Family legal matters — negotiating agreements between EU and non-EU countries

SUMMARY OF:

Regulation (EC) No 664/2009 establishing a procedure for agreements between EU and non-EU countries on family matters

WHAT IS THE AIM OF THE REGULATION?

It sets out a strict, time-limited procedure under which EU countries are individually authorised to amend existing agreements with non-EU countries, or to negotiate new agreements covering the jurisdiction, recognition and enforcement of judgments and decisions in certain areas of family law, such as parental responsibility and maintenance obligations. Such agreements normally fall within the exclusive competence of the EU.

KEY POINTS

The regulation covers jurisdiction, recognition and enforcement of judgments and decisions in:

matrimonial matters and parental responsibility; as well as
maintenance obligations

within the scope of Regulation (EC) No 2201/2003 and Regulation (EC) No 4/2009. A related regulation covers contractual and non-contractual obligations.

Before the EU took over exclusive competence for these areas of civil law, individual EU countries themselves concluded agreements with non-EU countries. This regulation provides a procedure for EU countries to negotiate international agreements in exceptional cases.

The regulation does not apply if the EU has already concluded an agreement with the countries concerned on the same subject.

Notification: where an EU country intends to enter into negotiations to amend an existing agreement or to conclude a new agreement falling within the scope of the regulation, it must notify the European Commission in writing of its intention as soon as possible before the envisaged opening of formal negotiations.

Confidentiality: the Commission must treat the information communicated by the EU country as confidential, if so requested.

Assessment

The Commission must:

check that no relevant EU-level agreement with the non-EU country concerned is already envisaged within the next 24 months;
if not, verify that there is a specific interest of the EU country for the agreement and that the envisaged agreement would not undermine the effectiveness of EU law and the object and purpose of the EU external relations policy; and
if necessary, request further information.

Authorisation of negotiations

If the conditions are met, the Commission authorises the EU country to open formal negotiations on the agreement. The Commission may propose negotiating guidelines as well as the inclusion of particular clauses in the envisaged agreement.

Participation

The Commission may participate as an observer in the negotiations, and otherwise should be kept informed of progress and results.

Clauses in the agreement

Where it is authorised, the agreement will in any case have to stipulate:

that the agreement is fully or partially terminated in the event of a subsequent agreement between the EU and the same non-EU country on the same subject matter; and
that a subsequent agreement between the EU and the non-EU country on the same subject matter direct replace the relevant clauses of the agreement.

Authorisation of conclusion

Before signing the agreement, the EU country must notify the outcome of the negotiations and submit the text of the agreement to the Commission, for authorisation of conclusion after verifying that the conditions are met.

Refusal

The regulation sets out the procedure for and consequences of the Commission’s refusal to authorise negotiations or the conclusion of the agreement.

Review

No earlier than 7 July 2017, the Commission must submit to the European Parliament, the Council and the European Economic and Social Committee a report on the application of the regulation. That report must either:

confirm that it is appropriate for this regulation to expire on the date determined in accordance with the terms below; or
recommend that this regulation be replaced as of that date by a new regulation.

Expiry

The regulation expires 3 years after the submission by the Commission of the report referred to above. However, any negotiation underway at that date may continue.

FROM WHEN DOES THIS REGULATION APPLY?

It has applied from 20 August 2009.

MAIN DOCUMENT

Council Regulation (EC) No 664/2009 of 7 July 2009 establishing a procedure for the negotiation and conclusion of agreements between Member States and third countries concerning jurisdiction, recognition and enforcement of judgments and decisions in matrimonial matters, matters of parental responsibility and matters relating to maintenance obligations, and the law applicable to matters relating to maintenance obligations (OJ L 200, 31.7.2009, pp. 46-51)

Successive amendments to Regulation (EC) No 664/2009 have been incorporated into the original document. This consolidated version is of documentary value only.