Opinion procedure 2/15

Arguments

133.The Commission submits that Chapter One falls entirely within the common commercial policy. According to the Commission, the overall objectives set out in Articles 1.1 and 1.2 of the EUSFTA fall, to a large extent, within the scope of the objectives of the common commercial policy laid down in Article 206 TFEU. The objectives of the EUSFTA are only marginally broader than those of the common commercial policy. Where that is the case, those objectives nonetheless fall within the scope of the TFEU’s objectives (in particular Articles 63(1), 91 and 100 TFEU).

134.The other parties have made no specific arguments in relation to Chapter One.

Analysis

135.In my opinion, the European Union enjoys exclusive competence, on the basis of Article 207(1) TFEU, for deciding to establish a free trade area consistent with Article XXIV of the GATT 1994 and with Article V of the GATS(97) and for agreeing that the objectives of the EUSFTA are to liberalise and facilitate trade and investment. Such matters clearly fall within the common commercial policy.

136.Furthermore, the provisions listing generally applicable definitions are purely accessory. Those provisions are not such as to alter the allocation of competences between the European Union and the Member States as regards the other provisions of the EUSFTA.

137.I therefore conclude that Chapter One falls entirely within the European Union’s exclusive competence under Article 207 TFEU.