[ARTICLE 2B]

SINGLE MARKET:

COMMUNITY COMMON POLICIES WILL TAKE PRECEDENCE=

[ARTICLE 2B]

AMENDMENT TO: Treaty of Lisbon amending the Treaty on European Union and t= he Treaty establishing the European Community (Lisbon, 13 December 2007)<= /span>

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Policy Area:

Treaty= on the Functioning of the European Union, Part I, Principles, Common Provision= s, Title I Categories and areas of Union Competence, Article 2B

Amendment:

Clause= 2, page 1, line 12, after ‘excluding’ insert –

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‘= ;(i) Article 2, paragraph 12, new Title and new Article= s 2A to 2E TEC (TFEU) relating to categories and areas of European Union compete= nce; and

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(ii)’.

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<= st1:City w:st=3D"on">Lisb= on Treaty:

“ARTICLE 2 B

1. The Union shall ha= ve exclusive competence in the following areas:

(a) customs union;=

(b) the establishing of the competition rules necessary for the functioning of the internal<= /span>

market;

(d) the conservation of marine biological resources under the common fisheries policy;

(e) common commercial policy.=

2. The Union shall also have exclusive competence for the conclusion of an international agreement when its conclusion is provided fo= r in a legislative act of the Union or is necessary to enable the Union to exercise its internal competence, or insofar as its conclusion may affect common rules or alter their scope.”

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Consolidated Treaty Article(s):

n/a

Explanation:

This Artic= le concerns the enhanced approach in which the Union= will grab and maintain new areas of exclusive competence. In particular, it mean= s that the Union will di= ctate competition rules, misleadingly justified under the functioning of the internal market, as an exclusive competence of the Union. The current Article 5 TEU stresses that “… In areas which do not fall within its exclusive competence, the Community shall take action, in accordance with the principle of subsidiarity, = only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States and can therefore, by reason of = the scale or effects of the proposed action, be better achieved by the Community.” However, it has not been determined in which areas the Community has exclusive competence and this has led to legal disputes. The = ECJ has been recognizing the exclusive power of the Community within certain ar= eas it has not had competencies in – now it has those competencies. This = new Article is a reflection of ECJ practices and existing case law.

The European Community Common Policy approach will take greater precedence than British obligations to third countries and commonwealth countries to the extent that Britain will, in the words of the European Court of Justice, “no longer have the rightR= 21; to maintain its existing relations. Control over the customs union, the establishing of the competition rules necessary for the functioning of the = internal market, monetary policy, common commercial policy and the conservation of marine biological resources under the common fisheries policy are locked in= to the Union. The last one will allow the Union to further regulate cat= ches or ban fishing in several areas. Hence, to conserve stocks fishing quotas w= ill be further reduced. Moreover, the Lisbon Treaty introdu= ces the Union exclusive competence for concluding an international agreement “when its conclusion is provided for in a legislative act of the Union or is necessar= y to enable the Union to exercise its internal competence, or insofar as its conclusion may affect common rules or alter t= heir scope.”

In fact, in the earlier European Court of Justice case [Case 22-70, Commission= v Council] concerning a European Agreement on Road Transport (which is better known as the ERTA case), the ECJ delineated the concept of exclusive competence. It has stressed that “… each time the Community, wi= th a view to implementing a common policy envisaged by the Treaty, adopts provis= ions laying down common rules, whatever form they make, the Member States no lon= ger have the right, acting individually or even collectively, to undertake obligations with third countries which affect those rules or alter their scope.” This stated provision within the Treaty, the single legal personality and the Common Foreign and Security Policy provisions will remo= ve from the Member States most of their current Treaty-making powers in those areas.