The opinion of the Court of Justice of the European Union (CJEU) was sought by the European Commission in relation to the competence of the European Union to sign and conclude alone, the EU-Singapore Free Trade Agreement (EUSFTA). The CJEU’s Opinion which issued on the 16th of May 2017, found that the EUSFTA could not be signed and concluded by the EU alone, as it contained areas of EU and Member State shared competence, i.e. that it was a ‘Mixed Agreement’.
The Opinion means that those aspects of a trade agreement in respect of which the EU does not have exclusive competence, cannot be applied until ratified by Member States according to the requirements of their national law. This means that as presently concluded the EUSFTA will require ratification by each individual Member State in accordance with their legislative requirements.
The European Commission is engaging in discussions with Member States in relation to how it proposes to progress the EUSFTA and its future approach to EU trade agreements. This engagement includes whether existing agreements which have yet to be ratified, or current agreements, which are under negotiation, should be concluded as ‘Mixed’ or ‘EU-only’ agreements. My Department is actively engaged in these discussions through the Trade Policy Committee in Brussels.