P9_TA(2023)0449 – Authorisation empowering France to negotiate a bilateral agreement with Algeria concerning judicial cooperation in civil matters related to family law – European Parliament legislative resolution of 12 December 2023 on the proposal for a Council decision on an authorisation addressed to France to negotiate a bilateral agreement with Algeria on matters related to judicial cooperation concerning family law matters (COM(2023)0064 – C9-0026/2023 – 2023/0027(CNS)) (Special legislative procedure – consultation)
Date: 2023-12-12
Institutions: Committee on Legal Affairs, European Parliament
Subjects: Algeria, France, bilateral agreement, family law, judicial cooperation, negotiation of an agreement (EU)








C_202404194EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/4194


2.8.2024






P9_TA(2023)0449

Authorisation empowering France to negotiate a bilateral agreement with Algeria concerning judicial cooperation in civil matters related to family law


European Parliament legislative resolution of 12 December 2023 on the proposal for a Council decision on an authorisation addressed to France to negotiate a bilateral agreement with Algeria on matters related to judicial cooperation concerning family law matters (COM(2023)0064 – C9-0026/2023 – 2023/0027(CNS))


(Special legislative procedure – consultation)

(C/2024/4194)



The European Parliament,







—


having regard to the Commission proposal to the Council (COM(2023)0064),










—


having regard to Article 2(1) and Article 81(3) of the Treaty on the Functioning of the European Union pursuant to which the Council consulted Parliament (C9-0026/2023),










—


having regard to Rule 82 of its Rules of Procedure,










—


having regard to the report of the Committee on Legal Affairs (A9-0355/2023)






1.   

Approves the Commission proposal as amended;



2.   

Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union;



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 substantially amend the Commission proposal;



5.   

Instructs its President to forward its position to the Council, the Commission and the national parliaments.



Amendment 1


Proposal for a decision


Recital 2







 





Text proposed by the Commission




Amendment











(2)


France provided information showing that 
it has a specific interest in negotiating the draft agreement transmitted to the Commission,
 due to the exceptional economic, cultural, historical, social and political ties between France and Algeria.












(2)


France provided information showing that due to the exceptional economic, cultural, historical, social and political ties between France and Algeria
, France has a specific interest in negotiating a bilateral agreement with Algeria, the draft of which was transmitted to the Commission
.









Amendment 2


Proposal for a decision


Recital 8







 





Text proposed by the Commission




Amendment











(8)




Most
 of the matters to be dealt with in the draft agreement between France and Algeria affect the EU acquis
, in particular the EU legislation
 concerning family law matters. Consequently, the matters covered by such international commitments fall within the Union’s exclusive external competence. Member States may negotiate, or enter into, such commitments only if 
empowered to do so by the Union in accordance with
 Article 2(1) of the Treaty on the Functioning of the European Union (TFEU) 
in conjunction
 with the 
substantive legal basis of
 Article 81(3) TFEU.












(8)




Certain
 of the matters to be dealt with in the draft agreement between France and Algeria affect the 
relevant
 EU acquis concerning family law matters. Consequently, the matters covered by such international commitments fall within the Union’s exclusive external competence. Member States may negotiate, or enter into, such commitments only if 
they are granted under
 Article 2(1) of the Treaty on the Functioning of the European Union (TFEU) 
an empowerment by the Union legislator to do so, in accordance
 with the 
legislative procedure referred to in
 Article 81(3) TFEU.









Amendment 3


Proposal for a decision


Article 1 – paragraph 1 – indent 1







 





Text proposed by the Commission




Amendment











—


inform Algeria that the European Commission 
shall
 take part in the negotiations as an observer and will be informed of any progress and results achieved during the various stages of the negotiations;












—


inform Algeria that the European Commission 
may
 take part in the negotiations as an observer and will be informed of any progress and results achieved during the various stages of the negotiations;









Amendment 4


Proposal for a decision


Article 1 – paragraph 1 – indent 2







 





Text proposed by the Commission




Amendment











—


encourage Algeria to consider accession to the core Conventions concerning family law matters developed by the Hague Conference on Private International Law and start 
a serious
 analysis of the 
reasons
 which 
has
 prevented Algeria to do so for the time being;












—


encourage Algeria to consider accession to the core Conventions concerning family law matters developed by the Hague Conference on Private International Law and start 
an
 analysis of the 
most appropriate means to remove the obstacles
 which 
have
 prevented Algeria to do so for the time being;









Amendment 5


Proposal for a decision


Article 1 – paragraph 1 – indent 3







 





Text proposed by the Commission




Amendment











—


inform Algeria that, after the conclusion of negotiations, an authorisation from the Council of the European Union is required before 
the Parties are
 allowed to conclude the agreement;












—


inform Algeria that, after the conclusion of negotiations, an authorisation from the Council of the European Union is required before 
France is
 allowed to conclude the agreement;









Amendment 6


Proposal for a decision


Article 1 – paragraph 1 – indent 4







 





Text proposed by the Commission




Amendment











—


inform Algeria that the authorisation from the Council of the European Union to conclude the agreement, following a proposal from the Commission, may provide that the agreement may have a limited validity in time 
( for instance, five years) and may have
 to be 
reconsidered afterwards
;












—


inform Algeria that the authorisation from the Council of the European Union to conclude the agreement, following a proposal from the Commission, may provide that the agreement may have a limited validity in time
, possibly with a system of a tacit renewal
 to be 
indicated in the decision of the European Parliament and of the Council on the conclusion of the agreement
;









Amendment 7


Proposal for a decision


Article 1 – paragraph 1 – indent 4 a (new)







 





Text proposed by the Commission




Amendment





 








—




insert a provision providing for full or partial denunciation of the agreement or direct replacement of the relevant provisions in the agreement in the event of the conclusion of a subsequent agreement between the Union or the Union and its Member States, on the one hand, and Algeria, on the other hand, or Algeria's accession to the relevant Hague Conventions;











Amendment 8


Proposal for a decision


Article 1 – paragraph 1 – indent 5







 





Text proposed by the Commission




Amendment











—


insert a provision to the effect that the decisions recognised in France under this agreement cannot subsequently circulate in other EU Member States;












—


insert a provision to the effect that the decisions recognised in France under this agreement cannot subsequently circulate in other EU Member States 
under Union law
;









Amendment 9


Proposal for a decision


Article 1 – paragraph 1 – indent 6







 





Text proposed by the Commission




Amendment











—


ensure that the provisions 
concerning the right to refuse the service of documents are aligned with the provisions of Article 12(3)
 of the 
Service of Documents recast Regulation, meaning the addressee may refuse service of documents either at the time of service or within two weeks of the time of service
;












—


ensure that the provisions 
of the agreement negotiated with Algeria comply with the relevant Union acquis and Hague Conventions
;










ELI: http://data.europa.eu/eli/C/2024/4194/oj
ISSN 1977-091X (electronic edition)