General Agreement Of Opinion
100 Next, as regards, more specifically, the amendments and withdrawals of commitments listed in document S/SECRET/8 and in Part A of Annex I to the agreements at issue, it follows from Article XXI(2)(a) of the GATS that, if they wish to reach agreement on compensatory adjustments, the various members concerned must endeavour to maintain a general level of mutually beneficial commitments, which is no less pro-trade than in schedules of specific commitments prior to such negotiations. The negotiated “compensatory adjustments” therefore depend directly on the proposed withdrawals and modifications and must contribute, as a counterpart, to restoring a balance that may have been disturbed by these withdrawals and modifications. 27 On 13 July 2007, the Council consulted the Parliament on the abovementioned Commission proposal. On that occasion, the Council informed the Parliament that it intended to base the decision on the conclusion of the agreements at issue on both Article 133(1) to (5) EC, in conjunction with Article 300(2) EC, Article 71 EC 80(2) EC and Article 133(6) EC, in conjunction with Article 300(3) EC. 5. The fact that it is provided in the third subparagraph of Article 133(5) EC that a Community act with a view to the conclusion of a horizontal agreement on trade in services requires the unanimity of the Council, in so far as such an agreement also concerns the second subparagraph of Article 133(6), cannot support the conclusion that the Community`s competence to conclude such an agreement is contrary to that of sectoral agreements, which specifically concern the sensitive areas referred to in the second subparagraph, are of an exclusive nature. 173 After all that, in the context of the answer to the second question referred in the context of the request for an Opinion, it must be concluded that the `transport` aspect of the agreements at issue falls within the scope of transport policy within the meaning of the third subparagraph of Article 133(6) EC and not within the common commercial policy. 3. (a) In the absence of an agreement between the changing Member and an interested Member before the expiry of the time limit for negotiations, the Member concerned may suspend the matter from arbitration proceedings. Any member concerned who wishes to obtain a right to compensation must participate in the arbitration. By the second subparagraph of Article 133(6), EC provides for joint action by the Community and its Member States by reason of their shared competence, may pursue the Community`s interest in the establishment of a comprehensive, coherent and effective external commercial policy, while taking into account the particular interests which the Member States wish to defend in the sensitive areas mentioned in that provision. The need for unity within the international representation of the Community also requires close cooperation between the Member States and the Community institutions in the negotiation and conclusion of such agreements.
167 First, trade in transport services, like trade in other types of services covered by the GATS or the agreements at issue, falls within the specific purpose of the GATS and those agreements, which, moreover, have a direct and direct impact on trade in each of the types of services thus concerned, without it being possible to distinguish those types of services. .