While the European Union welcomed the agreement reached at the UN in March to negotiate an international legally-binding instrument on plastic pollution (see EUROPE 12902/26), the European Commission and the Council of the EU differ on the interpretation of the treaties regarding the Commission’s mandate to negotiate on behalf of the EU.
On Friday 14 October, the EU27 ambassadors to the EU (Coreper) gave the go-ahead to open negotiations on behalf of the EU.
The draft EU Council decision, however, limits the mandate given to the Commission to areas of exclusive EU competence. In Coreper, the European Commission has not opposed this, but does not see it that way.
In a statement dated 17 October and annexed to the draft EU Council decision, it contests this restrictive interpretation of its competences and indicates that it reserves all its rights.
It clarifies that a decision authorising the opening of negotiations on behalf of the EU is based solely on the existence of powers conferred on the Union, and not on the basis of a specific competence. “The scope of these negotiations is therefore determined by the extent of the Union’s powers”, it argues.
The Commission stresses that the precise legal basis of the future agreement can only be determined once the content of the agreement is known.
It also considers that the scope of the authorisation should extend to matters falling within all the competences of the Union, as defined by the treaties. It therefore considers it incorrect and contrary to the case law of the EU Court of Justice to limit authorisation to matters for which the Union has exclusive competence.
Since foreseeable developments in Union law fall within the exclusive competence of the Union, it assures that, as guardian of the treaties, it will ensure that there is no violation of the treaties and that it will negotiate in full compliance with the provisions and principles mentioned.
The formal EU Council decision authorising the opening of negotiations and the Commission statement are expected to be formally adopted without debate at the Environment Council on 24 October in Luxembourg (see other news in this bulletin).
For the Commission’s statement: https://aeur.eu/f/3o1 (Original version in French by Aminata Niang)