Proposal for a COUNCIL DECISION amending Council Decision 2001/747/EC of 27 September 2001 on the conclusion of an Agreement on Mutual Recognition between the European Community and Japan

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Mutual Recognition Agreement (MRA) concluded between the European Community and Japan [1], was approved by Council Decision 2001/747/EC of 27 September 2001 [2].

[1] Agreement on mutual recognition between the European Community and Japan, OJ L284 of 29.10.2001, p.3

[2] OJ L284 of 29.10.2001, p.1

The Agreement sets up (in Article 8) a Joint Committee entrusted with the tasks of management of the Agreement. Article 3 of the Council Decision approving the MRA allocates certain tasks , for example, exchanges of information and verifications regarding the legislation used by the Parties, to the Commission after consultation of the Special Committee set up by the Council for the purpose, and also allocates to the Commission - again, in consultation with the special committee - the task of establishing the Community position for the Joint Committee in certain cases. In other cases the Community position for the Joint Committee has to be determined by the Council.

The Community has now also concluded MRAs with Australia, New Zealand, the United States of America and Canada. The procedures laid down in this respect for each MRA differ from one to another, and it is one purpose of the present Amendment to bring them into line.

The Joint Committee has no power either to add new Sectoral Annexes nor to amend the framework part of the MRA. In effect, therefore, the tasks of the Joint Committee are limited to day-to-day management, and amendments of the Sectoral Annexes. It is regarded as an inefficient use of resources, and in practice has proved unacceptably slow, to require the Council to agree on such purely technical matters.

Consequently, it is proposed to amend the Council Decision approving the MRA in such a way as to empower the Commission to establish the position for the Joint Committee.

2002/0118 (ACC)

Proposal for a COUNCIL DECISION amending Council Decision 2001/747/EC of 27 September 2001 on the conclusion of an Agreement on Mutual Recognition between the European Community and Japan

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with Article 300 paragraph 2, first sub-paragraph, first sentence, and paragraph 3, first subparagraph, first sentence, and paragraph 4 thereof;

Having regard to the proposal from the Commission [3],

[3] OJ C [...], [...], p. [...]

Whereas:

(1) In order to ensure the efficient operation of the Agreement on mutual recognition between the European Community and Japan [4] (the Agreement) it is necessary to amend Council Decision 2001/747/EC of 27 September 2001 [5] in order to empower the Commission to take all necessary measures for the operation of the Agreement;

[4] OJ L284 of 29.10.2001, p.3

[5] OJ L284 of 29.10.2001, p.1

HAS DECIDED AS FOLLOWS:

Sole Article

Article 3 of Council Decision 2001/747/EC of 27 September 2001 on the conclusion of an Agreement on Mutual Recognition between the European Community and Japan is deleted and substituted with the following:

"Article 3

1. The Commission shall represent the Community in the Joint Committee or any Sub-Committee provided for in Article 8 of the Agreement, assisted by the special Committee designated by the Council. The Commission shall proceed, after consultation with this special Committee, to the actions required for the implementation of the Agreement.

2. The position of the Community in the Joint Committee shall be determined by the Commission, following consultation of the special Committee referred to in paragraph 1 of this Article."

Done at Brussels,

For the Council

The President