TNAG-1297-FCO40-1652-Visit-by-Sir-Geoffrey-Howe--Secretary-of-State-for-Foreign-a-1984 — Page 223

TREATY RELATIONS OUTSIDE THE COMMUNITIES

38. The preceding paragraphs of this paper have been concerned with the legal impact of the European Treaties on United Kingdom national law. Joining the Communities would, however, have important consequences for our international legal position.

39. By becoming a party to the Treaties we should be restricted in future international dealings by the need not to violate any of the obliga- tions imposed upon us by those Treaties. In addition membership of the EEC would in certain respects affect our treaty-making powers and freedom of negotiation in more direct ways, and would also have conse- quences for our existing treaty commitments.

40. As regards commercial policy, Articles 110 to 116 of the EEC Treaty, read with Article 228, contain provisions that limit considerably the freedom of Members to negotiate agreements. They envisage that during the transitional period (the terminal date of which cannot under Article 8 of the EEC Treaty be later than the end of 1972) the Commis- sion will conduct all tariff negotiations on behalf of the Member States with third countries about the common customs tariff, subject to super- vision by the Council acting during the first two stages of the transitonal period by unanimity and subsequently by qualified majority vote. After expiry of the transitional period, the Commission will inter alia negotiate tariff or trade agreements with third countries subject to supervision by the Council acting by qualified majority vote. Any such agreements are to be concluded by the Council on behalf of Member States of the Community acting eventually by qualified majority vote.

41. Furthermore, within the framework of any international organisation of an economic character (e.g., OECD, World Bank, IMF) Member States, as from the end of the transitional period, may only proceed, in matters of particular interest to the Common Market, by way of common action, the scope and implementation of which are to be determined by the Council acting by means of a qualified majority. During the transitional period the obligation is only to consult together with a view to concerting action and adopting as far as possible a uniform attitude (Article 116).

42. Entry into the Common Market would also affect the exercise of our rights and obligations under existing Treaties. Article 234 of the EEC Treaty provides that the provisions of that Treaty shall not affect rights and obligations arising from prior agreements between a Member State and a non-Member State, but if such prior agreement is incompatible with the Treaty the Member State is obliged to take all appropriate steps to eliminate any proven incompatibilities. Furthermore Article 224 states that Member States shall consult one another with a view to taking in common the necessary steps to avoid the operation of the Common Market being affected by measures which a Member State may be called upon to take in case of serious internal disturbances affecting public policy or the maintenance of law and order (ordre public), in case of war or serious international tension constituting a a threat of war, or in order to carry out undertakings into which it has entered for the purpose of maintaining peace and international security.

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