Ch. 26. THE EXTERNAL RELATIONS POWERS OF THE EUROPEAN COMMUNITY

A. The EEC Treaty Provisions on External Relations

1. Express Grants of External Relations Power

Article 133 (ex 113) (As Amended by Article G(28) TEU)

• common commercial policy
• procedure for international agreements (para. 3)
• Commission recommends negotiations
• Council authorizes negotiations by Commission
• Commission recommends agreement
• Council decides by qualified majority

Article 302 (ex 229)

• Commission responsible for relations with UN, GATT, all other int'l orgs.

Article 310 (ex 238) (As amended by Article G(84) TEU)

• Association agreements with third countries or international organizations
• reciprocal rights and duties
• common action
• special procedures
• procedure: ex 228(2,3)
• proposal for negotiations by Comm'n, authorization by unanimous C'cil
• to make an agreement: Commission recommends, Council acts by unanimous vote, Parliament consents


2. Approval of International Agreements and the Role of the European Parliament

Article 300 (ex 228) ( As amended by Article G(80) TEU)

• except for 133 (ex 113) and 310 (ex 238),
• Council acts by qualified majority
• consultation with Parliament
• procedure applies regardless of what would be required for internal action
 

B. The Court of Justice and the Community's Powers in External Relations

1. Implied Powers: the ERTA case
 

COMMISSION V. COUNCIL, p. 895 (1971). Who has the right - Comm'n for EC, or MS - to negotiate the ERTA with non-Member states, absent express authority to anyone?

• what is the significance of the Community's "legal personality" (art. 281 (ex 210))?
• does Community have power to make a treaty, whenever it has power to act internally?
• when Council exercises power to make common rules for all MS, can it authorize a treaty? What MS duties does this trigger?
• take appropriate action to implement
• refrain from any action that would undermine
• How would the AG have decided the case?