52002PC0271

Proposal for a COUNCIL DECISION amending Council Decision 98/508/EC of 18 June 1998 on the conclusion of an Agreement on mutual recognition in relation to conformity assessment, certificates and markings between the European Community and Australia

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Mutual Recognition Agreement (MRA) concluded between the European Community and Australia [1], was approved by Council Decision 98/508/EC of 18 June 1998 [2].

[1] Agreement on mutual recognition in relation to conformity assessment, certificates and markings between the European Community and Australia, OJ L229 of 17.8.1998, p.3

[2] OJ L229 of 17.8.1998, p.1

The Agreement sets up (in Article 12) a Joint Committee entrusted with the tasks of management of the Agreement. Article 3 of the Council Decision approving the MRA allocates certain tasks, for example, exchanges of information and verifications regarding the legislation used by the Parties, to the Commission after consultation of the Special Committee set up by the Council for the purpose, and also allocates to the Commission - again, in consultation with the special committee - the task of establishing the Community position for the Joint Committee in certain cases. In other cases the Community position for the Joint Committee has to be determined by the Council.

The Community has now also concluded MRAs with New Zealand, Canada, the United States of America and Japan. The procedures laid down for each MRA differ from one to another, and it is one purpose of the present Amendment to bring them into line.

The Joint Committee has no power either to add new Sectoral Annexes nor to amend the framework part of the MRA. In effect, therefore, the tasks of the Joint Committee are limited to day-to-day management, and amendments of the Sectoral Annexes. It is regarded as an inefficient use of resources, and in practice has proved unacceptably slow, to require the Council to agree on such purely technical matters.

Consequently, it is proposed to amend the Council Decision approving the MRA in such a way as to empower the Commission to establish the position for the Joint Committees.

2002/0117 (ACC)

Proposal for a COUNCIL DECISION amending Council Decision 98/508/EC of 18 June 1998 on the conclusion of an Agreement on mutual recognition in relation to conformity assessment, certificates and markings between the European Community and Australia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with Article 300 paragraph 2, first sub-paragraph, first sentence, and paragraph 3, first subparagraph, first sentence, and paragraph 4 thereof;

Having regard to the proposal from the Commission [3],

[3] OJ C [...], [...], p. [...]

Whereas:

(1) In order to ensure the efficient operation of the Agreement on mutual recognition in relation to conformity assessment, certificates and markings between the European Community and Australia [4] (the Agreement) it is necessary to amend Council Decision 98/508/EC of 18 June 1998 [5] in order to empower the Commission to take all necessary measures for the operation of the Agreement,

[4] OJ L229 of 17.8.1998, p.3

[5] OJ L229 of 17.8.1998, p.1

HAS DECIDED AS FOLLOWS:

Sole Article

Article 3 of Council Decision 98/508/EC of 18 June 1998 on the conclusion of an Agreement on mutual recognition in relation to conformity assessment, certificates and markings between the European Community and Australia is deleted and substituted with the following:

"Article 3

1. The Commission shall represent the Community in the Joint Committee provided for in Article 12 of the Agreement, assisted by the special Committee designated by the Council. The Commission shall proceed, after consultation with this special Committee, to the appointments, notifications, exchanges of information and requests for information specified in the Agreement.

2. The position of the Community in the Joint Committee shall be determined by the Commission, following consultation of the special Committee referred to in paragraph 1 of this Article."

Done at Brussels, [...]

For the Council

The President

[...]