97/784/EC: Council Decision of 22 April 1997 concerning the conclusion of an Agreement on telecommunications procurement and an Agreement in the form of a memorandum concerning the procurement of private telecommunications operators between the European Community and the Republic of Korea

22.11.1997 EN Official Journal of the European Communities L 321/30
COUNCIL DECISION
of 22 April 1997
concerning the conclusion of an Agreement on telecommunications procurement and an Agreement in the form of a memorandum concerning the procurement of private telecommunications operators between the European Community and the Republic of Korea
(97/784/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 113, in conjunction with Article 228 (2), first sentence thereof,
Having regard to the proposal from the Commission,
Whereas the Agreement on telecommunications procurement and the Agreement in the form of a memorandum concerning the procurement of private telecommunications operators between the European Community and the Republic of Korea should be approved;
Whereas the conclusion of the Agreement on telecommunications procurement and the Agreement in the form of a memorandum should be based on Article 113 of the Treaty because the Agreements apply only to products and services which are incidental to the procurement of these products;
Whereas it is appropriate that the Council should authorize the Commission, in consultation with a special committee to be appointed by the Council, to approve modifications on behalf of the Community of Annex I to the Agreement on telecommunications procurement; whereas, however, such authorization will be limited to the modifications resulting from the application of the procedure of Article 8 of Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (1),