{
  "url": "https://openlegislation.uk/eu-decision-2015-2354/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-2015-2354/introduction.json",
  "legislation": "eudn/2015/2354",
  "legislation_title": "Council Decision (EU) 2015/2354 of 10 December 2015 authorising certain Member States to accept, in the interest of the European Union, the accession of Seychelles to the 1980 Hague Convention on the Civil Aspects of International Child Abduction",
  "legislation_url": "https://openlegislation.uk/eu-decision-2015-2354",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Council Decision (EU) 2015/2354\nof 10 December 2015\nauthorising certain Member States to accept, in the interest of the European Union, the accession of Seychelles to the 1980 Hague Convention on the Civil Aspects of International Child Abduction\nTHE COUNCIL OF THE EUROPEAN UNION,\nHaving regard to the Treaty on the Functioning of the European Union, and in particular Article 81(3) in conjunction with Article 218 thereof,\nHaving regard to the proposal from the European Commission,\nHaving regard to the opinion of the European Parliament,\nWhereas:\n(1)\nThe European 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.\n(2)\nThe Council adopted Regulation (EC) No 2201/2003 (‘Brussels IIa 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.\n(3)\nRegulation (EC) No 2201/2003 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 aims to ensure the prompt return of wrongfully removed or retained children.\n(4)\nAll Member States of the Union are party to the 1980 Hague Convention.\n(5)\nThe 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.\n(6)\nA common legal framework applicable between Member States of the Union and third states could be the best solution to sensitive cases of international child abduction.\n(7)\nThe 1980 Hague Convention stipulates that it applies between the acceding state and such contracting states as have declared their acceptance of the accession.\n(8)\nThe 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 that Convention, nor can it deposit a declaration of acceptance of an acceding state.\n(9)\nPursuant to Opinion 1/13 of the Court of Justice of the European Union, declarations of acceptance under the 1980 Hague Convention fall within the exclusive external competence of the Union.\n(10)\nSeychelles deposited its instrument of accession to the 1980 Hague Convention on 27 May 2008. The 1980 Hague Convention entered into force for Seychelles on 1 August 2008.\n(11)\nSeveral Member States have already accepted the accession of Seychelles to the 1980 Hague Convention. An assessment of the situation in Seychelles has led to the conclusion that those Member States that have not yet accepted the accession of Seychelles, are in a position to accept, in the interest of the Union, the accession of Seychelles under the terms of the 1980 Hague Convention.\n(12)\nThe Member States that have not yet accepted the accession of Seychelles should therefore be authorised to deposit their declarations of acceptance of accession of Seychelles in the interest of the Union in accordance with the terms set out in this Decision. The Kingdom of Belgium, the Czech Republic, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, Malta, the Republic of Poland, the Republic of Slovenia, the Slovak Republic, the Republic of Finland and the Kingdom of Sweden which have already accepted the accession of Seychelles to the 1980 Hague Convention should not deposit new declarations of acceptance as the existing declarations remain valid under public international law.\n(13)\nThe United Kingdom and Ireland are bound by Regulation (EC) No 2201/2003 and are taking part in the adoption and application of this Decision.\n(14)\nIn 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,\nHAS ADOPTED THIS DECISION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Opinion of 11 February 2015 (not yet published in the Official Journal)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "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)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2015/2354/introduction",
    "retrieved_at": "2026-11-01T15:14:07.998620+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}