97/833/EC: Council Decision of 11 December 1997 laying down the procedure for adopting the Community's position in the Customs Union Joint Committee set up by Decision No 1/95 of the EC-Turkey Association Council on implementation of the final phase of the Customs Union

16.12.1997 EN Official Journal of the European Communities L 345/52
COUNCIL DECISION
of 11 December 1997
laying down the procedure for adopting the Community's position in the Customs Union Joint Committee set up by Decision No 1/95 of the EC-Turkey Association Council on implementation of the final phase of the Customs Union
(97/833/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas Decision No 1/95 (3) of the EC-Turkey Association Council established a Customs Union Joint Committee; whereas that Committee is empowered to frame recommendations to the Association Council and has decision-making powers in the cases provided for by the said Decision;
Whereas for the purposes of Joint Committee proceedings it is necessary to lay down rules for the adoption of common positions on the basis of which the Community, represented on the Joint Committee by the Commission, can enter into commitments vis-à-vis Turkey;
Whereas the Joint Committee's task is to ensure the proper functioning of the Customs Union and freedom of trade between the Parties; whereas common positions to be adopted by the Community accordingly fall within the scope of Article 113 of the Treaty, and the procedure provided for by that Article should as a rule apply;
Whereas it is necessary, however, to provide that common positions relating to the application of Community legislation and any associated technical adjustments or to the assessment of anti-competitive behaviour should be adopted by the Commission,