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The European Commission and the Irish Government must move immediately to substantiate their claims that Ireland would retain a veto over the ratification of the WTO Doha round because the current explanation is simply not plausible.
According to Article 188 of the Lisbon Treaty (Art. 207 TFEU) dealing with the EU's Common Commercial Policy, the Irish Government could only veto a deal from the Doha Round of the WTO negotiations in highly technical and implausible circumstances
These are the facts:
The rule for the negotiation and conclusion of international trade agreements (eg, the WTO Doha round) is a decision by the European Council by Qualified Majority Voting (Article 207.3 and 207.4 :TFEU)
The only 2 exceptions to this rule provided for by the Lisbon Treaty are:
1. Agreements which include provisions for which unanimity would be required for internal rules in the fields of services, the commercial aspects of intellectual property and foreign direct investment. (Article 207.4 TFEU)
However:
Internal rules on services (except social, education and health services) will be dealt with by QMV (Article 59 TFEU) so this field would be excluded
Internal rules for the commercial aspects of intellectual property will de decided by QMV (Article 118 TFEU) so this field would be excluded
Internal rules for foreign direct investment dealing with the international movement of capital will be decided by QMV (Article 64.2 TFEU) so this field would be excluded
2. 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. (Article 207.4)
In these circumstances, how can the Irish Government and the European Commission possibly claim that Ireland would have a veto when none of the criteria for triggering unanimity would be met by a WTO deal? Libertas challenges the European Commission and the Irish Government to clearly set out, with reference to the Treaties, the grounds on which Ireland - or any other member state – could invoke a veto on the approval of a WTO deal.
The Lisbon Treaty clearly drastically reduces the number of exceptions or grounds on which a member state can veto an international trade agreement like the WTO Doha round so that any "technical veto" which might have obtained regarding such deals becomes impossible to invoke in the current circumstances.
The Irish Farmers' Association is clearly being led down the garden path on this issue and it needs to immediately demand clarification from the European Commission and the Irish Government before it is too late.
Reference:
TFEU – as amended by the Lisbon Treaty.
TITLE I
GENERAL PROVISIONS ON THE UNION'S EXTERNAL
ACTION
Article 205
The Union's action on the international scene, pursuant to this Part, shall be guided by the principles, pursue the objectives and be conducted in accordance with the general provisions laid down in Chapter 1 of Title V of the Treaty on European Union.
TITLE II
COMMON COMMERCIAL POLICY
Article 206
By establishing a customs union in accordance with Articles 28 to 32, the Union shall contribute, in the common interest, to the harmonious development of world trade, the progressive abolition of restrictions on international trade and on foreign direct investment, and the lowering of customs and other barriers.
Article 207
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. The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall adopt 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 218 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 Title V of Part Three and to Article 218.
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 Treaties exclude such harmonisation.
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The Lisbon Treaty 
