International Agreements

Question 1

EEA

Answer 1

European Economic Area

Question 2

EFTA

Answer 2

European Free Trade Area

Question 3

Preferential Trade Agreements

Answer 3

CETA (EU - Canada)

TTIP (EU - USA)

Question 4

Article 47

Answer 4

Union shall have a legal personality

Question 5

Article 37

Answer 5

Allows EU to conclude treaties internationally - primary power

Question 6

Article 216(1) and 3(2)

Answer 6

Implied competence to conclude an international agreement in certain circumstances - secondary power

Question 7

ERTA

Answer 7

Where EU has adopted rules that govern an area Internationally, it is possible to imply that it also has the competence externally. Only applies when the internal legislation has been used.

Question 8

Kramer

Answer 8

Any internal power that exists, even if not used, automatically confers external powers in the same area.

Question 9

Inland Waterway Vessels

Answer 9

Principle of complementarity - EU has implied external competence wherever it is necessary to attain an objective set out in express internal competence.

Question 10

Article 216(1) - 4 factors where union may conclude an international agreement.

Answer 10

Union may conclude an agreement where 
1 the treaties so provide (primary power)
2 Kramer
3 provided for in a legally binding act 
4 ERTA

Question 11

Article 3(1)

Answer 11

Common Commercial Policy - rules which may be applied to all MS to goods outside the EU

Question 12

207(1)

Answer 12

Common Commercial Policy includes the competence for “the conclusion of tariff and trade agreements related to trade in goods + services”

Question 13

Commission v Greece

Answer 13

MS cannot take any action to initiate proceedings with third countries when in an area of exclusive competence

Question 14

Article 50 (3)

Answer 14

Treaties apply to a withdrawing MS until an agreement is signed or 2 year time limit is up.

Question 15

Conditional exclusivity

Answer 15

MS lose their ability to make international agreements in the area covered by the common rules.

Question 16

OECD

3 circumstances shared competence becomes exclusive

Answer 16

1 ERTA
2 Internal Legislation “effecting complete harmonisation” of the area
3 Internal legislation expressly empowers the EU institutions to negotiate with non-members

Question 17

Article 3(2) 
(3 circumstances shared competence becomes exclusive)

Answer 17

1 conclusion provided for in a legislative act
2 necessary to enable the union to exercise its internal competence - ERTA
3 in so far as its conclusion may affect the common rules or alter their scope

Question 18

Article 4(1)

Answer 18

When competence falls outside of Article 3 it is shared

Question 19

Mixed agreements

Answer 19

In shared competence, or where an agreement covers a variety of areas, some exclusive some not.

Question 20

Article 218 Procedure

Answer 20

Commission contacts the council
Formally starts the process
Commission negotiates
Agreement is adopted
Consent of Parliament

Question 21

218(3)

Answer 21

Authorises opening of negotiations, nomination of EU negotiator

Question 22

218(2)

Answer 22

Adoption of negotiation directives setting out the main aims for the agreement.

Question 23

218(5)

Answer 23

Council authorises the signing

Question 24

218(6)

Answer 24

Exceptions where unanimity is required

Question 25

218(10)

Answer 25

Parliament should be kept fully informed

Question 26

218(6)(a)

Answer 26

Only need to consult Parliament

Question 27

216(2)

Answer 27

Agreement binding on every MS

Question 28

Haegeman

Answer 28

A MS which fails to implement the agreement is in violation of their obligations under EU law

Question 29

International Fruit Company

Answer 29

Under the EEC Treaty, the Union has assumed powers previously exercised by MS in areas covered by the general agreement.

Question 30

Functional Succession

Answer 30

Union is bound by agreements in which the field now falls within Union competence such that it is the replacement for the MS.

Question 31

351(1)

Answer 31

EU cannot require a MS to set aside any provisions of national law based on international agreements set out before accession.

Question 32

Commission v France

Answer 32

Mixed agreements concluded by the Union, its MS and non-member countries have the same status in the union legal order as purely the union agreements.

Question 33

Hermès International

Answer 33

Provisions should be interpreted uniformly whether Union or non-Union

Question 34

Parfums Christian Dior

Answer 34

In a field where the EU has not already legislated and which falls within the competence of MS the CJEU will not interfere with the jurisdiction of national courts.