Explanatory Memorandum to COM(2009)706 - Conclusion of the Agreement with Japan on the mutual legal assistance in criminal matters - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2009)706 - Conclusion of the Agreement with Japan on the mutual legal assistance in criminal matters. |
|---|---|
| source | COM(2009)706  |
| date | 17-12-2009 |
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.