External Responsibilities

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External Responsibilities

External responsibilities of the European Community and the Treaties of the European Union

Description of External responsibilities of the European Community provided by the European Union Commission: The European Community's external responsibilities are defined in accordance with whether they are conferred on the Community or on the Member States. They are described as “exclusive” where they are exercised entirely by the Community (e.g. the common agricultural policy) and “mixed” where they are shared with the Member States (e.g. the transport policy). The distinction has been defined in Court of Justice case law and is based on the principle of implicit responsibility, whereby external responsibility derives from the existence of internal responsibility. The Treaty confers explicit responsibility in only two cases: commercial policy (Article 133, formerly Article 113) and association agreements (Article 310, formerly Article 238). It should be pointed out that the common foreign and security policy comes under the heading of the EU's external relations, which are governed by intergovernmental procedures (second pillar), rather than under the external responsibilities of the European Community. The growth in the Community's activities (e.g. the completion of the single market), developments in world trade and the less clear-cut case law have made the exercise of external powers more problematic, while at the same time entailing a far-reaching duty to cooperate and coordinate in the name of a united front in international representation. To enable the Community to adapt to the radical changes in the structures of the world economy and reflect the wide responsibilities given to the World Trade Organisation, the Treaty of Amsterdam has amended Article 133 of the EC Treaty to allow the Council, acting unanimously, to broaden the scope of the common commercial policy to cover international negotiations and agreements on services and intellectual property.

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External responsibilities of the European Community and the Treaties of the European Union

Description of External responsibilities of the European Community provided by the European Union Commission: The European Community's external responsibilities are defined in accordance with whether they are conferred on the Community or on the Member States. They are described as “exclusive” where they are exercised entirely by the Community (e.g. the common agricultural policy) and “mixed” where they are shared with the Member States (e.g. the transport policy). The distinction has been defined in Court of Justice case law and is based on the principle of implicit responsibility, whereby external responsibility derives from the existence of internal responsibility. The Treaty confers explicit responsibility in only two cases: commercial policy (Article 133, formerly Article 113) and association agreements (Article 310, formerly Article 238). It should be pointed out that the common foreign and security policy comes under the heading of the EU's external relations, which are governed by intergovernmental procedures (second pillar), rather than under the external responsibilities of the European Community. The growth in the Community's activities (e.g. the completion of the single market), developments in world trade and the less clear-cut case law have made the exercise of external powers more problematic, while at the same time entailing a far-reaching duty to cooperate and coordinate in the name of a united front in international representation. To enable the Community to adapt to the radical changes in the structures of the world economy and reflect the wide responsibilities given to the World Trade Organisation, the Treaty of Amsterdam has amended Article 133 of the EC Treaty to allow the Council, acting unanimously, to broaden the scope of the common commercial policy to cover international negotiations and agreements on services and intellectual property.

Resources

See Also

Popular Treaties Topics

  • Treaties of the United Nations (UN)
  • Types of Treaties
  • International Treaties
  • Famous Treaties
  • Law of Treaties
  • Numbered Treaties

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