2003/93/EC: Council Decision of 19 December 2002 authorising the Member States, in the interest of the Community, to sign the 1996 Hague Convention on jurisdiction, applicable law, recognition, enforcement and cooperation in respect of parental responsibility andmeasures for the protection of children
Date: 2002-12-19
Institutions: Council of the European Union
Subjects: European convention, European judicial area, child protection, judicial proceedings, mutual recognition principle, parental responsibility

21.2.2003

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Official Journal of the European Union

L 48/1

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 19 December 2002

authorising the Member States, in the interest of the Community, to sign the 1996 Hague
Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in
respect of Parental Responsibility and Measures for the Protection of Children

(2003/93/CE)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 61(c) and Article 300 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

The Community is working towards the establishment
of a common judicial area based on the principle of
mutual recognition of judicial decisions.

The Convention on Jurisdiction, Applicable Law, Recog-
nition, Enforcement and Cooperation in respect of
Parental Responsibility and Measures for the Protection
of Children concluded on 19 October 1996 in the
framework of The Hague Conference on Private Inter-
national Law, (hereinafter referred to as the Convention)
makes a valuable contribution to the protection of
children at international level, and it is therefore desirable
that its provisions be applied as soon as possible.

Certain articles of the Convention affect Community
secondary legislation on jurisdiction and the recognition
in particular Council
and enforcement of judgments,
Regulation (EC) No 1347/2000 of 29 May 2000 on
jurisdiction and the recognition and enforcement of
judgments in matrimonial matters and in matters of
parental responsibility for children of both spouses (1).

The Community has exclusive competence for the
relevant provisions of the Convention insofar as those
articles affect Community rules adopted in this area. The
Member States should retain their competence in the
areas covered by the Convention which do not affect
Community law.

(5)

(6)

(7)

(8)

(9)

Pursuant to the Convention, only sovereign States may
be party to it. For that reason, the Community may not
at present sign, ratify or accede to it.

The Council should therefore authorise the Member
States, by way of exception, to sign the Convention in
the interest of the Community, under the conditions set
out in this Decision.

Taking account of Articles 23, 26 and 52 of
the
Convention, a Decision taken by a Member State on
matters governed by the Convention may be recognised
and enforced in another Member State in accordance
with the relevant internal rules of Community law.

The United Kingdom and Ireland are taking part in the
adoption and application of this Decision.

Denmark, in accordance with Articles 1 and 2 of the
Protocol on the position of Denmark annexed to the
Treaty on European Union and the Treaty establishing
the European Community,
is not taking part in the
adoption of this Decision and is therefore not bound by
it nor subject to its application,

HAS ADOPTED THIS DECISION:

Article 1

1.
The Council hereby authorises the Member States to sign
the Convention on Jurisdiction, Applicable Law, Recognition,
Enforcement and Cooperation in respect of Parental Responsi-
bility and Measures for the Protection of Children, concluded
on 19 October 1996, in the interest of the Community, subject
to the conditions set out in the following articles.

2.

The text of the Convention is attached to this Decision (2).

( 1) OJ L 160, 30.6.2000, p. 19. Regulation as amended by Com-
mission Regulation (EC) No 1185/2002 (OJ L 173, 3.7.2002,
p. 3).

(2) See page 3 of this Official Journal.

L 48/2

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Official Journal of the European Union

21.2.2003

In this Decision, the term ‘Member State’ shall mean all

3.
Member States with the exception of Denmark.

Article 3

Article 2

Member States shall make the necessary arrangements for the
Convention to be signed before 1 June 2003.

When signing the Convention, Member States shall make the
following declaration:

‘Articles 23, 26 and 52 of the Convention allow Contracting
Parties a degree of flexibility in order to apply a simple
and rapid regime for the recognition and enforcement of
judgments. The Community rules provide for a system of
recognition and enforcement which is at least as favourable
as the rules laid down in the Convention. Accordingly, a
judgment given in a Court of a Member State of the
European Union,
in respect of a matter relating to the
Convention, shall be recognised and enforced in (1) by
application of the relevant internal rules of Community
law (2).

(1) Member State making the declaration.
(2) Regulation (EC) No 1347/2000 plays a special role in
this field since it relates to jurisdiction and the recognition
and enforcement of judgments in matrimonial matters
and in matters of parental responsibility for children of
both spouses.’

Article 4

When signing the Convention, Member States shall inform the
Ministry of Foreign Affairs of the Kingdom of the Netherlands
in writing that the signing has taken place in accordance with
this Decision.

This Decision is addressed to the Member States in accordance
with the Treaty establishing the European Community.

Done at Brussels, 19 December 2002.

For the Council

The President

L. ESPERSEN