International agreement
International agreements are legally binding agreements between the European Union and third countries or international intergouvernmental organisations.
Area of application
Member states are party to each international agreement the European Union enters into with third countries. Member states are thus obligated to adhere to the provisions of international agreements.
The European Union is legally entitled to enter into international agreements on all the policy areas it has competence, insofar as it necessary to achieve results set out in EU policies. In selected policy areas the EU boasts a specific type of international agreement:
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-association agreements1: aimed at fostering close relations on a wide variety of policy areas, foremost of which is economic cooperation
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-partnership and cooperation2 agreements: aimed at establishing long term relationships predominantly geared towards economic cooperation and the development of democratic institutions
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-trade agreements3: may cover every aspect related to trade. These agreements are decided upon by a special decision-making procedure
Adopting international agreements
The EU has a special agreement procedure4 with which to adopt international agreements.
To ensure the objectives laid down in an agreement are met as well as to facilitate cooperation a council with representatives from both the EU and the third party is set up. Such council might be supported by comittees and council working groups.
Exceptions: international agreements in the common foreign and security policy
The EU may enter into international agreements on issues related to the common foreign and security policy. In such cases, the Council of Ministers decides by unanimity5 instead of the usual qualified majority vote6.
Internationaal agreements are based on the Treaty on European Union (TEU) and the Treaty on the functioning of the European Union (TfEU).
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-instrument (general): part five TfEU title V
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-specific policy areas: TEU title V chapter 2 section 1 art. 37 (common foreign and security), part five TfEU title III chapter 1 art. 209 (development cooperation), part five TfEU title III chapter 3 art. 214 (humanitarian aid)
- 1.An association agreement is a legally binding agreement between the EU and third countries. It is one of three special types of international agreements. It is aimed to foster close relationships between the EU and countries on a wide range of topics.
- 2.A partnership and cooperation agreements (PCA) is a legally binding agreement between the EU and third countries. It is one of three special types of international agreements. By means of a partnership and cooperation agreement the EU works to support the democratic and economic development of a country. A PCA is typically entered into for ten years, after which they are automatically extended each year provided no objections are raised.
- 3.A trade agreement is a legally binding agreement between the EU and third countries. It is one of three special types of international agreements. The objective of these agreements is to foster and facilitate trade relations between the EU and a country.
- 4.The consent procedure is one of the special legislative procedures used in the European Union. The consent procedure is used for adopting most international agreements. The word consent refers to the role the European Parliament (EP) and the Council of Ministers (Council) play in the procedure. Both can either approve or disapprove a proposal, but neither can amend it.
- 5.For a proposal to be adopted no single member state can vote against the proposal. This voting method also requires that all member states cast their vote. Should a member state be absent, no vote may be called. Member states are allowed to abstain without blocking decision making. Should half the member states abstain the vote is considered invalid.
- 6.The Council adopts a proposal when the following conditions are met:
- 7.The European Union has a number of legal instruments to its disposal. These are used to make or coordinate policies, to take measures and initiate programme's, to facilitate the implementation of policies and to issue advice to member states. Legal instruments are divided into two categories, binding and non-binding instruments. Legal instruments specifically in place for implementing EU acts are binding, but have been put in a final, third section.