Bilateral agreements between Member States and third countries on judgments and decisions in matrimonial matters, parental responsibility and maintenance obligations * 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))
Date: 2009-05-07
Institutions: Committee on Civil Liberties, Justice and Home Affairs, Committee on Legal Affairs, European Parliament
Subjects: Community acquis, EU law, bilateral agreement, international agreement, judicial cooperation, national law, revision of an agreement








CE2010212EN.01045601.xml










5.8.2010   


EN


Official Journal of the European Union


CE 212/456





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,
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;










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;










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.










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.












(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.









Amendment 56






Proposal for a regulation


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. 
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






Proposal for a regulation


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 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.









Amendment 58






Proposal for a regulation


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)




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.










Amendment 59






Proposal for a regulation


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 
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’).









Amendment 60






Proposal for a regulation


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)




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.











Amendment 61






Proposal for a regulation


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 
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.









Amendment 62






Proposal for a regulation


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.










deleted







Amendment 43






Proposal for a regulation


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)




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.









Amendment 44






Proposal for a regulation


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.











Amendment 65






Proposal for a regulation


Recital 9 b (new)





 










(9b)






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











Amendment 46






Proposal for a regulation


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.











Amendment 66






Proposal for a regulation


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.










deleted







Amendment 67






Proposal for a regulation


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 
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.









Amendment 47






Proposal for a regulation


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.











Amendment 69






Proposal for a regulation


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.











Amendment 70






Proposal for a regulation


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.











Amendment 48






Proposal for a regulation


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.











Amendment 49






Proposal for a regulation


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.











Amendment 73






Proposal for a regulation


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).











Amendment 74






Proposal for a regulation


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.











Amendment 75






Proposal for a regulation


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 
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.











Amendment 76






Proposal for a regulation


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)




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.









Amendment 77






Proposal for a regulation


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.











Amendment 78






Proposal for a regulation


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.











Amendment 79






Proposal for a regulation


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.










deleted







Amendment 80






Proposal for a regulation


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 
EC
 Treaty, this Regulation does not go beyond what is necessary in order to achieve its objective.









Amendment 81






Proposal for a regulation


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)


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
.











Amendment 82






Proposal for a regulation


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.


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.







Amendment 83






Proposal for a regulation


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
.


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.







Amendment 84






Proposal for a regulation


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.







Amendment 85






Proposal for a regulation


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.


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




 










(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
.









Amendment 86






Proposal for a regulation


Article 2 – paragraph 2





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


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





Amendment 87






Proposal for a regulation


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
.


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
.





Amendment 88






Proposal for a regulation


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.


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.





Amendment 89






Proposal for a regulation


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.






deleted







Amendment 90






Proposal for a regulation


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.




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





Amendment 91






Proposal for a regulation


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:


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:





Amendment 92






Proposal for a regulation


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 
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
;









Amendment 93






Proposal for a regulation


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)




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











Amendment 94






Proposal for a regulation


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.











Amendment 95






Proposal for a regulation


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.







Amendment 96






Proposal for a regulation


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.


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.





Amendment 97






Proposal for a regulation


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.


2.   The agreement shall 
contain a
 clause 
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










 










(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.












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 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 (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.







Amendment 98






Proposal for a regulation


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).






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.




 





Amendment 50






Proposal for a regulation


Article 5 a (new)





 



Article 5a


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.




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.




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






Proposal for a regulation


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.





Amendment 101






Proposal for a regulation


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
.


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.





Amendment 102






Proposal for a regulation


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.




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






 










(a)






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










 










(c)






fulfils the requirement under Article 5(2).











Amendment 103






Proposal for a regulation


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.






deleted







Amendment 104






Proposal for a regulation


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.


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.





Amendment 105






Proposal for a regulation


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).






deleted







Amendment 106






Proposal for a regulation


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.




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.





Amendment 51






Proposal for a regulation


Article 7 a (new)





 



Article 7a


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).




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).




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.







Amendment 108






Proposal for a regulation


Article 8






Article 8


Committee procedure



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.




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.






deleted







Amendment 52






Proposal for a regulation


Article 8 a (new)





 



Article 8a


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.







Amendment 53






Proposal for a regulation


Article 8 b (new)





 



Article 8b


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.




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






Proposal for a regulation


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.


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.




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).







Amendment 112






Proposal for a regulation


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.


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.






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






Proposal for a regulation


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.




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.




 




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










 










(b)






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.





Amendment 114






Proposal for a regulation


Article 10 a (new)





 



Article 10a


Expiry



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.



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






Proposal for a regulation


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.


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






It shall apply until 31 December 2014.




 






(1)  

OJ L 12, 16.1.2001, p. 1.



(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).



(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).