Legal provisions of COM(2023)65 - Authorisation addressed to France to negotiate a bilateral agreement with Algeria on matters related to judicial cooperation in civil and commercial matters - Main contents
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dossier | COM(2023)65 - Authorisation addressed to France to negotiate a bilateral agreement with Algeria on matters related to judicial cooperation ... |
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document | COM(2023)65 |
date | February 7, 2024 |
Contents
Article 1
–inform Algeria that the European Commission shall take part in the negotiations as an observer and will be informed of any progress and results achieved during the various stages of the negotiations;
–encourage Algeria to consider accession to the core Conventions developed by the Hague Conference on Private International Law and start a serious analysis of the reasons which has prevented Algeria to do so for the time being;
–inform Algeria that, after the conclusion of negotiations, an authorisation from the European Parliament and the Council of the European Union is required before the Parties are allowed to conclude the agreement;
–inform Algeria that the authorisation from the European Parliament and the Council of the European Union to conclude the agreement, following a proposal from the Commission, may provide that the agreement may have a limited validity in time (for instance, five years) and may have to be reconsidered afterwards;
–insert a provision to the effect that the decisions recognised in France under this agreement cannot subsequently circulate in other EU Member States;
– ensure that the provisions concerning the right to refuse the service of documents are aligned with the provisions of Article 12(3) of the Service of Documents recast Regulation, 11 meaning the addressee may refuse service of documents either at the time of service or within two weeks of the time of service;
–inform Algeria that, depending on the development of negotiations, other negotiating directives may be needed in due course.
Article 2 - The negotiations shall be conducted in consultation with the Commission,
Whenever so requested by the Commission, France shall report to it in writing on the conduct and the outcome of the negotiations.