TITLE V - THE UNION'S EXTERNAL ACTION
CHAPTER III - COMMON COMMERCIAL POLICY
ARTICLE III-314
By establishing a customs union in accordance with Article III-151, the Union
shall contribute, in the common interest, to the harmonious development of world
trade, the progressive abolition of restrictions on international trade and
on foreign direct investment, and the lowering of customs and other barriers.
ARTICLE III-315
1. The common commercial policy shall be based on uniform principles, particularly with regard to changes in tariff rates, the conclusion of tariff and trade agreements relating to trade in goods and services, and the commercial aspects of intellectual property, foreign direct investment, the achievement of uniformity in measures of liberalisation, export policy and measures to protect trade such as those to be taken in the event of dumping or subsidies. The common commercial policy shall be conducted in the context of the principles and objectives of the Union's external action.
2. European laws shall establish the measures defining the framework for implementing the common commercial policy.
3. Where agreements with one or more third countries or international organisations
need to be negotiated and concluded, Article III-325 shall apply, subject to
the special provisions of this Article.
The Commission shall make recommendations to the Council, which shall authorise
it to open the necessary negotiations. The Council and the Commission shall
be responsible for ensuring that the agreements negotiated are compatible with
internal Union policies and rules.
The Commission shall conduct these negotiations in consultation with a special
committee appointed by the Council to assist the Commission in this task and
within the framework of such directives as the Council may issue to it. The
Commission shall report regularly to the special committee and to the European
Parliament on the progress of negotiations.
4. For the negotiation and conclusion of the agreements referred to in paragraph
3, the Council shall act by a qualified majority.
For the negotiation and conclusion of agreements in the fields of trade in services
and the commercial aspects of intellectual property, as well as foreign direct
investment, the Council shall act unanimously where such agreements include
provisions for which unanimity is required for the adoption of internal rules.
The Council shall also act unanimously for the negotiation and conclusion of
agreements:
(a) in the field of trade in cultural and audiovisual services, where these
agreements risk prejudicing the Union's cultural and linguistic diversity;
(b) in the field of trade in social, education and health services, where these agreements risk seriously disturbing the national organisation of such services and prejudicing the responsibility of Member States to deliver them.
5. The negotiation and conclusion of international agreements in the field of
transport shall be subject to Section 7 of Chapter III of Title III and to Article
III-325.
6. The exercise of the competences conferred by this Article in the field of the common commercial policy shall not affect the delimitation of competences between the Union and the Member States, and shall not lead to harmonisation of legislative or regulatory provisions of the Member States insofar as the Constitution excludes such harmonisation.