Legal provisions of COM(2009)373 - Conclusion by the EC of the convention on the international recovery of child support and other forms of family maintenance

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dossier COM(2009)373 - Conclusion by the EC of the convention on the international recovery of child support and other forms of family maintenance.
document COM(2009)373 EN
date June  9, 2011

Contents

Article 1

The Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (‘the Convention’) is hereby approved on behalf of the European Union.

The text of the Convention is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to deposit, on behalf of the Union, the instrument referred to in Article 58(2) of the Convention.

Article 3

When depositing the instrument referred to in Article 58(2) of the Convention, the Union shall make the declaration of competence pursuant to Article 59(3) of the Convention.

The text of that declaration is attached as part A of Annex I to this Decision.

Article 4

1. When depositing the instrument referred to in Article 58(2) of the Convention, the Union shall declare, pursuant to Article 2(3) of the Convention, that it will extend the application of Chapters II and III of the Convention to spousal support.

The text of that declaration is attached as part B of Annex I to this Decision.

2. When depositing the instrument referred to in Article 58(2) of the Convention, the Union shall make the unilateral declaration the text of which is attached as Annex IV to this Decision.

Article 5

When depositing the instrument referred to in Article 58(2) of the Convention, the Union shall make the reservation provided for in Article 44(3) of the Convention concerning the Member States that object to the use of either English or French in communications between Central Authorities.

The text of that reservation is attached as Annex II to this Decision.

Article 6

When depositing the instrument referred to in Article 58(2) of the Convention, the Union shall make the declarations provided for in point (g) of Article 11(1) of the Convention concerning the information or documents required by the Member States and in Article 44(1) of the Convention concerning the languages accepted by the Member States other than their official languages, and the declaration provided for in Article 44(2) of the Convention.

The text of those declarations is attached as Annex III to this Decision.

Article 7

1. Member States shall notify the Commission, no later than 10 December 2012, of:

(a)the contact details of the Central Authorities designated in accordance with Article 4(3) of the Convention; and

(b)the information concerning laws, procedures and services referred to in Article 57 of the Convention.

2. When forwarding the information set out in paragraph 1 to the Commission, Member States shall use the Country Profile Form recommended and published by the Hague Conference on Private International Law, if possible, in electronic format.

3. The Commission shall forward the individual Country Profile Forms completed by the Member States to the Permanent Bureau of the Hague Conference on Private International Law (‘the Permanent Bureau’) at the time when the Union deposits the instrument referred to in Article 58(2) of the Convention.

Article 8

A Member State that wishes to withdraw the reservation regarding it set out in Annex II or to modify or withdraw the declaration regarding it set out in Annex III or to add a declaration regarding it in Annex III shall inform the Council and the Commission of the desired withdrawal, modification or addition.

The Union shall subsequently notify the depositary accordingly pursuant to Article 63(2) of the Convention.

Article 9

A Member State that wishes to modify the information given in its Country Profile Form after the initial forwarding of that form by the Commission shall inform the Permanent Bureau directly thereof or shall make the necessary change directly, if the electronic format of the Country Profile Form is being used. It shall inform the Commission at the same time.

Article 10

This Decision shall enter into force on the day of its adoption.