Council Decision (EU) 2019/117 of 21 January 2019 on the position to be taken on behalf of the European Union within the Joint Council established under the Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part, as regards the adoption of the Rules of Procedure for dispute avoidance and settlement and the Code of Conduct for arbitrators and mediators
Council Decision (EU) 2019/117 of 21 January 2019 on the position to be taken on behalf of the European Union within the Joint Council established under the Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part, as regards the adoption of the Rules of Procedure for dispute avoidance and settlement and the Code of Conduct for arbitrators and mediators
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207 in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
The Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part(1) (‘the Agreement’) was signed by the Union and its Member States on 10 June 2016. It has been provisionally applied between the Union, of the one part, and Botswana, Lesotho, Namibia, Eswatini and South Africa, of the other part, since 10 October 2016, and between the Union and Mozambique since 4 February 2018.
Pursuant to Article 102(1) of the Agreement, the Joint Council is to have the power to take decisions in respect of all matters covered by the Agreement.
Pursuant to Article 89(1) of the Agreement, the Joint Council is to adopt Rules of Procedure and a Code of Conduct for arbitrators and mediators. Therefore, the Joint Council is to adopt, at its first meeting, a decision with regard to the Rules of Procedure for dispute avoidance and settlement and the Code of Conduct for arbitrators and mediators acting under Part III of the Agreement.
It is appropriate to establish the position to be taken on the Union's behalf within the Joint Council concerning the adoption of the Rules of Procedure for dispute avoidance and settlement and the Code of Conduct for arbitrators and mediators.
The position of the Union within the Joint Council should therefore be based on the attached draft Decision,
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken on the Union's behalf within the Joint Council as regards the adoption of the Rules of Procedure for dispute avoidance and settlement and the Code of Conduct for arbitrators and mediators shall be based on the draft Decision of the Joint Council attached to this Decision.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 21 January 2019.
For the Council
The President
F. Mogherini
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207 in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
The Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part(1) (‘the Agreement’) was signed by the Union and its Member States on 10 June 2016. It has been provisionally applied between the Union, of the one part, and Botswana, Lesotho, Namibia, Eswatini and South Africa, of the other part, since 10 October 2016, and between the Union and Mozambique since 4 February 2018.
Pursuant to Article 102(1) of the Agreement, the Joint Council is to have the power to take decisions in respect of all matters covered by the Agreement.
Pursuant to Article 89(1) of the Agreement, the Joint Council is to adopt Rules of Procedure and a Code of Conduct for arbitrators and mediators. Therefore, the Joint Council is to adopt, at its first meeting, a decision with regard to the Rules of Procedure for dispute avoidance and settlement and the Code of Conduct for arbitrators and mediators acting under Part III of the Agreement.
It is appropriate to establish the position to be taken on the Union's behalf within the Joint Council concerning the adoption of the Rules of Procedure for dispute avoidance and settlement and the Code of Conduct for arbitrators and mediators.
The position of the Union within the Joint Council should therefore be based on the attached draft Decision,
HAS ADOPTED THIS DECISION: