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International agreements

Latvia signing the Accession Treaty (Photo: European Commission)

The EU can enter into international agreements on trade and other topics, if it is allowed to legislate on such issues internally (within the EU). Such external agreements are decided according to the same rules as those for the internal policies. This principle is now laid down in Art. 133.6 TEC in the Nice Treaty.

For example, if qualified majority voting can decide the internal policy then the international agreement can also be decided by a qualified majority.

Future

The Lisbon Treaty proposes to make qualified majority voting the normal decision-making method for international agreements - including for part of foreign policy, but here with a veto right. The international agreements will be entered into on the basis of Art. 207, 212 and 218 TFEU. There will be unanimity for commercial aspects of intellectual property rights and services in social, health and education but only if they would be "seriously disturbing the national organisation of such services" - in the eyes of the Commission.  Agreements will therefore normally be based on qualified majority votes in the Council. 

The EU will be a legal personality competent to enter in any international agreement instead of the Member States. See Art. 47 TEU. If the content is ruled by majority vote for internal rules there will also be majority votes for the international agreements. If an area is governed ny unanimity internally there will also be unanimity for external action. 

See also World Trade Organisation

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