Decision of 13 March 2000 laying down rules for the implementation of Article 24a of the Law on the inclusion of foreign children for adoption and entry into force of that Article (Decision of the Complaints Committee on Marketing Authorisation Holders for interrural adoption)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the proposal of the Secretary of State for Justice of 25 October 1999, Directorate-General for Legislation, No. CAS No 798026/99/6;
Having regard to Article 24a (b), first paragraph, second sentence, of the Law on the inclusion of foreign children for adoption , the Articles 9:13 and 9:14 of the General Administrative Law Act and Article 17, first paragraph, of the Law of 14 May 1998 implementing the Convention on the Protection of Children and Cooperation in the Field of Inter-State Adoption, adopted on 29 May 1993, and in relation thereto, amendment of the Act to include foreign foster children and any other laws (Stb. 302);
The Council of State heard (opinion delivered on 5 January 2000, No W03.99 0531 /I);
Having regard to the further report of the Secretary of State for Justice of 6 March 2000, Directorate-General for Legislation, No 5006821/00/6;
Have found good and understand:
For the purposes of this Decision, the Commission shall refer to: the Complaints Commission, referred to in Article 24a, 1st paragraph, of the Law integrating foreign children for adoption .
1 The committee is responsible for examining and advising on complaints about conduct that a permit holder has made as a governing body. Section 9.3 of the General Administrative Law Act shall apply.
2 Chapter 9 of the General Law on administrative law and the first paragraph shall also apply to the treatment of complaints about conduct carried out by a marketing authorisation holder other than the administrative organ.
1 The committee consists of five members, including the Chairman.
1 Our Minister appoints the members for a period of four years.
2 The President and the other members may be reappointed at most twice for a period of four years.
3 Our Minister may, at his written request, give the President or a Member the interim dismissal.
4 Of a vacancy, a decision to appoint, reappointment or dismissal shall be communicated in the Official Gazette.
The members have not been employed or employed under the responsibility of a permit holder, our Minister, the Child Protection Board or the Youth Inspectorate.
The Committee shall draw up rules governing its operation.
The authorisation holder shall inform prospective adoptive parents who call on their mediation in writing of the existence of the Complaints Committee and the possibility of submitting complaints.
1 The complaints committee shall draw up an annual public report setting out the number and nature of the complaints it has dealt with.
2 The Complaints Commission shall send the report to our Minister and to the Police Inspectorate for 1 April of the following calendar year.
This Decision and Article 14 (R) of the Law of 14 May 1998 implementing the Hague Convention on the Protection of Children and Cooperation in the Field of Inter-State Adoption, adopted on 29 May 1993 and, in relation thereto, amendment of the Act to include foreign foster children and any other laws (Stb. 302) shall enter into force as from 1 April 2000.
This decision is cited as: Decision of the Complaints Committee on Marketing Authorisation Holders internationwide adoption.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 13 March 2000
The Secretary of State for Justice,
M. J. CohenPublished three-and-20th March 2000
The Minister of Justice,
A. H. Korthals