the negotiation and conclusion of bilateral agreements between Member States and third countries concerning sectoral matters and covering jurisdiction, recognition and enforcement of judgments and decisions in matrimonial matters, parental responsibility and maintenance obligations, and applicable law in matters relating to maintenance obligations (COM(2008)0894 – C6-0035/2009 – 2008/0266(CNS))

2010/C 212 E/58

(Consultation procedure)

The European Parliament,

The European Parliament

having regard to the Commission proposal to the Council (COM(2008)0894),

having regard to Articles 61(c), 65, 67(2) and 67(5) of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0035/2009),

having regard to Rule 51 of its Rules of Procedure,

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Legal Affairs (A6-0265/2009),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
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2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 4. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

4.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

| 5. | Instructs its President to forward its position to the Council and the Commission. |
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5.

Instructs its President to forward its position to the Council and the Commission.

| TEXT PROPOSED BY THE COMMISSION | AMENDMENT |
| --- | --- |
| Amendment 54 |
| Proposal for a regulation


  Title |
| | |
| Amendment 55 |
| Proposal for a regulation


  Recital 1 |
| (1) | Title IV of the Treaty establishing the European Community (hereinafter ‘the EC Treaty’) provides the legal basis for the adoption of Community legislation in the field of judicial cooperation in civil matters. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENT

Amendment 54

Amendment 54

Proposal for a regulation

Proposal for a regulation

Title

Title

Amendment 55

Amendment 55

Proposal for a regulation

Proposal for a regulation

Recital 1

Recital 1

(1)

Title IV of the Treaty establishing the European Community (hereinafter ‘the EC Treaty’) provides the legal basis for the adoption of Community legislation in the field of judicial cooperation in civil matters.

| (1) | Title IV
  of Part Three
  of the Treaty establishing the European Community (hereinafter ‘the EC Treaty’) provides the legal basis for the adoption of Community legislation in the field of judicial cooperation in civil matters. |
| --- | --- |

(1)

Title IV
  of Part Three
  of the Treaty establishing the European Community (hereinafter ‘the EC Treaty’) provides the legal basis for the adoption of Community legislation in the field of judicial cooperation in civil matters.

of Part Three

Amendment 56

Amendment 56

Proposal for a regulation

Proposal for a regulation

Recital 2

Recital 2

| (2) | Judicial cooperation in civil matters between Member States and third countries has traditionally been governed by agreements between Member States and third countries. |
| --- | --- |

(2)

Judicial cooperation in civil matters between Member States and third countries has traditionally been governed by agreements between Member States and third countries.

| (2) | Judicial cooperation in civil matters between Member States and third countries has traditionally been governed by agreements between Member States and third countries.
  Such agreements, of which there are a large number, often reflect special ties between a Member State and a particular third country and are intended to provide an adequate legal framework to meet the specific needs of the parties concerned. |
| --- | --- |

(2)

Judicial cooperation in civil matters between Member States and third countries has traditionally been governed by agreements between Member States and third countries.
  Such agreements, of which there are a large number, often reflect special ties between a Member State and a particular third country and are intended to provide an adequate legal framework to meet the specific needs of the parties concerned.

Such agreements, of which there are a large number, often reflect special ties between a Member State and a particular third country and are intended to provide an adequate legal framework to meet the specific needs of the parties concerned.

Amendment 57

Amendment 57

Proposal for a regulation

Proposal for a regulation

Recital 3

Recital 3

| (3) | Article 307 of the EC Treaty requires
  the elimination of
  any incompatibilities between the Community acquis and international agreements concluded by Member States
  and
  third countries. This may involve the need for re-negotiation of these agreements. |
| --- | --- |

(3)

Article 307 of the EC Treaty requires
  the elimination of
  any incompatibilities between the Community acquis and international agreements concluded by Member States
  and
  third countries. This may involve the need for re-negotiation of these agreements.

the elimination of

and

| (3) | Article 307 of the EC Treaty requires
  the Member States to take all appropriate steps to eliminate
  any incompatibilities between the Community acquis and international agreements concluded by Member States
  with
  third countries. This may involve the need for
  the
  re-negotiation of
  such
  agreements. |
| --- | --- |

(3)

Article 307 of the EC Treaty requires
  the Member States to take all appropriate steps to eliminate
  any incompatibilities between the Community acquis and international agreements concluded by Member States
  with
  third countries. This may involve the need for
  the
  re-negotiation of
  such
  agreements.

the Member States to take all appropriate steps to eliminate

with

the

such

Amendment 58

Amendment 58

Proposal for a regulation

Proposal for a regulation

Recital 4

Recital 4

| (4) | There may also be a need for the conclusion of new agreements with third countries
  governing
  areas of civil justice that come within the purview of Title IV of the EC Treaty. |
| --- | --- |

(4)

There may also be a need for the conclusion of new agreements with third countries
  governing
  areas of civil justice that come within the purview of Title IV of the EC Treaty.

governing

| (4) | In order to provide an adequate legal framework to meet the specific needs of a given Member State in its relations with a third country,
  there may also be a
  manifest
  need for the conclusion of new agreements with third countries
  relating to
  areas of civil justice that come within the purview of Title IV
  of Part Three
  of the EC Treaty. |
| --- | --- |

(4)

In order to provide an adequate legal framework to meet the specific needs of a given Member State in its relations with a third country,
  there may also be a
  manifest
  need for the conclusion of new agreements with third countries
  relating to
  areas of civil justice that come within the purview of Title IV
  of Part Three
  of the EC Treaty.

In order to provide an adequate legal framework to meet the specific needs of a given Member State in its relations with a third country,

manifest

relating to

of Part Three

.

Amendment 59

Amendment 59

Proposal for a regulation

Proposal for a regulation

Recital 5

Recital 5

| (5) | The
  ECJ
  confirmed in its Opinion 1/03 of 7 February 2006 relating to the conclusion of the new Lugano Convention, that the Community has acquired exclusive
  external
  competence to
  negotiate and
  conclude international
  agreements
  with third countries
  on a number of important subject matters referred to in Title IV of the EC Treaty. In particular, the Court confirmed that the Community has acquired exclusive competence to conclude international agreements with third countries,
  on matters affecting the rules
  set out inter alia
  in Regulation (EC) No 44/2001 (‘Brussels I’), in particular
  on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. |
| --- | --- |

(5)

The
  ECJ
  confirmed in its Opinion 1/03 of 7 February 2006 relating to the conclusion of the new Lugano Convention, that the Community has acquired exclusive
  external
  competence to
  negotiate and
  conclude international
  agreements
  with third countries
  on a number of important subject matters referred to in Title IV of the EC Treaty. In particular, the Court confirmed that the Community has acquired exclusive competence to conclude international agreements with third countries,
  on matters affecting the rules
  set out inter alia
  in Regulation (EC) No 44/2001 (‘Brussels I’), in particular
  on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

ECJ

external

negotiate and

agreements

on a number of important subject matters referred to in Title IV of the EC Treaty. In particular, the Court confirmed that the Community has acquired exclusive competence to conclude international agreements with third countries,

set out inter alia

(‘Brussels I’), in particular

| (5) | The
  Court of Justice of the European Communities
  confirmed in its Opinion 1/03 of 7 February 2006 relating to the conclusion of the new Lugano Convention that the Community has acquired exclusive competence to conclude
  an
  international
  agreement such as the Lugano Convention
  with third countries on matters affecting the rules in
  Council
  Regulation (EC) No 44/2001
  of 22 December 2000
  on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (1) (‘Brussels I’). |
| --- | --- |

(5)

The
  Court of Justice of the European Communities
  confirmed in its Opinion 1/03 of 7 February 2006 relating to the conclusion of the new Lugano Convention that the Community has acquired exclusive competence to conclude
  an
  international
  agreement such as the Lugano Convention
  with third countries on matters affecting the rules in
  Council
  Regulation (EC) No 44/2001
  of 22 December 2000
  on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (1) (‘Brussels I’).

Court of Justice of the European Communities

an

agreement such as the Lugano Convention

Council

of 22 December 2000

1

Amendment 60

Amendment 60

Proposal for a regulation

Proposal for a regulation

Recital 6

Recital 6

| (6) | Thus
  , pursuant to Article 300 of the EC Treaty,
  it is for the Community to conclude such
  agreements between the Community and a third country
  , as far as Community competence is concerned
  . |
| --- | --- |

(6)

Thus
  , pursuant to Article 300 of the EC Treaty,
  it is for the Community to conclude such
  agreements between the Community and a third country
  , as far as Community competence is concerned
  .

Thus

it is for the Community to conclude such

, as far as Community competence is concerned

| (6) | It is for the Community to conclude
  , pursuant to Article 300 of the EC Treaty, agreements between the Community and a third country
  on matters falling within the exclusive competence of the Community. |
| --- | --- |

(6)

It is for the Community to conclude
  , pursuant to Article 300 of the EC Treaty, agreements between the Community and a third country
  on matters falling within the exclusive competence of the Community.

It is for the Community to conclude

on matters falling within the exclusive competence of the Community.

Amendment 61

Amendment 61

Proposal for a regulation

Proposal for a regulation

Recital 7

Recital 7

| (7) | Article 10 of the EC Treaty requires Member States to facilitate achievement of the Community's tasks and to abstain from any measure which could jeopardize the attainment of the objectives of the Treaty. This duty of
  genuine
  cooperation is of general application and does not depend on whether the Community competence is exclusive or not. |
| --- | --- |

(7)

Article 10 of the EC Treaty requires Member States to facilitate achievement of the Community's tasks and to abstain from any measure which could jeopardize the attainment of the objectives of the Treaty. This duty of
  genuine
  cooperation is of general application and does not depend on whether the Community competence is exclusive or not.

genuine

| (7) | Article 10 of the EC Treaty requires Member States to facilitate
  the
  achievement of the Community's tasks and to abstain from any measure which could jeopardise the attainment of the objectives of the Treaty. This duty of
  loyal
  cooperation is of general application and does not depend on whether the Community competence is exclusive or not. |
| --- | --- |

(7)

Article 10 of the EC Treaty requires Member States to facilitate
  the
  achievement of the Community's tasks and to abstain from any measure which could jeopardise the attainment of the objectives of the Treaty. This duty of
  loyal
  cooperation is of general application and does not depend on whether the Community competence is exclusive or not.

the

loyal

Amendment 62

Amendment 62

Proposal for a regulation

Proposal for a regulation

Recital 8

Recital 8

| (8) | An assessment is needed of whether there currently exists sufficient Community interest in replacing all existing or proposed bilateral agreements between Member States and third countries with Community agreements. Consequently, it is necessary to establish a procedure with a twofold purpose. The first is to allow the Community to assess whether there is such sufficient Community interest in the conclusion of a particular bilateral agreement. The second is to authorise Member States to conclude the agreement at issue if there is no current Community interest in the conclusion of such an agreement. |
| --- | --- |

(8)

(8)

An assessment is needed of whether there currently exists sufficient Community interest in replacing all existing or proposed bilateral agreements between Member States and third countries with Community agreements. Consequently, it is necessary to establish a procedure with a twofold purpose. The first is to allow the Community to assess whether there is such sufficient Community interest in the conclusion of a particular bilateral agreement. The second is to authorise Member States to conclude the agreement at issue if there is no current Community interest in the conclusion of such an agreement.

An assessment is needed of whether there currently exists sufficient Community interest in replacing all existing or proposed bilateral agreements between Member States and third countries with Community agreements. Consequently, it is necessary to establish a procedure with a twofold purpose. The first is to allow the Community to assess whether there is such sufficient Community interest in the conclusion of a particular bilateral agreement. The second is to authorise Member States to conclude the agreement at issue if there is no current Community interest in the conclusion of such an agreement.

deleted

deleted

Amendment 43

Amendment 43

Proposal for a regulation

Proposal for a regulation

Recital 9

Recital 9

| (9) | A coherent and transparent procedure should be established to authorise Member
  States
  to amend existing
  agreements with third countries
  or to negotiate and conclude new
  agreements in exceptional circumstances
  , in particular where the Community itself has not indicated its intention to exercise its external competences to conclude
  the
  agreement. This procedure is without prejudice to the exclusive competence of the Community and the provisions of Articles 300 and 307 of the EC Treaty.
  Because it derogates from the rule that the Community is exclusively competent to conclude international agreements on these matters, the proposed procedure
  must be regarded as an exceptional measure and must be limited in scope and in time. |
| --- | --- |

(9)

A coherent and transparent procedure should be established to authorise Member
  States
  to amend existing
  agreements with third countries
  or to negotiate and conclude new
  agreements in exceptional circumstances
  , in particular where the Community itself has not indicated its intention to exercise its external competences to conclude
  the
  agreement. This procedure is without prejudice to the exclusive competence of the Community and the provisions of Articles 300 and 307 of the EC Treaty.
  Because it derogates from the rule that the Community is exclusively competent to conclude international agreements on these matters, the proposed procedure
  must be regarded as an exceptional measure and must be limited in scope and in time.

States

agreements with third countries

agreements in exceptional circumstances

the

Because it derogates from the rule that the Community is exclusively competent to conclude international agreements on these matters, the proposed procedure

| (9) | With regard to agreements with third countries on particular matters of civil justice falling within the exclusive competence of the Community,
  a coherent and transparent procedure should be established to authorise
  a
  Member
  State
  to amend
  an
  existing agreement or to negotiate and conclude
  a
  new
  agreement
  , in particular where the Community itself has not indicated its intention to exercise its external competences to conclude
  an
  agreement
  by way of an already existing negotiating mandate or a proposed negotiating mandate
  . This procedure is without prejudice to the exclusive competence of the Community and the provisions of Articles 300 and 307 of the EC Treaty.
  It
  must be regarded as an exceptional measure and must be limited in scope and in time. |
| --- | --- |

(9)

With regard to agreements with third countries on particular matters of civil justice falling within the exclusive competence of the Community,
  a coherent and transparent procedure should be established to authorise
  a
  Member
  State
  to amend
  an
  existing agreement or to negotiate and conclude
  a
  new
  agreement
  , in particular where the Community itself has not indicated its intention to exercise its external competences to conclude
  an
  agreement
  by way of an already existing negotiating mandate or a proposed negotiating mandate
  . This procedure is without prejudice to the exclusive competence of the Community and the provisions of Articles 300 and 307 of the EC Treaty.
  It
  must be regarded as an exceptional measure and must be limited in scope and in time.

With regard to agreements with third countries on particular matters of civil justice falling within the exclusive competence of the Community,

a

State

an

a

agreement

an

by way of an already existing negotiating mandate or a proposed negotiating mandate

It

Amendment 44

Amendment 44

Proposal for a regulation

Proposal for a regulation

Recital 9 a (new)

Recital 9 a (new)

| (9a) | This Regulation should not apply if the Community has already concluded an agreement with the third country or third countries concerned on the same subject matter. Two agreements should be considered to concern the same subject matter only if and to the extent that they regulate in substance the same specific legal matter. Provisions simply stating a general intention to cooperate on such issues should not be considered as concerning the same subject matter. |
| --- | --- |

(9a)

(9a)

This Regulation should not apply if the Community has already concluded an agreement with the third country or third countries concerned on the same subject matter. Two agreements should be considered to concern the same subject matter only if and to the extent that they regulate in substance the same specific legal matter. Provisions simply stating a general intention to cooperate on such issues should not be considered as concerning the same subject matter.

This Regulation should not apply if the Community has already concluded an agreement with the third country or third countries concerned on the same subject matter. Two agreements should be considered to concern the same subject matter only if and to the extent that they regulate in substance the same specific legal matter. Provisions simply stating a general intention to cooperate on such issues should not be considered as concerning the same subject matter.

Amendment 65

Amendment 65

Proposal for a regulation

Proposal for a regulation

Recital 9 b (new)

Recital 9 b (new)

| (9b) | Certain regional agreements referred to in existing Community legal acts should be covered by this Regulation. |
| --- | --- |

(9b)

(9b)

Certain regional agreements referred to in existing Community legal acts should be covered by this Regulation.

Certain regional agreements referred to in existing Community legal acts should be covered by this Regulation.

Amendment 46

Amendment 46

Proposal for a regulation

Proposal for a regulation

Recital 9 c (new)

Recital 9 c (new)

| (9c) | The Commission should define priorities with a view to developing the Community’s external relations in the area of judicial cooperation in civil and commercial matters, in accordance with guidelines that the Council may adopt in the future. |
| --- | --- |

(9c)

(9c)

The Commission should define priorities with a view to developing the Community’s external relations in the area of judicial cooperation in civil and commercial matters, in accordance with guidelines that the Council may adopt in the future.

The Commission should define priorities with a view to developing the Community’s external relations in the area of judicial cooperation in civil and commercial matters, in accordance with guidelines that the Council may adopt in the future.

Amendment 66

Amendment 66

Proposal for a regulation

Proposal for a regulation

Recital 10

Recital 10

| (10) | The present Regulation should be limited to agreements concerning sectoral matters related to the fields of jurisdiction, recognition and enforcement of judgments and decisions in matrimonial matters, parental responsibility and maintenance obligations and to the applicable law in matters relating to maintenance obligations. |
| --- | --- |

(10)

(10)

The present Regulation should be limited to agreements concerning sectoral matters related to the fields of jurisdiction, recognition and enforcement of judgments and decisions in matrimonial matters, parental responsibility and maintenance obligations and to the applicable law in matters relating to maintenance obligations.

The present Regulation should be limited to agreements concerning sectoral matters related to the fields of jurisdiction, recognition and enforcement of judgments and decisions in matrimonial matters, parental responsibility and maintenance obligations and to the applicable law in matters relating to maintenance obligations.

deleted

deleted

Amendment 67

Amendment 67

Proposal for a regulation

Proposal for a regulation

Recital 11

Recital 11

| (11) | In order to ensure that an agreement
  proposed
  by a Member State does not render Community law ineffective and undermine the proper functioning of the system established by its rules,
  authorisation
  should be required
  both in order to start
  or continue negotiations
  and
  to conclude an agreement.
  This will enable
  the Commission to assess the expected impact of the
  (possible)
  outcome of negotiations
  on Community law. In relevant cases, the Commission can propose negotiating guidelines or request the inclusion of particular clauses in the proposed agreements. |
| --- | --- |

(11)

In order to ensure that an agreement
  proposed
  by a Member State does not render Community law ineffective and undermine the proper functioning of the system established by its rules,
  authorisation
  should be required
  both in order to start
  or continue negotiations
  and
  to conclude an agreement.
  This will enable
  the Commission to assess the expected impact of the
  (possible)
  outcome of negotiations
  on Community law. In relevant cases, the Commission can propose negotiating guidelines or request the inclusion of particular clauses in the proposed agreements.

proposed

authorisation

both in order to start

and

This will enable

(possible)

on Community law. In relevant cases, the Commission can propose negotiating guidelines or request the inclusion of particular clauses in the proposed agreements.

| (11) | In order to ensure that an agreement
  envisaged
  by a Member State does not render Community law ineffective and
  does not
  undermine the proper functioning of the system established by its rules,
  as well as to ensure that it does not undermine the Community's external relations policy as decided by the Community, the Member State concerned
  should be required
  to notify the Commission of its intentions with a view to obtaining an authorisation to open
  or continue
  formal
  negotiations
  on an agreement as well as
  to conclude an agreement.
  Such a notification should be made by letter or by electronic means. It should contain all relevant information and documentation enabling
  the Commission to assess the expected impact
  on Community law
  of the outcome of
  the
  negotiations. |
| --- | --- |

(11)

In order to ensure that an agreement
  envisaged
  by a Member State does not render Community law ineffective and
  does not
  undermine the proper functioning of the system established by its rules,
  as well as to ensure that it does not undermine the Community's external relations policy as decided by the Community, the Member State concerned
  should be required
  to notify the Commission of its intentions with a view to obtaining an authorisation to open
  or continue
  formal
  negotiations
  on an agreement as well as
  to conclude an agreement.
  Such a notification should be made by letter or by electronic means. It should contain all relevant information and documentation enabling
  the Commission to assess the expected impact
  on Community law
  of the outcome of
  the
  negotiations.

envisaged

does not

as well as to ensure that it does not undermine the Community's external relations policy as decided by the Community, the Member State concerned

to notify the Commission of its intentions with a view to obtaining an authorisation to open

formal

on an agreement as well as

Such a notification should be made by letter or by electronic means. It should contain all relevant information and documentation enabling

on Community law

the

Amendment 47

Amendment 47

Proposal for a regulation

Proposal for a regulation

Recital 11 a (new)

Recital 11 a (new)

| (11a) | An assessment should be made of whether there is a Community interest in concluding a bilateral agreement between the Community and the third country concerned or, where appropriate, if there is a Community interest in replacing an existing bilateral agreement between a Member State and a third country by a Community agreement.




  To that end, all Member States should be informed of any notification received by the Commission concerning an agreement proposed by a given Member State, in order to allow them to demonstrate their interest in joining the initiative of the notifying Member State. If, from this exchange of information, a Community interest were to emerge, the Commission should consider proposing a negotiating mandate with a view to the conclusion of an agreement between the Community and the third country concerned. |
| --- | --- |

(11a)

(11a)

An assessment should be made of whether there is a Community interest in concluding a bilateral agreement between the Community and the third country concerned or, where appropriate, if there is a Community interest in replacing an existing bilateral agreement between a Member State and a third country by a Community agreement.

An assessment should be made of whether there is a Community interest in concluding a bilateral agreement between the Community and the third country concerned or, where appropriate, if there is a Community interest in replacing an existing bilateral agreement between a Member State and a third country by a Community agreement.

To that end, all Member States should be informed of any notification received by the Commission concerning an agreement proposed by a given Member State, in order to allow them to demonstrate their interest in joining the initiative of the notifying Member State. If, from this exchange of information, a Community interest were to emerge, the Commission should consider proposing a negotiating mandate with a view to the conclusion of an agreement between the Community and the third country concerned.

To that end, all Member States should be informed of any notification received by the Commission concerning an agreement proposed by a given Member State, in order to allow them to demonstrate their interest in joining the initiative of the notifying Member State. If, from this exchange of information, a Community interest were to emerge, the Commission should consider proposing a negotiating mandate with a view to the conclusion of an agreement between the Community and the third country concerned.

Amendment 69

Amendment 69

Proposal for a regulation

Proposal for a regulation

Recital 11 b (new)

Recital 11 b (new)

| (11b) | If the Commission requests additional information from a Member State in connection with its assessment as to whether that Member State should be authorised to open negotiations with a third country or third countries, such a request should not affect the length of the period within which the Commission must give a reasoned decision on the application of that Member State to open such negotiations. |
| --- | --- |

(11b)

(11b)

If the Commission requests additional information from a Member State in connection with its assessment as to whether that Member State should be authorised to open negotiations with a third country or third countries, such a request should not affect the length of the period within which the Commission must give a reasoned decision on the application of that Member State to open such negotiations.

If the Commission requests additional information from a Member State in connection with its assessment as to whether that Member State should be authorised to open negotiations with a third country or third countries, such a request should not affect the length of the period within which the Commission must give a reasoned decision on the application of that Member State to open such negotiations.

Amendment 70

Amendment 70

Proposal for a regulation

Proposal for a regulation

Recital 11 c (new)

Recital 11 c (new)

| (11c) | When authorising the opening of formal negotiations, the Commission should, where appropriate, be able to propose negotiating guidelines or request the inclusion of particular clauses in the proposed agreement. The Commission should be kept fully informed throughout the different stages of the negotiations as far as matters falling within the scope of this Regulation are concerned and may be allowed to participate as an observer in relation to those matters. |
| --- | --- |

(11c)

(11c)

When authorising the opening of formal negotiations, the Commission should, where appropriate, be able to propose negotiating guidelines or request the inclusion of particular clauses in the proposed agreement. The Commission should be kept fully informed throughout the different stages of the negotiations as far as matters falling within the scope of this Regulation are concerned and may be allowed to participate as an observer in relation to those matters.

When authorising the opening of formal negotiations, the Commission should, where appropriate, be able to propose negotiating guidelines or request the inclusion of particular clauses in the proposed agreement. The Commission should be kept fully informed throughout the different stages of the negotiations as far as matters falling within the scope of this Regulation are concerned and may be allowed to participate as an observer in relation to those matters.

Amendment 48

Amendment 48

Proposal for a regulation

Proposal for a regulation

Recital 11 d (new)

Recital 11 d (new)

| (11d) | When notifying the Commission of their intention to enter into negotiations with a third country, Member States need to inform the Commission of elements which are of relevance for the assessment which it needs to make. An authorisation by the Commission and any possible negotiating guidelines or, as the case may be, a refusal by the Commission should concern only matters falling within the scope of this Regulation. |
| --- | --- |

(11d)

(11d)

When notifying the Commission of their intention to enter into negotiations with a third country, Member States need to inform the Commission of elements which are of relevance for the assessment which it needs to make. An authorisation by the Commission and any possible negotiating guidelines or, as the case may be, a refusal by the Commission should concern only matters falling within the scope of this Regulation.

When notifying the Commission of their intention to enter into negotiations with a third country, Member States need to inform the Commission of elements which are of relevance for the assessment which it needs to make. An authorisation by the Commission and any possible negotiating guidelines or, as the case may be, a refusal by the Commission should concern only matters falling within the scope of this Regulation.

Amendment 49

Amendment 49

Proposal for a regulation

Proposal for a regulation

Recital 11 e (new)

Recital 11 e (new)

| (11e) | The European Parliament, the Council and the Member States should be informed of any notification to the Commission concerning proposed or negotiated agreements and of any reasoned decision by the Commission under this Regulation. Such information should however fully comply with any applicable confidentiality requirements. |
| --- | --- |

(11e)

(11e)

The European Parliament, the Council and the Member States should be informed of any notification to the Commission concerning proposed or negotiated agreements and of any reasoned decision by the Commission under this Regulation. Such information should however fully comply with any applicable confidentiality requirements.

The European Parliament, the Council and the Member States should be informed of any notification to the Commission concerning proposed or negotiated agreements and of any reasoned decision by the Commission under this Regulation. Such information should however fully comply with any applicable confidentiality requirements.

Amendment 73

Amendment 73

Proposal for a regulation

Proposal for a regulation

Recital 11 f (new)

Recital 11 f (new)

| (11f) | The European Parliament, the Council and the Commission should ensure that any information identified as confidential is treated in accordance with Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (2). |
| --- | --- |

(11f)

(11f)

The European Parliament, the Council and the Commission should ensure that any information identified as confidential is treated in accordance with Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (2).

The European Parliament, the Council and the Commission should ensure that any information identified as confidential is treated in accordance with Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (2

Amendment 74

Amendment 74

Proposal for a regulation

Proposal for a regulation

Recital 11 g (new)

Recital 11 g (new)

| (11g) | In situations where the Commission, on the basis of its assessments, intends not to authorise the opening of formal negotiations or the conclusion of a negotiated agreement, the Commission should, before giving its reasoned decision, issue an opinion to the Member State concerned. In the case of the conclusion of a negotiated agreement, the opinion should be addressed to the European Parliament and to the Council. |
| --- | --- |

(11g)

(11g)

In situations where the Commission, on the basis of its assessments, intends not to authorise the opening of formal negotiations or the conclusion of a negotiated agreement, the Commission should, before giving its reasoned decision, issue an opinion to the Member State concerned. In the case of the conclusion of a negotiated agreement, the opinion should be addressed to the European Parliament and to the Council.

In situations where the Commission, on the basis of its assessments, intends not to authorise the opening of formal negotiations or the conclusion of a negotiated agreement, the Commission should, before giving its reasoned decision, issue an opinion to the Member State concerned. In the case of the conclusion of a negotiated agreement, the opinion should be addressed to the European Parliament and to the Council.

Amendment 75

Amendment 75

Proposal for a regulation

Proposal for a regulation

Recital 12

Recital 12

| (12) | In order to ensure that the agreement does not constitute an obstacle to the implementation of the Community's external policy on judicial cooperation in civil and commercial matters, the agreement should provide for its denunciation
  , when
  a
  Community
  agreement
  with
  the same third country on the same subject
  matters is concluded. |
| --- | --- |

(12)

In order to ensure that the agreement does not constitute an obstacle to the implementation of the Community's external policy on judicial cooperation in civil and commercial matters, the agreement should provide for its denunciation
  , when
  a
  Community
  agreement
  with
  the same third country on the same subject
  matters is concluded.

, when

Community

with

matters is concluded.

| (12) | In order to ensure that the
  negotiated
  agreement does not constitute an obstacle to the implementation of the Community's external policy on judicial cooperation in civil and commercial matters, the agreement should provide for
  either
  its denunciation
  in part or in full in the event of
  a
  subsequent
  agreement
  between the Community or the Community and its Member States and
  the same third country on the same subject
  matter or for the direct replacement of the relevant provisions by the provisions of such a subsequent agreement. |
| --- | --- |

(12)

In order to ensure that the
  negotiated
  agreement does not constitute an obstacle to the implementation of the Community's external policy on judicial cooperation in civil and commercial matters, the agreement should provide for
  either
  its denunciation
  in part or in full in the event of
  a
  subsequent
  agreement
  between the Community or the Community and its Member States and
  the same third country on the same subject
  matter or for the direct replacement of the relevant provisions by the provisions of such a subsequent agreement.

negotiated

either

in part or in full in the event of

subsequent

between the Community or the Community and its Member States and

matter or for the direct replacement of the relevant provisions by the provisions of such a subsequent agreement.

Amendment 76

Amendment 76

Proposal for a regulation

Proposal for a regulation

Recital 13

Recital 13

| (13) | It is necessary to provide
  for transitional measures to cover situations where, at the time of the entry into force of this Regulation,
  Member States are
  in the process of
  negotiations
  with a third country or
  have
  concluded the negotiations but
  have
  not yet expressed
  their
  consent to be bound by the agreement. |
| --- | --- |

(13)

It is necessary to provide
  for transitional measures to cover situations where, at the time of the entry into force of this Regulation,
  Member States are
  in the process of
  negotiations
  with a third country or
  have
  concluded the negotiations but
  have
  not yet expressed
  their
  consent to be bound by the agreement.

It is necessary to provide

Member States are

negotiations

have

have

their

| (13) | Provision should be made
  for transitional measures to cover situations where, at the time of the entry into force of this Regulation,
  a Member State is
  in the process of
  negotiating
  with a third country or
  has
  concluded the negotiations but not yet expressed
  its
  consent to be bound by the agreement. |
| --- | --- |

(13)

Provision should be made
  for transitional measures to cover situations where, at the time of the entry into force of this Regulation,
  a Member State is
  in the process of
  negotiating
  with a third country or
  has
  concluded the negotiations but not yet expressed
  its
  consent to be bound by the agreement.

Provision should be made

a Member State is

negotiating

has

its

Amendment 77

Amendment 77

Proposal for a regulation

Proposal for a regulation

Recital 13 a (new)

Recital 13 a (new)

| (13a) | In order to ensure that sufficient experience has been gathered on the application of this Regulation, the Commission should submit its report no earlier than 8 years after its adoption. In its report, exercising its prerogatives, the Commission should confirm the temporary nature of this Regulation or examine whether this Regulation should be replaced by another covering the same subject matters or including also other matters falling within the exclusive competence of the Community and governed by other Community instruments. |
| --- | --- |

(13a)

(13a)

In order to ensure that sufficient experience has been gathered on the application of this Regulation, the Commission should submit its report no earlier than 8 years after its adoption. In its report, exercising its prerogatives, the Commission should confirm the temporary nature of this Regulation or examine whether this Regulation should be replaced by another covering the same subject matters or including also other matters falling within the exclusive competence of the Community and governed by other Community instruments.

In order to ensure that sufficient experience has been gathered on the application of this Regulation, the Commission should submit its report no earlier than 8 years after its adoption. In its report, exercising its prerogatives, the Commission should confirm the temporary nature of this Regulation or examine whether this Regulation should be replaced by another covering the same subject matters or including also other matters falling within the exclusive competence of the Community and governed by other Community instruments.

Amendment 78

Amendment 78

Proposal for a regulation

Proposal for a regulation

Recital 13 b (new)

Recital 13 b (new)

| (13b) | If the report to be submitted by the Commission confirms the temporary nature of this Regulation, a Member State should still, after the submission of the report, be able to notify the Commission of ongoing or already announced negotiations with a view to obtaining an authorisation to open formal negotiations. |
| --- | --- |

(13b)

(13b)

If the report to be submitted by the Commission confirms the temporary nature of this Regulation, a Member State should still, after the submission of the report, be able to notify the Commission of ongoing or already announced negotiations with a view to obtaining an authorisation to open formal negotiations.

If the report to be submitted by the Commission confirms the temporary nature of this Regulation, a Member State should still, after the submission of the report, be able to notify the Commission of ongoing or already announced negotiations with a view to obtaining an authorisation to open formal negotiations.

Amendment 79

Amendment 79

Proposal for a regulation

Proposal for a regulation

Recital 14

Recital 14

| (14) | The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission. |
| --- | --- |

(14)

(14)

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission.

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission.

deleted

deleted

Amendment 80

Amendment 80

Proposal for a regulation

Proposal for a regulation

Recital 15

Recital 15

| (15) | In accordance with the principle of proportionality, as set out in Article 5 of the Treaty, this Regulation does not go beyond what is necessary in order to achieve its objective. |
| --- | --- |

(15)

In accordance with the principle of proportionality, as set out in Article 5 of the Treaty, this Regulation does not go beyond what is necessary in order to achieve its objective.

| (15) | In accordance with the principle of proportionality, as set out in Article 5 of the
  EC
  Treaty, this Regulation does not go beyond what is necessary in order to achieve its objective. |
| --- | --- |

(15)

In accordance with the principle of proportionality, as set out in Article 5 of the
  EC
  Treaty, this Regulation does not go beyond what is necessary in order to achieve its objective.

EC

Amendment 81

Amendment 81

Proposal for a regulation

Proposal for a regulation

Recital 16

Recital 16

| (16) | The United Kingdom and Ireland,
  in accordance with Article 3 of the Protocol on the Position of the United Kingdom and Ireland annexed to the Treaty on European Union and the Treaty establishing the European Community,
  are taking
  part in the adoption and application of this Regulation
  , in so far as they took part in the adoption and application of the Regulations covered by this Regulation or have accepted the former Regulations after their adoption. |
| --- | --- |

(16)

The United Kingdom and Ireland,
  in accordance with Article 3 of the Protocol on the Position of the United Kingdom and Ireland annexed to the Treaty on European Union and the Treaty establishing the European Community,
  are taking
  part in the adoption and application of this Regulation
  , in so far as they took part in the adoption and application of the Regulations covered by this Regulation or have accepted the former Regulations after their adoption.

The United Kingdom and Ireland,

are taking

, in so far as they took part in the adoption and application of the Regulations covered by this Regulation or have accepted the former Regulations after their adoption.

| (16) | In accordance with Article 3 of the Protocol on the Position of the United Kingdom and Ireland annexed to the Treaty on European Union and to the Treaty establishing the European Community,
  the United Kingdom and Ireland have given notice of their wish to take
  part in the adoption and application of this Regulation
  . |
| --- | --- |

(16)

In accordance with Article 3 of the Protocol on the Position of the United Kingdom and Ireland annexed to the Treaty on European Union and to the Treaty establishing the European Community,
  the United Kingdom and Ireland have given notice of their wish to take
  part in the adoption and application of this Regulation
  .

the United Kingdom and Ireland have given notice of their wish to take

.

Amendment 82

Amendment 82

Proposal for a regulation

Proposal for a regulation

Article 1 – paragraph 1

Article 1 – paragraph 1

1.   This Regulation establishes a procedure to authorise a Member State to amend an existing
  bilateral
  agreement
  between that Member State and a third country
  , or to negotiate and conclude a new
  bilateral
  agreement subject to the conditions laid down in the following provisions.

bilateral

between that Member State and a third country

bilateral

1.   This Regulation establishes a procedure to authorise a Member State to amend an existing agreement, or to negotiate and conclude a new agreement subject to the conditions laid down in the following provisions.

This procedure is without prejudice to the respective competences of the Community and its Member States.

This procedure is without prejudice to the respective competences of the Community and its Member States.

Amendment 83

Amendment 83

Proposal for a regulation

Proposal for a regulation

Article 1 – paragraph 2

Article 1 – paragraph 2

2.   This Regulation shall apply to
  bilateral
  agreements
  between Member States and third countries
  concerning
  sectoral
  matters
  and covering jurisdiction, recognition and enforcement of judgements and decisions in matrimonial matters, parental responsibility and maintenance obligations and applicable law in matters relating to maintenance obligations
  .

bilateral

between Member States and third countries

sectoral

and covering jurisdiction, recognition and enforcement of judgements and decisions in matrimonial matters, parental responsibility and maintenance obligations and applicable law in matters relating to maintenance obligations

2.   This Regulation shall apply to agreements concerning matters
  falling, wholly or partly, within the scope of Regulation (EC) No 2201/2003 (3) and Regulation (EC) No 4/2009 (4), to the extent that those matters fall within the exclusive competence of the Community.

falling, wholly or partly, within the scope of Regulation (EC) No 2201/2003 (3

4

Amendment 84

Amendment 84

Proposal for a regulation

Proposal for a regulation

Article 1 – paragraph 2 a (new)

Article 1 – paragraph 2 a (new)

2a.
     
  This Regulation shall not apply if the Community has already concluded an agreement with the third country or third countries concerned on the same subject matter.

2a.

This Regulation shall not apply if the Community has already concluded an agreement with the third country or third countries concerned on the same subject matter.

Amendment 85

Amendment 85

Proposal for a regulation

Proposal for a regulation

Article 2 – paragraph 1

Article 2 – paragraph 1

1.   For the purposes of this Regulation, the term ‘agreement’ shall
  be understood as meaning
  bilateral agreement between a Member State and a third country.

be understood as meaning

1.   For the purposes of this Regulation, the term ‘agreement’ shall
  mean
  :

mean

| (a) | a bilateral agreement between a Member State and a third country
  ; |
| --- | --- |

(a)

(a)

a bilateral agreement between a Member State and a third country
  ;

;

| (b) | the regional agreements referred to in Article 59(2)(a) of Regulation (EC) No 2201/2003, without prejudice to Articles 59(2)(c) and 59(3) of that Regulation, and in Article 69(3) of Regulation (EC) No 4/2009
  . |
| --- | --- |

(b)

(b)

the regional agreements referred to in Article 59(2)(a) of Regulation (EC) No 2201/2003, without prejudice to Articles 59(2)(c) and 59(3) of that Regulation, and in Article 69(3) of Regulation (EC) No 4/2009
  .

the regional agreements referred to in Article 59(2)(a) of Regulation (EC) No 2201/2003, without prejudice to Articles 59(2)(c) and 59(3) of that Regulation, and in Article 69(3) of Regulation (EC) No 4/2009

Amendment 86

Amendment 86

Proposal for a regulation

Proposal for a regulation

Article 2 – paragraph 2

Article 2 – paragraph 2

2.   For the purposes of this Regulation, ‘Member State’ shall mean
  any Member State other than
  Denmark.

any Member State other than

2.   For the purposes of this Regulation, ‘Member State’ shall mean
  Member States with the exception of
  Denmark.

Member States with the exception of

Amendment 87

Amendment 87

Proposal for a regulation

Proposal for a regulation

Article 3 – paragraph 1

Article 3 – paragraph 1

1.   Where a Member State intends to enter into negotiations
  with a third country
  to amend an existing agreement or to conclude a new agreement falling within the scope of this Regulation, it shall notify the Commission of its intention
  in writing
  .

with a third country

in writing

1.   Where a Member State intends to enter into negotiations
  in order
  to amend an existing agreement or to conclude a new agreement falling within the scope of this Regulation, it shall notify the Commission
  in writing
  of its intention
  at the earliest possible moment before the envisaged opening of formal negotiations
  .

in order

in writing

at the earliest possible moment before the envisaged opening of formal negotiations

Amendment 88

Amendment 88

Proposal for a regulation

Proposal for a regulation

Article 3 – paragraph 2

Article 3 – paragraph 2

2.   The notification shall include a copy of the existing agreement, the draft agreement or the draft proposal
  by the third country concerned, if available
  , and any other relevant documentation. The Member State shall describe the
  objectives
  of the negotiations and shall specify the issues which are to be addressed, or the provisions of the existing agreement, which are to be amended
  , and shall
  provide any other
  relevant
  information.

by the third country concerned, if available

objectives

, and shall

relevant

2.   The notification shall include,
  as appropriate,
  a copy of the existing agreement, the draft agreement or the draft proposal, and any other relevant documentation. The Member State shall describe the
  subject matter
  of the negotiations and shall specify the issues which are to be addressed
  in the envisaged agreement
  , or the provisions of the existing agreement which are to be amended.
  The Member State may
  provide any other
  additional
  information.

as appropriate,

subject matter

in the envisaged agreement

The Member State may

additional

Amendment 89

Amendment 89

Proposal for a regulation

Proposal for a regulation

Article 3 – paragraph 3

Article 3 – paragraph 3

3.
     
  The notification shall be made at least three months before formal negotiations are scheduled to commence with the third country concerned.

3.

The notification shall be made at least three months before formal negotiations are scheduled to commence with the third country concerned.

deleted

deleted

Amendment 90

Amendment 90

Proposal for a regulation

Proposal for a regulation

Article 4 – paragraph 1

Article 4 – paragraph 1

1.   Upon notification, the Commission shall
  make an assessment as to
  whether the Member State
  can pursue
  negotiations
  with the third country concerned. If the Community has already concluded any agreement with the third country concerned on the same subject matters, the application of the Member State will be automatically rejected by the Commission.

make an assessment as to

can pursue

with the third country concerned. If the Community has already concluded any agreement with the third country concerned on the same subject matters, the application of the Member State will be automatically rejected by the Commission.

1.   Upon
  receipt of the
  notification, the Commission shall
  assess
  whether the Member State
  may open formal
  negotiations.

receipt of the

assess

may open formal

Amendment 91

Amendment 91

Proposal for a regulation

Proposal for a regulation

Article 4 – paragraph 2 — introductory part

Article 4 – paragraph 2 — introductory part

2.   
  If the Community has not yet concluded an agreement with the third country concerned,
  the Commission shall in making
  its
  assessment first check whether any relevant Community agreement with the third country concerned is
  expected in the near future
  . If this is not the case, the Commission
  may grant authorisation, provided that
  the following
  two
  conditions are met:

If the Community has not yet concluded an agreement with the third country concerned,

its

expected in the near future

may grant authorisation, provided that

two

2.   The Commission shall, in making
  this
  assessment, first check whether any relevant
  negotiating mandate with a view to a
  Community agreement with the third country
  or third countries
  concerned is
  specifically envisaged within the following 24 months
  . If this is not the case, the Commission
  shall assess whether all of
  the following conditions are met:

this

negotiating mandate with a view to a

or third countries

specifically envisaged within the following 24 months

shall assess whether all of

Amendment 92

Amendment 92

Proposal for a regulation

Proposal for a regulation

Article 4 – paragraph 2 — point a

Article 4 – paragraph 2 — point a

| (a) | the Member State concerned has
  demonstrated that there is
  a specific interest in concluding the
  bilateral sectoral
  agreement
  with the third country, related in particular to the existence of
  economic, geographic, cultural
  or
  historical ties between the Member State and
  that
  third country;
  and |
| --- | --- |

(a)

the Member State concerned has
  demonstrated that there is
  a specific interest in concluding the
  bilateral sectoral
  agreement
  with the third country, related in particular to the existence of
  economic, geographic, cultural
  or
  historical ties between the Member State and
  that
  third country;
  and

demonstrated that there is

bilateral sectoral

with the third country, related in particular to the existence of

or

that

and

| (a) | the Member State concerned has
  provided information to the effect that it has
  a specific interest in concluding the agreement
  due to
  economic, geographic, cultural, historical
  , social or political
  ties between the Member State and
  the
  third country
  concerned
  ; |
| --- | --- |

(a)

the Member State concerned has
  provided information to the effect that it has
  a specific interest in concluding the agreement
  due to
  economic, geographic, cultural, historical
  , social or political
  ties between the Member State and
  the
  third country
  concerned
  ;

provided information to the effect that it has

due to

, social or political

the

concerned

Amendment 93

Amendment 93

Proposal for a regulation

Proposal for a regulation

Article 4 – paragraph 2 — point b

Article 4 – paragraph 2 — point b

| (b) | the Commission determines that the proposed
  agreement
  is of limited impact on the uniform and consistent application of the Community rules in place and on
  the proper functioning of the system established by
  those
  rules. |
| --- | --- |

(b)

the Commission determines that the proposed
  agreement
  is of limited impact on the uniform and consistent application of the Community rules in place and on
  the proper functioning of the system established by
  those
  rules.

the Commission determines that the proposed

is of limited impact on the uniform and consistent application of the Community rules in place and on

those

| (b) | on the basis of the information transmitted by the Member State, the proposed
  agreement
  appears not to render Community law ineffective and appears not to undermine
  the proper functioning of the system established by
  its
  rules
  ; and |
| --- | --- |

(b)

on the basis of the information transmitted by the Member State, the proposed
  agreement
  appears not to render Community law ineffective and appears not to undermine
  the proper functioning of the system established by
  its
  rules
  ; and

on the basis of the information transmitted by the Member State, the proposed

appears not to render Community law ineffective and appears not to undermine

its

; and

Amendment 94

Amendment 94

Proposal for a regulation

Proposal for a regulation

Article 4 – paragraph 2 — point b a (new)

Article 4 – paragraph 2 — point b a (new)

| (ba) | the proposed agreement would not undermine the object and purpose of the Community's external relations policy as decided by the Community. |
| --- | --- |

(ba)

(ba)

the proposed agreement would not undermine the object and purpose of the Community's external relations policy as decided by the Community.

the proposed agreement would not undermine the object and purpose of the Community's external relations policy as decided by the Community.

Amendment 95

Amendment 95

Proposal for a regulation

Proposal for a regulation

Article 4 – paragraph 2 a (new)

Article 4 – paragraph 2 a (new)

2a.
     
  If the information transmitted by the Member State is not sufficient for the purposes of making the assessment, the Commission may request additional information.

2a.

If the information transmitted by the Member State is not sufficient for the purposes of making the assessment, the Commission may request additional information.

Amendment 96

Amendment 96

Proposal for a regulation

Proposal for a regulation

Article 5 – paragraph 1 – subparagraph 1

Article 5 – paragraph 1 – subparagraph 1

1.   If the
  Commission concludes that there are no obstacles to the
  agreement
  in the light of
  the conditions referred to in
  Article 4, it may
  authorise
  a
  Member State to open negotiations on the agreement
  with the third country concerned
  . If necessary, the Commission may propose negotiating guidelines and
  can
  request the inclusion of particular clauses in the
  proposed
  agreement.

Commission concludes that there are no obstacles to the

in the light of

Article 4, it may

a

with the third country concerned

can

proposed

1.   If the
  proposed
  agreement
  meets
  the conditions referred to in
  Article 4(2)
  ,
  the Commission shall
  authorise
  the
  Member State to open
  formal
  negotiations on the agreement. If necessary, the Commission may propose negotiating guidelines and
  may
  request the inclusion of particular clauses in the
  envisaged
  agreement.

proposed

meets

Article 4(2)

the Commission shall

the

formal

may

envisaged

Amendment 97

Amendment 97

Proposal for a regulation

Proposal for a regulation

Article 5 – paragraph 1 – subparagraph 2

Article 5 – paragraph 1 – subparagraph 2

2.   The agreement shall
  provide for the
  clause
  on its
  denunciation in the event
  that
  the Community concludes
  an agreement with
  the same third country on the same subject matter.

provide for the

on its

that

an agreement with

2.   The agreement shall
  contain a
  clause
  providing for either:

contain a

providing for either:

| (a) | full or partial
  denunciation
  of the agreement
  in the event
  of a subsequent agreement between the Community or
  the Community
  and its Member States and
  the same third country
  or third countries
  on the same subject matter
  , or |
| --- | --- |

(a)

(a)

full or partial
  denunciation
  of the agreement
  in the event
  of a subsequent agreement between the Community or
  the Community
  and its Member States and
  the same third country
  or third countries
  on the same subject matter
  , or

full or partial

of the agreement

of a subsequent agreement between the Community or

and its Member States and

or third countries

, or

| (b) | direct replacement of the relevant provisions of the agreement by provisions of a subsequent agreement between the Community or the Community and its Member States and the third country or the third countries on the same subject matter. |
| --- | --- |

(b)

(b)

direct replacement of the relevant provisions of the agreement by provisions of a subsequent agreement between the Community or the Community and its Member States and the third country or the third countries on the same subject matter.

direct replacement of the relevant provisions of the agreement by provisions of a subsequent agreement between the Community or the Community and its Member States and the third country or the third countries on the same subject matter.

The agreement shall include
  the following
  clause
  : ‘(the name of Member State)
  will
  denounce
  the
  agreement when the European Community
  concludes
  an agreement with (the name of the third country) on the same
  subject
  matters of civil justice as governed by
  the present
  agreement’.

The agreement shall include

clause

will

the

concludes

subject

the present

The clause referred to in point (a) should be worded along
  the following
  lines
  : ‘(the name of the Member State)
  shall
  denounce
  this
  agreement
  in part or in full if and
  when the European Community
  or the European Community and its Member States conclude
  an agreement with (the name of the third country
  or third countries)
  on the same matters of civil justice as
  those
  governed by
  this
  agreement
  ’.

The clause referred to in point (a) should be worded along

lines

shall

this

in part or in full if and

or the European Community and its Member States conclude

or third countries)

those

this

’.

The clause referred to in point (b) should be worded along the following lines: ‘The agreement/provisions (specify) shall cease to be applicable on the day on which an agreement between the European Community or the European Community and its Member States and (the name of the third country or third countries) has entered into force in respect of the matters governed by the agreement/provisions’.

The clause referred to in point (b) should be worded along the following lines: ‘The agreement/provisions (specify) shall cease to be applicable on the day on which an agreement between the European Community or the European Community and its Member States and (the name of the third country or third countries) has entered into force in respect of the matters governed by the agreement/provisions’.

The Commission shall give a reasoned decision on the application of the Member State within 90 days of receipt of the notification referred to in Article 3.

The Commission shall give a reasoned decision on the application of the Member State within 90 days of receipt of the notification referred to in Article 3.

Amendment 98

Amendment 98

Proposal for a regulation

Proposal for a regulation

Article 5 – paragraph 3

Article 5 – paragraph 3

3.
     
  The Commission shall take a decision on the authorisation referred to in paragraphs 1 and 2 in accordance with the procedure referred to in Article 8(2).

3.

The Commission shall take a decision on the authorisation referred to in paragraphs 1 and 2 in accordance with the procedure referred to in Article 8(2).

deleted

deleted

The Commission shall give its decision on the application of the Member State within six months of receipt of the notification referred to in Article 3.

The Commission shall give its decision on the application of the Member State within six months of receipt of the notification referred to in Article 3.

Amendment 50

Amendment 50

Proposal for a regulation

Proposal for a regulation

Article 5 a (new)

Article 5 a (new)

Article 5a

Article 5a

Refusal to authorise the opening of formal negotiations

Refusal to authorise the opening of formal negotiations

1.
     
  If, on the basis of its assessment under Article 4, the Commission intends not to authorise the opening of formal negotiations on the proposed agreement, it shall issue an opinion to the Member State concerned within 90 days of receipt of the notification referred to in Article 3.

1.

If, on the basis of its assessment under Article 4, the Commission intends not to authorise the opening of formal negotiations on the proposed agreement, it shall issue an opinion to the Member State concerned within 90 days of receipt of the notification referred to in Article 3.

2.
     
  Within 30 days of the issuing of the Commission's opinion, the Member State concerned may ask the Commission to enter into discussions with it with a view to finding a solution.

2.

Within 30 days of the issuing of the Commission's opinion, the Member State concerned may ask the Commission to enter into discussions with it with a view to finding a solution.

3.
     
  If the Member State concerned does not ask the Commission to enter into discussions with it within the time limit laid down in paragraph 2, the Commission shall give a reasoned decision on the Member State's application within 130 days of receipt of the notification referred to in Article 3.

3.

If the Member State concerned does not ask the Commission to enter into discussions with it within the time limit laid down in paragraph 2, the Commission shall give a reasoned decision on the Member State's application within 130 days of receipt of the notification referred to in Article 3.

4.
     
  In the event of discussions taking place within the meaning of paragraph 2, the Commission shall give a reasoned decision on the application of the Member State within 30 days of the conclusion of the discussions.

4.

In the event of discussions taking place within the meaning of paragraph 2, the Commission shall give a reasoned decision on the application of the Member State within 30 days of the conclusion of the discussions.

Amendment 100

Amendment 100

Proposal for a regulation

Proposal for a regulation

Article 6

Article 6

The Commission may participate as an observer in the negotiations between the Member State and the third country. If the Commission does not participate as an observer, it shall be kept informed of the progress and results throughout the different stages of negotiations.

The Commission may participate as an observer in the negotiations between the Member State and the third country
  as far as matters falling within the scope of this Regulation are concerned
  . If the Commission does not participate as an observer, it shall be kept informed of the progress and results throughout the different stages of
  the
  negotiations.

as far as matters falling within the scope of this Regulation are concerned

the

Amendment 101

Amendment 101

Proposal for a regulation

Proposal for a regulation

Article 7 – paragraph 1

Article 7 – paragraph 1

1.   Before
  initialling the
  agreement, the Member State concerned shall notify
  the Commission of
  the outcome of negotiations and
  shall
  transmit the text of the agreement
  to the Commission
  .

initialling the

the Commission of

shall

to the Commission

1.   Before
  signing the negotiated
  agreement, the Member State concerned shall notify the outcome of the negotiations
  to the Commission
  and transmit the text of the agreement.

signing the negotiated

the

to the Commission

Amendment 102

Amendment 102

Proposal for a regulation

Proposal for a regulation

Article 7 – paragraph 2

Article 7 – paragraph 2

2.   Upon notification the Commission shall
  make an assessment as to
  whether the negotiated agreement
  complies with its initial assessment. In making this further assessment the Commission must examine whether the proposed agreement includes the requirements made by the Commission, in particular as regards the inclusion of clauses referred to in Article 5(1) and whether the conclusion of the proposed agreement would render the Community law ineffective and would undermine the proper functioning of the system established by its rules.

make an assessment as to

complies with its initial assessment. In making this further assessment the Commission must examine whether the proposed agreement includes the requirements made by the Commission, in particular as regards the inclusion of clauses referred to in Article 5(1) and whether the conclusion of the proposed agreement would render the Community law ineffective and would undermine the proper functioning of the system established by its rules.

2.   Upon
  receipt of this
  notification the Commission shall
  assess
  whether the negotiated agreement
  :

receipt of this

assess

:

| (a) | meets the conditions referred to in Article 4(2)(b); |
| --- | --- |

(a)

(a)

meets the conditions referred to in Article 4(2)(b);

meets the conditions referred to in Article 4(2)(b);

| (b) | meets the condition referred to in Article 4(2)(ba), insofar as there are new and exceptional circumstances in relation to that condition; and |
| --- | --- |

(b)

(b)

meets the condition referred to in Article 4(2)(ba), insofar as there are new and exceptional circumstances in relation to that condition; and

meets the condition referred to in Article 4(2)(ba), insofar as there are new and exceptional circumstances in relation to that condition; and

| (c) | fulfils the requirement under Article 5(2). |
| --- | --- |

(c)

(c)

fulfils the requirement under Article 5(2).

fulfils the requirement under Article 5(2).

Amendment 103

Amendment 103

Proposal for a regulation

Proposal for a regulation

Article 7 – paragraph 3

Article 7 – paragraph 3

3.
     
  If the Commission takes the view that the negotiations have resulted in an agreement which does not fulfil the requirements referred to in paragraph 2, the Member State shall not be authorised to conclude the agreement.

3.

If the Commission takes the view that the negotiations have resulted in an agreement which does not fulfil the requirements referred to in paragraph 2, the Member State shall not be authorised to conclude the agreement.

deleted

deleted

Amendment 104

Amendment 104

Proposal for a regulation

Proposal for a regulation

Article 7 – paragraph 4

Article 7 – paragraph 4

4.   If
  the Commission takes the view that
  the negotiations have resulted in an agreement which fulfils the requirements referred to in paragraph 2, the Member State
  may
  be authorised to conclude the agreement.

the Commission takes the view that

may

4.   If the negotiations have resulted in an agreement which fulfils the requirements referred to in paragraph 2, the Member State
  shall
  be authorised
  by the Commission
  to conclude the agreement.

shall

by the Commission

Amendment 105

Amendment 105

Proposal for a regulation

Proposal for a regulation

Article 7 – paragraph 5 – subparagraph 1

Article 7 – paragraph 5 – subparagraph 1

5.
     
  The Commission shall take a decision on the authorisation referred to in paragraphs 3 and 4 in accordance with the procedure referred to in Article 8(3).

5.

The Commission shall take a decision on the authorisation referred to in paragraphs 3 and 4 in accordance with the procedure referred to in Article 8(3).

deleted

deleted

Amendment 106

Amendment 106

Proposal for a regulation

Proposal for a regulation

Article 7 – paragraph 5 – subparagraph 2

Article 7 – paragraph 5 – subparagraph 2

The Commission shall give its decision on the application of the Member State within
  six month
  of receipt of the notification referred to in paragraph 1.

six month

5.
     The Commission shall give
  a reasoned
  decision on the application of the Member State within
  90 days
  of receipt of the notification referred to in paragraph 1.

5.

a reasoned

90 days

Amendment 51

Amendment 51

Proposal for a regulation

Proposal for a regulation

Article 7 a (new)

Article 7 a (new)

Article 7a

Article 7a

Refusal to authorise the conclusion of the agreement

Refusal to authorise the conclusion of the agreement

1.
     
  If, on the basis of its assessment under Article 7(2), the Commission intends not to authorise the conclusion of the negotiated agreement, it shall issue an opinion to the European Parliament and to the Council within 90 days of receipt of the notification referred to in Article 7(1).

1.

If, on the basis of its assessment under Article 7(2), the Commission intends not to authorise the conclusion of the negotiated agreement, it shall issue an opinion to the European Parliament and to the Council within 90 days of receipt of the notification referred to in Article 7(1).

2.
     
  Within 30 days of the issuing of the Commission's opinion, the Member State concerned may ask the Commission to enter into discussions with it with a view to finding a solution.

2.

Within 30 days of the issuing of the Commission's opinion, the Member State concerned may ask the Commission to enter into discussions with it with a view to finding a solution.

3.
     
  If the Member State concerned does not ask the Commission to enter into discussions with it within the time limit laid down in paragraph 2, the Commission shall give a reasoned decision on the Member State's application within 130 days of receipt of the notification referred to in Article 7(1).

3.

If the Member State concerned does not ask the Commission to enter into discussions with it within the time limit laid down in paragraph 2, the Commission shall give a reasoned decision on the Member State's application within 130 days of receipt of the notification referred to in Article 7(1).

4.
     
  In the event of discussions taking place within the meaning of paragraph 2, the Commission shall give a reasoned decision on the application of the Member State within 30 days of the conclusion of the discussions.

4.

In the event of discussions taking place within the meaning of paragraph 2, the Commission shall give a reasoned decision on the application of the Member State within 30 days of the conclusion of the discussions.

5.
     
  The Commission shall notify its decision to the European Parliament and to the Council within 30 days of taking it.

5.

The Commission shall notify its decision to the European Parliament and to the Council within 30 days of taking it.

Amendment 108

Amendment 108

Proposal for a regulation

Proposal for a regulation

Article 8

Article 8

Article 8

Article 8

Committee procedure

Committee procedure

1.
     
  The Commission shall be assisted by a committee.

1.

The Commission shall be assisted by a committee.

2.
     
  Where reference is made to this paragraph, the advisory procedure laid down in Article 3 of Decision 1999/468/EC shall apply, in compliance with Article 7 thereof.

2.

Where reference is made to this paragraph, the advisory procedure laid down in Article 3 of Decision 1999/468/EC shall apply, in compliance with Article 7 thereof.

3.
     
  Where reference is made to this paragraph, the management procedure laid down in Article 4 of Decision 1999/468/EC shall apply, in compliance with Article 7 thereof.

3.

Where reference is made to this paragraph, the management procedure laid down in Article 4 of Decision 1999/468/EC shall apply, in compliance with Article 7 thereof.

4.
     
  The period provided for in Article 4(3) of Decision 1999/468/EC shall be three months.

4.

The period provided for in Article 4(3) of Decision 1999/468/EC shall be three months.

deleted

deleted

Amendment 52

Amendment 52

Proposal for a regulation

Proposal for a regulation

Article 8 a (new)

Article 8 a (new)

Article 8a

Article 8a

Information to the European Parliament, the Council and the Member States

Information to the European Parliament, the Council and the Member States

The Commission shall make available to the European Parliament, the Council and the Member States the notifications received under Articles 3 and 7 and, if necessary, the accompanying documents, as well as all its reasoned decisions under Articles 5, 5a, 7 and 7a, subject to the requirements of confidentiality.

The Commission shall make available to the European Parliament, the Council and the Member States the notifications received under Articles 3 and 7 and, if necessary, the accompanying documents, as well as all its reasoned decisions under Articles 5, 5a, 7 and 7a, subject to the requirements of confidentiality.

Amendment 53

Amendment 53

Proposal for a regulation

Proposal for a regulation

Article 8 b (new)

Article 8 b (new)

Article 8b

Article 8b

Confidentiality

Confidentiality

1.
     
  When transmitting information to the Commission under Articles 3, 4(2a) and 7, the Member State concerned may indicate whether any of the information transmitted is to be considered confidential and whether it may be shared with other Member States.

1.

When transmitting information to the Commission under Articles 3, 4(2a) and 7, the Member State concerned may indicate whether any of the information transmitted is to be considered confidential and whether it may be shared with other Member States.

2.
     
  The Commission and Member States shall ensure that any information identified as confidential is treated in accordance with Article 4(1)(a) of Regulation (EC) No 1049/2001.

2.

The Commission and Member States shall ensure that any information identified as confidential is treated in accordance with Article 4(1)(a) of Regulation (EC) No 1049/2001.

Amendment 111

Amendment 111

Proposal for a regulation

Proposal for a regulation

Article 9 – paragraph 1

Article 9 – paragraph 1

1.   Where a Member State has already started negotiating an agreement
  with a third country
  at the time of entry into force of this Regulation,
  Article
  3
  (1) and 3(2) and Articles 4
  to
  7
  shall apply.

with a third country

Article

(1) and 3(2) and Articles 4

7

1.   Where a Member State has already started negotiating an agreement at the time of entry into force of this Regulation,
  Articles
  3 to
  7a
  shall apply.

Articles

7a

Where the stage of the negotiations so permits, the Commission may propose negotiating guidelines or the inclusion of particular clauses, as referred to in Article 5(1).

Where the stage of the negotiations so permits, the Commission may propose negotiating guidelines or
  request
  the inclusion of particular clauses, as referred to in Article 5(1)
  and (2).

request

and (2).

Amendment 112

Amendment 112

Proposal for a regulation

Proposal for a regulation

Article 9 – paragraph 2

Article 9 – paragraph 2

2.   Where a Member State has already completed negotiations at the time of entry into force of this Regulation, without having concluded the agreement, Article 3
  (1) and 3(2)
  and Article 7(2) to (5) shall apply.

(1) and 3(2)

2.   Where a Member State has already completed negotiations at the time of entry into force of this Regulation, without having concluded the agreement, Article 3, Article 7(2) to (5)
  and Article 7a
  shall apply.

and Article 7a

When deciding whether or not to authorise conclusion of the agreement, the Commission shall also assess whether or not there are any obstacles to the agreement in the light of the conditions referred to in Article 4.

When deciding whether or not to authorise conclusion of the agreement, the Commission shall also assess whether or not there are any obstacles to the agreement in the light of the conditions referred to in Article 4.

Amendment 113

Amendment 113

Proposal for a regulation

Proposal for a regulation

Article 10

Article 10

No
  later
  than
  the 1st January 2014
  the Commission shall
  present
  to the European Parliament, the Council and the European Economic and Social Committee a report on application of this Regulation,
  which may
  be accompanied by an appropriate legislative proposal.

later

the 1st

present

which may

1.
     No
  earlier
  than
  8 years after the date of adoption of this Regulation,
  the Commission shall
  submit
  to the European Parliament, the Council and the European Economic and Social Committee a report on
  the
  application of this Regulation.

1.

earlier

8 years after the date of adoption of this Regulation,

submit

the

2.
     
  This report shall either

2.

This report shall either

| (a) | confirm that it is appropriate for this Regulation to expire on the date determined in accordance with Article 10a(1), or |
| --- | --- |

(a)

(a)

confirm that it is appropriate for this Regulation to expire on the date determined in accordance with Article 10a(1), or

confirm that it is appropriate for this Regulation to expire on the date determined in accordance with Article 10a(1), or

| (b) | recommend that this Regulation be replaced as of that date by a new Regulation. |
| --- | --- |

(b)

(b)

recommend that this Regulation be replaced as of that date by a new Regulation.

recommend that this Regulation be replaced as of that date by a new Regulation.

3.
     
  If the report recommends a replacement of this Regulation as set out in paragraph 2(b), it shall
  be accompanied by an appropriate legislative proposal.

3.

If the report recommends a replacement of this Regulation as set out in paragraph 2(b), it shall

Amendment 114

Amendment 114

Proposal for a regulation

Proposal for a regulation

Article 10 a (new)

Article 10 a (new)

Article 10a

Article 10a

Expiry

Expiry

1.
     
  This Regulation shall expire 3 years after the submission by the Commission of the report referred to in Article 10.

1.

This Regulation shall expire 3 years after the submission by the Commission of the report referred to in Article 10.

The period of 3 years shall start running on the first day of the month following the last submission of the report to either 52+523 the European Parliament or the Council.

The period of 3 years shall start running on the first day of the month following the last submission of the report to either 52+523 the European Parliament or the Council.

2.   
  Notwithstanding the expiry of this Regulation on the date determined in accordance with paragraph 1, all negotiations ongoing on that date which have been entered into by a Member State under this Regulation with a view to amending an existing agreement or to negotiating and concluding a new agreement shall be allowed to continue and to be completed on the conditions laid down in this Regulation.

2.

Notwithstanding the expiry of this Regulation on the date determined in accordance with paragraph 1, all negotiations ongoing on that date which have been entered into by a Member State under this Regulation with a view to amending an existing agreement or to negotiating and concluding a new agreement shall be allowed to continue and to be completed on the conditions laid down in this Regulation.

Amendment 115

Amendment 115

Proposal for a regulation

Proposal for a regulation

Article 11

Article 11

This Regulation shall enter into force on the twentieth day following
  that of
  its publication in the Official Journal of the European Union.

that of

Official Journal of the European Union

This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.

Official Journal of the European Union

It shall apply until 31 December 2014.

It shall apply until 31 December 2014.

---

(1)  

  OJ L 12, 16.1.2001, p. 1.

1

OJ L 12, 16.1.2001, p. 1.

(2)  

  OJ L 145, 31.5.2001, p. 43.

2

OJ L 145, 31.5.2001, p. 43.

(3)  
  Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (OJ L 338, 23.12.2003, p. 1).

3

Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (OJ L 338, 23.12.2003, p. 1).

(4)  
  Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7, 10.1.2009, p. 1).

4

Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7, 10.1.2009, p. 1).

---