Proposal for a COUNCIL DECISION authorising Romania to accept, in the interest of the European Union, the accession of Chile, Iceland and Bahamas to the 1980 Hague Convention on the Civil Aspects of International Child Abduction
Date: 2017-07-03
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: Bahamas, Chile, Iceland, Romania, accession to an agreement, child, child protection, illegal restraint, international convention, parental responsibility

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   EUROPEAN COMMISSION  Brussels, 3.7.2017  COM(2017) 360 final 2017/0150 (NLE)   Proposal for a COUNCIL DECISION authorising Romania to accept, in the interest of the European Union, the accession of Chile, Iceland and Bahamas to the 1980 Hague Convention on the Civil Aspects of International Child Abduction  
 
EXPLANATORY MEMORANDUM 

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CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The aim of the Hague Convention of 25 October 1980 on the Civil Aspects of International 
Child  Abduction  (hereafter:  "the  1980  Convention"),  to  date  ratified  by  97  countries, 
including all EU Member States, is to restore the status quo by mean of the prompt return of 
wrongfully  removed  or  retained  children  through  a  system  of  cooperation  among  central 
authorities appointed by its Contracting Parties. 

As the prevention of child abduction is an essential part of the EU policy to promote the rights 
of the child, the European Union is active at international level to improve the application of 
the 1980 Convention and encourages third States to accede it.  

Chile deposited the accession instrument to the 1980 Convention on 23 February 1994. The 
Convention entered into force in Chile on 1 May 1994.   

The  1980  Convention  is  already  into  force  between  Chile  and  27  EU  Member  States.  Only 
Romania has not yet accepted the accession of Chile to the Convention. 

Iceland deposited the accession instrument to the 1980 Convention on 14 August 1996. The 
Convention entered into force in Iceland on 1 September 1996.   

The  1980  Convention  is  already  into  force  between  Iceland  and  27  Member  States.  Only 
Romania has not yet accepted the accession of Iceland to the Convention. 

Bahamas deposited the accession instrument to the 1980 Convention on 1 October 1993. The 
Convention entered into force in Bahamas on 1 January 1994.   

The 1980 Convention is already into force between Bahamas and 26 EU Member States. Only 
Denmark and Romania have not yet accepted the accession of Bahamas to the Convention. 

Article  38(4)  of  the  1980  Convention  stipulates  that  the  Convention  applies  between  the 
acceding  country  and  such  Contracting  States  as  will  have  declared  their  acceptance  of  the 
accession.  

The  existence  of  the  EU  exclusive  competence  in  the  matter  of  the  acceptance  of  the 
accession of a third State to the 1980 Convention was confirmed by the Court of Justice of the 
European Union, which was consulted at the Commission's initiative.  

On 14 October 2014, Opinion 1/13 of the Court of Justice of the European Union stated that 
the  exclusive  competence  of  the  European  Union  encompasses  the  acceptance  of  the 
accession of a third state to the 1980 Hague Convention on the Civil Aspects of International 
Child Abduction.  

The Court insisted on the need for uniformity on the matter at EU level, avoiding a géométrie 
variable among Member States.  

As the matter of international child abduction falls within the exclusive external competence 
of  the  European  Union,  the  decision  whether  to  accept  the  accession  of  Chile,  Iceland  and 
Bahamas has to be taken at EU level by means of a Council Decision. Romania should thus 
make the declaration of acceptance concerning the accession of Chile, Iceland and Bahamas 
in the interest of the European Union. 

The acceptance of Romania would render the 1980 Convention applicable between Bahamas 
and  all  EU  Member  States  except  Denmark.  In  relation  to  Chile  and  Iceland  the  1980 
Convention will become applicable with all EU Member States. 

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• 

Consistency with existing policy provisions in the policy area 

As  far  as  parental  child  abduction  is  concerned,  the  1980  Hague  Convention  is  the 
international  counterpart  of  Council  Regulation  No  2201/2003  (known  as  the  Brussels  IIa 
Regulation) which is the cornerstone of EU judicial cooperation in matrimonial  matters and 
matters of parental responsibility1.  

One  of  the  main  objectives  of  the  Regulation  is  to  deter  child  abduction  between  Member 
States by establishing procedures to ensure the child's prompt return to the Member State of 
his/her habitual residence. To this end, the Brussels IIa Regulation incorporates in its Article 
11 the procedure laid down in the 1980 Hague Convention and complements it by clarifying 
some of its aspects, in particular the hearing of the child, the time period to render a decision 
after an application for return has been lodged and the grounds for not returning the child. It 
also  introduces  provisions  governing  conflicting  return  and  non-return  orders  issued  in 
different Member States. 

At  the  international  level,  the  European  Union  supports  the  accession  of  third  States  to  the 
1980 Convention in order for its Member States to rely upon a common legal framework to 
deal with international child abductions.  

Ten Council Decisions have been already adopted between June 2015 and December 2016 in 
order to accept the accession to the 1980 Hague Convention on International Child Abduction 
of  10  third  countries  (Morocco,  Singapore,  the  Russian  Federation,  Albania,  Andorra,  the 
Seychelles, Armenia, the Republic of Korea, Kazakhstan and Peru)2. 

• 

Consistency with other Union policies 

The present proposal is evidently linked to the general objective enshrined in Article 3 of the 
Treaty on the European Union to protect the rights of the child. The 1980 Hague Convention 
system is designed to protect the child from the harmful effects of a parental abduction and 
ensure that the child is able to maintain contact with both parents, for instance by securing the 
effective exercise of access rights. 

It is worth mentioning also the link to the promotion of the use of mediation in the settlement 
of  cross-border  family  disputes.  The  Directive  on  certain  aspects  of  mediation  in  civil  and 
commercial  matters3  also  applies  to  family  law  within  the  common  European  judicial  area. 
The 1980 Hague Convention also encourages the amicable resolution of family disputes. One 
of  the  Guides  to  Good  Practise  under  the  1980  Hague  Convention  published  by  the  Hague 
Conference on Private International Law is devoted to the use of mediation for the resolution 
of  international  family  disputes  concerning  children  which  fall  within  the  scope  of  the 
Convention. At the initiative of the European Commission, this Guide has been translated in 
all  EU  languages  other  than  English  and  French  and  also  in  Arabic  to  support  the  dialogue 

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3 

OJ L 338, 23.12.2003, p.31. 
Ten Council Decisions have been already adopted, authorizing Member States to accept the accession 
to  the  1980  Convention  of  Andorra  (Council  Decision  2015/1023  adopted  on  15  June  2015); 
Seychelles  (Council  Decision  2015/2354  adopted  on  10  December  2015);  Russia  (Council  Decision 
2015/2355  adopted  on  10  December  2015);  Albania  (Council  Decision  2015/2356  adopted  on  10 
December  2015);  Singapore  (Council  Decision  2015/1024   adopted  on  15  June  2015);  Morocco 
(Council Decision 2015/2357 adopted on 10 December 2015); Armenia (Council Decision 2015/2358 
adopted  on  10  December  2015);  Republic  of  Korea  (Council  Decision  2016/2313  adopted  on  8 
December  2016  )  ,  Kazakhstan  (Council  Decision  2016/2311  adopted  on  8.12.2016  )  and  Peru 
(Council Decision 2016/2312 adopted on 8.12.2016).  
Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects 
of mediation in civil and commercial matters (OJ L 136 of 24 May 2008,p. 3); 

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with  States  which  have  not  yet  ratified  the  Convention  and  help  finding  concrete  ways  to 
tackle the problems posed by international child abduction with non-ratification countries4. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

Given the fact that the decision regards an international agreement, the applicable legal basis 
is Article 218 of the Treaty on the Functioning of the European Union together with Article 
81 (3). The Council shall act unanimously after consulting the European Parliament. 

The  United  Kingdom  and  Ireland  are  bound  by  Regulation  (EC)  No  2201/2003  and  are 
therefore taking part in the adoption and application of this Decision. 

In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to 
the Treaty on European Union and to the Treaty on the Functioning of the European Union, 
Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to 
its application. 

• 

Proportionality 

The present proposal is drafted along the lines of the already adopted Council Decisions on 
the same subject matter and does not go beyond what is necessary to achieve the objective of 
a coherent EU action in the matter of international child abduction by ensuring that Romania 
accepts the accession of Chile, Iceland and Bahamas to the 1980 Hague Convention within a 
given time frame. 

• 

• 

RESULTS  OF  EX-POST  EVALUATIONS, 

3. 
CONSULTATIONS AND IMPACT ASSESSMENTS 

STAKEHOLDER 

Stakeholder consultations 

Romania,  consulted  by  the  Commission  on  its  willingness  to  accept  the  accession  of  Chile, 
Iceland and Bahamas to the 1980 Convention, gave a favourable opinion.  

The discussions held at the expert meeting of 24 April 2017 showed that -at this stage- there 
are no objections from the Member States to the acceptance by Romania of the accession of 
Chile, Iceland and Bahamas to the 1980 Convention. 

• 

Collection and use of expertise 

Given  that  the  Convention  is  already  into  force  with  27  Member  States  in  relation  to  Chile 
and  Iceland  and  with  26  Member  States  in  relation  to  Bahamas,  it  was  the  opinion  of  the 
Commission  and  of  the  Member  States'  experts  that,  in  such  cases,  there  is  no  need  of  a 
specific assessment of the situation of the third country.  

The  Member  States'  experts  did  not  report  any  problems  in  the  application  of  the  1980 
Convention with respect to Chile, Iceland and Bahamas. 

• 

Impact assessment 

As  for  the  ten  Council  Decisions  already  adopted  between  2015  and  2016  concerning  the 
acceptance of the accession of several third States to the 1980 Hague Convention, no specific 

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https://www.hcch.net/en/publications-and-studies/details4/?pid=5568&dtid=3 

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impact assessment has been carried out given the nature of this legislative act. In any case, a 
specific assessment of the situation of  Chile, Iceland and Bahamas  was deemed superfluous 
taking into account both the fact that the Convention is already into force with, respectively, 
27  and  26  EU  Member  States  and  the  willingness  of  Romania  to  accept  the  accession  of 
Chile, Iceland and Bahamas. 

• 

4. 

BUDGETARY IMPLICATIONS 

The proposed decision has no budgetary implications. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

As the proposal concerns only the authorization to Romania to accept the accession of Chile, 
Iceland and Bahamas to the 1980 Convention, the monitoring of its implementation is limited 
to the respect by Romania of the wording of the declaration and the timeframe to deposit it 
and communicate its deposit to the Commission as established in the Council Decision. 

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2017/0150 (NLE) 

Proposal for a 

COUNCIL DECISION 

authorising Romania to accept, in the interest of the European Union, the accession of 
Chile, Iceland and Bahamas to the 1980 Hague Convention on the Civil Aspects of 
International Child Abduction 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 81(3) in conjunction with Article 218 thereof, 

Having regard to the proposal from the European Commission, 
Having regard to the opinion of the European Parliament5,  

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

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The European Union has set as one of its aims the promotion of the protection of the 
rights of the child, as stated in Article 3 of the Treaty on European Union. Measures 
for  the  protection  of  children  against  wrongful  removal  or  retention  are  an  essential 
part of that policy. 
The  Council  adopted  Regulation  (EC)  No 2201/20036  (‘Brussels  IIa  Regulation’), 
which  aims  to  protect  children  from  the  harmful  effects  of  wrongful  removal  or 
retention and to establish procedures to ensure their prompt return to the state of their 
habitual residence, as well as to secure the protection of rights of access and rights of 
custody. 

The  Brussels  IIa  Regulation  complements  and  reinforces  the  Hague  Convention 
of 25 October 1980 on the Civil  Aspects of International Child  Abduction  (‘the 1980 
Hague Convention’) which establishes, at international level, a system of obligations 
and cooperation among contracting states and between central authorities and aims to 
ensure the prompt return of wrongfully removed or retained children. 

All Member States of the Union are party to the 1980 Hague Convention. 

The  Union  encourages  third  states  to  accede  to  the  1980  Hague  Convention  and 
supports  the  correct  implementation  of  the  1980  Hague  Convention  by participating, 
along  with  the  Member States,  inter  alia,  in  the  special  commissions  organised  on  a 
regular basis by the Hague Conference on private international law. 

A common legal framework applicable between Member States of the Union and third 
states could be the best solution to sensitive cases of international child abduction. 

The 1980 Hague Convention stipulates that it applies between the acceding state and 
such contracting states as have declared their acceptance of the accession. 

OJ C , , p. . 
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, repealing Regulation (EC) No 1347/2000 (OJ L 338, 23.12.2003, p. 1). 

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(8) 

(9) 

The  1980  Hague  Convention  does  not  allow  regional  economic  integration 
organisations  such  as  the  Union  to  become  party  to  it.  Therefore,  the  Union  cannot 
accede  to  that  Convention,  nor  can  it  deposit  a  declaration  of  acceptance  of  an 
acceding state. 

Pursuant to Opinion 1/13 of the Court of Justice of the European Union, declarations 
of  acceptance  under  the 1980  Hague  Convention  fall  within  the  exclusive  external 
competence of the Union. 

(10)  Chile  deposited  the  accession  instrument  to  the  1980  Convention  on  23  February 

1994. The Convention entered into force in Chile on 1 May 1994. 

(11)  All concerned Member States, with the exception of Romania, have already accepted 
the  accession  of  Chile  to  the  1980  Hague  Convention.  Chile  has  accepted  Cyprus, 
Slovenia,  Bulgaria,  Estonia,  Latvia,  Lithuania  and  Malta.  An  assessment  of  the 
situation in Chile has led to the conclusion that Romania is in a position to accept, in 
the  interest  of  the  Union,  the  accession  of  Chile  under  the  terms  of  the  1980  Hague 
Convention. 

(12) 

Iceland  deposited  the  accession  instrument  to  the  1980  Convention  on  14  August 
1996. The Convention entered into force in Iceland on 1 September 1996.   

(13)  All concerned Member States, with the exception of Romania, have already accepted 
the accession of Iceland to the 1980 Hague Convention. Iceland has accepted Bulgaria, 
Estonia, Latvia, Lithuania and Malta. An assessment of the situation in Iceland has led 
to the conclusion that Romania is in a position to accept, in the interest of the Union, 
the accession of Iceland under the terms of the 1980 Hague Convention. 

(14)  Bahamas  deposited  the  accession  instrument  to  the  1980  Convention  on  1  October 

1993. The Convention entered into force in Bahamas on 1 January 1994.   

(15)  All concerned Member States, with the exception of Romania, have already accepted 
the  accession  of  Bahamas  to  the  1980  Hague  Convention.  Bahamas  has  accepted 
Bulgaria,  Cyprus,  Estonia,  Latvia,  Lithuania,  Malta  and  Slovenia.  An  assessment  of 
the  situation  in  Bahamas  has  led  to  the  conclusion  that  Romania  is  in  a  position  to 
accept, in the interest of the Union, the accession of Bahamas under the terms of the 
1980 Hague Convention. 

(16)  Romania should therefore be authorised to deposit its declaration of acceptance of the 
accession  of  Chile,  Iceland  and  Bahamas  in  the  interest  of  the  Union  in  accordance 
with the terms set out in this Decision. The other Member States of the Union which 
have already accepted the accession of Chile, Iceland and Bahamas to the 1980 Hague 
Convention  should  not  deposit  new  declarations  of  acceptance  as  the  existing 
declarations remain valid under public international law. 

(17)  The  United  Kingdom  and  Ireland  are  bound  by  the  Brussels  IIa  Regulation  and  are 

taking part in the adoption and application of this Decision. 

(18) 

In  accordance  with  Articles  1  and  2  of  Protocol  No  22  on  the  position  of  Denmark, 
annexed to the Treaty on European Union and to the Treaty on the Functioning of the 
European Union, Denmark is not taking part in the adoption of this Decision and is not 
bound by it or subject to its application, 

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HAS ADOPTED THIS DECISION:  

Article 1 

1. 

2. 

Romania is hereby authorised to accept the accession of Chile, Iceland and Bahamas 
to  the  Hague  Convention  of  25  October  1980  on  the  Civil Aspects  of  International 
Child Abduction (‘the 1980 Hague Convention’) in the interest of the Union. 

Romania  shall,  no  later  than  …  [twelve  months  after  the  date  of  adoption  of  this 
Decision], deposit a declaration of acceptance of the accession of Chile, Iceland and 
Bahamas  to  the  1980  Hague  Convention  in  the  interest  of  the  Union  worded  as 
follows: 

‘[Full name of MEMBER STATE] declares that it accepts the accession of Chile, Iceland and 
Bahamas to the Hague Convention of 25 October 1980 on the Civil Aspects of International 
Child Abduction, in accordance with Council Decision (EU) 2017/…’. 

3. 

Romania  shall  inform  the  Council  and  the  Commission  of  the  deposit  of  its 
declaration  of  acceptance  of  the  accession  of  Chile,  Iceland  and  Bahamas  and 
communicate to the Commission the text of the declaration within two months of its 
deposit. 

Those  Member  States  which  deposited  their  declarations  of  acceptance  of  the  accession  of 
Chile,  Iceland and Bahamas  to  the  1980 Hague Convention prior  to  the date of adoption of 
this Decision, shall not deposit new declarations. 

Article 2 

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

Article 3 

This Decision is addressed to Romania. 

Done at Brussels, 

Article 4 

For the Council 
The President 

 

OJ: please insert the number of this Decision. 

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