The scope of CCP

The agreement is still pending formal approval
and ratification. It covers trade on goods,
services, intellectual property rights and
investment. The European Commission has
asked the Court to clarify on the question
which areas fall under EU-exclusive, shared or
member states’ competences which has
implications for the conclusion of the accord
(‘EU only’ or jointly with member states).

The opinion could set a precedent with respect
to the question to what extent FTA agreements
can be concluded by the EU (and the EP’s
consent) or mixed. Thereby it would also speak
to the question of member states’ role and
reach in the Union’s external relations, the
relation between the EU’s legal system and
external competences after Lisbon reforms and
the possibility of accommodating new trade
agreements with evolving EU secondary
legislation. The Court’s judgement is expected
for spring.