Common Commercial Policy

Question 2

TRUE or FLASE: only the EU can adopt binding legislation and negotiate trade agreements in the Common Commercial Policy

Answer 2

-TRUE: exclusive competence

Question 3

TRUE or FALSE: the CFSP is an intergovernmental institution unlike the CCP

Answer 3

-TRUE
-decisions require unanimity among MS

Question 4

Explain the ERTA Doctrine:

Answer 4

-in da area in which EU adopts EU legislation
-get pow. in dat are to nego. ext. aggreements
-Exclus. Compet.
-First establish. in Op. 1/76
-Art. 3(2) TFEU

Question 5

True or False: in some areas both EU and MS are involved in treaty making

Answer 5

-YES
- ISSUES OF SHARED COMPETENCE

Question 6

Explain what an automous act is under EU Law?

Answer 6

-Act EU institutions can adopt without MS approval
-Art. 207(2)

Question 7

Explain the methods in which International agreements are carried out by the EU?

Answer 7

1.Negotiated by EC
2. Concluded by Council
-usually by QMW
-Sometimes need unanimity (Art. 207(4) TFEU)

Question 8

Explain how autonomous Acts are established

Answer 8

-Ordinary legislative procedure (Art. 207(2) CCP)

Question 9

Explain the EU’s competence when it comes to IP

Answer 9

1. EU has excl. competence when it comes to intern. trade
   -so if IP rel. 2 internat. trade
   -excl. comp of EU
   -Daiichi Sankyo case

Question 10

Explain what Opinion 2/15 concluded about the CCP

Answer 10

-CCP exclusive competence over:
-FDI
-Competition
-SHARED compet. over:
-NDFR

Question 11

List the decision making procedures in Trade Policy

Answer 11

-Autonomous Acts
-Art. 207(2) TFEU

-International Agreements
-Art. 218 TFEU

Question 12

Explain the structure of determining whether an issue is within in CCP competence

Answer 12

(1) Express v. Implied competence
(a) Express competence–> Art. 216(1) alt. 1 TFEU
(b) Implied competence–> Art. 216(1) alt. 2 TFEU + ERTA Doctrine

(2) Exclusive or shared competence?
-Exclusive: Art. 207 TFEU(CCP Areas)
-Art. 207(1)–> not just anything economic !!!!
+
-areas cov. by art. 8-13 TFEU
NB: In mixed agreements, CCP parts up to union, non-ccp parts MS

Shared: for non-CCP matters, including:
(i) Art. 79 TFEU: AFSU
(ii) Art. 186, 209, 212, 214
(iii Art. 1919 TFEU: environment
(iv) Art. 217 TFEU: association agreements