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27 NOVEMBER 2013. - Act to ensure the implementation of the Hague Convention of 19 October 1996 concerning jurisdiction, applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures for the protection of children (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - Introductory provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Judicial Code
Art. 2. In Part IV, Book IV of the Judicial Code, the title of Chapter XIIbis, inserted by the Act of 10 August 1998 and amended by the Act of 10 May 2007, is replaced by the following: "Requests relating to transboundary measures relating to parental responsibility and the protection of children".
Art. 3. In article 1322nonies of the same Code, inserted by the Act of 10 May 2007, the words "of 25 October 1980" are inserted between the words "The Hague Convention" and the words "and the Rules".
Art. 4. Section 1322terdecies of the same Code, inserted by the Act of 10 May 2007, is replaced by the following:
"Art. 1322terdecies. For the purposes of the provisions of any of the Council's conventions or regulations referred to in section 1322bis, the Central Authority is the Federal Public Service Justice. "
Art. 5. In Article 1322quaterdecies, § 1^er, of the same Code, inserted by the Act of 10 May 2007, the words "of Article 33 of the Hague Convention of 19 October 1996 concerning jurisdiction, applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures for the protection of children and" are inserted between the words "for the purposes of application" and the words "of articles".
CHAPTER 3. - Amendment of the Private International Law Code
Art. 6. Article 35 of the Code of Private International Law is supplemented by § 3 as follows:
“§3. By derogation from the provisions of §§ 1^er and 2, where the person is under the age of eighteen, the applicable law is determined by the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children, concluded at The Hague on 19 October 1996.
The same is true when the person is less than eighteen years old and the international jurisdiction of Belgian courts is based on the provisions of Council Regulation (EC) No. 2201/2003 of 27 November 2003 on the competence, recognition and enforcement of decisions in matrimonial matters and on parental responsibility repealing Regulation (EC) No. 1347/2000. "
CHAPTER 4. - Final provisions
Section 1^re. - Transitional provision
Art. 7. Without prejudice to Article 53 of the Hague Convention of 19 October 1996 concerning jurisdiction, applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures for the protection of children, this Act applies after its entry into force to the determination of the full attribution or termination of parental responsibility or of its exercise.
Section 2. - Entry into force
Art. 8. This Act comes into force on the day on which, pursuant to Article 61 of the 1996 Convention referred to above, the Convention will enter into force with respect to Belgium.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 27 November 2013.
PHILIPPE
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seen and sealed the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) House of Representatives
(www.lachambre.be)
Documents. 53-3091.
Full report: 24 October 2013.
Senate
(www.senate.be)
Project not referred to by the Senate.