The committee adopted the report by Timothy KIRKHOPE (EPP-ED, UK)
approving the proposed Council decision subject to two amendments concerning
the legal basis. Having consulted Parliament's Committee on Legal Affairs,
the committee concluded that the Mixed Committees created within the
Agreement could be considered a specific institutional framework within the
meaning of the second subparagraph of Article 300(3) TEC. The Commission
should therefore have indicated the second subparagraph of Article 300(3) TEC
as the legal basis of the proposal, which implies the assent procedure,
rather than the first subparagraph of Article 300(3) TEC, which provides for
simple consultation of Parliament. The committee amended the text of the
proposal accordingly