The different types of EU competences and their impact on trade agreements agreements that cover areas of common competence with EU Member States must also be mandated by representatives of Member State governments. These include most foreign policy agreements and comprehensive trade agreements. For all other types of agreements, the European Parliament is obliged to be consulted. However, the provisional application of the joint agreements negotiated by the EU comes before the end of ratification procedures at Member State level. This is useful because the whole justification for the provisional application is to allow its application while it awaits the completion of the ratification procedure. However, the provisional application under Article 218, paragraph 5 of the EUF can only be granted for provisions relating to the EU`s competence and can only cover the competences of Member States if all Member States have approved it separately. Decisions on the provisional application of a joint agreement as a whole generally contain a statement stating that Member States have agreed on their competences. In accordance with Article 207, paragraph 3, of the EUTF, the Commission is responsible for the conduct of the negotiations and reports to the Council`s trade policy committee. The negotiating team is led by a chief negotiator and includes experts who cover all negotiating topics. While the Commission`s Directorate-General for Trade is at the head of the Commission, experts may come from other directorates-general within the Commission.
Negotiations are ongoing, but discussions and contacts between leading negotiators and experts continue outside of these discussions. In its guide to trade negotiation procedures, the Commission considers that the average duration of negotiations is two to three years. The negotiations are being conducted on the basis of several specific negotiating directives adopted by the Council on the basis of Articles 207 and 218 of the TFUE. It frames the position that the EU must adopt during the negotiations. While the European Parliament does not play a formal role in opening and conducting trade negotiations, the TFUE imposes an obligation to inform: the European Parliament must be immediately and fully informed at all stages of the proceedings. Furthermore, the fact that the European Parliament must give its approval at the end of the negotiations has made it necessary to discuss some of the EU`s positions in negotiations with the European Parliament first, so that the Commission can verify the existence of political support. The Commission therefore regularly reports to both the European Parliament and the TPC. Although it is not legally obliged to do so, Parliament will often express its political position through a resolution. In the past, the European Parliament has adopted resolutions on the opening of negotiations, before or after the granting of the negotiating mandate These resolutions give a first impression of Parliament`s political position on the negotiations and have set out the main concerns that Parliament associates with the Commission or excludes from the scope of the negotiations (.
B, for example, the resolution adopted in 2013 on the TTIP). During the negotiations, European Parliament resolutions can be adopted so that Parliament can make recommendations to the Commission on the future development of the negotiations (. B, for example, the resolution adopted in 2015 on the TTIP). The Commission is not legally obliged to follow the EP`s recommendations, but since the approval of the European Parliament is necessary for the adoption of the agreement, it takes this into account when drawing up the EU`s positions and discussing them with the Council or the other party.