# Council Decision of 7 November 2014 on the position to be taken on behalf of the European Union within the Committee on Cultural            Cooperation set up by the Protocol on cultural cooperation to the Free Trade Agreement between the European Union and its            Member States, of the one part, and the Republic of Korea, of the other part, as regards the establishment of a list of 15            arbitrators (2014/794/EU)         

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U.K.

# Council Decision

# of 7 November 2014

# on the position to be taken on behalf of the European Union within the Committee on Cultural Cooperation set up by the Protocol                        on cultural cooperation to the Free Trade Agreement between the European Union and its Member States, of the one part, and                        the Republic of Korea, of the other part, as regards the establishment of a list of 15 arbitrators                     

# (2014/794/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 167(3) in conjunction with                           Article 218(9) thereof,                        

Having regard to the proposal from the European Commission,

Whereas:

(1)The Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of                              the other part(1) (‘the Agreement’) was signed on 6 October 2010. The Agreement contains a Protocol on Cultural Cooperation (‘the Protocol’)                              which, according to Article 1 thereof, sets up the framework within which the Parties cooperate for facilitating exchanges                              regarding cultural activities, goods and services, including, inter alia, in the audiovisual sector.

(2)Pursuant to Article 15.10.5 of the Agreement, it has been provisionally applied in part by Council Decision 2011/265/EU(2) (‘the Decision’) since 1 July 2011, pending the completion of the procedures for its conclusion.

(3)Pursuant to Article 6 of the Decision, the position to be taken by the Union in the Committee on Cultural Cooperation (‘the                              Committee’) on decisions having legal effects shall be determined by the Council acting in accordance with the Treaty.

(4)Article 3bis of the Protocol provides that the Committee shall, promptly after its establishment, establish a list of 15 individuals                              to serve as arbitrators.

(5)The Union should determine the position to be taken in the Committee with regard to the establishment of the list of arbitrators.

(6)The position of the Union within the Committee should therefore be based on the attached draft Decision,

HAS ADOPTED THIS DECISION:

# Article 1U.K.

The position to be taken on behalf of the Union within the Committee on Cultural Cooperation, set up by the Protocol on cultural                     cooperation to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic                     of Korea, of the other part, as regards the establishment of the list of 15 individuals to serve as arbitrators shall be based                     on the draft decision of the Committee on Cultural Cooperation attached to this Decision.                  

# Article 2U.K.

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

Done at Brussels, 7 November 2014.

*For the Council*                            

*The President*                            

P. C. Padoan                            

U.K.

DRAFT

# DECISION No ... OF THE EU-KOREA COMMITTEE ON CULTURAL COOPERATION

# of ...

# on the establishment of a list of arbitrators referred to in Article 3bis of the Protocol on Cultural Cooperation to the Free                              Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other                              part                           

THE COMMITTEE ON CULTURAL COOPERATION,

Having regard to the Protocol on Cultural Cooperation to the Free Trade Agreement between the European Union and its Member                                 States, of the one part, and the Republic of Korea, of the other part, signed in Brussels on 6 October 2010, and in particular                                 Article 3bis thereof,                              

Whereas:

(1)Article 3bis of the Protocol on cultural cooperation (‘the Protocol’) provides for a dispute settlement set out in Chapter                                    Fourteen of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of                                    Korea, of the other part, whereby disputes are solved through recourse to a panel of arbitrators.

(2)In the event of a dispute, the Parties shall consult in order to reach an agreement on the composition of the arbitration                                    panel.

(3)If the Parties are unable to agree on the composition of the arbitration panel, the composition shall be determined through                                    selection by lot from the list established in accordance with point (c) of Article 3bis of the Protocol.

(4)The Parties have agreed on a list of 15 arbitrators,

HAS ADOPTED THIS DECISION:

# Article 1U.K.

The list of 15 arbitrators is hereby established in accordance with point (c) of Article 3bis of the Protocol. The list is                           set out in the Annex to this Decision.                        

# Article 2U.K.

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

Done at ... on ...

*For the Committee on Cultural Cooperation*                                  

*First Vice-Minister*                                  

*Ministry for Culture, Sports and Tourism of the Republic of Korea*                                  

*Director-General of the Directorate General for Education and Culture*                                  

*European Commission*                                  

## ANNEXU.K.LIST OF ARBITRATORS

### **Arbitrators proposed by the EU**U.K.

James BRIDGEMAN

Ursula KRIEBAUM

Alessandra LANCIOTTI

Hélène RUIZ FABRI

Jan WOUTERS

### **Arbitrators proposed by Korea**U.K.

Byung-Chol YOON

Eun Young PARK

Young Jae CHO

Seung-Soo CHOI

Chang Hwan SHIN

### **Chairpersons**U.K.

Florentino P. FELICIANO (Philippines)

Juan Antonio DORANTES (Mexico)

Christian HÄBERLI (Switzerland)

Leng Sun CHAN (Malaysia)

Teresa CHENG (China)

1

OJ L 127, 14.5.2011, p. 6.                           

2

Council Decision 2011/265/EU of 16 September 2010 on the signing, on behalf of the European Union, and provisional application                              of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea,                              of the other part (OJ L 127, 14.5.2011, p. 1.)