The European Community and Mixed Agreements

Abstract

This paper will first explain what is meant by a mixed agreement and then examine the various types of mixed agreements 1 that exist in the field of the External Relations of the European Community. In order to find a definition of mixed agreements, we turn to what Dominic McGoldrick has said in this respect 2 and see that the European Community appears to be a unique creation from the perspective of international law. 3 We shall then look into the effects of the EC’s international agreements vis-a-vis third parties, with attention paid to the fact that problems raised by mixed agreements do not exist within the context of exclusive European Community competence. (Some of these problems have to do with the functioning of the European Community.) We shall see how the Member States have delegated their authority to negotiate international trade agreements to the supranational level. 4 It will become clear that within European Community treaty-making, there is a tendency to sign mixed agreements rather than agreements of European Community exclusive competence in areas dealing with the External Relations of the EU. This shows their importance for the European Community and for its position in the world. 5 Although the EC increasingly wants to