Considerations on COM(2022)418 - Approval of the modification of Annexes I, II and III to the Agreement with Japan on mutual legal assistance in criminal matters

Please note

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(1) The Agreement between the European Union and Japan on mutual legal assistance in criminal matters 5  (the ‘Agreement’) was concluded by Council Decision 2010/616/EU 6 and entered into force on 2 January 2011.

(2) The annexes to the Agreement list the Central Authorities of the Contracting Parties (Annex I); the authorities competent to originate requests for mutual legal assistance pursuant to the Agreement (Annex II); and the languages accepted (Annex III). In accordance with Article 30 of the Agreement, Contracting Parties to the Agreement may modify the annexes by mutual consent without amending the Agreement.

(3) Since some changes on the part of Member State national authorities need to be taken into account and to ensure that the European Public Prosecutor’s Office is recognised as an authority competent to originate, send, receive and respond to requests for mutual legal assistance pursuant to the Agreement, it is necessary to update those annexes to the Agreement.

(4) In accordance with Article 3 and Article 4a(1) of Protocol No 21 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 the Treaty on the Functioning of the European Union, Ireland has notified [, by letter of …,] its wish to take part in the adoption and application of this Decision.] OR [In accordance with Articles 1 and 2 [and Article 4a(1) ] of Protocol No 21 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, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Decision and is not bound by it or subject to its application.]

(5) In accordance with Articles 1 and 2 of the Protocol No 22 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.