Opinion on the draft Council Decision concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994) (94/C 397/07)

On 4 October 1994 the Council decided to consult the Economic and Social Committee, under Article 198 of the Treaty establishing the European Community, on the abovementioned draft Council decision.

The Section for External Relations, Trade and Development Policy, which was responsible for preparing the Committee's work on the subject, adopted its Opinion on 14 November 1994. The Rapporteur was Mr Giesecke.

At its 320th Plenary Session (meeting of 23 November), the Economic and Social Committee adopted the following Opinion unanimously.

1.1. In a number of Own-initiative Opinions the Committee has constructively but critically monitored the Uruguay Round negotiations, which are of major importance to the Community (). The Opinions in question have been forwarded not only to the Council, Commission and European Parliament, but also to the many trade associations and socio-economic interest groups represented on the Committee. They have thus helped trigger a widespread discussion of the sometimes complicated trade-policy issues at stake. Given the importance of the agreements reached and their implications for wide sections of the population, the Committee regrets that the Treaties do not specify - other than in a few exceptional cases such as the present one - that such trade-policy issues must be officially referred to it.

1.2. The Committee's Own-initiative Opinion of 15 September 1994 analyzed the results of the Uruguay Round negotiations. Topics considered to be of particular importance were discussed in detail.

The Committee also directed particular attention in this Opinion to new problem areas which are beginning to loom in the world economy, e.g. environmental protection, the introduction of social clauses and international rules on competition and investment. The Committee considered that these would have to be tackled rapidly by the World Trade Organization (WTO).

1.3. In its general assessment of the conclusion of the Uruguay Round, the Committee shares the view expressed in the Commission's current draft Council Decision that the reciprocal concessions and commitments represent a satisfactory and balanced overall outcome. The precondition for success, however, is that a) all partners abide by their commitments and b) Europe adopts policies which as far as possible alleviate any adverse effects flowing from the agreements.

1.4. The above remark is also true of the plurilateral agreements in Annex 4 to the Agreement establishing the WTO and the bilateral agreement negotiated with Uruguay on bovine meat.

1.5. It had already become clear very soon after the conclusion of negotiations that the Council and Commission had different ideas about who held responsibility for further action and what the legal base for such action would be. Whilst the Commission claimed sole responsibility on the basis of Article 113, the Council insisted that key parts of the negotiated package were the joint responsibility of the Commission and the Council by virtue of a further set of Treaty Articles.

1.6. The Committee regrets that the judgment of the European Union's Court of Justice, which alone could provide the necessary clarity in this dispute, was so late in being pronounced. Valuable time, needed for the careful preparation of subsequent stages, has therefore been lost.

1.7. The Committee considers that, given the increasing number of initiatives in the run-up to the creation of the WTO, the EU should unswervingly adhere to the timetable agreed in Marrakesh. The countries involved in world trade, particularly third-world countries and countries in the throes of transition, have placed great hopes in the line to be taken by the EU, the world's largest trading partner. The Committee therefore urges the bodies designed by the EU Court of Justice to take the necessary decisions in good time.

Done at Brussels, 23 November 1994.

The President

of the Economic and Social Committee

Carlos FERRER

() OJ No C 332, 31. 12. 1990.