COUNCIL DECISION
of 9 June 2011
on the approval, on behalf of the European Union, of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance
(2011/432/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 81(3), in conjunction with point (b) of the second subparagraph of Article 218(6) and the first sentence of the second subparagraph of Article 218(8) thereof,
Having regard to the proposal from the European Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1)
The Union is working towards the establishment of a common judicial area based on the principle of mutual recognition of decisions.
(2)
The Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (‘the Convention’) constitutes a good basis for a worldwide system of administrative cooperation and for recognition and enforcement of maintenance decisions and maintenance arrangements, providing for free legal assistance in virtually all child support cases and for a streamlined procedure for recognition and enforcement.
(3)
Article 59 of the Convention allows Regional Economic Integration Organisations such as the Union to sign, accept, approve or accede to the Convention.
(4)
Matters governed by the Convention are also dealt with in Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (2). As agreed when Council Decision 2011/220/EU (3) on the signing of the Convention was adopted, the Union should approve the Convention alone and exercise its competence over all the matters governed by it. Consequently, the Member States should be bound by the Convention by virtue of its approval by the Union.
(5)
When approving the Convention, the Union should therefore make the declaration of competence pursuant to Article 59(3) of the Convention.
(6)
Moreover, the Union should, when approving the Convention, make all the appropriate reservations and declarations allowed under Articles 62 and 63 respectively of the Convention that it deems necessary.
(7)
In this respect, the Union should 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. It should at the same time make a unilateral declaration in which it undertakes to examine, at a later stage, the possibility of further extending the scope of application.
(8)
The Union should make the reservation provided for in Article 44(3) of the Convention concerning the languages accepted in communications between Central Authorities. Member States that wish the Union to make that reservation with regard to them should notify the Commission thereof in advance, indicating the content of the reservation to be made.
(9)
The Union should make the declarations provided for in point (g) of Article 11(1) and Article 44(1) and (2) of the Convention. Member States that wish the Union to make such declarations with regard to them should notify the Commission thereof in advance, indicating the content of the declarations to be made.
(10)
A Member State that subsequently needs 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 should inform the Council and the Commission thereof. On that basis, the Union should notify the depositary accordingly.
(11)
Member States should inform the Commission of the Central Authorities designated in accordance with Article 4(3) of the Convention and should notify the Commission of the information concerning laws, procedures and services referred to in Article 57 of the Convention. The Commission should forward that information to the Permanent Bureau of the Hague Conference on Private International Law (‘the Permanent Bureau’) at the time when the Union deposits its instrument of approval, as required by the Convention.
(12)
When notifying the Commission of the relevant information on their Central Authorities and on their laws, procedures and services, Member States should use the Country Profile Form recommended and published by the Hague Conference on Private International Law, if possible, in electronic format.
(13)
A Member State that subsequently needs to modify the information on its Central Authority or on its laws, procedures and services should inform the Permanent Bureau thereof directly and at the same time notify the Commission of the change.
(14)
In accordance with Article 3 of Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, the United Kingdom and Ireland are taking part in the adoption and application of this Decision.
(15)
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,
HAS ADOPTED THIS DECISION:
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.
Done at Luxembourg, 9 June 2011.