Legal provisions of COM(2001)680 - Authorization of the Member States to sign the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children (the 1996 Hague Convention)

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dossier COM(2001)680 - Authorization of the Member States to sign the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and ...
document COM(2001)680 EN
date December 19, 2002


Contents

Article 1

1. The Council hereby authorises the Member States to sign 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 interest of the Community, subject to the conditions set out in the following articles.

2. The text of the Convention is attached to this Decision(2).

3. In this Decision, the term 'Member State' shall mean all Member States with the exception of Denmark.

Article 2

When signing the Convention, Member States shall make the following declaration:

"Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility in order to apply a simple and rapid regime for the recognition and enforcement of judgments. The Community rules provide for a system of recognition and enforcement which is at least as favourable as the rules laid down in the Convention. Accordingly, a judgment given in a Court of a Member State of the European Union, in respect of a matter relating to the Convention, shall be recognised and enforced in(3) by application of the relevant internal rules of Community law(4)."

Article 3

Member States shall make the necessary arrangements for the Convention to be signed before 1 June 2003.

Article 4

When signing the Convention, Member States shall inform the Ministry of Foreign Affairs of the Kingdom of the Netherlands in writing that the signing has taken place in accordance with this Decision.


This Decision is addressed to the Member States in accordance with the Treaty establishing the European Community.