Do 3rd Countries Influence EU Decision-Making?

Over 20 plus years, I been re-assured that the 3^rdcountries sway EU policy and law-making.

My problem, I just don’t know when it really worked.

If you know when it has, please let me know.

I worked as a desk officer on a file where many people are adamant that the intervention of the USTR swayed the proposal. My only issue is that everything I came across in the filing cabinet showed their forceful interventions had no real influence. It seemed that the Administration’s intervention increased support for the proposal. The intervention of Vice-President Gore stopped the challenge going anywhere.

I remember during the parliamentary passage of GMO legislation back in 1997 when super clumsy lobbying from 3^rdcountries increased political support for tough GMO legislation.

Indeed, I learned that one of the best ways to get both the environment committee and the full Parliament to support a weak case was to raise the specter of a WTO challenge. All of a sudden, the most unlikely bedfellows would join the cause.

WTO TBT

The EU provides third countries with chances to intervene. Legislation which could potentially contain technical barriers to trade is submitted at draft stage to the other WTO Members

Below, I have listed a few cases of secondary legislation and ordinary legislation going through the TBT notification process.

You can search for examples here.

Secondary – Procedure RPS

Case 1: 14^thupdate to the CLP (link)

Commission Draft Regulation: 12 December 2018

WTO Date of notification 12 December 2018

Deadline for comments: 10 February 2019

Deadline for comments: 60 days from notification

Secondary – Procedure Implementing Act

Case 2: Draft Commission Implementing Regulation on technical standards for the establishment and operation of a tracing and traceability system for tobacco products

Proposal: 4 September 2017

WTO Date of Notification: 12 September 2017

Deadline for comments:11 November 2017

Deadline for comments: 60 days from notification

Secondary – Procedure Delegated Act

Case 3: Draft Endocrine Disrupters (Biocidal Products) : 15 June 2016

WTO Date of Notification: 23 June 2016

Deadline for comments: 31 August 2016

Deadline for comments: 60 days from notification

Ordinary Legislation

Case 4: Single-Use Plastics proposal 28 May 2018

Political Agreement 18 January 2019

WTO Date of Notification: 11 February 2019

Deadline for comments: 13 April 2019

Deadline for comments: 60 days from notification

Case 5: Proposal for a Directive of the European Parliament and of the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS) (Recast) 31 December 2008