Proposal for a Council Decision on the signing by the European Community of the Council of Europe Convention on contact concerning children
Date: 2002-10-02
Institutions: European Commission
Subjects: European convention, child, children's rights, cross-border cooperation, family law

28.1.2003

EN

Official Journal of the European Communities

C 20 E/369

Proposal for a Council Decision on the signing by the European Community of the Council of
Europe Convention on contact concerning children

(2003/C 20 E/32)

COM(2002) 520 final

(Submitted by the Commission on 2 October 2002)

EXPLANATORY MEMORANDUM

The Convention on contact concerning children (‘the Contact Convention’) was adopted on 3 May 2002 in
Vilnius, Lithuania, by the Committee of Ministers of the Council of Europe. The Contact Convention aims
at reinforcing the fundamental right of children and their parents and other persons having family ties
with the child to maintain contact on a regular basis. To this end, the Contact Convention (a) determines
general principles to be applied to contact orders, (b) provides appropriate safeguards and guarantees to
ensure the proper exercise of contact and the immediate return of children at the end of the contact
period, (c) establishes co-operation between the authorities concerned in order to improve and promote
transfrontier contact.

The Contact Convention will be open for signature in Strasbourg, France, on 14 October 2002 on the
occasion of the 6th European Conference on family law.

Article 22.1 of the Contact Convention allows for accession by the European Community.

The Contact Convention will contribute to the realisation of the aims underlying existing and future
Community rules in the field of recognition and enforcement of judgments in the area of parental
responsibility. Therefore, the Commission is hereby proposing that the Community should sign the
Contact Convention, subject to a possible conclusion at a later date.

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 61(c) in
conjunction with the first subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) The Convention on contact concerning children, adopted on 3 May 2002 by the Committee of
Ministers of the Council of Europe, makes a valuable contribution to reinforcing the fundamental
right of children and their parents and other persons having family ties with the child to maintain
contact on a regular basis. It is therefore desirable that its provisions be applied as soon as possible.

(2) The Convention will be open for signature in Strasbourg, France, on 14 October 2002.

(3) Article 22.1 of the Convention allows signature by the European Community.

(4) The Convention will contribute to the realisation of

the aims underlying existing and future
Community rules in the field of recognition and enforcement of judgments in the area of parental
responsibility and covers matters of Community competence.

HAS DECIDED AS FOLLOWS:

Sole Article

Subject to a possible conclusion at a later date, the President of the Council
designate the person empowered to sign, on behalf of
Europe Convention on contact concerning children adopted on 3 May 2002.

the European Community,

is hereby authorised to
the Council of