Common use of The EU Clause in Contracts

The EU. The distribution of competences across the EU and its Member States was, as we alluded to supra, uncertain at the moment the Uruguay Round was launched. It was clarified at the end of the round, when the EU jointly requested an opinion from the European Court of Justice (ECJ) on this matter. Although sitting in the driver’s seat, and act- ing as if it was fully competent, throughout the round the EU agent, the Commission, was on a tight leash: its negotiating positions were not only ex ante decided but also ex post scrutinized by the EU Member States. De facto, however, this does not seem to have been a major impediment.92 Moreover, a positive external effect stemmed from the intra-EU distribution of competences: the common agent, the Commission, had to report back to 12 Member States with divergent interests. The EU kept very compre- hensive and detailed records of each and every discussion, participated in practically all meetings, and emerged as a key player in the negotiations.