Keywords
Summary

Keywords

1. INTERNATIONAL AGREEMENTS - CONCLUSION BY THE EEC - OPINION OF THE COURT - ADMISSIBILITY OF REQUESTS FOR AN OPINION - AGREEMENT ENVISAGED - CONCEPT

(EEC TREATY, SECOND SUBPARAGRAPH, ARTICLE 228 (1))

2. INTERNATIONAL AGREEMENTS - CONCLUSION BY THE EEC - OPINION OF THE COURT - ADMISSIBILITY OF REQUESTS FOR AN OPINION - COMPATIBILITY OF AN AGREEMENT WITH THE RULES OF THE TREATY - SUBSTANTIVE RULES AND RULES REGARDING THE EXERCISE OF POWERS

(EEC TREATY, SECOND SUBPARAGRAPH, ARTICLE 228 (1))

3. INTERNATIONAL AGREEMENTS - CONCLUSION BY THE EEC - OPINION OF THE COURT - ADMISSIBILITY OF REQUESTS FOR AN OPINION - BROAD CRITERIA OF ADMISSIBILITY - TIME-LIMIT FOR REQUESTS - NONE

(EEC TREATY, SECOND SUBPARAGRAPH, ARTICLE 228 (1))

4. COMMON COMMERCIAL POLICY - CONCEPT

(EEC TREATY, ARTICLE 113)

5. COMMON COMMERCIAL POLICY - IMPLEMENTATION - POWERS OF THE EEC - INTERNATIONAL AGREEMENTS - CONCLUSION

(EEC TREATY, ARTICLE 112, 113, 114)

6. COMMON COMMERCIAL POLICY - IMPLEMENTATION - INTERNATIONAL AGREEMENTS - CONCLUSION - EXCLUSIVE POWER OF THE COMMUNITY

(EEC TREATY, ARTICLE 113 AND 114)

7. COMMON COMMERCIAL POLICY - IMPLEMENTATION - POSSIBILITY OF BURDENS AND OBLIGATIONS ON THE MEMBER STATES - UNILATERAL ACTION OF THE MEMBER STATES PROHIBITED - COMMON ACTION

(EEC TREATY, ARTICLE 113

Summary

1. IN ITS REFERENCE TO AN 'AGREEMENT', THE SECOND SUBPARAGRAPH OF ARTICLE 228 (1) OF THE TREATY USES THE EXPRESSION IN A GENERAL SENSE TO INDICATE ANY UNDERTAKING ENTERED INTO BY ENTITIES SUBJECT TO INTERNATIONAL LAW WHICH HAS BINDING FORCE, WHATEVER ITS FORMAL DESIGNATION.

2. THE COMPATIBILITY OF AN AGREEMENT WITH THE PROVISIONS OF THE TREATY MUST BE ASSESSED IN THE LIGHT OF ALL THE RULES OF THE TREATY, THAT IS TO SAY, BOTH THOSE RULES WHICH DETERMINE THE EXTENT OF THE POWERS OF THE INSTITUTION OF THE COMMUNITY AND THE SUBSTANTIVE RULES.

3. THE PROCEDURE WHEREBY THE OPINION OF THE COURT IS OBTAINED AS TO THE COMPATIBILITY WITH THE TREATY OF AN INTERNATIONAL AGREEMENT CONCLUDED BY THE EEC MUST BE OPEN FOR ALL QUESTIONS CAPABLE OF SUBMISSION FOR JUDICIAL CONSIDERATION, EITHER BY THE COURT OF JUSTICE OR POSSIBLY BY NATIONAL COURTS, IN SO FAR AS SUCH QUESTIONS GIVE RISE TO DOUBT EITHER AS TO THE SUBSTANTIVE OR FORMAL VALIDITY OF THE AGREEMENT WITH REGARD TO THE TREATY.

PRECISELY BY REASON OF THE NON-CONTENTIOUS CHARACTER OF THE PROCEDURE CONTAINED IN THE SECOND SUBPARAGRAPH OF ARTICLE 228 (1), THE TREATY DOES NOT LAY DOWN A TIME-LIMIT FOR THE SUBMISSION OF A REQUEST FOR AN OPINION.

4. THE FIELD OF THE COMMON COMMERCIAL POLICY, AND MORE PARTICULARLY THAT OF EXPORT POLICY, NECESSARILY COVERS SYSTEMS OF AID FOR EXPORTS AND MORE PARTICULARLY MEASURES CONCERNING CREDITS FOR THE FINANCING OF LOCAL COSTS LINKED TO EXPORT OPERATIONS.

5. IN THE COURSE OF TAKING THE MEASURES NECESSARY TO IMPLEMENT THE PRINCIPLES LAID DOWN IN THE PROVISIONS CONCERNING THE COMMON COMMERCIAL POLICY, AND PARTICULARLY THOSE COVERED BY ARTICLE 113 OF THE TREATY, THE COMMUNITY IS EMPOWERED, PURSUANT TO THE POWERS WHICH IT POSSESSES, NOT ONLY TO ADOPT INTERNAL RULES OF COMMUNITY LAW, BUT ALSO TO CONCLUDE AGREEMENTS WITH THIRD COUNTRIES PURSUANT TO ARTICLE 113 (2) AND ARTICLE 114 OF THE TREATY.

6. THE PROVISIONS OF ARTICLES 113 AND 114 CONCERNING THE CONDITIONS UNDER WHICH, ACCORDING TO THE TREATY, AGREEMENTS ON COMMERCIAL POLICY MUST BE CONCLUDED SHOW CLEARLY THAT THE EXERCISE OF CONCURRENT POWERS BY THE MEMBER STATES AND THE COMMUNITY IN THIS MATTER IS IMPOSSIBLE.

7. THE 'INTERNAL' AND 'EXTERNAL' MEASURES ADOPTED BY THE COMMUNITY WITHIN THE FRAMEWORK OF THE COMMON COMMERCIAL POLICY DO NOT NECESSARILY INVOLVE, IN ORDER TO ENSURE THEIR COMPATIBILITY WITH THE TREATY, A TRANSFER TO THE INSTITUTIONS OF THE COMMUNITY OF THE OBLIGATIONS AND FINANCIAL BURDENS WHICH THEY MAY INVOLVE: SUCH MEASURES ARE SOLELY CONCERNED TO SUBSTITUTE FOR THE UNILATERAL ACTION OF THE MEMBER STATES, IN THE FIELD UNDER CONSIDERATION, A COMMON ACTION BASED UPON UNIFORM PRINCIPLES ON BEHALF OF THE WHOLE OF THE COMMUNITY