The following legal acts are hereby adopted:
the Mediation Mechanism contained in Annex 1 to this Decision;
the Rules of Procedure contained in Annex 2 to this Decision; and
the Code of Conduct contained in Annex 3 to this Decision.
This Decision has been drawn up in duplicate in English language. Each Party may translate the text of this Decision into the languages required for its internal procedures or the information of the public.
This Decision shall enter into force on the date of its adoption.
The objective of this Mediation Mechanism established in accordance with Article 319 of the Comprehensive and Enhanced Partnership Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Armenia, of the other part (hereinafter referred to as ‘the Agreement’), is to facilitate the finding of a mutually agreed solution between the participating Parties through a comprehensive and expeditious procedure with the assistance of a mediator.
At any time before the initiation of the mediation procedure, a Party may request the other Party in writing to provide any information regarding a measure adversely affecting trade or investment between the Parties. The Party to which such request is made shall make all efforts to provide the requested information in a written response within 20 days of receipt of the request.
Where the responding Party considers it will not be able to deliver a response within 20 days of receipt of the request, it shall promptly notify the requesting Party, stating the reasons for the delay and providing an estimate of the shortest period of time within which it will be able to deliver its response.
A Party may request that the Parties enter into a mediation procedure at any time, by means of a written request addressed to the other Party. The request shall be sufficiently detailed to clearly present the concerns of the requesting Party and shall:
identify the specific measure at issue;
provide a statement of the alleged adverse effects that the requesting Party believes the measure has, or will have, on trade or investment between the Parties; and
explain the causal link between the measure and the adverse effects on trade and investment between the Parties.
The mediation procedure may only be initiated by mutual agreement of the Parties. When a request is made pursuant to paragraph 1, the Party to which the request is addressed shall accord sympathetic consideration to that request and reply by accepting or rejecting it in writing within 10 days of its receipt. The date of receipt by the requesting Party of the requested Party’s reply of acceptance shall be considered as the date of initiation of the mediation procedure.
The Parties shall endeavour to agree on a mediator within 15 days of the date of the initiation of the mediation procedure.
If the Parties are unable to agree on the mediator within period of time set out in paragraph 1, either Party may request the chairperson of the Partnership Committee established by Article 363 of the Agreement(1), or the chairperson’s delegate, to select the mediator by lot from the list of individuals who are not nationals of either Party referred to in paragraph 1 of Article 339 of the Agreement. Representatives of both Parties shall be invited, with sufficient advance notice, to be present when lots are drawn. In any event, the drawing of lots shall be carried out with the Party or Parties that is or are present.
The chairperson of the Partnership Committee, or the chairperson’s delegate, shall select the mediator within five days of the request made pursuant to paragraph 2.
If the list referred to in paragraph 1 of Article 339 of the Agreement is not established at the time a request is made pursuant to Article 3, the mediator shall be drawn by lot from the individuals who have been formally proposed to serve as chairperson of the arbitration panel by one or by both Parties.
A mediator shall not be a national of either Party nor be employed by either Party, unless the Parties agree otherwise.
The mediator shall assist the Parties, in an impartial and transparent manner, in bringing clarity to the measure at issue and its possible effects on trade and investment between the Parties, and in reaching a mutually agreed solution.
The Code of Conduct referred to in Article 335 of the Agreement applies to mediators as well as to their assistants and staff, mutatis mutandis.
Rules 1 to 5 and 47 to 50 of the Rules of Procedure referred to in Article 335 of the Agreement apply to the mediation procedure, mutatis mutandis.
Within 10 days of the appointment of the mediator, the requesting Party shall present a detailed written description of its concerns to the mediator and to the other Party, describing in particular the operation of the measure at issue and its effects on trade and investment between the Parties. Within 20 days of the receipt of that description, the requested Party may submit its written comments on the description. Either Party may include any information that it deems relevant for its description or comments.
The mediator may decide on the most appropriate way of bringing clarity to the measure concerned and its possible effects on trade and investment. In particular, the mediator may organise meetings between the Parties, consult the Parties jointly or individually, seek the assistance of, or consult with, relevant experts and stakeholders and provide any additional support requested by the Parties. The mediator shall consult with the Parties before seeking the assistance of, or consulting with, relevant experts and stakeholders.
The mediator shall not advise or comment on whether the measure at issue is consistent with the Agreement. The mediator may offer advice and propose a solution for the consideration of the Parties. The Parties may accept or reject the proposed solution, or agree on a different solution.
The mediation procedure shall take place in person in the territory of the requested Party, or by mutual agreement in any other location or by any other means.
The Parties shall endeavour to reach a mutually agreed solution within 60 days of the appointment of the mediator. Pending a final agreement, the Parties may consider possible interim solutions, especially if the measure relates to perishable goods.
The mutually agreed solution or interim solution may be adopted by a decision of the Partnership Committee. Each Party may make such solution subject to the completion of any necessary internal procedures. Mutually agreed solutions shall be made publicly available. The version disclosed to the public shall not contain any information that a Party has designated as confidential.
On request of either Party, the mediator shall issue to the Parties a draft factual report providing a brief summary of:
the measure at issue;
the procedures followed; and
any mutually agreed solution reached, including possible interim solutions, if applicable.
The mediator shall allow the Parties 15 days to comment on the draft report. After considering the comments of the Parties received within that period, the mediator shall, within 15 days, deliver a final factual report to the Parties. The draft and the final factual report shall not include any interpretation of the Agreement.
The procedure shall be terminated by:
the adoption of a mutually agreed solution by the Parties, on the date of the adoption thereof;
mutual agreement of the Parties at any stage of the procedure, on the date of that agreement;
a written declaration of the mediator, after consultation with the Parties, that further efforts at mediation would be to no avail, on the date of that declaration; or
a written declaration of a Party after exploring mutually agreed solutions under the mediation procedure and after having considered any advice and proposed solutions by the mediator, on the date of that declaration.
In case the Parties have reached an agreement on a solution, each Party shall take the measures necessary to implement the mutually agreed solution within the agreed timeframe.
The implementing Party shall inform in writing the other Party and the Partnership Committee of any steps or measures taken to implement the mutually agreed solution.
Unless the Parties agree otherwise, and without prejudice to paragraph 6 of Article 5 all steps of the procedure, including any advice or proposed solution, are confidential. However, a Party may disclose to the public the fact that the mediation is taking place.
The mediation procedure is without prejudice to the Parties’ rights and obligations under Chapter 13 of Title VI of the Agreement, or any other agreement.
Consultations under Chapter 13 of Title VI of the Agreement are not required before initiating the mediation procedure. However, before initiating the mediation procedure, a Party should normally avail itself of the other relevant cooperation or consultation provisions provided for in the Agreement.
A Party shall not rely on, or introduce as evidence, in other dispute settlement procedures under the Agreement, or any other agreement, nor shall an arbitration panel take into consideration:
positions taken by the other Party in the course of the mediation procedure or information gathered in accordance with paragraph 2 of Article 5;
the fact that the other Party has indicated its willingness to accept a solution to the measure subject to mediation; or
advice given or proposals made by the mediator.
Unless the Parties agree otherwise, a mediator may not serve as a member of a panel in dispute settlement proceedings under the Agreement or under any other agreement involving the same matter for which he or she has been a mediator.
Any time limit referred to in this document may be modified by mutual agreement between the Parties.
Each Party shall bear its own expenses derived from the participation in the mediation procedure.
The Parties shall share jointly and equally the expenses derived from organisational matters, including the remuneration and expenses of the mediator. The remuneration of the mediator shall be in accordance with that provided for a chairperson of an arbitration panel in accordance with Rule 10 of the Rules of Procedure referred to in Article 335 of the Agreement.
At any time before the initiation of the mediation procedure, a Party may request the other Party in writing to provide any information regarding a measure adversely affecting trade or investment between the Parties. The Party to which such request is made shall make all efforts to provide the requested information in a written response within 20 days of receipt of the request.
Where the responding Party considers it will not be able to deliver a response within 20 days of receipt of the request, it shall promptly notify the requesting Party, stating the reasons for the delay and providing an estimate of the shortest period of time within which it will be able to deliver its response.
A Party may request that the Parties enter into a mediation procedure at any time, by means of a written request addressed to the other Party. The request shall be sufficiently detailed to clearly present the concerns of the requesting Party and shall:
identify the specific measure at issue;
provide a statement of the alleged adverse effects that the requesting Party believes the measure has, or will have, on trade or investment between the Parties; and
explain the causal link between the measure and the adverse effects on trade and investment between the Parties.
The mediation procedure may only be initiated by mutual agreement of the Parties. When a request is made pursuant to paragraph 1, the Party to which the request is addressed shall accord sympathetic consideration to that request and reply by accepting or rejecting it in writing within 10 days of its receipt. The date of receipt by the requesting Party of the requested Party’s reply of acceptance shall be considered as the date of initiation of the mediation procedure.
The Parties shall endeavour to agree on a mediator within 15 days of the date of the initiation of the mediation procedure.
If the Parties are unable to agree on the mediator within period of time set out in paragraph 1, either Party may request the chairperson of the Partnership Committee established by Article 363 of the Agreement(1), or the chairperson’s delegate, to select the mediator by lot from the list of individuals who are not nationals of either Party referred to in paragraph 1 of Article 339 of the Agreement. Representatives of both Parties shall be invited, with sufficient advance notice, to be present when lots are drawn. In any event, the drawing of lots shall be carried out with the Party or Parties that is or are present.
The chairperson of the Partnership Committee, or the chairperson’s delegate, shall select the mediator within five days of the request made pursuant to paragraph 2.
If the list referred to in paragraph 1 of Article 339 of the Agreement is not established at the time a request is made pursuant to Article 3, the mediator shall be drawn by lot from the individuals who have been formally proposed to serve as chairperson of the arbitration panel by one or by both Parties.
A mediator shall not be a national of either Party nor be employed by either Party, unless the Parties agree otherwise.
The mediator shall assist the Parties, in an impartial and transparent manner, in bringing clarity to the measure at issue and its possible effects on trade and investment between the Parties, and in reaching a mutually agreed solution.
The Code of Conduct referred to in Article 335 of the Agreement applies to mediators as well as to their assistants and staff, mutatis mutandis.
Rules 1 to 5 and 47 to 50 of the Rules of Procedure referred to in Article 335 of the Agreement apply to the mediation procedure, mutatis mutandis.
Within 10 days of the appointment of the mediator, the requesting Party shall present a detailed written description of its concerns to the mediator and to the other Party, describing in particular the operation of the measure at issue and its effects on trade and investment between the Parties. Within 20 days of the receipt of that description, the requested Party may submit its written comments on the description. Either Party may include any information that it deems relevant for its description or comments.
The mediator may decide on the most appropriate way of bringing clarity to the measure concerned and its possible effects on trade and investment. In particular, the mediator may organise meetings between the Parties, consult the Parties jointly or individually, seek the assistance of, or consult with, relevant experts and stakeholders and provide any additional support requested by the Parties. The mediator shall consult with the Parties before seeking the assistance of, or consulting with, relevant experts and stakeholders.
The mediator shall not advise or comment on whether the measure at issue is consistent with the Agreement. The mediator may offer advice and propose a solution for the consideration of the Parties. The Parties may accept or reject the proposed solution, or agree on a different solution.
The mediation procedure shall take place in person in the territory of the requested Party, or by mutual agreement in any other location or by any other means.
The Parties shall endeavour to reach a mutually agreed solution within 60 days of the appointment of the mediator. Pending a final agreement, the Parties may consider possible interim solutions, especially if the measure relates to perishable goods.
The mutually agreed solution or interim solution may be adopted by a decision of the Partnership Committee. Each Party may make such solution subject to the completion of any necessary internal procedures. Mutually agreed solutions shall be made publicly available. The version disclosed to the public shall not contain any information that a Party has designated as confidential.
On request of either Party, the mediator shall issue to the Parties a draft factual report providing a brief summary of:
the measure at issue;
the procedures followed; and
any mutually agreed solution reached, including possible interim solutions, if applicable.
The mediator shall allow the Parties 15 days to comment on the draft report. After considering the comments of the Parties received within that period, the mediator shall, within 15 days, deliver a final factual report to the Parties. The draft and the final factual report shall not include any interpretation of the Agreement.
The procedure shall be terminated by:
the adoption of a mutually agreed solution by the Parties, on the date of the adoption thereof;
mutual agreement of the Parties at any stage of the procedure, on the date of that agreement;
a written declaration of the mediator, after consultation with the Parties, that further efforts at mediation would be to no avail, on the date of that declaration; or
a written declaration of a Party after exploring mutually agreed solutions under the mediation procedure and after having considered any advice and proposed solutions by the mediator, on the date of that declaration.
In case the Parties have reached an agreement on a solution, each Party shall take the measures necessary to implement the mutually agreed solution within the agreed timeframe.
The implementing Party shall inform in writing the other Party and the Partnership Committee of any steps or measures taken to implement the mutually agreed solution.