The position to be taken on the Union’s behalf within the Cooperation Committee meeting in trade configuration (the ‘Cooperation Committee’) established by the Enhanced Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Kazakhstan, of the other part, as regards the establishment of a list of individuals who are willing and able to serve as arbitrators, in accordance with Article 196(1) of the Agreement, in dispute settlement proceedings shall be based on the draft Decision of the Cooperation Committee attached to this Decision.
Council Decision (EU) 2023/2856 of 7 December 2023 on the position to be taken on behalf of the European Union within the Cooperation Committee meeting in trade configuration established by the Enhanced Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Kazakhstan, of the other part, as regards the establishment of a list of 15 individuals who are willing and able to serve as arbitrators in dispute settlement proceedings
Council Decision (EU) 2023/2856 of 7 December 2023 on the position to be taken on behalf of the European Union within the Cooperation Committee meeting in trade configuration established by the Enhanced Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Kazakhstan, of the other part, as regards the establishment of a list of 15 individuals who are willing and able to serve as arbitrators in dispute settlement proceedings
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:
The Enhanced Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Kazakhstan, of the other part(1) (the ‘Agreement’), was concluded by the Union by means of Council Decision (EU) 2020/244(2) and entered into force on 1 March 2020.
Pursuant to Article 196(1) of the Agreement, the Cooperation Committee meeting in trade configuration (the ‘Cooperation Committee’), as provided for in Article 269(5) of the Agreement, is to establish, no later than 6 months after the entry into force of the Agreement, a list of at least 15 individuals who are willing and able to serve as arbitrators in dispute settlement proceedings (the ‘list of arbitrators’). The list of arbitrators is to be composed of three sub-lists, each including at least five individuals: one sub-list for each Party and one sub-list of individuals who are not nationals of either Party and who can serve as chairperson of the arbitration panel.
On the basis of proposals made by the Parties, at its next meeting, the Cooperation Committee is expected to adopt a decision establishing the list of arbitrators.
It is appropriate to establish the position to be taken on the Union’s behalf within the Cooperation Committee with regard to the establishment of the list of arbitrators, as the envisaged decision of the Cooperation Committee will be binding on the Union,
HAS ADOPTED THIS DECISION:
Article 1
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 7 December 2023.
For the Council
The President
J. Hereu Boher
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:
The Enhanced Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Kazakhstan, of the other part(1) (the ‘Agreement’), was concluded by the Union by means of Council Decision (EU) 2020/244(2) and entered into force on 1 March 2020.
Pursuant to Article 196(1) of the Agreement, the Cooperation Committee meeting in trade configuration (the ‘Cooperation Committee’), as provided for in Article 269(5) of the Agreement, is to establish, no later than 6 months after the entry into force of the Agreement, a list of at least 15 individuals who are willing and able to serve as arbitrators in dispute settlement proceedings (the ‘list of arbitrators’). The list of arbitrators is to be composed of three sub-lists, each including at least five individuals: one sub-list for each Party and one sub-list of individuals who are not nationals of either Party and who can serve as chairperson of the arbitration panel.
On the basis of proposals made by the Parties, at its next meeting, the Cooperation Committee is expected to adopt a decision establishing the list of arbitrators.
It is appropriate to establish the position to be taken on the Union’s behalf within the Cooperation Committee with regard to the establishment of the list of arbitrators, as the envisaged decision of the Cooperation Committee will be binding on the Union,
HAS ADOPTED THIS DECISION: