# EUR-Lex - 52012PC0593 - EN

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# 52012PC0593

**Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union within the Cooperation Committee set up by the Agreement on Partnership and Cooperation establishing a partnership between the European Communities and their Members States, of one part, and the Russian Federation of the other part, of 24 June 1994 as regards the establishment of a list of conciliators /* COM/2012/0593 final - 2012/0287 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

In the context of the process of the accession
of the Russian Federation to the World Trade Organisation, the European Union
and the Russian Federation negotiated and signed a bilateral Agreement, in the
form of an Exchange of Letters and a protocol on technical modalities relating
to the administration of tariff rate quotas applying to exports of wood from
the Russian Federation to the Union (hereinafter referred to as the "Protocol")
and an Agreement on trade in parts and components of motor vehicles between the
Union and the Russian Federation (hereinafter referred to as the "Agreement").

Article 25 of the Protocol and Article 12
of the Agreement provide for the application of the dispute settlement procedures
established in the Decision to the Cooperation Council established by the
Partnership and Cooperation Agreement between the European Communities, and
their Member States, of the one part, and the Russian Federation, of the other
part, of 24 July 1994 (hereinafter referred to as the "Partnership
Agreement"), to establish rules of procedure for the settlement of
disputes under that Agreement, adopted on 7 April 2004 (hereinafter referred to
as the "Decision of the Cooperation Council on Dispute Settlement").

Paragraph 1 of Article 4 of that Decision
provides for the establishment by the Parties in the framework of the
Cooperation Committee established under the Partnership Agreement, of an
indicative list of conciliators for the settlement of disputes.

In order to ensure the effective operation
of the dispute settlement mechanisms provided for in Article 25 of the Protocol
and Article 12 of the Agreement, the Commission and the Government of the
Russian Federation agreed on the names of 15 individuals to be placed on the
list of conciliators as provided in the Decision of the Cooperation Council on
Dispute Settlement.

2.           RESULTS OF CONSULTATIONS WITH THE
INTERESTED PARTIES AND IMPACT ASSESSMENTS

The attached proposal constitutes the
proposal for a legal instrument approving the position that the European Union
will be taking in the Cooperation Committee on the above issue.

2012/0287 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken on behalf of
the European Union within the Cooperation Committee set up by the Agreement on
Partnership and Cooperation establishing a partnership between the European
Communities and their Members States, of one part, and the Russian Federation
of the other part, of 24 June 1994 as regards the establishment of a list of
conciliators

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the
European Commission,

Whereas:

(1)       Pursuant to Article 4 of
the Decision of the Cooperation Council established by the Agreement on
Partnership and Cooperation establishing a partnership between the European
Communities and their Member States, of one part, and the Russian Federation of
the other part, of 24 June 1994[1],
to establish rules of procedure for the settlement of disputes under that
Agreement adopted on 7 April 2004 (hereinafter referred to as the
"Decision of the Cooperation Council on Dispute Settlement") an
indicative list of up to 15 individuals to serve as conciliators is to be established
by the Cooperation Committee.

(2)       The Protocol between the
European Union and the Government of the Russian Federation on technical
modalities pursuant to the Agreement in the form of an Exchange of Letters
between the European Union and the Government of the Russian Federation
relating to the administration of tariff rate quotas applying to export of wood
from the Russian Federation[2]
to the European Union (hereinafter referred to as the "Protocol") is
provisionally applied from the date of the accession of Russia to the World
Trade Organisation, pending its entry into force..

(3)       The Agreement between the
European Union and the Government of the Russian Federation on trade in parts
and components of motor vehicles between the European Union and the Russian
Federation[3]
(hereinafter referred to as "the Agreement") is provisionally applied
from the date of the accession of Russia to the World Trade Organisation,
pending its entry into force.

(4)       Pursuant to Article 25 of
the Protocol and Article 12 of the Agreement, disputes may be submitted to a
conciliation panel pursuant to Article 3 of the Decision of the Cooperation
Council on Dispute Settlement.

(5)       The Commission and the
Government of the Russian Federation have agreed on the names of 15 individuals
to be placed on the indicative list of conciliators.

(6)       Accordingly, it is necessary
to establish the position to be taken on behalf of the Union in the Cooperation
Committee,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the European
Union in the Cooperation Committee shall be based on the draft Decision of that
body attached to this Decision.

Article 2

After its adoption, the Decision of the
Cooperation Committee shall be published in the Official Journal of the
European Union.

Article 3

This Decision shall enter into force on the
day of its adoption.

Done at Brussels,

For
the Council

The
President

ANNEX I

DRAFT
DECISION No 1 OF THE EU-RUSSIA COOPERATION COMMITTEE

of
..... 2012

on
the establishment of a list of conciliators referred to in Article 4 of the
Decision of the Cooperation Council on Dispute Settlement of 7 April 2004

THE COOPERATION COMMITTEE,

Having regard to, Article 4 of the
Decision of the Cooperation Council established by the Agreement on Partnership
and Cooperation establishing a partnership between the European Communities and
their Member States, of one part, and the Russian Federation, of the other
part, to establish rules of procedure for the settlement of disputes under that
Agreement, adopted on 7 April 2004,

Whereas:

(1)          Pursuant to Article 4 of
the Decision of the Cooperation Council established by the Agreement on Partnership
and Cooperation establishing a partnership between the European Communities and
their Member States, of one part, and the Russian Federation, of the other
part, to establish rules of procedure for the settlement of disputes under that
Agreement, adopted on 7 April 2004, the Cooperation Committee shall establish
an indicative list of up to 15 individuals who are willing and able to serve as
conciliators.

(2)          Article 12 of the Agreement
on trade in parts and components of motor vehicles between the European Union
and the Russian Federation, signed in Geneva on 16 December 2011, and Article
25 of the Protocol on technical modalities pursuant to the Agreement in the
form of an Exchange of Letters between the European Union and the Government of
the Russian Federation relating to the administration of tariff rate quotas
applying to export of wood from the Russian Federation to the European Union,
both signed by the European Union and the Government of the Russian Federation
in Geneva on 16 December 2011, provide that disputes may be submitted to a
conciliation panel pursuant to Article 3 of the Decision of the Cooperation
Council on Dispute Settlement

(3)          The Parties have
agreed on a list of 15 names,

HAS ADOPTED THIS DECISION:

Article 1

The list of 15 conciliators is set out in
the Annex to this Decision.

Article 2

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

Done on ...........

For
the Cooperation Committee

For the European Union || For the Russian Federation

||

Annex

List
of conciliators

Conciliators proposed by the EU:

Bourgeois, Jacques.

Ehlermann, Claus –Dieter.

Kuijper, Pieter Jan.

Sacerdoti, Giorgio.

Torrent, Ramon.

Conciliators proposed by the Russian Federation:

Komarov, Alexander

Makovsky, Alexander

Martynov, Anatoly

Shumilov, Vladimir

Velyaminov,
Georgy

Chairpersons:

Luzius Wasescha (Switzerland)

Crawford Falconer (New Zealand)

Christan Haberli (Switzerland)

Paul Richard O'Connor (Australia)

Helge Seland (Norway)

[1]               OJ L 327, 28.11.1997, p. 3.

[2]               OJ L 57, 29.2.2012, p. 3.

[3]               OJ L 57, 29.2.2012, p. 15.