The Swedish Government submits that, as the Community’s external competence with respect to the protection of the environment is not exclusive, that competence becomes exclusive only if and to the extent to which the Community adopts at the internal level common rules which may be affected by obligations undertaken by Member States at the international level. The Swedish Government cites in this regard the judgment in Case 22/70 Commission v Council [1971] ECR 263, paragraph 17 (‘the AETR judgment’).