Council Regulation (EC) No 1035/1999 of 11 May 1999 on implementation by the Commission of a programme of specific measures and actions to improve access of European Union goods and cross-border services to Japan

COUNCIL REGULATION (EC) No 1035/1999
of 11 May 1999
on implementation by the Commission of a programme of specific measures and actions to improve access of European Union goods and cross-border services to Japan
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community and in particular Article 133 and Article 308 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament(1),
Having regard to the European Parliament's Resolution of 18 September 1997 on the Communication from the Commission to the Council on "Europe and Japan: the next steps"(2),
(1) Whereas the Council's Conclusions of 29 May 1995 on the Commission's Communication on Japan recognised the distinct and specific problems of market access in Japan; whereas, in the light of this, the Council considered that priority should be given to improving access to the Japanese market; whereas the Council has emphasised the need for complementarity between the actions of the Community and those of the Member States, in particular in its Conclusions on Market Access of 13 May and 10 June 1996;
(2) Whereas it is the primary responsibility of Member States to draw up and implement programmes of measures and actions to support the efforts of their exporters to build up a commercial presence in foreign markets;
(3) Whereas the implementation of appropriate measures and actions to improve access of European Union goods and cross-border services to Japan and to eliminate trade barriers should contribute to reducing the Community's trade imbalance with Japan;
(4) Whereas, in order to compete successfully in the Japanese market, Community enterprises should strive to establish permanent business relationships in Japan; whereas this requires them to confront the challenges posed by Japan's unique market requirements and local business practices and complex distribution structures and trade and investment regulations; whereas support by Member States and the Community can assist enterprises to overcome the difficulties resulting therefrom in the early stages of their marketing and investment efforts;
(5) Whereas continuing efforts need to be made to build up a pool of European business expertise in Japan, in particular through the longstanding and valued Executive Training Programme, in order to prepare European companies to take advantage of new market openings and to ensure that they are not placed at a disadvantage compared to their foreign competitors;
(6) Whereas the specificity of the Japanese market led the Commission, in coordination with Member States, to set up the second "Gateway to Japan" campaign in 1997 to complement and back up the activities of Member States in this field; whereas this campaign is at its mid-term point and its immediate discontinuation would lead to a loss of investment in the network responsible for executing the campaign; whereas in the current economic climate in Japan, the "Gateway to Japan" campaign should continue until its expiry at the end of 2000, in order to support the continuing efforts by Member States;
(7) Whereas support may be given to other specific actions designed, inter alia, to facilitate access to the Japanese market by Community enterprises, notably SMEs, to identify and eliminate trade barriers in accordance with the Community market access strategy outlined in Council Decision 98/552/EC of 24 September 1998(3), to bring high level business missions to Japan to address specific market access issues, to collect information on specific regulatory issues in the field of trade, investment and intellectual property rights in the Japanese market affecting Community business interests, to establish conferences and seminars to promote European Union-Japan trade and investment relations and to promote initiatives to enhance the visibility of the European Union in Japan;
(8) Whereas the objectives and operating criteria of the programme of specific measures and actions in the area of goods and cross-border provision of services to be undertaken is to be defined by the Commission in close cooperation with representatives of the Member States;
(9) Whereas this Regulation provides for measures to remove trade barriers, to facilitate market access, to promote investment and to promote the export of European Union goods and cross-border services;
(10) Whereas part of the activities falling within the scope of this Regulation are covered by Article 133 of the Treaty; whereas, for the other activities, the Treaty does not provide for powers other than those in Article 308 thereof;
(11) Whereas this Regulation is to expire on 31 December 2001,