Considerations on COM(2009)706 - Conclusion of the Agreement with Japan on the mutual legal assistance in criminal matters

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dossier COM(2009)706 - Conclusion of the Agreement with Japan on the mutual legal assistance in criminal matters.
document COM(2009)706 EN
date October  7, 2010
 
table>(1)On 26–27 February 2009 the Council authorised 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.
(2)In accordance with Council Decision 2010/88/CFSP/JHA of 30 November 2009, the Agreement between the European Union and Japan on mutual legal assistance in criminal matters (hereinafter the Agreement) was signed on 30 November and 15 December 2009, subject to its conclusion.

(3)The Agreement has not yet been concluded. With the entry into force of the Treaty of Lisbon on 1 December 2009, the procedures to be followed by the Union in order to conclude the Agreement are governed by Article 218 of the Treaty on the Functioning of the European Union.

(4)The Agreement should be approved.

(5)In accordance with Article 3 of the Protocol on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, these Member States have notified their wish to take part in the adoption and application of this Decision.

(6)In accordance with Articles 1 and 2 of the Protocol on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,