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Document 52009AP0383
Bilateral agreements between Member States and third countries on judgments and decisions in matrimonial matters, parental responsibility and maintenance obligations * European Parliament legislative resolution of 7 May 2009 on the proposal for a Council regulation establishing a procedure for the negotiation and conclusion of bilateral agreements between Member States and third countries concerning sectoral matters and covering jurisdiction, recognition and enforcement of judgments and decisions in matrimonial matters, parental responsibility and maintenance obligations, and applicable law in matters relating to maintenance obligations (COM(2008)0894 – C6-0035/2009 – 2008/0266(CNS))
Bilateral agreements between Member States and third countries on judgments and decisions in matrimonial matters, parental responsibility and maintenance obligations * European Parliament legislative resolution of 7 May 2009 on the proposal for a Council regulation establishing a procedure for the negotiation and conclusion of bilateral agreements between Member States and third countries concerning sectoral matters and covering jurisdiction, recognition and enforcement of judgments and decisions in matrimonial matters, parental responsibility and maintenance obligations, and applicable law in matters relating to maintenance obligations (COM(2008)0894 – C6-0035/2009 – 2008/0266(CNS))
Bilateral agreements between Member States and third countries on judgments and decisions in matrimonial matters, parental responsibility and maintenance obligations * European Parliament legislative resolution of 7 May 2009 on the proposal for a Council regulation establishing a procedure for the negotiation and conclusion of bilateral agreements between Member States and third countries concerning sectoral matters and covering jurisdiction, recognition and enforcement of judgments and decisions in matrimonial matters, parental responsibility and maintenance obligations, and applicable law in matters relating to maintenance obligations (COM(2008)0894 – C6-0035/2009 – 2008/0266(CNS))
OJ C 212E, 5.8.2010, p. 456–473
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
5.8.2010 |
EN |
Official Journal of the European Union |
CE 212/456 |
Thursday 7 May 2009
Bilateral agreements between Member States and third countries on judgments and decisions in matrimonial matters, parental responsibility and maintenance obligations *
P6_TA(2009)0383
European Parliament legislative resolution of 7 May 2009 on the proposal for a Council regulation establishing a procedure for the negotiation and conclusion of bilateral agreements between Member States and third countries concerning sectoral matters and covering jurisdiction, recognition and enforcement of judgments and decisions in matrimonial matters, parental responsibility and maintenance obligations, and applicable law in matters relating to maintenance obligations (COM(2008)0894 – C6-0035/2009 – 2008/0266(CNS))
2010/C 212 E/58
(Consultation procedure)
The European Parliament,
having regard to the Commission proposal to the Council (COM(2008)0894),
having regard to Articles 61(c), 65, 67(2) and 67(5) of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0035/2009),
having regard to Rule 51 of its Rules of Procedure,
having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Legal Affairs (A6-0265/2009),
1. |
Approves the Commission proposal as amended; |
2. |
Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
3. |
Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
4. |
Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
5. |
Instructs its President to forward its position to the Council and the Commission. |
TEXT PROPOSED BY THE COMMISSION |
AMENDMENT |
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Amendment 54 |
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Proposal for a regulation Title |
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Amendment 55 |
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Proposal for a regulation Recital 1 |
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Amendment 56 |
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Proposal for a regulation Recital 2 |
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Amendment 57 |
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Proposal for a regulation Recital 3 |
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Amendment 58 |
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Proposal for a regulation Recital 4 |
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Amendment 59 |
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Proposal for a regulation Recital 5 |
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Amendment 60 |
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Proposal for a regulation Recital 6 |
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Amendment 61 |
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Proposal for a regulation Recital 7 |
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Amendment 62 |
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Proposal for a regulation Recital 8 |
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deleted |
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Amendment 43 |
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Proposal for a regulation Recital 9 |
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Amendment 44 |
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Proposal for a regulation Recital 9 a (new) |
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Amendment 65 |
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Proposal for a regulation Recital 9 b (new) |
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Amendment 46 |
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Proposal for a regulation Recital 9 c (new) |
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Amendment 66 |
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Proposal for a regulation Recital 10 |
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deleted |
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Amendment 67 |
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Proposal for a regulation Recital 11 |
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Amendment 47 |
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Proposal for a regulation Recital 11 a (new) |
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Amendment 69 |
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Proposal for a regulation Recital 11 b (new) |
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Amendment 70 |
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Proposal for a regulation Recital 11 c (new) |
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Amendment 48 |
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Proposal for a regulation Recital 11 d (new) |
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Amendment 49 |
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Proposal for a regulation Recital 11 e (new) |
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Amendment 73 |
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Proposal for a regulation Recital 11 f (new) |
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Amendment 74 |
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Proposal for a regulation Recital 11 g (new) |
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Amendment 75 |
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Proposal for a regulation Recital 12 |
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Amendment 76 |
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Proposal for a regulation Recital 13 |
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Amendment 77 |
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Proposal for a regulation Recital 13 a (new) |
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Amendment 78 |
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Proposal for a regulation Recital 13 b (new) |
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Amendment 79 |
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Proposal for a regulation Recital 14 |
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deleted |
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Amendment 80 |
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Proposal for a regulation Recital 15 |
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Amendment 81 |
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Proposal for a regulation Recital 16 |
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Amendment 82 |
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Proposal for a regulation Article 1 – paragraph 1 |
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1. This Regulation establishes a procedure to authorise a Member State to amend an existing bilateral agreement between that Member State and a third country , or to negotiate and conclude a new bilateral agreement subject to the conditions laid down in the following provisions. |
1. This Regulation establishes a procedure to authorise a Member State to amend an existing agreement, or to negotiate and conclude a new agreement subject to the conditions laid down in the following provisions. |
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This procedure is without prejudice to the respective competences of the Community and its Member States. |
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Amendment 83 |
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Proposal for a regulation Article 1 – paragraph 2 |
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2. This Regulation shall apply to bilateral agreements between Member States and third countries concerning sectoral matters and covering jurisdiction, recognition and enforcement of judgements and decisions in matrimonial matters, parental responsibility and maintenance obligations and applicable law in matters relating to maintenance obligations . |
2. This Regulation shall apply to agreements concerning matters falling, wholly or partly, within the scope of Regulation (EC) No 2201/2003 (3) and Regulation (EC) No 4/2009 (4), to the extent that those matters fall within the exclusive competence of the Community. |
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Amendment 84 |
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Proposal for a regulation Article 1 – paragraph 2 a (new) |
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2a. This Regulation shall not apply if the Community has already concluded an agreement with the third country or third countries concerned on the same subject matter. |
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Amendment 85 |
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Proposal for a regulation Article 2 – paragraph 1 |
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1. For the purposes of this Regulation, the term ‘agreement’ shall be understood as meaning bilateral agreement between a Member State and a third country. |
1. For the purposes of this Regulation, the term ‘agreement’ shall mean : |
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Amendment 86 |
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Proposal for a regulation Article 2 – paragraph 2 |
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2. For the purposes of this Regulation, ‘Member State’ shall mean any Member State other than Denmark. |
2. For the purposes of this Regulation, ‘Member State’ shall mean Member States with the exception of Denmark. |
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Amendment 87 |
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Proposal for a regulation Article 3 – paragraph 1 |
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1. Where a Member State intends to enter into negotiations with a third country to amend an existing agreement or to conclude a new agreement falling within the scope of this Regulation, it shall notify the Commission of its intention in writing . |
1. Where a Member State intends to enter into negotiations in order to amend an existing agreement or to conclude a new agreement falling within the scope of this Regulation, it shall notify the Commission in writing of its intention at the earliest possible moment before the envisaged opening of formal negotiations . |
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Amendment 88 |
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Proposal for a regulation Article 3 – paragraph 2 |
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2. The notification shall include a copy of the existing agreement, the draft agreement or the draft proposal by the third country concerned, if available , and any other relevant documentation. The Member State shall describe the objectives of the negotiations and shall specify the issues which are to be addressed, or the provisions of the existing agreement, which are to be amended , and shall provide any other relevant information. |
2. The notification shall include, as appropriate, a copy of the existing agreement, the draft agreement or the draft proposal, and any other relevant documentation. The Member State shall describe the subject matter of the negotiations and shall specify the issues which are to be addressed in the envisaged agreement , or the provisions of the existing agreement which are to be amended. The Member State may provide any other additional information. |
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Amendment 89 |
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Proposal for a regulation Article 3 – paragraph 3 |
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3. The notification shall be made at least three months before formal negotiations are scheduled to commence with the third country concerned. |
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Amendment 90 |
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Proposal for a regulation Article 4 – paragraph 1 |
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1. Upon notification, the Commission shall make an assessment as to whether the Member State can pursue negotiations with the third country concerned. If the Community has already concluded any agreement with the third country concerned on the same subject matters, the application of the Member State will be automatically rejected by the Commission. |
1. Upon receipt of the notification, the Commission shall assess whether the Member State may open formal negotiations. |
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Amendment 91 |
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Proposal for a regulation Article 4 – paragraph 2 — introductory part |
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2. If the Community has not yet concluded an agreement with the third country concerned, the Commission shall in making its assessment first check whether any relevant Community agreement with the third country concerned is expected in the near future . If this is not the case, the Commission may grant authorisation, provided that the following two conditions are met: |
2. The Commission shall, in making this assessment, first check whether any relevant negotiating mandate with a view to a Community agreement with the third country or third countries concerned is specifically envisaged within the following 24 months . If this is not the case, the Commission shall assess whether all of the following conditions are met: |
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Amendment 92 |
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Proposal for a regulation Article 4 – paragraph 2 — point a |
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Amendment 93 |
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Proposal for a regulation Article 4 – paragraph 2 — point b |
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Amendment 94 |
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Proposal for a regulation Article 4 – paragraph 2 — point b a (new) |
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Amendment 95 |
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Proposal for a regulation Article 4 – paragraph 2 a (new) |
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2a. If the information transmitted by the Member State is not sufficient for the purposes of making the assessment, the Commission may request additional information. |
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Amendment 96 |
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Proposal for a regulation Article 5 – paragraph 1 – subparagraph 1 |
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1. If the Commission concludes that there are no obstacles to the agreement in the light of the conditions referred to in Article 4, it may authorise a Member State to open negotiations on the agreement with the third country concerned . If necessary, the Commission may propose negotiating guidelines and can request the inclusion of particular clauses in the proposed agreement. |
1. If the proposed agreement meets the conditions referred to in Article 4(2) , the Commission shall authorise the Member State to open formal negotiations on the agreement. If necessary, the Commission may propose negotiating guidelines and may request the inclusion of particular clauses in the envisaged agreement. |
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Amendment 97 |
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Proposal for a regulation Article 5 – paragraph 1 – subparagraph 2 |
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2. The agreement shall provide for the clause on its denunciation in the event that the Community concludes an agreement with the same third country on the same subject matter. |
2. The agreement shall contain a clause providing for either: |
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The agreement shall include the following clause : ‘(the name of Member State) will denounce the agreement when the European Community concludes an agreement with (the name of the third country) on the same subject matters of civil justice as governed by the present agreement’. |
The clause referred to in point (a) should be worded along the following lines : ‘(the name of the Member State) shall denounce this agreement in part or in full if and when the European Community or the European Community and its Member States conclude an agreement with (the name of the third country or third countries) on the same matters of civil justice as those governed by this agreement ’. |
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The clause referred to in point (b) should be worded along the following lines: ‘The agreement/provisions (specify) shall cease to be applicable on the day on which an agreement between the European Community or the European Community and its Member States and (the name of the third country or third countries) has entered into force in respect of the matters governed by the agreement/provisions’. |
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The Commission shall give a reasoned decision on the application of the Member State within 90 days of receipt of the notification referred to in Article 3. |
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Amendment 98 |
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Proposal for a regulation Article 5 – paragraph 3 |
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3. The Commission shall take a decision on the authorisation referred to in paragraphs 1 and 2 in accordance with the procedure referred to in Article 8(2). |
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The Commission shall give its decision on the application of the Member State within six months of receipt of the notification referred to in Article 3. |
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Amendment 50 |
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Proposal for a regulation Article 5 a (new) |
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Article 5a Refusal to authorise the opening of formal negotiations 1. If, on the basis of its assessment under Article 4, the Commission intends not to authorise the opening of formal negotiations on the proposed agreement, it shall issue an opinion to the Member State concerned within 90 days of receipt of the notification referred to in Article 3. 2. Within 30 days of the issuing of the Commission's opinion, the Member State concerned may ask the Commission to enter into discussions with it with a view to finding a solution. 3. If the Member State concerned does not ask the Commission to enter into discussions with it within the time limit laid down in paragraph 2, the Commission shall give a reasoned decision on the Member State's application within 130 days of receipt of the notification referred to in Article 3. 4. In the event of discussions taking place within the meaning of paragraph 2, the Commission shall give a reasoned decision on the application of the Member State within 30 days of the conclusion of the discussions. |
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Amendment 100 |
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Proposal for a regulation Article 6 |
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The Commission may participate as an observer in the negotiations between the Member State and the third country. If the Commission does not participate as an observer, it shall be kept informed of the progress and results throughout the different stages of negotiations. |
The Commission may participate as an observer in the negotiations between the Member State and the third country as far as matters falling within the scope of this Regulation are concerned . If the Commission does not participate as an observer, it shall be kept informed of the progress and results throughout the different stages of the negotiations. |
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Amendment 101 |
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Proposal for a regulation Article 7 – paragraph 1 |
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1. Before initialling the agreement, the Member State concerned shall notify the Commission of the outcome of negotiations and shall transmit the text of the agreement to the Commission . |
1. Before signing the negotiated agreement, the Member State concerned shall notify the outcome of the negotiations to the Commission and transmit the text of the agreement. |
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Amendment 102 |
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Proposal for a regulation Article 7 – paragraph 2 |
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2. Upon notification the Commission shall make an assessment as to whether the negotiated agreement complies with its initial assessment. In making this further assessment the Commission must examine whether the proposed agreement includes the requirements made by the Commission, in particular as regards the inclusion of clauses referred to in Article 5(1) and whether the conclusion of the proposed agreement would render the Community law ineffective and would undermine the proper functioning of the system established by its rules. |
2. Upon receipt of this notification the Commission shall assess whether the negotiated agreement : |
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Amendment 103 |
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Proposal for a regulation Article 7 – paragraph 3 |
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3. If the Commission takes the view that the negotiations have resulted in an agreement which does not fulfil the requirements referred to in paragraph 2, the Member State shall not be authorised to conclude the agreement. |
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Amendment 104 |
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Proposal for a regulation Article 7 – paragraph 4 |
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4. If the Commission takes the view that the negotiations have resulted in an agreement which fulfils the requirements referred to in paragraph 2, the Member State may be authorised to conclude the agreement. |
4. If the negotiations have resulted in an agreement which fulfils the requirements referred to in paragraph 2, the Member State shall be authorised by the Commission to conclude the agreement. |
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Amendment 105 |
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Proposal for a regulation Article 7 – paragraph 5 – subparagraph 1 |
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5. The Commission shall take a decision on the authorisation referred to in paragraphs 3 and 4 in accordance with the procedure referred to in Article 8(3). |
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Amendment 106 |
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Proposal for a regulation Article 7 – paragraph 5 – subparagraph 2 |
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The Commission shall give its decision on the application of the Member State within six month of receipt of the notification referred to in paragraph 1. |
5. The Commission shall give a reasoned decision on the application of the Member State within 90 days of receipt of the notification referred to in paragraph 1. |
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Amendment 51 |
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Proposal for a regulation Article 7 a (new) |
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Article 7a Refusal to authorise the conclusion of the agreement 1. If, on the basis of its assessment under Article 7(2), the Commission intends not to authorise the conclusion of the negotiated agreement, it shall issue an opinion to the European Parliament and to the Council within 90 days of receipt of the notification referred to in Article 7(1). 2. Within 30 days of the issuing of the Commission's opinion, the Member State concerned may ask the Commission to enter into discussions with it with a view to finding a solution. 3. If the Member State concerned does not ask the Commission to enter into discussions with it within the time limit laid down in paragraph 2, the Commission shall give a reasoned decision on the Member State's application within 130 days of receipt of the notification referred to in Article 7(1). 4. In the event of discussions taking place within the meaning of paragraph 2, the Commission shall give a reasoned decision on the application of the Member State within 30 days of the conclusion of the discussions. 5. The Commission shall notify its decision to the European Parliament and to the Council within 30 days of taking it. |
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Amendment 108 |
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Proposal for a regulation Article 8 |
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Article 8 Committee procedure 1. The Commission shall be assisted by a committee. 2. Where reference is made to this paragraph, the advisory procedure laid down in Article 3 of Decision 1999/468/EC shall apply, in compliance with Article 7 thereof. 3. Where reference is made to this paragraph, the management procedure laid down in Article 4 of Decision 1999/468/EC shall apply, in compliance with Article 7 thereof. 4. The period provided for in Article 4(3) of Decision 1999/468/EC shall be three months. |
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Amendment 52 |
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Proposal for a regulation Article 8 a (new) |
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Article 8a Information to the European Parliament, the Council and the Member States The Commission shall make available to the European Parliament, the Council and the Member States the notifications received under Articles 3 and 7 and, if necessary, the accompanying documents, as well as all its reasoned decisions under Articles 5, 5a, 7 and 7a, subject to the requirements of confidentiality. |
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Amendment 53 |
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Proposal for a regulation Article 8 b (new) |
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Article 8b Confidentiality 1. When transmitting information to the Commission under Articles 3, 4(2a) and 7, the Member State concerned may indicate whether any of the information transmitted is to be considered confidential and whether it may be shared with other Member States. 2. The Commission and Member States shall ensure that any information identified as confidential is treated in accordance with Article 4(1)(a) of Regulation (EC) No 1049/2001. |
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Amendment 111 |
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Proposal for a regulation Article 9 – paragraph 1 |
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1. Where a Member State has already started negotiating an agreement with a third country at the time of entry into force of this Regulation, Article 3 (1) and 3(2) and Articles 4 to 7 shall apply. |
1. Where a Member State has already started negotiating an agreement at the time of entry into force of this Regulation, Articles 3 to 7a shall apply. |
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Where the stage of the negotiations so permits, the Commission may propose negotiating guidelines or the inclusion of particular clauses, as referred to in Article 5(1). |
Where the stage of the negotiations so permits, the Commission may propose negotiating guidelines or request the inclusion of particular clauses, as referred to in Article 5(1) and (2). |
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Amendment 112 |
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Proposal for a regulation Article 9 – paragraph 2 |
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2. Where a Member State has already completed negotiations at the time of entry into force of this Regulation, without having concluded the agreement, Article 3 (1) and 3(2) and Article 7(2) to (5) shall apply. |
2. Where a Member State has already completed negotiations at the time of entry into force of this Regulation, without having concluded the agreement, Article 3, Article 7(2) to (5) and Article 7a shall apply. |
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When deciding whether or not to authorise conclusion of the agreement, the Commission shall also assess whether or not there are any obstacles to the agreement in the light of the conditions referred to in Article 4. |
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Amendment 113 |
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Proposal for a regulation Article 10 |
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No later than the 1st January 2014 the Commission shall present to the European Parliament, the Council and the European Economic and Social Committee a report on application of this Regulation, which may be accompanied by an appropriate legislative proposal. |
1. No earlier than 8 years after the date of adoption of this Regulation, the Commission shall submit to the European Parliament, the Council and the European Economic and Social Committee a report on the application of this Regulation. |
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2. This report shall either |
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3. If the report recommends a replacement of this Regulation as set out in paragraph 2(b), it shall be accompanied by an appropriate legislative proposal. |
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Amendment 114 |
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Proposal for a regulation Article 10 a (new) |
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Article 10a Expiry 1. This Regulation shall expire 3 years after the submission by the Commission of the report referred to in Article 10. The period of 3 years shall start running on the first day of the month following the last submission of the report to either 52+523 the European Parliament or the Council. 2. Notwithstanding the expiry of this Regulation on the date determined in accordance with paragraph 1, all negotiations ongoing on that date which have been entered into by a Member State under this Regulation with a view to amending an existing agreement or to negotiating and concluding a new agreement shall be allowed to continue and to be completed on the conditions laid down in this Regulation. |
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Amendment 115 |
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Proposal for a regulation Article 11 |
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This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. |
This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union. |
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It shall apply until 31 December 2014. |
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(2) OJ L 145, 31.5.2001, p. 43.
(3) Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (OJ L 338, 23.12.2003, p. 1).
(4) 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 (OJ L 7, 10.1.2009, p. 1).