2003/93/EC: Council Decision of 19 December 2002 authorising the Member States, in the interest of the Community, to sign the 1996 Hague Convention on jurisdiction, applicable law, recognition, enforcement and cooperation in respect of parental responsibility andmeasures for the protection of children

Council decision
of 19 December 2002
authorising the Member States, in the interest of the Community, to sign the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children
(2003/93/CE)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 61(c) and Article 300 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) The Community is working towards the establishment of a common judicial area based on the principle of mutual recognition of judicial decisions.
(2) The Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children concluded on 19 October 1996 in the framework of The Hague Conference on Private International Law, (hereinafter referred to as the Convention) makes a valuable contribution to the protection of children at international level, and it is therefore desirable that its provisions be applied as soon as possible.
(3) Certain articles of the Convention affect Community secondary legislation on jurisdiction and the recognition and enforcement of judgments, in particular Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses(1).
(4) The Community has exclusive competence for the relevant provisions of the Convention insofar as those articles affect Community rules adopted in this area. The Member States should retain their competence in the areas covered by the Convention which do not affect Community law.
(5) Pursuant to the Convention, only sovereign States may be party to it. For that reason, the Community may not at present sign, ratify or accede to it.
(6) The Council should therefore authorise the Member States, by way of exception, to sign the Convention in the interest of the Community, under the conditions set out in this Decision.
(7) Taking account of Articles 23, 26 and 52 of the Convention, a Decision taken by a Member State on matters governed by the Convention may be recognised and enforced in another Member State in accordance with the relevant internal rules of Community law.
(8) The United Kingdom and Ireland are taking part in the adoption and application of this Decision.
(9) Denmark, in accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community, is not taking part in the adoption of this Decision and is therefore not bound by it nor subject to its application,