Proposal for a Council Decision determining the Community Position for a decision of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and the United States of America on adopting its rules of procedure
Date: 2001-12-10
Institutions: European Commission
Subjects: United States, agreement (EU), joint committee (EU), mutual recognition principle, rules of procedure

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 10.12.2001
COM(2001) 739 final

Proposal for a

COUNCIL DECISION

determining the Community Position for a decision of the Joint Committee established
under the Agreement on Mutual Recognition between the European Community and
the United States of America on adopting its rules of procedure

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. 

BACKGROUND

Article  14(1)  of  the  Agreement  on  Mutual  Recognition  between  the  European  Community
and the United States of America (hereafter referred to as the “Agreement) establishes a Joint
Committee. Article 14(3) of the Agreement provides that the Joint Committee shall determine
its own rules of procedures.

According  to  Article  3(3)  of  Council  1999/78/EC1  on  conclusion  of  the  Agreement,  the
position of the Community, with regard to a decision of the Joint Committee adopting its rules
of procedures, shall be determined by the Council, acting by qualified majority on a proposal
from the Commission.

2. 

THE RULES OF PROCEDURE

The rules of procedures lay down the operational modalities for the functioning of the Joint
Committee. This includes, inter alia, the following:

-

-

-

Organisation of the Joint Committee in terms of chairmanship (Article 1), meetings
at regular intervals and their preparation  (Article  2),  drawing  up  and  agreeing  on  a
draft agenda for meetings (Article 4) and the joint records of meetings (Article 5).

Establishing  procedures  for  how  decisions  by  the  Joint  Committee  are  to  be  taken
(Article  6).  These  apply  in  particular  to  the  designation  and  listing  of  Conformity
Assessment  Bodies  under  the  Sectoral  Annexes,  as  foreseen  in  Article  7  of  the
Agreement.

Stating that meetings of the Joint Committee are not open to the public and that the
confidentiality  requirement  of  Article  17  of  the  Agreement  applies  to  documents
exchanged  and  to  persons  invited  to  attend  meetings  and  are  not  officials  of  the
Parties.

3. 

FINANCIAL AND BUSINESS IMPACT

This  proposal  has  no  impact  on  the  Community  budget  or  on  small  and  medium  sized
companies.

4. 

CONCLUSION

For the reasons explained above, the Commission proposes to the Council to adopt a Decision
on  determining  the  Community  position  for  a  decision  of  the  Joint  Committee,  established
under the Agreement, on adopting its rules of procedures.

1  OJ L 31, 4.2.1999, p.1

2

                                                
Proposal for a

COUNCIL DECISION

determining the Community Position for a decision of the Joint Committee established
under the Agreement on Mutual Recognition between the European Community and
the United States of America on adopting its rules of procedure

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having  regard  to  Council  Decision  1999/78/EC,  of  22  June  1998,  on  the  conclusion  of  an
Agreement on Mutual Recognition between the European Community and the United States
of America2, hereinafter referred to as the “Agreement”, and in particular Article 3(3) thereof’

Having regard to the proposal from the Commission3,

Whereas

(1) 

Article  14(3)  of  the  Agreement  provides  that  the  Joint  Committee  established  under
the Agreement shall determine its rules of procedures,

(2) 

The Community position should be determined for such a decision,

HAS DECIDED AS FOLLOWS :

Article 1

The  position  to  be  adopted  by  the  European  Community  for  a  decision  by  the  Joint
Committee,  set  up  under  Article  14  of  the  Agreement  on  Mutual  Recognition  between  the
European Community and the United States of America, on adopting its rules of procedures
shall  be  based  on  the  draft  Joint  Committee  decision  in  the  annex  to  this  Decision.  Before
adoption  by  the  Joint  Committee,  modifications  of  a  technical  and  drafting  nature  may  be
agreed without further decision by the Council.

The  Decision  of  the  Joint  Committee  shall  be  published  in  the  Official  Journal  once  it  has
been adopted.

Article 2

2  OJ L 31, 4.2.1999, p.1
3 OJ C , , p. .

3

                                                
Done at Brussels,

For the Council
The President

4

ANNEX

Draft

Decision Nr. xx/2001 of the Joint Committee established under the Agreement on
Mutual Recognition between the European Community and the United States of
America

adopting its Rules of Procedure

THE JOINT COMMITTEE,

Having  regard to the  Agreement  on  Mutual  Recognition  between  the  European  Community
and the United States of America, and in particular Article 14 thereof;

Whereas Article 14(3) of the Agreements provides that the Joint Committee shall determine
its own rules and procedures;

HAS DECIDED AS FOLLOWS :

1. 

2. 

The rules of procedure for the Joint Committee, as specified in the Attachment to this
Decision, are hereby adopted.

This  Decision,  done  in  duplicate,  shall  be  signed  by  representatives  of  the  Joint
Committee  who  are  authorised  to  act  on  behalf  of  the  Parties  for  purposes  of
amending the Agreement. This Decision shall be effective from the date of the later
of these signatures.

Signed in Washington D.C. on 

Signed in Brussels on

On behalf of the
United States of America

On behalf of the
European Community

5

Rules of Procedure

for the Joint Committee established under the Agreement on Mutual Recognition
between the European Community and the United States of America

Article 1 Chairmanship

The Joint Committee shall be chaired jointly by a representative of the European Community
and a representative of the United States.

Article 2 Meetings

1.

2.

3.

4.

5.

The  Joint  Committee  shall  meet  at  regular  intervals,  and  at  least  once  a  year  at  a
mutually agreeable time. If additional meetings are deemed necessary by a Party, the
other  Party  shall  accommodate  the  request  for  a  meeting  to  the  maximum  extent
possible.

The  Parties  shall  take  turns  in  hosting  the  meeting  unless  otherwise  agreed.
Teleconferencing or videoconferencing may be used with agreement of the Parties.

Meetings of the Joint Committee shall be convened by the Co-Chairs.

The Co-Chairs shall establish a date for the meeting and exchange such documents as
necessary  in  time  to  ensure  adequate  preparation,  if  possible,  3  weeks  prior  to  the
meeting.

The Party hosting a meeting shall arrange logistical matters. Meetings convened by
videoconferencing  or  teleconferencing  shall  be  arranged  by  the  Co-Chair  that
requested the meeting.

Article 3 Delegations

The  Parties  shall  notify  each  other  at  least  one  week  before  a  meeting  of  the  intended
composition of their delegations.

Article 4 Agenda for the meetings

1.

2.

A provisional agenda for each meeting shall be drawn up by the Co-Chairs no later
than 14 days before the meeting.  The provisional agenda shall  include  the  items  in
respect of which a request for inclusion in the agenda has been received by either of
the Co-Chairs no later than 14 days before the meeting.

Either Party may add items to the provisional agenda at any time prior to the meeting
if  the  other  Party  agrees.  Requests  to  add  items  to  the  provisional  agenda  shall  be
sent in writing if possible and shall be accommodated to the extent possible.

6

3.

1.

2.

3.

4.

1.

2.

3.

4.

The final agenda shall be adopted by the Co-Chairs at the beginning of each meeting.
An item other than those appearing on the provisional agenda may be placed on the
agenda it the Parties agree and shall be accommodated to the extent possible.

Article 5 Records of the Meetings

A draft of the record shall be prepared as soon as possible by the Co-Chair hosting
the meeting.

The record shall, as a general rule, indicate in respect of each item on the agenda:

(a)

the documentation submitted to the Joint Committee;

(b)

statements which a Party has requested to be entered; and

(c)

decisions taken and the conclusions adopted on a specific item.

The  record  shall  also  indicate  the  individuals  of  the  respective  delegations
participating with the ministry or agency each represents indicated.

The record shall be approved by the Joint Committee at its following meeting.

Article 6 Joint Committee Decisions

The Joint Committee shall take decisions by unanimous consent.

The Joint Committee may adopt a decision by written procedure at times other than
formal Joint Committee meetings.

Decisions of the Joint Committee shall be entitled « Decisions » followed by a serial
number, and by a description of their subject. The date the decision takes effect shall
also  be  indicated.  Decisions  shall  be  signed  by  representatives  of  the  Joint
Committee  who  are  authorised  to  act  on  behalf  of  the  Parties.  Decisions  shall  be
drawn up in duplicate, each version being equally authentic.

Decisions  related  to  the  designation  and  listing  of  a  Conformity  Assessment  Body
shall be adopted by a written procedure. For this purpose, pursuant to Article 7 of the
Agreement, and without prejudice to specific provisions of a Sectoral Annex of the
Agreement, the following procedures shall apply:

(a) A  Party  shall  forward  its  proposal,  in  the  form  of  a  draft  Joint  Committee
decision  amending  the  Sectoral  Annex  to  include  a  Conformity  Assessment
Body or Bodies (a model of which is attached), to the other Party  in writing,
including  any  supporting  documentation.  The 
receiving  Party  shall
acknowledge  in  writing  the  date  of  its  receipt  of  the  proposal.  The  Party
receiving the proposal shall indicate in writing its consent or opposition within
60 days from its receipt.

(b)

If  the  Party  receiving  the  proposal  requires  additional  information,  it  shall
indicate in writing the information requested and the reasons for this. A request
for additional information suspends the 60 day period and which starts running

7

again once the additional information has been received, unless the Party has
requested  in  writing  an  additional  30  days  for  verifying  the  additional
information.

(c) Upon consent of the proposal, the receiving Party will sign and date the Joint
Committee  decision  and  forward  it  to  the  other  Party.  The  listing  of  the
proposed  Conformity  Assessment  Body  or  Bodies  is  effective  from  the  date
indicated in the Joint Committee decision.

(d)

(e)

(f)

If the Party receiving a proposal for designation fails to indicate its consent or
opposition within the 60 day time limit, and has not requested an additional 30
days, the matter shall be referred to the Joint Committee.

If  a  Party  contests  on  the  basis  of  documented  evidence  the  technical
competence  or  compliance  of  a  proposed  Conformity  Assessment  Body,  that
body shall not be listed in the applicable Sectoral Annex. The Joint Committee
can  decide  that  the  Conformity  Assessment  Body  be  verified.  Verification
shall be carried out in a timely manner by the Party in whose territory the Body
is located, but may be carried out jointly by the Parties in justified cases. After
the  completion  of  such  verification,  the  proposal  to  list  the  conformity
assessment body in the Sectoral Annex may be re-submitted according to these
rules of procedure.

In the event a Party or the Conformity Assessment Body in question opposes a
verification,  the  Conformity  Assessment  Body  shall  not  be  listed  in  the
applicable Sectoral Annex. However, a Party may at a later date submit a new
proposal for listing of that Conformity Assessment Body on the basis of new
evidence.

5.

6.

For a decision related to the suspension of a Conformity Assessment Body listed in a
Sectoral  Annex,  the  procedures  in  Article  8  of  the  Agreement  apply.  The  Joint
Committee  shall  give  effect  to  the  suspension  by  taking  a  decision  by  written
procedure in accordance with paragraph 3.

For a decision related to the withdrawal of a Conformity Assessment Body listed in a
Sectoral  Annex,  the  procedures  in  Article  9  of  the  Agreement  apply.  The  Joint
Committee  shall  give  effect  to  the  suspension  by  taking  a  decision  by  written
procedure in accordance with paragraph 3.

Article 7 The Joint Committee and Joint Sectoral Committees

The Joint Sectoral Committees shall keep the Joint Committee informed and provide reports
of  their  work,  deliberations,  and  conclusions  in  relation  to  implementation  of  the  Sectoral
Annexes. Each Party on the Joint Committee shall ensure that its representatives in the Joint
Sectoral Committees are kept fully informed of the matters discussed in and positions adopted
by the Joint Committee. The Joint Committee may delegate specific tasks to the Joint Sectoral
Committees.

Article 8 Consultation of Experts

The Committee may consult experts on particular issues if both Parties agree.

8

1.

2.

1.

2.

3.

4.

Article 9 Expenses

Each  Party  shall  be  responsible  for  the  expenses  they  incur  by  reason  of  their
participation  in  the  meetings  of  the  Joint  Committee,  including  staff,  travel  and
subsistence expenditure and postal or telecommunications expenditure.

Other  expenses  arising  from  the  organisation  of  the  meetings  shall  generally  be
covered by the Party hosting the meeting.

Article 10 Administrative Procedures

Unless otherwise decided, the meetings of the Joint Committee shall not be open to
the public.

Records and other documents of the Joint Committee shall be considered information
exchanged under Article 17 of the Agreement for purposes of confidentiality.

Participants other than officials of the Parties  may  be  invited  by  agreement  of  both
Co-Chairs  and  shall  be  subject  to  the  same  confidentiality  requirements  in
accordance with Article 17 of the Agreement

The Parties may organise public briefings or otherwise inform interested members of
the public of the results of the Joint Committee meetings.

9

Attachment to the Rules of Procedure of the Joint Committee

Model  Joint  Committee  decision  for  the  listing  of  Conformity  Assessment  Bodies  under  a
written procedure

Decision No x/2001 of the Joint Committee established under the Agreement on Mutual
Recognition between the European Community and the United States of America
related to the listing of Conformity Assessment Bodies under the Sectoral Annex on [to
be specified]

THE JOINT COMMITTEE,

Having  regard  to  the  Agreement  on  Mutual  Recognition  between  the  European  Community
and the United States of America and in particular Article 7 and 14;

Whereas the Joint Committee is to take a decision to list a Conformity Assessment Body or
Bodies under a Sectoral Annex;

HAS DECIDED AS FOLLOWS:

1.

2.

The  Conformity  Assessment  Bodies  in  Attachment  A  are  added  to  the  list  of
Conformity  Assessment  Bodies  under  column  “US  access  to  the  EC  market”  in
Section V of the Sectoral Annex [to be specified].

The  Conformity  Assessment  Bodies  in  Attachment  B  are  added  to  the  list  of
Conformity  Assessment  Bodies  under  column  “EC  access  to  the  US  market”  in
Section V of the Sectoral Annex on [to be specified].

[additional Attachments with Sectoral Annexes can be included].

3.

4.

The  specific  scope  of  listing,  in  terms  of  products  and  conformity  assessment
procedures, of the Conformity Assessment Bodies indicated in Attachments A and B
have been agreed by the Parties and will be maintained by them.

This  Decision,  done  in  duplicate,  shall  be  signed  by  representatives  of  the  Joint
Committee  who  are  authorized  to  act  on  behalf  of  the  Parties  for  purposes  of
amending the Agreement. This Decision shall be effective from the date of the later
of these signatures.

On behalf of the 

On behalf of the

United States of America

European Community

Signed in Washington D.C. on 

Signed in Brussels on

10

Attachment A

US Conformity Assessment added to the list of Conformity Assessment Bodies under
column “US access to the EC market” in Section V of the Sectoral Annex on [to be
specified]

[name  and  contact  details  of  listed  Conformity  Assessment
Bodies]

11

Attachment B

EC Conformity Assessment Bodies added to the list of Conformity Assessment Bodies
under column “EC access to the US market” in Section V of the Sectoral Annex on [to
be specified

[name  and  contact  details  of  listed  Conformity  Assessment
Bodies]

12