2.4.1 Effects in the European Union

The European Union has legal personality (Art. 47 EUV) and thus also international legal capacity. The Union can also enter into contractual relations with other States or international organizations under Art. 216 I TFEU or Art. TEU. On this basis, the EU has ratified more than 40 international environmental agreements by the year 2015. These international treaties are an integral part of the legal order of the EU and apply to the institutions of the EU and for its Member States as general principles of law of the EU.

Moreover, the Lisbon Treaty has not only created a new institutional framework for the foreign policy of the EU, but therefore also for its international environmental policy. In futures the environmental competences of the Union will be decisive, according to Art. 191 ff. TFEU in conjunction with Art. 3 II and Art. 216 ff. Therefore, the EU is entitled (Art. 3 II and 2 I TFEU) for external representation of the Union if an international agreement is necessary to enable it to exercise its internal competence, or insofar as its conclusion may affect common rules or alter their scope. This gives the EU a far-reaching exclusive legislative competence in international environmental policy for the EU Member States. On the basis of Art. 216 I in conjunction with Art. 218 II TFEU, the Council can decide in the framework of its political discretion. whether the EU starts international negotiations. When the Council opens negotiations, he authorizes the opening of negotiations, then sets the guidelines for negotiations, authorizes the signing and ultimately closes the Convention (Art. 218, II, IV, V and VI TFEU).