2006/884/EC: Commission Decision of 6 December 2006 on determining the Community position for a Decision of the Joint Committee established under the Agreement between the European Community and the United States of America on the Mutual Recognition of Certificates of Conformity for Marine Equipment, adopting its Rules of Procedure
Date: 2006-12-06
Institutions: European Commission
Subjects: International Maritime Organisation, United States, agreement (EU), environmental protection, international standard, maritime safety, mutual recognition principle, quality label, rules of procedure, technical standard

7.12.2006

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Official Journal of the European Union

L 341/39

COMMISSION DECISION

of 6 December 2006

on determining the Community position for a Decision of the Joint Committee established under
the Agreement between the European Community and the United States of America on the Mutual
Recognition of Certificates of Conformity for Marine Equipment, adopting its Rules of Procedure

(2006/884/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS DECIDED AS FOLLOWS:

Having regard to the Treaty
Community,

establishing the European

Sole Article

Having regard to Council Decision 2004/425/EC (1) of 21 April
2004 on the conclusion of an Agreement between the
European Community and the United States of America on
the Mutual Recognition of Certificates of Conformity for
Marine Equipment (hereinafter the Agreement), and in particular
Article 3(2) thereof,

The position to be adopted by the European Community for a
decision by the Joint Committee, set up under Article 7 of the
Agreement between the European Community and the United
States of America on the Mutual Recognition of Certificates of
Conformity for Marine Equipment, adopting its Rules of
Procedure,
Joint Committee
decision annexed to this Decision.

shall be based on the draft

Whereas:

(1)

(2)

The Commission has,
the
Community position, consulted the special committee
designated by the Council.

in view of

adopting

the Joint
Article 7(2) of
Committee,
the
Agreement, shall determine its own Rules of Procedure,

the Agreement states that
7

under Article

established

of

Done at Brussels, 6 December 2006.

For the Commission

Peter MANDELSON
Member of the Commission

(1) OJ L 150, 30.4.2004, p. 42.

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ANNEX

‘DRAFT
DECISION No …/… OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT
BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED STATES OF AMERICA

on the Mutual Recognition of Certificates of Conformity for Marine Equipment adopting its Rules
of Procedure

THE JOINT COMMITTEE,

Having regard to the Agreement between the European Community and the United States of America on
the Mutual Recognition of Certificates of Conformity for Marine Equipment, and in particular Article 7
thereof,

Whereas Article 7(2) of the Agreement provides that the Joint Committee shall determine its own rules of
procedure,

HAS ADOPTED THIS DECISION:

1. 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 latter of these signatures.

Signed in Washington on

Signed in Brussels on

On behalf of the United States of America

On behalf of the European Community

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ANNEX

RULES OF PROCEDURE FOR THE JOINT COMMITTEE ESTABLISHED UNDER THE
AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED STATES OF
AMERICA

on the Mutual Recognition of Certificates of Conformity for Marine Equipment

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.
The Joint Committee shall meet at regular intervals 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

2.
videoconferencing may be used if the Parties so agree.

3.

The Co-Chairs shall convene meetings of the Joint Committee.

The Co-Chairs shall establish a date for the meeting and exchange such documents as necessary in

4.
time to ensure adequate preparation, if possible, three weeks prior to the meeting.

The Party hosting a meeting, or requesting a videoconference or teleconference, shall be responsible

5.
for logistical arrangements.

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.
The Co-Chairs shall draw up provisional agenda for each meeting no later than 14 days before the
meeting. The provisional agenda shall include the items for 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.

2.
Either Party may add items to the provisional agenda at any time prior to the meeting if the other
Party agrees. If possible, a Party shall make a request to add items to the provisional agenda in writing to
the other Party. Such requests shall be accommodated to the extent possible.

3.
The Co-Chairs shall adopt the final agenda at the beginning of each meeting. An item other than those
appearing on the provisional agenda may be placed on the agenda if the Parties agree and shall be
accommodated to the extent possible.

Article 5

Records of meetings

1.

2.

The Co-Chair of the host Party shall prepare a draft of the record of each meeting as soon as possible.

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

(a) documentation submitted to the Joint Committee;

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(b) statements that 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, as well as the

3.
ministry or agency that each represents.

4.

The Co-Chairs shall approve the record.

Article 6

Joint Committee Decisions

1.

The Joint Committee shall take decisions by unanimity.

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

2.
Committee meetings.

Decisions of the Joint Committee shall be entitled “Decisions” followed by a serial number, and by a
3.
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.

Article 7

Consultation of experts

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

Article 8

Expenses

Each Party shall be responsible for the expenses it incurs by reason of its participation in the meetings
1.
of the Joint Committee, including staff, travel and subsistence expenditure and postal or telecommunications
expenditure.

2.

The host Party shall generally cover other expenses arising from the organisation of the meetings.

Article 9

Administrative procedures

Unless the Parties decide otherwise, the meetings of the Joint Committee shall not be open to the

1.
public.

Records and other documents of the Joint Committee shall be considered to be information exchanged

2.
under Article 17 of the Agreement for purposes of confidentiality.

Participants other than officials of the Parties may be invited, if the Co-Chairs agree, and shall also be

3.
subject to Article 17 of the Agreement.

The Parties may organise public briefings or otherwise inform interested members of the public of the

4.
results of the Joint Committee meetings.’