Chapter 4: The Nice Treaty
In November 2000, there were two options presented in the drafts for the new Treaty: (1) the inclusion of trade in services, investment, and intellectual property rights in Article 133(1) EC; and (2) the creation of a Protocol for the extension of Article 133 EC to the negotiation and conclusion of agreements on trade in services and intellectual property rights. In December 2000, option 1 became the basis for the final text in Nice, including an explicit reservation of Member State powers; option 2 (the creation of a Protocol) was rejected. Since the Protocol on WTO participation was also dropped, there is no agreement on a single procedure for all WTO negotiations, whether it is for issues of exclusive EU competence, shared competence or Member States’ competence.
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