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The questions as recorded in the WIPO Report
Question (a)
(2)
"The proposals of the Delegation of Greece contained no objective basis
on which other contracting parties could ascertain whether it was the
European Communities or its Member States which had competence in
relation to a particular provision of the treaty. It was suggested that
this would render more difficult the dealings of contracting partles with
each other under the treaty".
Question (b)
"While the division of competence might be an internal matter to the
European Communities, Its counterpart, namely, the responsibility or
liability of a contracting party, was of concern to other contracting
parties. How were other contracting parties to determine, when
necessary, whether it would be the European Communities or a Member State
which would assume responsibility for any given matter such as, for
example, the resolution of the dispute."
Answer
The Community does not agree with the opinion expressed In question (a).
As has been said from the outset, the European Economic Community (EEC)
and the Member States should both become party to the treaty because of
the internal obligations undertaken by the Member States of the EEC under
the Treaty establishing the European Economic Community (Treaty of Rome).
These obligations entall the conferring of power upon the EEC by its
Member States in numerous fields and notably fields where the Community
has adopted common rules. The powers of the EEC are not static but in
evolution.
(2) Report adopted by the Committee of Experts, document IPIC/CE/IV/15 of
22 November 1988, paragraphs 188-198, pages 31-34.
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