Proposal for a Council Decision amending 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 America
Date: 2002-06-03
Institutions: European Commission
Subjects: United States, agreement (EU), mutual recognition principle

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 03.06.2002
COM(2002) 250 final

2002/0119 (ACC)

Proposal for a

COUNCIL DECISION

amending 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 America

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Mutual Recognition Agreement (MRA) concluded between the European Community
and the United States of America1, was approved by Council Decision 1999/78/EC of 22 June
19982.

The Agreement sets up (in Article 14) 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, Canada and
Japan. 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 as far as possible into line.

The MRA with the United States is unique in that it gives power to the Joint Committee to
make amendments to the main body of the Agreement. The other tasks of the Joint Committee
are 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 Committees. An
exception is made with regard to the powers given to the Joint Committee in accordance with
Article 14.4(g) and Article 21 paragraph 2, i.e., to amend the framework part of the MRA. In
this case it is proposed that the establishment of the Community position be placed with the
Council.

1

2

Agreement on Mutual Recognition between the European Community and the United States of
America, OJ L 31 of 4.2.1999, p.3
OJ L 31 of 4.2.1999, p.1

2

2002/0119 (ACC)

Proposal for a

COUNCIL DECISION

amending 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 America

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 Commission3,

Whereas:

(1)

In order to ensure the efficient operation of the Agreement on Mutual Recognition
between the European Community and the United States of America4 (the Agreement)
it is necessary to amend Council Decision 1999/78/EC of 22 June 19985 in order to
empower the Commission to take all necessary measures for the operation of the
Agreement;

(2)

The Council should retain the power to decide on amendments to the main body of the
Agreement;

HAS DECIDED AS FOLLOWS:

Sole Article

Article 3 of 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 America is deleted and substituted with the following:

1.

3

4

5

“Article 3

The Commission shall represent the Community in the Joint Committee provided for
in Article 14 of the Agreement, and in 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

OJ C […], […], p. […]
OJ L 31 of 4.2.1999, p.3
OJ L 31 of 4.2.1999, p.1

3

2.

3.

appointments, notifications, exchanges of information and requests for information
specified in the Agreement.

The position of the Community with regard to decisions to be taken by the Joint
Committee shall be determined, with regard to amendments to the main body of the
Agreement in accordance with Article 14.4(g) and Article 21 paragraph 2, by the
Council, acting by qualified majority on a proposal by the Commission.

The position of the Community in the Joint Committee or Joint Sectoral Committees
in all other cases 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

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