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Document 52018AP0017
European Parliament legislative resolution of 18 January 2018 on the proposal for a Council regulation on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility, and on international child abduction (recast) (COM(2016)0411 — C8-0322/2016 — 2016/0190(CNS))
European Parliament legislative resolution of 18 January 2018 on the proposal for a Council regulation on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility, and on international child abduction (recast) (COM(2016)0411 — C8-0322/2016 — 2016/0190(CNS))
European Parliament legislative resolution of 18 January 2018 on the proposal for a Council regulation on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility, and on international child abduction (recast) (COM(2016)0411 — C8-0322/2016 — 2016/0190(CNS))
OJ C 458, 19.12.2018, p. 499–525
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
19.12.2018 |
EN |
Official Journal of the European Union |
C 458/499 |
P8_TA(2018)0017
Jurisdiction, recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility, and international child abduction *
European Parliament legislative resolution of 18 January 2018 on the proposal for a Council regulation on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility, and on international child abduction (recast) (COM(2016)0411 — C8-0322/2016 — 2016/0190(CNS))
(Special legislative procedure — consultation — recast)
(2018/C 458/19)
The European Parliament,
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having regard to the Commission proposal to the Council (COM(2016)0411), |
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having regard to Article 81(3) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8-0322/2016), |
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having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (1), |
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having regard to Rules 104 and 78c of its Rules of Procedure, |
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having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Petitions (A8-0388/2017), |
A. |
whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the Commission proposal does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance; |
1. |
Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission and as amended below; |
2. |
Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union; |
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, the Commission and the national parliaments. |
Amendment 1
Proposal for a regulation
Recital 1
Text proposed by the Commission |
Amendment |
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Amendment 2
Proposal for a regulation
Recital 3
Text proposed by the Commission |
Amendment |
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Amendment 3
Proposal for a regulation
Recital 4
Text proposed by the Commission |
Amendment |
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Amendment 4
Proposal for a regulation
Recital 4 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 5
Proposal for a regulation
Recital 6
Text proposed by the Commission |
Amendment |
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Amendment 6
Proposal for a regulation
Recital 6 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 7
Proposal for a regulation
Recital 12 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 8
Proposal for a regulation
Recital 13
Text proposed by the Commission |
Amendment |
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Amendment 9
Proposal for a regulation
Recital 14 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 10
Proposal for a regulation
Recital 15
Text proposed by the Commission |
Amendment |
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Amendment 11
Proposal for a regulation
Recital 17
Text proposed by the Commission |
Amendment |
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Amendment 12
Proposal for a regulation
Recital 18
Text proposed by the Commission |
Amendment |
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Amendment 13
Proposal for a regulation
Recital 23
Text proposed by the Commission |
Amendment |
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Amendment 14
Proposal for a regulation
Recital 26
Text proposed by the Commission |
Amendment |
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Amendment 15
Proposal for a regulation
Recital 28
Text proposed by the Commission |
Amendment |
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Amendment 16
Proposal for a regulation
Recital 28 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 17
Proposal for a regulation
Recital 30
Text proposed by the Commission |
Amendment |
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Amendment 18
Proposal for a regulation
Recital 33
Text proposed by the Commission |
Amendment |
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Amendment 19
Proposal for a regulation
Recital 37 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 20
Proposal for a regulation
Recital 42
Text proposed by the Commission |
Amendment |
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Amendment 21
Proposal for a regulation
Recital 44
Text proposed by the Commission |
Amendment |
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Amendment 22
Proposal for a regulation
Recital 46
Text proposed by the Commission |
Amendment |
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Amendment 23
Proposal for a regulation
Recital 46 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 24
Proposal for a regulation
Recital 48 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 25
Proposal for a regulation
Recital 49
Text proposed by the Commission |
Amendment |
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Amendment 26
Proposal for a regulation
Recital 50
Text proposed by the Commission |
Amendment |
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Amendment 27
Proposal for a regulation
Recital 51
Text proposed by the Commission |
Amendment |
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Amendment 28
Proposal for a regulation
Article 1 — paragraph 1 — introductory part
Text proposed by the Commission |
Amendment |
1. This Regulation applies, whatever the nature of the judicial or administrative authority, in civil matters relating to: |
1. This Regulation applies, whatever the nature of the judicial or administrative authority or other authority with jurisdiction in the matters falling within the scope of this Regulation , in civil matters relating to: |
Amendment 29
Proposal for a regulation
Article 1 — paragraph 1 — point b a (new)
Text proposed by the Commission |
Amendment |
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Amendment 30
Proposal for a regulation
Article 1 — paragraph 2 — point d
Text proposed by the Commission |
Amendment |
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Amendment 31
Proposal for a regulation
Article 2 — paragraph 1 — point 1
Text proposed by the Commission |
Amendment |
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Amendment 32
Proposal for a regulation
Article 2 — paragraph 1 — point 3
Text proposed by the Commission |
Amendment |
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Amendment 33
Proposal for a regulation
Article 2 — paragraph 1 — point 4
Text proposed by the Commission |
Amendment |
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Amendment 34
Proposal for a regulation
Article 2 — paragraph 1 — point 12 — introductory part
Text proposed by the Commission |
Amendment |
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Amendment 35
Proposal for a regulation
Article 7 — paragraph 1
Text proposed by the Commission |
Amendment |
1. The authorities of a Member State shall have jurisdiction in matters of parental responsibility over a child who is habitually resident in that Member State. Where a child moves lawfully from one Member State to another and acquires a new habitual residence there, the authorities of the Member State of the new habitual residence shall have jurisdiction. |
1. The authorities of a Member State shall have jurisdiction in matters of parental responsibility over a child who is habitually resident in that Member State. Where a child moves lawfully from one Member State to another and acquires a new habitual residence there, the authorities of the Member State of the new habitual residence shall have jurisdiction , unless the parties agree before the move that jurisdiction should continue to lie with the authority of the Member State where the child has hitherto been habitually resident . |
Amendment 36
Proposal for a regulation
Article 7 — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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1a. Where custody and access proceedings are pending, the authority of the Member State of origin shall retain jurisdiction until the proceedings have concluded, unless the parties agree that the proceedings should be brought to an end. |
Amendment 37
Proposal for a regulation
Article 8 — paragraph 2
Text proposed by the Commission |
Amendment |
2. Paragraph 1 shall not apply if the holder of access rights referred to in paragraph 1 has accepted the jurisdiction of the authorities of the Member State of the child’s new habitual residence by participating in proceedings before those authorities without contesting their jurisdiction. |
2. Paragraph 1 shall not apply if the holder of access rights referred to in paragraph 1 , having been informed by the authorities of the former habitual residence of the legal implications, has accepted the jurisdiction of the authorities of the Member State of the child’s new habitual residence by participating , that information notwithstanding, in proceedings before those authorities without contesting their jurisdiction. |
Amendment 38
Proposal for a regulation
Article 9 — paragraph 1 — point b — point i
Text proposed by the Commission |
Amendment |
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Amendment 39
Proposal for a regulation
Article 10 — paragraph 5 — subparagraph 1 a (new)
Text proposed by the Commission |
Amendment |
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The designated judges shall be practicing and experienced family judges, in particular with experience in matters having a cross-border jurisdictional dimension. |
Amendment 40
Proposal for a regulation
Article 12 — paragraph 1 — subparagraph 1
Text proposed by the Commission |
Amendment |
In urgent cases, the authorities of a Member State where the child or property belonging to the child is present shall have jurisdiction to take provisional, including protective, measures in respect of that child or property. |
In urgent cases, the authorities of a Member State where the child or property belonging to the child is present shall have jurisdiction to take provisional, including protective, measures in respect of that child or property. Such measures should not unduly delay the proceedings and final decisions on custody and access rights. |
Amendment 41
Proposal for a regulation
Article 12 — paragraph 1 — subparagraph 2
Text proposed by the Commission |
Amendment |
In so far as the protection of the best interests of the child so requires, the authority having taken the protective measures shall inform the authority of the Member State having jurisdiction under this Regulation as to the substance of the matter, either directly or through the Central Authority designated pursuant to Article 60. |
In so far as the protection of the best interests of the child so requires, the authority having taken the protective measures shall inform the authority of the Member State having jurisdiction under this Regulation as to the substance of the matter, either directly or through the Central Authority designated pursuant to Article 60. That authority shall ensure the equal treatment of the parents involved in the proceedings, and shall ensure that they are thoroughly informed without delay about all the measures in question, in a language they fully understand. |
Amendment 42
Proposal for a regulation
Article 12 — paragraph 2
Text proposed by the Commission |
Amendment |
2. The measures taken pursuant to paragraph 1 shall cease to apply as soon as the authority of the Member State having jurisdiction under this Regulation as to the substance of the matter has taken the measures it considers appropriate. |
2. The measures taken pursuant to paragraph 1 shall cease to apply as soon as the authority of the Member State having jurisdiction under this Regulation as to the substance of the matter has taken the measures it considers appropriate and from the moment it notifies the authority of the Member State in which the provisional measures were taken of those measures . |
Amendment 43
Proposal for a regulation
Article 19 — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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2 a. In cases referred to in paragraphs 1 and 2, upon request by an authority seised of the dispute, any other authority seised shall without delay inform the requesting authority of the date when it was seised in accordance with Article 15. |
Amendment 44
Proposal for a regulation
Article 20
Text proposed by the Commission |
Amendment |
Article 20 |
Article 20 |
Right of the child to express his or her views |
Right of the child to express his or her views |
When exercising their jurisdiction under Section 2 of this Chapter, the authorities of the Member States shall ensure that a child who is capable of forming his or her own views is given the genuine and effective opportunity to express those views freely during the proceedings. |
When exercising their jurisdiction under Section 2 of this Chapter, the authorities of the Member States shall ensure that a child who is capable of forming his or her own views is given the genuine and effective opportunity to express those views freely during the proceedings, in accordance with the relevant national procedural rules, Article 24(1) of the Charter, with Article 12 of the UN Convention on the Rights of the Child and the Council of Europe Recommendation to member States on the participation of children and young people under the age of 18 (1a). Authorities shall document their considerations in this regard in the decision. |
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The hearing of a child exercising his or her right to express his or her views shall be conducted by a judge or by a specially trained expert in accordance with national provisions, without any pressure, in particular parental pressure, in a child-friendly setting appropriate for his or her age in terms of language and content and shall provide all the guarantees that allow the emotional integrity and the best interests of the child to be protected. |
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The hearing of the child shall not be conducted in the presence of the parties to the proceedings or their legal representatives, but shall be recorded and added to the documentation so that the parties and their legal representatives can have the opportunity to see the record of the hearing. |
The authority shall give due weight to the child's views in accordance with his or her age and maturity and document its considerations in the decision. |
The authority shall give due weight to the child's views in accordance with his or her age and maturity, taking into account the best interests of the child , and document its considerations in the decision. |
Amendment 45
Proposal for a regulation
Article 23 — paragraph 2
Text proposed by the Commission |
Amendment |
2. As early as possible during the proceedings, the court shall examine whether the parties are willing to engage in mediation to find, in the best interests of the child, an agreed solution, provided that this does not unduly delay the proceedings. |
2. As early as possible during the proceedings, the court shall examine whether the parties are willing to engage in mediation to find, in the best interests of the child, an agreed solution, provided that this does not unduly delay the proceedings. In that event, the court shall ask the parties to make use of mediation. |
Amendment 46
Proposal for a regulation
Article 25 — paragraph 3
Text proposed by the Commission |
Amendment |
3. The court may declare the decision ordering the return of the child provisionally enforceable notwithstanding any appeal, even if national law does not provide for such provisional enforceability. |
3. The court may declare the decision ordering the return of the child provisionally enforceable notwithstanding any appeal, even if national law does not provide for such provisional enforceability , taking account of the best interests of the child . |
Amendment 47
Proposal for a regulation
Article 25 — paragraph 5 a (new)
Text proposed by the Commission |
Amendment |
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5 a. When a judicial authority has ordered the return of the child, it shall notify the central authority of the Member State of the habitual residence of the child prior to the wrongful removal of such decision and the date upon which it takes effect. |
Amendment 48
Proposal for a regulation
Article 32 — paragraph 4
Text proposed by the Commission |
Amendment |
4. Where the decision was not enforced within six weeks from the moment the enforcement proceedings were initiated, the court of the Member State of enforcement shall inform the requesting Central Authority in the Member State of origin, or the applicant, if the proceedings were instituted without Central Authority assistance, about this fact and the reasons. |
4. Where the decision was not enforced within six weeks from the moment the enforcement proceedings were initiated, the court of the Member State of enforcement shall duly inform the requesting Central Authority in the Member State of origin, or the applicant, if the proceedings were instituted without Central Authority assistance, about this fact and the reasons and shall provide an estimated time of enforcement . |
Amendment 49
Proposal for a regulation
Article 37 — paragraph 1 — point a
Text proposed by the Commission |
Amendment |
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Amendment 50
Proposal for a regulation
Article 38 — paragraph 1 — introductory part
Text proposed by the Commission |
Amendment |
1. On the application of any interested party, the recognition of a decision relating to parental responsibility shall be refused : |
1. On the application of any interested party, a decision relating to parental responsibility shall not be recognised : |
Amendment 51
Proposal for a regulation
Article 38 — paragraph 1 — point b
Text proposed by the Commission |
Amendment |
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Amendment 52
Proposal for a regulation
Article 58 — paragraph 1
Text proposed by the Commission |
Amendment |
An applicant who, in the Member State of origin, has benefited from complete or partial legal aid or exemption from costs or expenses shall be entitled, in the procedures provided for in Article 27(3), Articles 32, 39 and 42 to benefit from the most favourable legal aid or the most extensive exemption from costs and expenses provided for by the law of the Member State of enforcement. |
An applicant who, in the Member State of origin, has benefited from complete or partial legal aid , aid to cover costs incurred in mediation, or exemption from costs or expenses shall be entitled, in the procedures provided for in Article 27(3) and Articles 32, 39 and 42 to benefit from the most favourable legal aid or the most extensive exemption from costs and expenses provided for by the law of the Member State of enforcement. |
Amendment 53
Proposal for a regulation
Article 63 — paragraph 1 — point a
Text proposed by the Commission |
Amendment |
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Amendment 54
Proposal for a regulation
Article 63 — paragraph 1 — point d
Text proposed by the Commission |
Amendment |
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Amendment 55
Proposal for a regulation
Article 63 — paragraph 1 — point e a (new)
Text proposed by the Commission |
Amendment |
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Amendment 56
Proposal for a regulation
Article 63 — paragraph 1 — point g
Text proposed by the Commission |
Amendment |
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Amendment 57
Proposal for a regulation
Article 64 — paragraph 1 — introductory part
Text proposed by the Commission |
Amendment |
1. Upon a request made with supporting reasons by the Central Authority or an authority of a Member State with which the child has a substantial connection, the Central Authority of the Member State where the child is habitually resident and present may , directly or through authorities or other bodies: |
1. Upon a request made with supporting reasons by the Central Authority or an authority of a Member State with which the child has a substantial connection, the Central Authority of the Member State where the child is habitually resident and present shall , directly or through authorities or other bodies: |
Amendment 58
Proposal for a regulation
Article 64 — paragraph 2
Text proposed by the Commission |
Amendment |
2. Where a decision in matters of parental responsibility is contemplated, an authority of a Member State, if the situation of the child so requires, may request any authority of another Member State which has information relevant to the protection of the child to communicate such information. |
2. Where a decision in matters of parental responsibility is contemplated, an authority of a Member State, if the situation of the child so requires, shall request any authority of another Member State which has information relevant to the protection of the child to communicate such information. |
Amendment 59
Proposal for a regulation
Article 64 — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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2а. Where matters of parental responsibility are under scrutiny, the central authority of the Member State where the child is habitually resident shall inform, without undue delay, the central authority of the Member State of which the child or one of the child’s parents is a national on the existence of proceedings. |
Amendment 60
Proposal for a regulation
Article 64 — paragraph 3
Text proposed by the Commission |
Amendment |
3. An authority of a Member State may request the authorities of another Member State to assist in the implementation of decisions in matters of parental responsibility given under this Regulation, especially in securing the effective exercise of rights of access as well as of the right to maintain direct contact on a regular basis. |
3. An authority of a Member State shall request the authorities of another Member State to assist in the implementation of decisions in matters of parental responsibility given under this Regulation, especially in securing the effective exercise of rights of access as well as of the right to maintain direct contact on a regular basis. |
Amendment 61
Proposal for a regulation
Article 64 — paragraph 5
Text proposed by the Commission |
Amendment |
5. The authorities of a Member State where the child is not habitually resident shall, upon request of a person residing in that Member State who is seeking to obtain or to maintain access to the child, or upon request of a Central Authority of another Member State, gather information or evidence, and may make a finding, on the suitability of that person to exercise access and on the conditions under which access should be exercised. |
5. The authorities of a Member State where the child is not habitually resident shall, upon request of a parent or family member residing in that Member State who are seeking to obtain or to maintain access to the child, or upon request of a Central Authority of another Member State, gather information or evidence, and may make a finding, on the suitability of those persons to exercise access and on the conditions under which access should be exercised. |
Amendment 62
Proposal for a regulation
Article 64 — paragraph 5 a (new)
Text proposed by the Commission |
Amendment |
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5a. An authority of a Member State may request the central authority of another Member State to provide information on the national law of that Member State with regard to issues that fall within the scope of this Regulation and are relevant for the examination of a case under this Regulation. The authority of the Member State to which a request is submitted shall respond as soon as possible. |
Amendment 63
Proposal for a regulation
Article 65 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Where an authority having jurisdiction under this Regulation contemplates the placement of a child in institutional care or with a foster family in another Member State, it shall first obtain the consent of the competent authority in that other Member State. To that effect it shall, through the Central Authority of its own Member State, transmit to the Central Authority of the Member State where the child is to be placed a request for consent which includes a report on the child together with the reasons for the proposed placement or provision of care. |
1. Where an authority having jurisdiction under this Regulation contemplates the placement of a child with family members, in foster families, or in secure institutional care in another Member State, it shall first obtain the consent of the competent authority in that other Member State. To that effect it shall, through the Central Authority of its own Member State, transmit to the Central Authority of the Member State where the child is to be placed a request for consent which includes a report on the child together with the reasons for the proposed placement or provision of care. Member States shall ensure that parents and relatives of the child, regardless of their place of residence, can have regular access, except where this would jeopardise the well-being of the child. |
Amendment 64
Proposal for a regulation
Article 65 — paragraph 4 — subparagraph 1 a (new)
Text proposed by the Commission |
Amendment |
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If the competent authority intends to send social workers to another Member State in order to determine whether a placement there is compatible with the well-being of the child, it shall inform the Member State concerned accordingly. |
Amendment 65
Proposal for a regulation
Article 66 — paragraph 4
Text proposed by the Commission |
Amendment |
4. Each Central Authority shall bear its own costs. |
4. Save where otherwise agreed between the requesting Member State and the requested Member State, each Central Authority shall bear its own costs. |
Amendment 66
Proposal for a regulation
Article 79 — paragraph 1
Text proposed by the Commission |
Amendment |
By [ 10 years after the date of application] the Commission shall present to the European Parliament, to the Council and to the European Economic and Social Committee a report on the ex post evaluation of this Regulation supported by information supplied by the Member States. The report shall be accompanied, where necessary, by a legislative proposal. |
By [ five years after the date of application] the Commission shall present to the European Parliament, to the Council and to the European Economic and Social Committee a report on the ex-post evaluation of this Regulation supported by information supplied by the Member States. The report shall be accompanied, where necessary, by a legislative proposal. |
Amendment 67
Proposal for a regulation
Article 79 — paragraph 2 — point a a (new)
Text proposed by the Commission |
Amendment |
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(34) 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, repealing Regulation (EC) No 1347/2000 (OJ L 338, 23.12.2003, p. 1).
(35) Since further amendments are to be made, that Regulation should be recast in the interests of clarity.
(34) 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, repealing Regulation (EC) No 1347/2000 (OJ L 338, 23.12.2003, p. 1).
(35) See Annex V.
(1a) CM/Rec(2012)2 of 28 March 2012.
(1a) CM/Rec(2012)2 of 28 March 2012.