Keywords

Summary



Keywords

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1 . EEC - LEGAL PERSONALITY - EXTERNAL RELATIONS - CAPACITY OF THE COMMUNITY TO CONCLUDE AGREEMENTS WITH THIRD COUNTRIES

( EEC TREATY, ARTICLE 210 )

2 . POWERS OF THE COMMUNITY - COMMON POLICY - IMPLEMENTATION - TRANSPORT - SOCIAL MEASURES - INTERNATIONAL AGREEMENTS - AUTHORITY CONFERRED BY A REGULATION

( EEC TREATY, ARTICLES 74 AND 75; REGULATION NO 543/69 OF THE COUNCIL )

3 . PROCEDURE - APPLICATION FOR ANNULMENT - ACT OPEN TO JUDICIAL REVIEW - PROCEEDINGS OF THE COUNCIL INTENDED TO HAVE LEGAL EFFECTS - ADMISSIBILITY OF THE APPLICATION

( EEC TREATY, ARTICLES 164, 173 AND 189 )

4 . PROCEDURE - LEGAL INTEREST - OBJECT OF THE APPLICATION FOR ANNULMENT - EFFECT OF THE ANNULMENT WITH REGARD TO AN ACT OF THE COUNCIL

( EEC TREATY, ARTICLE 174 )

5 . INTERNATIONAL AGREEMENTS - TRANSPORT - DISTRIBUTION OF POWERS AMONGST THE INSTITUTIONS

( EEC TREATY, ARTICLES 75 AND 228 )

6 . INTERNATIONAL AGREEMENTS - CONFERMENT OF POWERS IN THE COURSE OF NEGOTIATIONS ENTERED INTO BY THE MEMBER STATES - SITUATION TO BE ASSESSED BY THE INSTITUTIONS CONCERNED - NEED FOR AGREEMENT BETWEEN THE COUNCIL AND THE COMMISSION - JOINT ACTION BY THE MEMBER STATES IN THE INTERESTS OF THE COMMUNITY

( EEC TREATY, ARTICLE 5; TREATY ESTABLISHING A SINGLE COUNCIL AND A SINGLE COMMISSION, ARTICLE 15 )

7 . OBJECTIVES OF THE COMMUNITY - ATTAINMENT - ABSENCE OF NECESSARY POWERS - POWERS OF THE COUNCIL - EXERCISE IN EXTERNAL RELATIONS - OPTIONAL NATURE

( EEC TREATY, ARTICLE 235 )

8 . MEASURES ADOPTED BY AN INSTITUTION - CATEGORY NOT COVERED BY ARTICLE 189 - STATEMENT OF REASONS - ABSENCE MAY NOT BE INVOKED BY THE COMMISSION

( EEC TREATY, ARTICLE 190 )

Summary

1 . THE COMMUNITY ENJOYS THE CAPACITY TO ESTABLISH CONTRACTUAL LINKS WITH THIRD COUNTRIES OVER THE WHOLE FIELD OF OBJECTIVES DEFINED BY THE TREATY . THIS AUTHORITY ARISES NOT ONLY FROM AN EXPRESS CONFERMENT BY THE TREATY, BUT MAY EQUALLY FLOW FROM OTHER PROVISIONS OF THE TREATY AND FROM MEASURES ADOPTED, WITHIN THE FRAMEWORK OF THOSE PROVISIONS, BY THE COMMUNITY INSTITUTIONS .

IN PARTICULAR, EACH TIME THE COMMUNITY, WITH A VIEW TO IMPLEMENTING A COMMON POLICY ENVISAGED BY THE TREATY, ADOPTS PROVISIONS LAYING DOWN COMMON RULES, WHATEVER FORM THEY MAY TAKE, THE MEMBER STATES NO LONGER HAVE THE RIGHT, ACTING INDIVIDUALLY OR EVEN COLLECTIVELY, TO UNDERTAKE OBLIGATIONS WITH THIRD COUNTRIES WHICH AFFECT THOSE RULES OR ALTER THEIR SCOPE .

WITH REGARD TO THE IMPLEMENTATION OF THE PROVISIONS OF THE TREATY, THE SYSTEM OF INTERNAL COMMUNITY MEASURES MAY NOT BE SEPARATED FROM THAT OF EXTERNAL RELATIONS .

2 . THE POWERS OF THE COMMUNITY IN THE SPHERE OF TRANSPORT EXTEND TO RELATIONSHIPS ARISING FROM INTERNATIONAL LAW, AND INVOLVE THE NEED FOR AGREEMENTS WITH THE THIRD COUNTRIES CONCERNED . THIS AUTHORITY WAS VESTED IN THE COMMUNITY BY REGULATION NO 543/69 OF THE COUNCIL ON THE HARMONIZATION OF CERTAIN SOCIAL LEGISLATION RELATING TO ROAD TRANSPORT .

3 . IN ACCORDANCE WITH THE OBJECTIVE LAID DOWN BY ARTICLE 164, AN ACTION FOR ANNULMENT MUST BE AVAILABLE IN THE CASE OF ALL MEASURES ADOPTED BY THE INSTITUTIONS, WHATEVER THEIR NATURE OR FORM, WHICH ARE INTENDED TO HAVE LEGAL EFFECTS .

4 . IN THE EVENT OF ANNULMENT, PROCEEDINGS OF THE COUNCIL WOULD HAVE TO BE DEEMED NON-EXISTENT AND THE DISPUTED QUESTIONS RECONSIDERED IN ORDER THAT A SOLUTION MIGHT BE REACHED IN ACCORDANCE WITH COMMUNITY LAW .

IT IS THEREFORE INCONTESTABLE THAT THE COMMISSION HAS AN INTEREST IN PURSUING ITS ACTION AGAINST THE PROCEEDINGS OF THE COUNCIL RELATING TO COORDINATION BETWEEN MEMBER STATES .

5 . WITH REGARD TO AGREEMENTS IN THE SPHERE OF TRANSPORT POLICY, THE COMMISSION IS ENTITLED TO MAKE PROPOSALS AND NEGOTIATE, WHILST IT IS FOR THE COUNCIL TO CONCLUDE THE AGREEMENT .

6 . WITH REGARD TO NEGOTIATIONS ENTERED INTO BEFORE AUTHORITY WAS VESTED IN THE COMMUNITY, IT IS FOR THE INSTITUTIONS WHOSE POWERS ARE DIRECTLY CONCERNED, NAMELY THE COUNCIL AND THE COMMISSION, TO CONCUR ON THE APPROPRIATE METHODS OF COOPERATION WITH A VIEW TO ENSURING THE DEFENCE OF THE INTERESTS OF THE COMMUNITY; IN NEGOTIATIONS BETWEEN GOVERNMENTS, MEMBER STATES ARE AT ALL TIMES BOUND TO ACT TOGETHER IN THE INTERESTS AND ON BEHALF OF THE COMMUNITY, IN ACCORDANCE WITH THEIR OBLIGATIONS UNDER ARTICLE 5 .

7 . ALTHOUGH ARTICLE 235 EMPOWERS THE COUNCIL TO TAKE ANY " APPROPRIATE MEASURES " EQUALLY IN THE SPHERE OF EXTERNAL RELATIONS, IT DOES NOT CREATE AN OBLIGATION BUT CONFERS ON THE COUNCIL AN OPTION, FAILURE TO EXERCISE WHICH CANNOT AFFECT THE VALIDITY OF PROCEEDINGS .

8 . THE REQUIREMENT IMPOSED BY ARTICLE 190 TO PROVIDE A STATEMENT OF REASONS IN THE CASE OF REGULATIONS, DIRECTIVES AND DECISIONS MAY NOT BE INVOKED BY THE COMMISSION AGAINST PROCEEDINGS OF THE COUNCIL IN WHICH THE FORMER HAS ITSELF PARTICIPATED .