When it comes to international agreements between the European Union (EU) and non-EU countries, there are two main types: EU-only agreements and mixed agreements.

EU-only agreements are those that only apply to the EU as a whole. These agreements are negotiated and signed by the European Commission on behalf of the EU member states. Once approved by the European Parliament, they become binding on all EU member states and form part of EU law. Examples of EU-only agreements include the EU-Ukraine Association Agreement and the EU-Korea Free Trade Agreement.

On the other hand, mixed agreements are those that include both the EU and individual EU member states as parties. These agreements are negotiated and signed by the European Commission and the member states concerned, with each party agreeing to specific provisions based on their individual competences. Once ratified by all parties, the agreement applies to both the EU as a whole and the individual member states that are party to the agreement. Examples of mixed agreements include the Paris Agreement on Climate Change and the Comprehensive Economic and Trade Agreement (CETA) between the EU and Canada.

So, why does it matter whether an agreement is EU-only or mixed?

For one, mixed agreements require ratification by both the EU and individual member states, which can lead to delays and complications. In some cases, constitutional requirements or political disagreements within individual member states can hold up ratification or even prevent it altogether.

In addition, mixed agreements can result in a patchwork of laws and regulations across the EU, as different member states may interpret and implement certain provisions differently. This can create confusion and hinder the functioning of the single market.

However, mixed agreements also provide individual member states with greater control over certain policy areas, such as foreign and security policy, where they may wish to retain a degree of autonomy. Moreover, these agreements can be used as a tool for the EU to strengthen its ties with individual member states and leverage their influence in negotiations with non-EU countries.

In conclusion, the choice between EU-only and mixed agreements depends on the specific policy area and the interests of the EU and its member states. While EU-only agreements provide greater legal certainty and coherence, mixed agreements offer greater flexibility and individual member state control. Ultimately, the decision should be based on a careful consideration of the benefits and drawbacks of each approach, with an eye towards promoting the common interests of the EU and its member states.