Note fra Kommissionen vedr. artikel 133 (eng)
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Til underretning for Folketingets Europaudvalg vedlægges i forbindelse med regeringskonferencen en note fra Kommissionen vedr. artikel 133.
Dansk version fremsendes, så snart den måtte foreligge.
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EUROPEAN COMMISSION
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Brussels, 1 December 2000
Meeting paper
Proposal for amendments
ARTICLE 133
1. The common commercial policy shall be based on uniform principles, particularly in regard to changes in tariff rates, the conclusion of tariff and trade agreements, the achievement of uniformity in measures of liberalisation, export policy and rights to protect trade such as those to be taken in the event of dumping or subsidies.
2. The Commission shall submit proposals to the Council for implementing the common commercial policy.
3. Where agreements with one or more States or international organisations need to be negotiated, the Commission shall make recommendations to the Council, which shall authorise the Commission to open the necessary negotiations. The Council and the Commission shall be responsible for ensuring that the agreements negotiated are compatible with internal Community 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 regularly report to the special committee on the progress of the negotiations. The Commission shall regularly inform the European Parliament of the conduct of such negotiations.
The relevant provisions of Article 300 shall apply.
4. In exercising the powers conferred upon it by this Article, the Council shall act by a qualified majority. The procedure referred to in Article 251 shall apply to the adoption of instruments of general scope defining the principal components of the common commercial policy to be implemented.
5. The provisions of paragraphs 1 to 4 shall also apply to the negotiation and conclusion of agreements relating to trade in services, direct investment and intellectual property rights, insofar as they are not covered by those paragraphs.
Where the negotiations referred to in the previous indent concern specific commitments that, in the view of Member State, are likely to affect in a serious and lasting manner a sector of economic activity or the basic societal values of one or more Member States, the Commission, before continuing negotiations on these commitments, shall endeavour to obtain the unanimous opinion of the special committee referred to in paragraph 3.
In the absence of a unanimous opinion, any Member State may refer the issue to the Council. When the issue is so referred to the Council, the Commission shall not continue the negotiations on these specific commitments unless the Council, acting unanimously, authorises it.
By way of derogation from paragraph 4, the Council shall act unanimously when the agreement covers a field referred to in this paragraph in which unanimity is required for the adoption of internal rules.
The provisions of this paragraph do not affect the rights of the Member States to maintain and conclude agreements with third countries or international organisations, to the extent that these agreements do not hinder implementation of the common commercial policy.
6. An agreement may not be concluded by the Council if it includes provisions which would go beyond the Community's powers, in particular if it leads to harmonisation of the laws or regulations of the Member States in an area for which the Treaty rules out such harmonisation.