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Council Decision (EU) 2019/1954 of 18 November 2019 establishing the position to be adopted, on behalf of the European Union, in the EPA Committee set up by the Interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part, in connection with the adoption of the rules of procedure for mediation, the rules of procedure for arbitration and the code of conduct for arbitrators

Council Decision (EU) 2019/1954 of 18 November 2019 establishing the position to be adopted, on behalf of the European Union, in the EPA Committee set up by the Interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part, in connection with the adoption of the rules of procedure for mediation, the rules of procedure for arbitration and the code of conduct for arbitrators

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9), thereof,

Having regard to the proposal from the European Commission,

Whereas:

  1. The Interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part(1) (‘the Agreement’), was signed on behalf of the Union by Council Decision 2009/152/EC(2) and has been applied on a provisional basis since 4 August 2014.

  2. In accordance with Article 80(1) of the Agreement, the EPA Committee is required to lay down the rules of procedure and the code of conduct on the settlement of disputes.

  3. In accordance with Article 88 of the Agreement, the EPA Committee may decide to amend Title VI of the Agreement and the Annexes thereto.

  4. The EPA Committee, at its next annual meeting is to adopt a decision establishing the rules of procedure for mediation, the rules of procedure for arbitration, and the code of conduct of arbitrators.

  5. It is appropriate to establish the position to be taken, on behalf of the Union, in the EPA Committee concering the adoption of the envisaged decision, as that decision will be binding on the Union.

  6. It is therefore appropriate that the position of the Union in the EPA Committee be based on the attached draft Decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken, on behalf of the Union, in the EPA Committee set up by the Interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part, shall be based on the EPA Committee's draft Decision on the rules of procedure for mediation, the rules of procedure for arbitration, and the code of conduct for arbitrators, annexed to this Decision.

Article 2

This Decision will enter into force on the date of its adoption.

Done at Brussels, 18 November 2019.

For the Council

The President

J. Leppä

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9), thereof,

Having regard to the proposal from the European Commission,

Whereas:

  1. The Interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part(1) (‘the Agreement’), was signed on behalf of the Union by Council Decision 2009/152/EC(2) and has been applied on a provisional basis since 4 August 2014.

  2. In accordance with Article 80(1) of the Agreement, the EPA Committee is required to lay down the rules of procedure and the code of conduct on the settlement of disputes.

  3. In accordance with Article 88 of the Agreement, the EPA Committee may decide to amend Title VI of the Agreement and the Annexes thereto.

  4. The EPA Committee, at its next annual meeting is to adopt a decision establishing the rules of procedure for mediation, the rules of procedure for arbitration, and the code of conduct of arbitrators.

  5. It is appropriate to establish the position to be taken, on behalf of the Union, in the EPA Committee concering the adoption of the envisaged decision, as that decision will be binding on the Union.

  6. It is therefore appropriate that the position of the Union in the EPA Committee be based on the attached draft Decision,

HAS ADOPTED THIS DECISION:

Article 1

Article 2

ANNEX IRULES OF PROCEDURE FOR MEDIATION

Article 1 Scope of application

Article 2 Start of the proceeding

Article 3 Selection of the mediator

Article 4 Conduct of the mediation proceeding

Article 5 End of the mediation proceeding

Article 6 Implementation of a mutually satisfactory solution

Article 7 Confidentiality and relationship to dispute settlement

Article 8 Application of the rules of procedure for arbitration

Article 9 Review

ANNEX IIRULES OF PROCEDURE FOR ARBITRATION

Article 1 Definitions

Article 2 Scope of application

Article 3 Notifications

Article 4 Appointment of arbitrators

Article 5 Consultation between the Parties and the arbitration panel

Article 6 Written submissions

Article 7 Working of the arbitration panels

Article 8 Replacement

Article 9 Hearings

Article 10 Questions in writing

Article 11 Transparency and confidentiality

Article 12 Ex parte contacts

Article 13 Amicus curiae submissions

Article 14 Urgent cases

Article 15 Costs

Article 16 Working language for the proceeding, translation and interpretation

Article 17 Calculation of time limits

Article 18 Other procedures

ANNEX IIICODE OF CONDUCT FOR ARBITRATORS

Article 1 Definitions

Article 2 Basic principles

Article 3 Disclosure obligations

Article 4 Duties of arbitrators

Article 5 Obligations of former arbitrators

Article 6 Confidentiality

Article 7 Expenses

Article 8 Mediators