Considerations on COM(2021)359 - Authorisation of the Member States of the EU to accept the accession of Philippines to the 1980 Hague Convention on the Civil Aspects of International Child Abduction

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dossier COM(2021)359 - Authorisation of the Member States of the EU to accept the accession of Philippines to the 1980 Hague Convention on the ...
document COM(2021)359 EN
date December  8, 2022
 
table>(1)The Union has set as one of its aims the promotion of the protection of the rights of the child, as stated in Article 3 of the Treaty on European Union. Measures for the protection of children against wrongful removal or retention are an essential part of that policy.
(2)The Council adopted Regulation (EU) 2019/1111 (2) (‘Brussels IIb Regulation’), which aims to protect children from the harmful effects of wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence, as well as to secure the protection of rights of access and rights of custody.

(3)The Brussels IIb Regulation complements and reinforces the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (‘the 1980 Hague Convention’) which establishes, at international level, a system of obligations and cooperation among Contracting States and between central authorities and has the aim of ensuring the prompt return of wrongfully removed or retained children.

(4)All Member States are party to the 1980 Hague Convention.

(5)The Union encourages third states to accede to the 1980 Hague Convention and supports the correct implementation of the 1980 Hague Convention by participating, along with the Member States, inter alia, in the special commissions organised on a regular basis by the Hague Conference on Private International Law.

(6)A common legal framework applicable between Member States and third states could be the best solution for sensitive cases of international child abduction.

(7)The 1980 Hague Convention stipulates that it applies between the acceding State and such Contracting States as have declared their acceptance of the accession.

(8)The 1980 Hague Convention does not allow regional economic integration organisations such as the Union to become party to it. Therefore, the Union cannot accede to the 1980 Hague Convention, nor can it deposit a declaration of acceptance of an acceding State.

(9)According to Opinion 1/13 of the Court of Justice of the European Union (3), declarations of acceptance under the 1980 Hague Convention fall within the exclusive external competence of the Union.

(10)The Philippines deposited its instrument of accession to the 1980 Hague Convention on 16 March 2016. The 1980 Hague Convention entered into force for the Philippines on 1 June 2016.

(11)An assessment of the situation in the Philippines has led to the conclusion that the Member States are in a position to accept, in the interest of the Union, the accession of the Philippines under the terms of the 1980 Hague Convention.

(12)The Member States should therefore be authorised to deposit their declaration of acceptance of the accession of the Philippines in the interest of the Union in accordance with the terms set out in this Decision.

(13)Ireland is bound by the Brussels IIb Regulation and is therefore taking part in the adoption and application of this Decision.

(14)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,