1. The common commercial
policy shall be based on uniform principles, particularly with
regard to changes in tariff rates, the conclusion of tariff and trade agreements relating to
trade in goods and services, and the commercial aspects of intellectual property, foreign
direct investment, the achievement of uniformity in measures of liberalisation, export
policy and measures to protect trade such as those to be taken in the event of dumping
or subsidies. The common commercial policy shall be conducted in the context of the
principles and objectives of the Union's external action.
2. European laws shall establish
the measures defining the framework for implementing
the common commercial policy.
3. Where agreements with
one or more third countries or international organisations
need to be negotiated and concluded, Article III-325 shall apply, subject to the special
provisions of this Article.
The Commission shall make
recommendations to the Council, which shall authorise it to
open the necessary negotiations. The Council and the Commission shall be responsible
for ensuring that the agreements negotiated are compatible with internal Union policies
and rules.
The Commission shall conduct
these negotiations in consultation with a special
committee appointed by the Council to assist the Commission in this task and within the
framework of such directives as the Council may issue to it. The Commission shall
report regularly to the special committee and to the European Parliament on the
progress of negotiations.
For the negotiation and
conclusion of the agreements referred to in paragraph 3, the
Council shall act by a qualified majority.
For the negotiation and
conclusion of agreements in the fields of trade in services and
the commercial aspects of intellectual property, as well as foreign direct investment, the
Council shall act unanimously where such agreements include provisions for which
unanimity is required for the adoption of internal rules.
The Council shall also act
unanimously for the negotiation and conclusion of
agreements:
(a) in the field of trade
in cultural and audiovisual services, where these agreements risk
prejudicing the Union's cultural and linguistic diversity;
(b) in the field of trade
in social, education and health services, where these agreements
risk seriously disturbing the national organisation of such services and prejudicing the
responsibility of Member States to deliver them.
5. The negotiation and conclusion
of international agreements in the field of transport
shall be subject to Section 7
of Chapter III of Title III and to Article III-325.
6. The exercise of the competences
conferred by this Article in the field of the common
commercial policy shall not affect the delimitation of competences between the Union
and the Member States, and shall not lead to harmonisation of legislative or regulatory
provisions of the Member States insofar as the Constitution excludes such
harmonisation.
