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1. The common commercial policy shall be based on uniform principles, particularly with regard to
changes in tariff rates, the conclusion of tariff and trade agreements relating to trade in goods and
services, and the commercial aspects of intellectual property, foreign direct investment, the
achievement of uniformity in measures of liberalisation, export policy and measures to protect trade
such as those to be taken in the event of dumping or subsidies. The common commercial policy shall
be conducted in the context of the principles and objectives of the Union's external action.
2. European laws shall establish the measures defining the framework for implementing the
common commercial policy.
3. Where agreements with one or more third countries or international organisations need to be
negotiated and concluded, Article III-325 shall apply, subject to the special provisions of this Article.
The Commission shall make recommendations to the Council, which shall authorise it to open the
necessary negotiations. The Council and the Commission shall be responsible for ensuring that the
agreements negotiated are compatible with internal Union policies and rules.
The Commission shall conduct these negotiations in consultation with a special committee
appointed by the Council to assist the Commission in this task and within the framework of such
directives as the Council may issue to it. The Commission shall report regularly to the special
committee and to the European Parliament on the progress of negotiations.
4. For the negotiation and conclusion of the agreements referred to in paragraph 3, the Council
shall act by a qualified majority.
For the negotiation and conclusion of agreements in the fields of trade in services and the
commercial aspects of intellectual property, as well as foreign direct investment, the Council shall act
unanimously where such agreements include provisions for which unanimity is required for the
adoption of internal rules.
The Council shall also act unanimously for the negotiation and conclusion of agreements:
(a) in the field of trade in cultural and audiovisual services, where these agreements risk prejudicing
the Union's cultural and linguistic diversity;
(b) in the field of trade in social, education and health services, where these agreements risk seriously
disturbing the national organisation of such services and prejudicing the responsibility of
Member States to deliver them.
5. The negotiation and conclusion of international agreements in the field of transport shall be
subject to Section 7 of Chapter III of Title III and to Article III-325.
6. The exercise of the competences conferred by this Article in the field of the common
commercial policy shall not affect the delimitation of competences between the Union and the
Member States, and shall not lead to harmonisation of legislative or regulatory provisions of the
Member States insofar as the Constitution excludes such harmonisation.
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