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
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.
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)."
Member States shall make the necessary arrangements for the Convention to be signed before 1 June 2003.
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.
Done at Brussels, 19 December 2002.
For the Council
The President
L. Espersen
(1) OJ L 160, 30.6.2000, p. 19. Regulation as amended by Commission Regulation (EC) No 1185/2002 (OJ L 173, 3.7.2002, p. 3).
(2) See page 3 of this Official Journal.
(3) Member State making the declaration.
(4) Regulation (EC) No 1347/2000 plays a special role in this field since it relates to jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses.
Source: EUR-Lex (Publications Office of the EU), Β© European Union, reuse permitted under Commission Decision 2011/833/EU.
