Proposal for a Council Decision on the conclusion of the Agreement between the European Union and Japan on the mutual legal assistance in criminal matters
Date: 2009-12-17
Institutions: European Commission
Subjects: Japan, agreement (EU), criminal proceedings, extradition, judicial cooperation, signature of an agreement

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EUROPEAN COMMISSION 

Brussels, 17.12.2009 
COM(2009)706 final 

2009/0188 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Union and Japan on the 
mutual legal assistance in criminal matters  

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

On  26-27  February  2009  the  Council  decided  to  authorise  the  Presidency,  assisted  by  the 
Commission, to open negotiations for an Agreement between the European Union and Japan 
on mutual legal assistance in criminal matters.  

In  the  absence  of  bilateral  mutual  legal  assistance  treaties  between  the  Member  States  and 
Japan, the European Union seeks to establish more effective cooperation between its Member 
States and Japan in the area of mutual legal assistance in criminal matters. 

The  signing  of  the  Agreement  between  the  European  Union  and  Japan  on  the  mutual  legal 
assistance in criminal matters was authorised by the Council in its Decision of 30 November 
2009 based on Articles 24 and 38 of the Treaty on European Union. The Agreement should 
now be concluded. 

With  the  entry  into  force  of  the  Lisbon  Treaty  on  1  December  2009,  the  procedures  to  be 
followed to that end by the European Union are governed by Article 218 of the Treaty on the 
Functioning of the European Union. 

Article  218(6)(a)  of  the  Treaty  on  the  Functioning  of  the  European  Union  states  that  in  the 
case  of  agreements  covering  fields  to  which  the  ordinary  legislative  procedure  applies,  the 
Council  shall  adopt  a  decision  concluding  the  agreement,  after  obtaining  the  consent  of  the 
European Parliament. 

The  Commission  therefore  recommends  to  the  Council,  after  obtaining  the  consent  of  the 
European  Parliament,  to  adopt  a  decision  concluding  the  Agreement  between  the  European 
Union and Japan on mutual legal assistance in criminal matters. 

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2009/0188 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Union and Japan on the 
mutual legal assistance in criminal matters 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union  and  in  particular 
Article 82(1)(d), read in conjunction with Article 218(6)(a) thereof, 

Having regard to the proposal from the Commission,  

Having regard to the consent of the European Parliament, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

On  29  –  27  February  2009  the  Council  authorised  the  Presidency,  assisted  by  the 
Commission, to open negotiations for an Agreement between the European Union and 
Japan on mutual legal assistance in criminal matters.  

In accordance with Council Decision 2010/1…, the Agreement between the European 
Union and Japan on the mutual legal assistance in criminal matters was signed on 30 
November 2009, subject to its conclusion at a later date..  

The  Agreement  has  not  yet  been  concluded. With  the  entry  into  force  of  the  Lisbon 
Treaty  on  1  December  2009,  the  procedures  to  be  followed  to  that  end  by  the 
European Union are governed by Article 218 of the Treaty on the Functioning of the 
European Union. 

The Agreement should be concluded. 

[In accordance with Article 3 of Protocol Nº 21 on the Position of the United Kingdom 
and  Ireland  in  respect  of  the  area  of  Freedom,  Security  and  Justice  annexed  to  the 
Treaty on European Union and the Treaty on the Functioning of the European Union, 
the United Kingdom and Ireland have notified their wish to take part in the adoption of 
this Decision.] 

In  accordance  with  Articles  1  and  2  of  Protocol  Nº  22  on  the  Position  of  Denmark 
annexed  to  the  Treaty  on  European  Union  and  the  Treaty  on  the  Functioning  of  the 
European Union, Denmark is not taking part in the adoption of this Decision and is not 
bound by the Agreement or subject to its application. 

1 

This Council Decision has not yet been published. 

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HAS ADOPTED THIS DECISION: 

Article 1 

The Agreement between the European Union and Japan on mutual legal assistance in criminal 
matters is hereby concluded. 

The text of the Agreement to be concluded is attached to this Decision. 

Article 2 

The President of the Council shall designate the person empowered to proceed, on behalf of 
the European Union, to the exchange of the instruments  of  approval  provided  for  in  Article 
31(1) of the Agreement, in order to express the consent of the European Union to be bound by 
the Agreement. 

Article 3 

This  Decision  shall  enter  into  force  on  the  day  of  its  adoption.  It  shall  be  published  in  the 
Official Journal of the European Union. 

The date of entry into force of the Agreement shall be published in the Official Journal of the 
European Union. 

Done at Brussels, 

For the Council 
[The President] 

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