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Trade policy: exclusive competence

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Piet Eeckhout

on 28 October 2014

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Transcript of Trade policy: exclusive competence

Trade policy: exclusive competence
Scope common commercial policy
International practice (1/75)
Both liberalization and regulation (1/78)
“Wide point of view”; non-exhaustive enumeration in Art 207 (1/78)
But delimitation from other legal bases (immigration and transport – 1/94; environment; CFSP): aim and content
Centre of gravity
Specificity test: intended to promote, facilitate or govern trade
Commercial aspects of intellectual property
TRIPs - Trade-Related Aspects of IP???
Opinion 1/94: IP does not specifically relate to trade
"Internal" competence: shared
Practice in the WTO: exclusive competence
Treaty amendments: Nice, Constitution, Lisbon
Daiichi judgment: TRIPs relates specifically to trade
Opinion 1/75 re export credits
trade policy made up of internal measures and external agreements
defence common interests
distortion of competition
concurrent powers would distort institutional framework
obligations and financial burdens may be borne by Member States
GATT definition customs union: "substantially the same customs duties and other regulations of commerce"
EU internal market: extends to imported products ("in free circulation")
Common trade policy needed to avoid deflections of trade and distortions of competition
Customs union, internal market and exclusive competence
Opinion 2/00 re Cartagena Protocol
Convention Biological Diversity
Link with trade in GMOs / GMO products
Centre of gravity analysis: aim and content
Repercussions on trade insufficient
Consequences Daiichi?
free-trade agreements?
Lisbon Treaty
extension to FDI
extension to services and IP, but note para 4 on unanimity
general objectives EU external action
decoupling external (trade) and internal (harmonization) competence?
"ordinary legislative procedure"
greater transparency?
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