RANIJI MEĐUNARODNI SPORAZUMI IZMEĐU DRŽAVA ČLANICA I TREĆIH DRŽAVA U PRAVNOM PORETKU EVROPSKIH ZAJEDNICA
FORMER INTERNATIONAL AGREEMENTS BETWEEN EC MEMBER STATES AND THIRD STATES IN EC LEGAL ORDER

Summary/Abstract: In this paper the author has dealt with issues relating to legal effect of international agreements between member states of European Communities and third states which had been concluded before the Community Treaties entered into force. By creating the European Communities member states committed themselves to certain common rules in whole number of fields. Some of those rules might be inconsistent with international obligations which member states assumed by earlier international agreements. In order to prevent possible problems in the application of such agreements Treaty establishing the European Community provides for that the rights and obligations arising from agreements concluded before the entry into force of that Treaty between member states and third countries shall not be affected by the provisions of that Treaty. The purpose of this Treaty provision is to enable the member states to fulfill their contractual obligations towards the third states. The institutions of the Community must permit the member states to perform their prior obligations under the earlier agreement. The member states are however, required to take all appropriate steps to eliminate the incompatibilities between earlier international agreements and Treaty obligations. Earlier international agreements which member states had concluded with third countries, in principle, does not bind the European Communities. However, the European Communities may, under certain conditions assume the rights and the obligations previously exercised by the member states under the earlier international agreements with third countries. In that case international agreement becomes binding on the institutions of the Community and on member states.

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