1. Without prejudice to the specific provisions laid down in Article
III-315,
agreements
between the Union and third countries or international organisations shall be negotiated
and concluded in accordance with the following procedure.
2. The Council shall authorise the opening of negotiations, adopt negotiating directives,
authorise the signing of agreements and conclude them.
3. The Commission, or the Union Minister for Foreign Affairs where the agreement
envisaged relates exclusively or principally to the common foreign and security policy,
shall submit recommendations to the Council, which shall adopt a European decision
authorising the opening of negotiations and, depending on the subject of the agreement
envisaged, nominating the Union negotiator or head of the Union's negotiating team.
4. The Council may address directives to the negotiator and designate a special
committee in consultation with which the negotiations must be conducted.
5. The Council, on a proposal by the negotiator, shall adopt a European decision
authorising the signing of the agreement and, if necessary, its provisional application
before entry into force.
6. The Council, on a proposal by the negotiator, shall adopt a European decision
concluding the agreement.
Except where agreements relate exclusively to the common foreign and security policy,
the Council shall adopt the European decision concluding the agreement:
(a) after obtaining the consent of the European Parliament in the following cases:
(i) association agreements;
(ii) Union accession to the European Convention for the Protection of Human Rights
and
Fundamental Freedoms;
(iii) agreements establishing a specific institutional framework by organising cooperation
procedures;
(iv) agreements with important budgetary implications for the Union;
(v) agreements covering fields to which either the ordinary legislative procedure
applies,
or the special legislative procedure where consent by the European Parliament is
required.
The European Parliament and the Council may, in an urgent situation, agree upon a
time-
limit for consent.
(b) after consulting the European Parliament in other cases. The European Parliament
shall deliver its opinion within a time- limit which the Council may set depending on the
urgency of the matter. In the absence of an opinion within that time-limit, the Council may
act.
7. When concluding an agreement, the Council may, by way of derogation from
paragraphs 5, 6 and 9, authorise the negotiator to approve on the Union's behalf
modifications to the agreement where it provides for them to be adopted by a simplified
procedure or by a body set up by the agreement. The Council may attach specific
conditions to such authorisation.
8. The Council shall act by a qualified majority throughout the procedure.
However, it shall act unanimously when the agreement covers a field for which unanimity
is required for the adoption of a Union act as well as for association agreements and the
agreements referred to in Article III-319 with the States which are candidates for
accession.
9. The Council, on a proposal from the Commission or the Union Minister for Foreign
Affairs, shall adopt a European decision suspending application of an agreement and
establishing the positions to be adopted on the Union's behalf in a body set up by an
agreement, when that body is called upon to adopt acts having legal effects, with the
exception of acts supplementing or amending the institutional framework of the
agreement.
10. The European Parliament shall be immediately and fully informed at all stages
of the
procedure.
11. A Member State, the European Parliament, the Council or the Commission may
obtain the opinion of the Court of Justice as to whether an agreement envisaged is
compatible with the Constitution. Where the opinion of the Court of Justice is adverse,
the agreement envisaged may not enter into force unless it is amended or the
Constitution is revised.