Considerations on COM(2022)589 - EU position within the Partnership Council with the United Kingdom on establishing a list of individuals who can serve as members of an arbitration tribunal

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dossier COM(2022)589 - EU position within the Partnership Council with the United Kingdom on establishing a list of individuals who can serve as ...
document COM(2022)589 EN
date December 19, 2022
 
table>(1)The Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (1) (‘the Trade and Cooperation Agreement’), was concluded by Council Decision (EU) 2021/689 (2) and entered into force on 1 May 2021.
(2)Pursuant to Article 752(1) of the Trade and Cooperation Agreement, the Partnership Council, established by Article 7(1) of that Agreement, is to establish a list of individuals who are willing and able to serve as members of an arbitration tribunal. The list is to be composed of three sub-lists: one sub-list of individuals established on the basis of proposals by the Union; one sub-list of individuals established on the basis of proposals by the United Kingdom of Great Britain and Northern Ireland (the ‘United Kingdom’); and one sub-list of individuals who are not nationals of either Party who are to serve as chairperson to the arbitration tribunal.

(3)Each sub-list is to include at least five individuals.

(4)Pursuant to Article 741(2) of the Trade and Cooperation Agreement, all arbitrators are to be persons whose independence is beyond doubt, who possess the qualifications required for appointment to high judicial office in their respective countries or who are jurisconsults of recognised competence. They are to have demonstrated expertise in law and international trade, including on specific matters covered by Titles I to VII, Chapter 4 of Title VIII, Titles IX to XII of Heading One or Heading Six of Part Two of the Trade and Cooperation Agreement, or in law and any other matter covered by that Agreement or by any supplementing agreement and, in the case of a chairperson, also have experience in dispute settlement procedures.

(5)In accordance with Article 752(3) of the Trade and Cooperation Agreement, the list is not to comprise persons who are members, officials or other servants of the Union institutions, of the government of a Member State, or of the government of the United Kingdom.

(6)On the basis of the proposals of the Union and the United Kingdom, the Partnership Council is to agree on a sub-list of eight persons for the position of chairperson of the arbitration tribunal, and on two sub-lists of six persons for the position of members of the arbitration tribunal.

(7)The establishment of the position to be taken on behalf of the European Atomic Energy Community in the Partnership Council as regards matters falling under the Treaty establishing the European Atomic Energy Community is subject to a separate procedure.

(8)It is appropriate to establish the position to be taken on the Union’s behalf in the Partnership Council,