Council Decision (EU) 2025/894 of 5 May 2025 on the position to be taken on behalf of the European Union within the EPA Council and within the Committee of Senior Officials established by the Economic Partnership Agreement between the European Union, of the one part, and the Republic of Kenya, Member of the East African Community, of the other part as regards the adoption of the Rules of Procedure for the EPA Council, of the Rules of Procedure for Dispute Settlement and the Code of Conduct for Arbitrators and Mediators, and of the Rules of Procedure for the Committee of Senior Officials

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the European Commission,

Whereas:

1. The Economic Partnership Agreement (EPA) between the European Union, of the one part, and the Republic of Kenya, Member of the East African Community, of the other part⁽¹⁾ (the ‘Agreement’) entered into force on 1 July 2024.

2. Pursuant to Articles 104 and 106 of the Agreement, the EPA Council and the Committee of Senior Officials, respectively, are established upon the date of entry into force of the Agreement.

3. Pursuant to Article 104(3) of the Agreement, the EPA Council is to establish its own rules of procedure.

4. Pursuant to Article 105(3) and Article 120 of the Agreement, the EPA Council is to establish the Rules of Procedure for Dispute Settlement and the Code of Conduct for Arbitrators and Mediators.

5. Pursuant to Article 107(3) of the Agreement, the Committee of Senior Officials is to determine its own rules of procedure.

6. It is appropriate to establish the position to be taken on the Union’s behalf within the EPA Council and within the Committee of Senior Officials, as the decisions establishing their respective rules of procedure, and the Rules of Procedure for Dispute Settlement and the Code of Conduct for Arbitrators and Mediators, will be binding on the Union.

7. The position of the Union within the EPA Council and within the Committee of Senior Officials as regards the adoption of their respective rules of procedure, and the Rules of Procedure for Dispute Settlement and the Code of Conduct for Arbitrators and Mediators, should therefore be based on the respective draft Decisions of the EPA Council and of the Committee of Senior Officials attached to this Decision,

HAS ADOPTED THIS DECISION: