Explanatory Memorandum to COM(2013)35 - Amendment of Annexes II and III of the Decision on the approval of the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance - Main contents
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| dossier | COM(2013)35 - Amendment of Annexes II and III of the Decision on the approval of the Hague Convention on the International Recovery of ... |
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| source | COM(2013)35  |
| date | 29-01-2013 |
The objective of the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance Convention is to ensure the effective international recovery of child support and other forms of family maintenance. Since the vast majority of maintenance claims involve children, the Convention is first and foremost a measure to protect children.
On 31 March 2011, the Council adopted the decision on the signing, on behalf of the European Union, of the 2007 Hague Maintenance Convention. The Convention was signed by the European Union on 6 April 2011.
On 9 June 2011, the Council adopted the decision on the approval, on behalf of the European Union, of the 2007 Hague Maintenance Convention. The deposit of the instrument of approval was foreseen after the deadline of 10 December 2012 established by Article 7 of the Council Decision for the notification to the Commission by the Member States of the contact details of the Central Authorithies designated under the Convention and the information concerning laws, procedures and services referred to in Article 57 of the Convention.
Articles 5 and 6 of the Council Decision provide also for the Union to make the reservation under Article 44 i and the reservations under point (g) of Article 11 i and Article 44 i and i. The text of the declaration and of the reservations is attached in Annex II and III to the Council Decision.
During negotiations, the deadline of 16 May 2011 was set in order to allow Member States to provide information for the declaration and reservations to be made by the Union at the time of the deposit of the instrument of approval.
However, after the adoption of the Council Decision on 9 June 2011, some Member States have felt the necessity to amend their previous statement (Latvia) or to make ex novo the declaration and reservations under Article 5 and 6 of the Council Decision (Cyprus, Luxembourg and Portugal).
Before depositing the instrument of approval, Annexes II and III need therefore to be amended accordingly.
The issue was discussed in the Council during the meetings of the Working Party on Civil Law Matters (General Questions), in particular on 11 June 2012. The last requests of amendment of the annexes were received end of July 2012 and the English translations on 20 August 2012. The Commission informed the Member States that the proposal amending the Council Decision of 9 June 2011 would have not been adopted before the end of November 2012, at the earliest.