1999/78/EC: Council Decision of 22 June 1998 on the conclusion of an Agreement on Mutual Recognition between the European Community and the United States of America
Date: 1998-06-22
Institutions: Council of the European Union
Subjects: United States, agreement (EU), mutual recognition principle, ratification of an agreement

4.2.1999

EN

Official  Journal  of  the  European  Communities

L  31/1

II

(Acts  whose  publication  is  not  obligatory)

COUNCIL

COUNCIL  DECISION

of  22  June  1998

on  the  conclusion  of  an  Agreement  on  Mutual  Recognition  between  the  European  Community
and  the  United  States  of  America

(1999/78/EC)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

including  its  Annexes,  is  hereby  approved  on  behalf  of
the  Community.

Having  regard  to  the  Treaty  establishing  the  European
Community, and in particular Article 113, in conjunction
with  Article  228(2), 
first
subparagraph,  and  Article  228(4)  thereof,

first  sentence  and 

(3), 

Having  regard  to  the  proposal  from  the  Commission,

Whereas  the  Agreement  on  Mutual  Recognition  between
the  European  Community  and  the  United  States  of
America,  signed  in  London  on  18  May  1998,  has  been
negotiated  and  should  be  approved;

Whereas  certain  tasks  for  implementation  have  been
attributed  to  the  Joint  Committee  established  by  the
Agreement, and in particular the power to amend certain
aspects  of  the  Sectoral  Annexes  thereto;

Whereas  the  appropriate  internal  procedures  should  be
established  to  ensure  the  proper  functioning  of  the
Agreement,  and  whereas  it  is  necessary  to  empower  the
Commission to make certain technical amendments to the
Agreement  and 
its
implementation,

take  certain  decisions 

for 

to 

HAS  DECIDED  AS  FOLLOWS:

Article  1

The  Agreement  on  Mutual  Recognition  between  the
European  Community  and  the  United  States  of  America,

The  text  of  the  Agreement  and  the  Annexes  thereto  is
attached  to  this  Decision.

Article  2

The  President  of  the  Council  shall,  on  behalf  of  the
Community,  transmit  the  letter  provided  for  in  Article
21(1)  of  the  Agreement (1).

Article  3

in 

1. The  Commission  shall  represent  the  Community  in
the  Joint  Committee  provided  for  in  Article  14  of  the
Agreement,  and 
the  Joint  Sectoral  Committees
established  by  the  Sectoral  Annexes,  assisted  by  the
special  committee  designated  by  the  Council.  The
Commission  shall  proceed,  after  consultation  with  this
special  committee,  to  the  appointments,  notifications,
exchange of information and the requests for verifications
referred  to  in  Articles  10(b),  12,  13,  and  14(2)  of  the
Agreement  and  the  equivalent  provisions  of  its  Sectoral
Annexes.

(1)  The  date  of  entry  into  force  of  the  Agreement  will  be
the  European

the  Official 

Journal  of 

published 
in 
Communities.

L  31/2

EN

Official  Journal  of  the  European  Communities

4.2.1999

2. The  position  of  the  Community  with  regard  to
decisions  to  be  taken  by  the  Joint  Committee  or  if
appropriate  in  the  Joint  Sectoral  Committees  shall  be
determined,  with  regard  to  amendments  of  the  Sectoral
Annexes  (Article  14(4)(b),  and  Articles  7,  8  and  9  of  the
Agreement  and  the  equivalent  provisions  of  its  Sectoral
Annexes),  and  verification  of  compliance  in  accordance
with  Article  7(d)  of  the  Agreement,  by  the  Commission,
following  consultation  of  the  special  committee,  referred
to  in  paragraph  1  of  this  Article.

3.
In  all  other  cases  the  position  of  the  Community  in
the  Joint  Committee  or  Joint  Sectoral  Committees  shall
be  determined  by  the  Council,  acting  by  qualified

majority  on  a  proposal  from  the  Commission.  The  same
procedure  shall  apply 
the
Community  in  the  framework  of  Articles  16  and  21  of
the  Agreement.

to  decisions 

taken  by 

Done  at  Luxembourg,  22  June  1998.

For  the  Council

J.  BATTLE

The  President