The request for an Opinion
41The Commission’s request for an Opinion is worded as follows:
‘1.Does the conclusion of the agreements with the affected WTO members, pursuant to Article XXI of the GATS, as described in this request for an Opinion, fall within the sphere of exclusive competence of the Community or within the sphere of shared competence of the Community and the Member States?
2.Do Article 133(1) and (5) [EC], in conjunction with Article 300(2) [EC], constitute the appropriate legal basis for the act concluding, on behalf of the European Community, or of the Community and its Member States, the aforementioned agreements?’