Proposal for a Council Decision on the accession of the European Community to the Hague Conference on Private International Law
Date: 2005-12-09
Institutions: European Commission
Subjects: EU relations, international organisation, private international law

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 9.12.2005 
COM(2005) 639 final 

2005/0251 (AVC) 

Proposal for a 

COUNCIL DECISION 

on the accession of the European Community to the  
Hague Conference on Private International Law 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

POLITICAL AND LEGAL BACKGROUND 

The  Hague  Conference  on  Private  International  Law  (HCCH)  is  a  long-established 
international  organisation  with  the  objective  to  work  for  the  progressive  unification  of  the 
rules  of  private  international  law,  mainly  by  negotiating  and  drafting  international 
conventions. The works of the HCCH have resulted in the adoption of a substantial number of 
important Conventions in the different fields of private international law. The organisation has 
to date adopted 35 conventions and counts 65 Members, including all Member States of the 
European Union. 

Since  the  entry  into  force  of  the  Treaty  of  Amsterdam,  the  European  Community  has  the 
competence  to  adopt  measures  in  the  field  of  judicial  co-operation  in  civil  matters  having 
cross-border  implications  insofar  as  necessary  for  the  proper  functioning  of  the  internal 
market. The Community has exerted its newly acquired competence by adopting a number of 
instruments  and  further  instruments  are  under  negotiation  or  in  preparation.  Many  of  these 
instruments overlap, partly or fully, with the areas of work of the HCCH. Examples are the 
1965  Convention  on  the  Service  Abroad  of  Judicial  and  Extrajudicial  Documents  which 
covers  the  same  matter  as  Regulation  1348/2000  on  the  service  in  the  Member  States  of 
judicial and extra-judicial documents; the 1970 Convention on the Taking of Evidence which 
covers  the  same  matter  as  Regulation  1206/2001  on  cooperation  between  the  courts  of  the 
Member  States  in  the  taking  of  evidence;  the  1980  and  1996  Conventions  enhancing  the 
Protection  of  Children  which  partly  overlap  with  Regulation  2201/2003  on  jurisdiction  and 
the  recognition  and  enforcement  of  judgements  in  matrimonial  matters  and  the  matters  of 
parental  responsibility;  and  last  but  not  least  the  2005  Convention  on  Choice  of  Court 
Agreements  and  the  draft  Convention  on  Maintenance  Obligations  which  cover  areas 
governed  by  Regulation  44/2001  on  jurisdiction  and  the  recognition  and  enforcement  of 
judgements in civil and commercial matters. 

The  adoption  of  these  internal  instruments  entailed  an  implicit  transfer  of  external 
competences  in  the  areas  covered  by  them  from  the  Member  States  to  the  Community.  In 
view of these newly acquired external powers and its increasing involvement in the work of 
the  organisation,  it  became  necessary  for  the  Community  to  become  a  full  member  of  the 
HCCH.  At  present,  the  Community  enjoys  only  observer  status  in  the  organisation.  Full 
membership  of  the  Community  in  the  HCCH  is  essential  for  two  reasons:  From  a  political 
point of view, membership would grant the Community a status consistent with its new role 
as a major international player in the field of civil judicial cooperation. From a legal point of 
view,  membership  would  enable  the  Community  to  fully  participate  in  the  negotiations  of 
conventions in areas of its competence by expressing its views and positions and ensuring the 
consistency  and  coherence  between  its  own  rules  and  envisaged  international  instruments. 
Moreover, the Community as such rather than its Member States would be the subject of the 
rights and obligations stemming from Hague Conventions in areas of its competence.  

For these reasons, the Council, by decision of November 28th, 2002, authorised the European 
Commission  to  negotiate  the  conditions  and  modalities  of  Community  accession  to  the 
HCCH. By a joint letter from the European Commission and the Presidency to the HCCH of 
December  19th,  2002,  the  Community  applied  to  become  a  member  of  the  HCCH  and 
requested  the  opening  of  negotiations.  In  April  2004,  a  Special  Commission  on  General 

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Affairs  and  Policy  of  the  organisation  took  the  in-principle  decision  to  admit  the  European 
Community as a Member. 

Since the Statute of the HCCH contemplates only membership of States, not of international 
organisations,  Community  accession  requires  amendments  to  the  Statute.  The  text  of  these 
amendments has been adopted by consensus at the Diplomatic Conference held in The Hague 
from June 14th - 30th, 2005 and the Members of the HCCH have subsequently been invited to 
cast  their  votes  on  the  amendments  in  writing,  if  possible  within  a  period  of  nine  months. 
According  to  Article  12  of  the  Statute,  a  two-thirds  majority  is  required  to  approve  the 
amendments to the Statue. Once this majority is reached, but not earlier than 31st March 2006, 
the  Secretary  General  will  draw  up  a  procès-verbal  informing  the  Member  States  of  the 
outcome of the vote and the amendments will enter into force three months later. Shortly after 
the entry into force, an extraordinary meeting of the Special Commission on General Affairs 
and Policy will be convened to decide upon the admission of the Community to the HCCH. 

Taking into account the adoption of the amendments of the Statute by consensus on June 30th, 
2005,  and  the  unanimous  request  of  all  Members  of  the  HCCH  for  the  accession  of  the 
European  Community,  it  is  highly  probable  that  the  required  two-thirds  majority  will  be 
largely  reached  by  31st  of  March  2006,  i.e.  at  the  end  of  the  nine  months  period. 
Consequently, the amendments of the Statute would enter into force on 1st of July 2006 and 
the formal decision to admit the Community to the HCCH would be taken in the first week of 
July 2006. It is necessary to launch the procedure for a Council decision on the accession of 
the  Community  to  the  HCCH  already  at  this  time  in  order  to  ensure  that  the  Community  is 
ready to accede by the beginning of July 2006. The Community will then be able to deposit its 
instrument of accession as soon as the HCCH has taken the formal decision to admit it.  

2. 

RESULTS OF THE NEGOTIATIONS 

The  Commission  negotiated  the  conditions  and  modalities  of  Community  accession  to  the 
HCCH  in  accordance  with  the  Council’s  negotiating  directives.  All  provisions  relevant  for 
Community accession were included in the Statute. Consequential changes were made to the 
Rules  of  Procedure.  Since  Members  wanted  the  amendments  to  be  of  a  general  nature,  the 
relevant  provisions  do  not  refer  to  the  “European  Community”  but  to  “Regional  Economic 
Integration  Organisations”  in  general.  In  sum,  the  revised  Statute  contains  the  following 
provisions of relevance for the European Community:  

•  Membership  of  the  HCCH  is  open  to  Regional  Economic  Integration  Organisations 
(REIOs)  which  participate  on  equal  footing  with  Member  States  in  meetings  of  the 
organisations. To be eligible to apply for membership, a REIO must be constituted solely 
by sovereign States which have transferred competence to it over a range of matters within 
the purview of the HCCH, including the authority to make decision binding on its Member 
States  in  respect  of  these  matters.  It  is  uncontested  that  the  European  Community  fulfils 
these requirements. 

•  At the time of application, a REIO has to submit a declaration of competence specifying 
the matters in respect of which competence has been transferred to it by its Member States. 
Furthermore, the REIO and its Member States have to ensure that any change regarding the 
competence of the REIO or its composition is notified to the HCCH. Finally, Members of 
the HCCH are entitled to request information whether the REIO or its Member States have 

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competence in respect of any specific question and the REIO and its Member States have 
to ensure that the relevant information is provided upon such request.  

•  Decisions of the HCCH will be taken by consensus to the fullest extent possible. A vote 

will only be called, if exceptionally it is not possible to attain consensus.  

•  As to voting rights, a REIO is entitled to exercise a number of votes equal to the number of 
Member  States  which  have  transferred  competence  to  it  on  the  matter  in  question,  and 
which  are  entitled  to  vote  in  and  have  registered  for  such  meetings.  This  implies  that  no 
actual physical presence of the Member States at the moment of the vote is necessary. 

•  A REIO does not contribute to the annual budget of the HCCH in addition to its Member 
States but has to pay the additional administrative expenses arising out of its membership. 
This sum will be determined by the HCCH in consultation with the REIO. 

•  The  European  Community  will  assure  the  HCCH  by  way  of  written  declaration  that  it 
endeavours to examine whether it is in its interest to join existing Hague Conventions, and 
that where this interest exists, it will, in cooperation with the HCCH, make every effort to 
overcome the difficulties resulting from the absence of a clause providing for the accession 
of  a  REIO  to  these  Conventions.  In  addition,  the  Community  endeavours  to  make 
participation possible of representatives of the Permanent Bureau of the HCCH in meetings 
of  experts  organised  by  the  European  Commission  where  matters  of  interest  to  the 
Conference are discussed. 

3. 

CONCLUSION 

In  view  of  the  positive  outcome  of  the  negotiations,  the  Commission  recommends  that  the 
Council  adopt  the  decision  concerning  the  accession  of  the  European  Community  to  the 
HCCH. 

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2005/0251 (AVC) 

Proposal for a 

COUNCIL DECISION 

on the accession of the European Community to the  
Hague Conference on Private International Law 

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)  and  the  second 
subparagraph of Article 300 (3) thereof,  

Having regard to the proposal from the Commission1, 

Having regard to the assent of the European Parliament2, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The  objective  of  the  Hague  Conference  on  Private  International  Law  (HCCH)  is  to 
work  for  the  progressive  unification  of  the  rules  of  private  international  law.  The 
organisation has to date adopted a substantial number of conventions in different fields 
of private international law. 

Since  the  entry  into  force  of  the  Treaty  of  Amsterdam,  the  Community  has 
competence  to  adopt  measures  in  the  field  of  judicial  co-operation  in  civil  matters 
having cross-border implications insofar as necessary for the proper functioning of the 
internal market. The Community has exerted this competence by adopting a number of 
instruments, many of which coincide, partially or fully, with the areas of work of the 
HCCH. 

It is essential that the Community be granted a status that corresponds to its new role 
as a major international player in the field of civil judicial cooperation and that it be 
able  to  exercise  its  external  competence  by  participating  as  a  full  member  in  the 
negotiations of conventions by the HCCH in areas of its competence. 

By  decision  of  28  November  2002,  the  Council  authorised  the  Commission  to 
negotiate the conditions and modalities of Community accession to the HCCH. 

By  a  joint  letter  from  the  Commission  and  the  Presidency  to  the  HCCH  of  19 
December  2002,  the  Community  applied  to  become  a  member  of  the  HCCH,  and 
requested the opening of negotiations. 

1 
2 

OJ C , , p. . 
OJ C , , p. . 

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(6) 

(7) 

(8) 

In  April  2004,  a  Special  Commission  on  General  Affairs  and  Policy  of  the  HCCH 
expressed the unanimous view that, as a matter of principle, the European Community 
should become a Member of the HCCH and determined certain criteria and procedures 
for the modalities of its membership. 

In  June  2005,  the  Diplomatic  Conference  of  the  HCCH  adopted  by  consensus  the 
amendments to the Statute necessary to allow the accession of a Regional Economic 
Integration Organisation and the Members of the HCCH were subsequently invited to 
cast their votes on the amendments, if possible within a period of nine months.  

The amendments  to  the  Statute  will enter into force three months after the Secretary 
General has informed the Members that the required two-thirds majority for amending 
the  Statute  has  been  reached.  Shortly  after  the  entry  into  force,  an  extraordinary 
meeting  of  the  Special  Commission  on  General  Affairs  and  Policy  will  formally 
decide upon the admission of the Community to the HCCH. 

(9) 

The  outcome  of  the  negotiations  on  the  revision  of  the  Statute  of  the  HCCH  is 
satisfactory, taking into account the interests of the Community. 

(10)  Article 2A of the revised Statute of the HCCH entitles the Community, as a Regional 

Economic Integration Organisation, to become a Member of the HCCH. 

(11)  The Community should accede to the HCCH.  

(12)  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  the  European 
Union  and  the  Treaty  establishing  the  European  Community,  are  taking  part  in  the 
adoption of this Decision. 

(13) 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  Denmark 
annexed  to  the  Treaty  on  the  European  Union  and  the  Treaty  establishing  the 
European Community, Denmark is not taking part in the adoption of this Decision. 

HAS DECIDED AS FOLLOWS: 

Sole Article  

The Community shall accede to the Hague Conference on Private International Law by means 
of the declaration of acceptance of the Statute of the organisation, as set out in Annex I, as 
soon as the latter has taken the formal decision to admit it as a Member.  

The  Community  shall  also  deposit  a  declaration  of  competence  specifying  the  matters  in 
respect  of  which  competence  has  been  transferred  to  it  by  its  Member  States,  as  set  out  in 
Annex  II,  and  a  declaration  on  certain  matters  concerning  the  Hague  Conference  on  Private 
International Law, as set out in Annex III. 

The  President  of  the  Council  is  hereby  authorised  to  carry  out  such  procedures  as  may  be 
necessary to give effect to the foregoing.  

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The text of the Statute of the Hague Conference on Private International Law is attached to 
this decision as Annex IV. 

Done at Brussels, 

For the Council 
The President 

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Instrument of accession to the Hague Conference on Private International Law 

ANNEX I 

Mr. J.H.A. VAN LOON 
Secretary-General 
Hague Conference on Private International Law 
Scheveningseweg 6 
NL – 2517 THE HAGUE 

Dear Sir, 

I have the honour to inform you that the European Community has decided to accede to the 
Hague Conference on Private International Law. I therefore ask you to accept this instrument, 
by  which  the  European  Community  accepts  the  Statute  of  the  Hague  Conference  in 
accordance  with  Article  2  A  thereof.  I  enclose  a  declaration  by  the  European  Community 
specifying  the  matters  in  respect  of  which  competence  has  been  transferred  to  it  by  its 
Member  States  and  a  declaration  on  certain  matters  concerning  the  Hague  Conference  on 
Private International Law. 

The  European  Community  formally  and  without  reservation  accepts  the  obligations  arising 
from its membership of the Hague Conference on Private International Law, as set out in the 
Statute, and formally undertakes to fulfil the obligations upon it at the time of its accession.  

I have the honour to be, Sir, yours faithfully, 

President of the Council of the European Union 

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1. 

2. 

3. 

4. 

ANNEX II 

Declaration of competence of the European Community specifying the matters in 
respect of which competence has been transferred to it by its Member States 

This  Declaration  is  given  pursuant  to  Article  2A  (3)  of  the  Statute  of  the  Hague 
Conference  on  International  Private  Law  and  specifies  the  matters  in  respect  of 
which competence has been transferred to the European Community by its Member 
States.  

The European Community has competence to adopt general and specific measures to 
enhance the uniformity of rules relating to the applicable law in various domains in 
its  Member  States.  In  respect  of  matters  within  the  purview  of  the  HCCH,  the 
European  Community  notably  has  competence  under  Title  IV  of  the  EC  Treaty  to 
adopt  measures  in  the  field  of  judicial  co-operation  in  civil  matters  having  cross-
border  implications  insofar  as  necessary  for  the  proper  functioning  of  the  internal 
market (Articles 61(c) and 65 EC Treaty). Such measures include  

(a) 

(b) 

(c) 

improving and simplifying the system for cross-border service of judicial and 
extrajudicial documents; cooperation in the taking of evidence; the recognition 
and  enforcement  of  decisions  in  civil  and  commercial  cases,  including 
decisions in extrajudicial cases;  

promoting  the  compatibility  of  the  rules  applicable  in  the  Member  States 
concerning the conflict of laws and of jurisdiction and 

eliminating obstacles to the good functioning of civil proceedings, if necessary 
by promoting the compatibility of the rules on civil procedure applicable in the 
Member States. 

Furthermore, the Community has competence in other fields which can be subject to 
conventions of the Hague Conference, as in the field of the internal market (Art. 95 
EC Treaty) or consumer protection (Art. 153 EC Treaty).  

The European Community has made use of its competence by adopting a number of 
instruments under Article 61 (c) of the EC Treaty, such as  

–  Regulation (EC) No 1346/2000 on insolvency proceeding, 

–  Regulation (EC) No 1348/2000 on the service of documents,  

–  Regulation (EC) No 44/2001 on jurisdiction, recognition and enforcement in civil 

and commercial matters,  

–  Regulation (EC) No 1206/2001 on cooperation between the courts of the Member 

States in the taking of evidence in civil and commercial matters,  

–  Directive (EC) No 8/2003 on legal aid.  

–  Regulation  (EC)  No  2201/2003  concerning  jurisdiction  and  the  recognition  and 
enforcement  of  judgements  in  matrimonial  matters  and  in  matters  of  parental 
responsibility, and  

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–  Regulation  (EC)  No  805/2004  creating  a  European  Enforcement  Order  for 

uncontested claims, 

Provisions  on  private  international  law  can  also  be  found  in  other  Community 
legislation, notably in the area of consumer protection, insurance, financial services 
and  intellectual  property.  Thus,  the  Community  Directives  affected  by  the  Hague 
Convention  on  the  Law  Applicable  to  Certain  Rights  of  Securities  held  with  an 
Intermediary were adopted on the basis of Article 95 of the EC Treaty. 

Even  if  there  is  no  explicit  reference  to  external  competence  in  the  EC  Treaty,  it 
results from the jurisprudence of the European Court of Justice that the provisions of 
the EC Treaty referred to above constitute not only legal bases for internal acts of the 
Community,  but  also  for  the  conclusion  of  international  agreements  by  the 
Community.  The  Community  may  conclude  international  agreements  whenever  the 
internal  competence  has  already  been  used  in  order  to  adopt  measures  for 
implementing common policies, as listed above, or if the international agreement is 
necessary to obtain one of the Community's objectives.3 The European Community's 
external  competence  is  exclusive  to  the  extent  to  which  an  international  agreement 
affects internal Community rules or alters their scope4. Where this is the case, it is not 
for  the  Member  States  but  for  the  Community  to  enter  into  external  undertakings 
with third States or International Organisations. An international agreement can fall 
entirely or only to some extent within exclusive Community competence. 

Community instruments are normally binding for all EU Member States. Concerning 
Title IV of the EC Treaty which comprises the legal basis for judicial cooperation in 
civil matters, a special regime applies to Denmark, Ireland and the United Kingdom. 
Measures  taken  under  Title  IV  EC  Treaty  are  not  binding  upon  or  applicable  in 
Denmark.  Ireland  and  the  United  Kingdom  take  part  in  legal  instruments  adopted 
under  Title  IV  if  they  notify  the  Council  to  that  effect.  Both  Member  States  have 
decided to opt in on all measures listed at point 4 above. 

The  extent  of  competence  which  the  Member  States  have  transferred  to  the 
Community  pursuant  to  the  EC  Treaty  is,  by  its  nature,  liable  to  continuous 
development. The European Community and its Member States will ensure that any 
change in the Community’s competences will be promptly notified to the Secretariat 
of the HCCH as stipulated in Article 2A (6). 

5. 

6. 

7. 

3 

4 

Opinion  1/76  of  the  Court  of  Justice,  ECR  1977,  p.  741;  Opinion  2/91,  ECR  1993,  p.  I-1061;  Case 
22/70  ("AETR");  Commission  v.  Council,  ECR  1971,  p.  263;  Case-C-467/98  ("open  skies"), 
Commission v. Denmark, ECR 2002, p. I-9519. 
Case  22/70  (“AETR”),  Commission  v.  Council,  Case-C-467/98  (“open  skies”),  Commission  v. 
Denmark.  

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ANNEX III 

Declaration  by  the  European  Community  on  certain  matters  concerning  the  Hague 
Conference on Private International Law 

The European Community endeavours to examine whether it is in its interest to join existing 
Hague Conventions in respect of which there is Community competence. Where this interest 
exists, the European Community, in cooperation with the Hague Conference, will make every 
effort  to  overcome  the  difficulties  resulting  from  the  absence  of  a  clause  providing  for  the 
accession of a Regional Economic Integration Organisation to these Conventions.  

The  European  Community  further  endeavours 
to  make  participation  possible  of 
representatives  of  the  Permanent  Bureau  of  the  Hague  Conference  in  meetings  of  experts 
organised  by  the  European  Commission  where  matters  of  interest  to  the  Hague  Conference 
are being discussed. 

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ANNEX IV 

STATUTE OF THE HAGUE CONFERENCE  
ON PRIVATE INTERNATIONAL LAW 

The Governments of the countries hereinafter specified: 

the  German  Federal  Republic,  Austria,  Belgium,  Denmark,  Spain,  Finland,  France,  Italy, 
Japan, Luxembourg, Norway, the Netherlands, Portugal, the United Kingdom of Great Britain 
and Northern Ireland, Sweden and Switzerland; 

In view of the permanent character of the Hague Conference on Private International Law; 

Desiring to stress that character; 

Having, to that end, deemed it desirable to provide the Conference with a Statute; 

Have agreed upon the following provisions: 

The purpose of the Hague Conference is to work for the progressive unification of the rules of 
private international law. 

Article 1 

Article 2 

Members  of  the  Hague  Conference  on  Private  International  Law  are  the  States  which  have 
already participated in one or more Sessions of the Conference and which accept the present 
Statute. 

Any other State, the participation of which is from a juridical point of view of importance for 
the work of the Conference, may become a Member. The admission of new Member States 
shall  be  decided  upon  by  the  Governments  of  the  participating  States,  upon  the  proposal  of 
one or more of them, by a majority of the votes cast, within a period of six months from the 
date on which that proposal is submitted to the Governments. 

The admission shall become effective upon the acceptance of the present Statute by the State 
concerned. 

Article 2A 

1. 

The Member States may, at a meeting concerning General Affairs and Policy where 
the majority of Member States is present, by a majority of the votes cast, decide to 
admit also as a Member any Regional Economic Integration Organisation which has 
submitted  an  application  for  membership  to  the  Secretary  General.  References  to 
Members  under  this  Statute  shall  include  such  Member  Organisations,  except  as 
otherwise  expressly  provided.  The  admission  shall  become  effective  upon  the 
acceptance  of  the  Statute  by  the  Regional  Economic  Integration  Organisation 
concerned. 

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2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

1. 

2. 

To  be  eligible  to  apply  for  membership  of  the  Conference,  a  Regional  Economic 
Integration Organisation must be one constituted solely by sovereign States to which 
its  Member  States  have  transferred  competence  over  a  range  of  matters  within  the 
purview of the Conference, including the authority to make decisions binding on its 
Member States in respect of those matters. 

Each Regional Economic Integration Organisation applying for membership shall, at 
the  time  of  such  application,  submit  a  declaration  of  competence  specifying  the 
matters  in  respect  of  which  competence  has  been  transferred  to  it  by  its  Member 
States. 

Each  Member  Organisation  and  its  Member  States  shall  ensure  that  any  change 
regarding the competence of the Member Organisation or in its membership shall be 
notified  to  the  Secretary  General,  who  shall  circulate  such  information  to  the  other 
Members of the Conference. 

Member States of the Member Organisation shall be presumed to retain competence 
over  all  matters  in  respect  of  which  transfers  of  competence  have  not  been 
specifically declared or notified. 

Any  Member  of  the  Conference  may  request  the  Member  Organisation  and  its 
Member  States  to  provide  information  as  to  whether  the  Member  Organisation  has 
competence in respect of any specific question which is before the Conference. The 
Member  Organisation  and  its  Member  States  shall  ensure  that  this  information  is 
provided on such request. 

The  Member  Organisation  shall  exercise  membership  rights  on  an  alternative  basis 
with  its  Member  States  that  are  Members  of  the  Conference,  in  the  areas  of  their 
respective competences. 

The  Member  Organisation  may  exercise  on  matters  within  its  competence,  in  any 
meetings of the Conference in which it is entitled to participate, a number of votes 
equal to the number of its Member States which have transferred competence to the 
Member Organisation in respect of the matter in question, and which are entitled to 
vote in and have registered for such meetings. Whenever the Member Organisation 
exercises its right to vote its Member States shall not exercise theirs, and conversely. 

“Regional  Economic  Integration  Organisation”  means  an  international  organisation 
that is constituted solely by sovereign  States, and to which its Member States have 
transferred  competence  over  a  range  of  matters,  including  the  authority  to  make 
decisions binding on its Member States in respect of those matters.  

Article 3 

The  Council  on  General  Affairs  and  Policy  (hereafter  “the  Council”),  composed  of 
all Members, has charge of the operation of the Conference. Meetings of the Council 
shall, in principle, be held annually. 

The  Council  ensures  such  operation  through  a  Permanent  Bureau  the  activities  of 
which it directs. 

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3. 

4. 

5. 

6. 

7. 

8. 

1. 

2. 

3. 

The Council shall examine all proposals intended to be placed on the agenda of the 
Conference. It shall be free to determine the action to be taken on such proposals.  

The  Netherlands  Standing  Government  Committee,  instituted  by  Royal  Decree  of 
February 20, 1897 with a view to promoting the codification of private international 
law, shall, after consultation with the Members of the Conference, determine the date 
of the Diplomatic Sessions. 

The Standing Government Committee shall address itself to the Government of the 
Netherlands  for  the  convocation  of  the  Members.  The  Chair  of  the  Standing 
Government Committee presides over the Sessions of the Conference. 

The Ordinary Sessions of the Conference shall, in principle, be held every four years. 

If  necessary,  the  Council  may,  after  consultation  with  the  Standing  Government 
Committee, request the Government of the Netherlands to convene the Conference in 
Extraordinary Session. 

The Council may consult the Standing Government Committee on any other matter 
relevant to the Conference. 

Article 4 

The  Permanent  Bureau  shall  have  its  seat  at  The  Hague.  It  shall  be  composed  of  a 
Secretary General and four Secretaries who shall be appointed by the Government of 
the Netherlands upon presentation by the Standing Government Committee. 

The Secretary General and the Secretaries must possess appropriate legal knowledge 
and practical experience. In their appointment account shall also be taken of diversity 
of geographic representation and of legal expertise. 

The number of Secretaries may be increased after consultation with the Council and 
in accordance with Article 9. 

Under the direction of the Council, the Permanent Bureau shall be charged with: 

Article 5 

(a) 

the preparation and organisation of the Sessions of the Hague Conference and 
the meetings of the Council and of any Special Commissions; 

(b) 

the work of the Secretariat of the Sessions and meetings envisaged above; 

(c) 

all the tasks which are included in the activity of a secretariat. 

Article 6 

1. 

With a view to facilitating communication between the Members of the Conference 
and  the  Permanent  Bureau,  the  Government  of  each  of  the  Member  States  shall 
designate a national organ and each Member Organisation a contact organ. 

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2. 

1. 

2. 

1. 

2. 

3. 

1. 

2. 

3. 

1. 

2. 

The  Permanent  Bureau  may  correspond  with  all  the  organs  so  designated  and  with 
the competent international organisations. 

Article 7 

The Sessions and, in the interval between Sessions, the Council, may set up Special 
Commissions  to  prepare  draft  Conventions  or  to  study  all  questions  of  private 
international law which come within the purpose of the Conference. 

The Sessions, Council and Special Commissions shall, to the furthest extent possible, 
operate on the basis of consensus. 

Article 8 

The budgeted costs of the Conference shall be apportioned among the Member States 
of the Conference. 

A Member Organisation shall not be required to contribute in addition to its Member 
States to the annual budget of the Conference, but shall pay a sum to be determined 
by the Conference, in consultation with the Member Organisation, to cover additional 
administrative expenses arising out of its membership. 

In  any  case,  travelling  and  living  expenses  of  the  delegates  to  the  Council  and  the 
Special Commissions shall be payable by the Members represented. 

Article 9 

The  budget  of  the  Conference  shall  be  submitted  each  year  to  the  Council  of 
Diplomatic Representatives at The Hague for approval. 

These  Representatives  shall  also  apportion  among  the  Member  States  the  expenses 
which are charged in that budget to the latter. 

The Diplomatic Representatives shall meet for such purposes under the chairmanship 
of the Minister of Foreign Affairs of the Kingdom of the Netherlands. 

Article 10 

The  expenses  resulting  from  the  Ordinary  and  Extraordinary  Sessions  of  the 
Conference shall be borne by the Government of the Netherlands. 

In any case, the travelling and living expenses of the delegates shall be payable by 
the respective Members. 

Article 11 (French text only) 

Les usages de la Conférence continuent à être en vigueur pour tout ce qui n’est pas contraire 
au présent Statut ou aux Règlements. 

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Article 12 

1. 

2. 

3. 

Amendments  to  the  present  Statute  must  be  adopted  by  consensus  of  the  Member 
States present at a meeting concerning General Affairs and Policy.  

Such amendments shall enter into force, for all Members, three months after they are 
approved  by  two  thirds  of  the  Member  States  in  accordance  with  their  respective 
internal procedures, but not earlier than nine months from the date of their adoption. 

The meeting referred to in paragraph 1 may change by consensus the periods of time 
referred to in paragraph 2. 

Article 13 

To provide for their execution, the provisions of the present Statute will be complemented by 
Regulations. The Regulations shall be established by the Permanent Bureau and submitted to 
a Diplomatic Session, the Council of Diplomatic Representatives or the Council on General 
Affairs and Policy for approval. 

1. 

2. 

3. 

1. 

2. 

Article 14 

The present Statute shall be submitted for acceptance to the Governments of States 
which participated in one or more Sessions of the Conference. It shall enter into force 
as  soon  as  it  is  accepted  by  the  majority  of  the  States  represented  at  the  Seventh 
Session. 

The  statement  of  acceptance  shall  be  deposited  with  the  Netherlands  Government, 
which shall make it known to the Governments referred to in the first paragraph of 
this article.  

The Netherlands Government shall, in the case of the admission of a new Member, 
inform all Members of the statement of acceptance of that new Member. 

Article 15 

Each Member may denounce the present Statute after a period of five years from the 
date of its entry into force under the terms of Article 14, paragraph 1. 

Notice  of  the  denunciation  shall  be  given  to  the  Ministry  of  Foreign  Affairs  of  the 
Kingdom  of  the  Netherlands  at  least  six  months  before  the  expiration  of  the 
budgetary year of the Conference, and shall become effective at the expiration of the 
said year, but only with respect to the Member which has given notice thereof. 

The English and French texts of this Statute, as amended on…….. 200., are equally authentic. 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL : 

Council  decision  on  the  accession  of  the  European  Community  to  the  Hague 
Conference on Private International Law 

2. 

ABM / ABB FRAMEWORK 

Policy Area(s) concerned and associated Activity/Activities:  

18.06 Establishing a genuine area of criminal and civil justice 

3. 

BUDGET LINES 

3.1. 

Budget  lines  (operational  lines  and  related  technical  and  administrative  assistance 
lines (ex- B..A lines)) including headings : 

Framework  Programme  on  Fundamental  Rights  and  Justice  for  the  period  2007-
2013; specific programme “Civil Justice”; budget line entry to be determined in the 
preliminary draft budget (PDB) 2007. 

3.2. 

Duration of the action and of the financial impact: 

2007- onwards  

3.3. 

Budgetary characteristics: 

Not applicable 

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4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

4.1.1. 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

Section 
no. 

Expenditure type 

n + 1 

n + 2 

n + 3 

n + 4 

Year 
n 

n + 5 
and 
later 

Total 

EUR million (to 3 decimal places) 

Operational expenditure5 

Commitment 
Appropriations (CA) 

8.1 

Payment  Appropriations 
(PA) 

a 

b 

Co-financing details 

0,001

0,001 

0,001 

0,001 

0,001 

0,001 

If  the  proposal  involves  co-financing  by  Member  States,  or  other  bodies  (please  specify 
which),  an  estimate  of  the  level  of  this  co-financing  should  be  indicated  in  the  table  below 
(additional  lines  may  be  added  if  different  bodies  are  foreseen  for  the  provision  of  the  co-
financing): 

EUR million (to 3 decimal places) 

n + 1 

n + 2 

n + 3 

n + 4 

Year 
n 

n  +  5 
and 
later 

Total 

Co-financing body 

…………………… 

TOTAL CA including co-
financing 

f 

a+c
+d+
e+f 

4.1.2.  Compatibility with Financial Programming 

The  cost  of  this  proposal  (+/-  1000€  per  year)  is  included  in  the  global  amount 
proposed  for  the  specific  programme  “Civil  Justice”  within  the  Framework 
Programme “Fundamental rights and Justice” for the period 2007-2013.  

The  appropriations  are  purely  indicative  and  subject  to  their  compatibility  with  the 
decision  to  be  taken  on  the  medium  term  financial  framework  of  the  Financial 
Perspectives 2007-2013. 

(cid:133) 

Proposal is compatible with existing financial programming. 

5 

Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 

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(cid:133) 

(cid:133) 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement6 (i.e. flexibility instrument or revision of the financial perspective). 

4.1.3.  Financial impact on Revenue 

x 

Proposal has no financial implications on revenue 

(cid:133) 

Proposal has financial impact – the effect on revenue is as follows: 

4.2. 

Human Resources FTE (including officials, temporary and external staff) – see detail 
under point 8.2.1. 

Annual requirements 

Year n 

n + 1 

n + 2 

n + 3 

n + 4 

n + 5 
and 
later 

Total 
number 
human resources 

of 

5. 

CHARACTERISTICS AND OBJECTIVES 

The  accession  of  the  European  Community  to  the  international  organisation  “Hague 
Conference  on  Private  International  Law”  entails  an  annual  financial  contribution,  to  be 
determined  by  the  organisation  in  consultation  with  the  European  Community,  to  cover 
additional  administrative  expenses  arising  out  of  its  membership.  The  contribution  will  be 
payable for the first time in 2007 and, consequently, no exact sum has been determined yet. 
Given that the contribution is only intended to cover “additional administrative expenses”, the 
amount will not exceed 1,000 € per year.  

6.  DETAILS OF RESOURCES 

Not applicable 

6 

See points 19 and 24 of the Interinstitutional agreement. 

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