COUNCIL DECISION
of 23 June 2014
on the position to be adopted by the European Union within the Association Council set up by the Agreement establishing an Association between the European Union and its Member States, on the one part, and Central America, on the other part, as regards the adoption of decisions in the Association Council on the Rules of Procedure of the Association Council and those of the Association Committee, on the Rules of Procedure governing Dispute Settlement under Title X and the Code of Conduct for members of panels and mediators, on the List of Panellists and on the List of Trade and Sustainable Development Experts
(2014/394/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)
On 23 April 2007, the Council authorised the Commission to negotiate an Association Agreement on behalf of the European Union and its Member States with Central America. The negotiating directives were amended on 10 March 2010 to include Panama in the negotiation process.
(2)
The negotiations were concluded at the EU-Latin American and Caribbean Summit in Madrid in May 2010.
(3)
The Agreement establishing an Association between the European Union and its Member States, on the one part, and Central America, on the other part (1) (‘the Agreement’) was initialled on 22 March 2011 and signed on 29 June 2012.
(4)
Pursuant to Article 353(4) of the Agreement, the Agreement has been provisionally applied since 1 August 2013 with Nicaragua, Honduras and Panama, since 1 October 2013 with El Salvador and Costa Rica and since 1 December 2013 with Guatemala.
(5)
Article 4 of the Agreement establishes an Association Council, which is to oversee the fulfilment of the objectives of the Agreement and supervise its implementation.
(6)
Article 6 of the Agreement stipulates that the Association Council is to have the power to take decisions in the cases provided for in this Agreement in order to attain the objectives of this Agreement.
(7)
Article 5(2) of the Agreement stipulates that the Association Council is to adopt its own Rules of Procedure.
(8)
Article 7(3) of the Agreement stipulates that the Association Council is to adopt the Rules of Procedure of the Association Committee.
(9)
Article 8(6) of the Agreement stipulates that the Association Council is to adopt the Rules of Procedure of the Subcommittees.
(10)
Article 297(2) stipulates that the Association Council is to endorse a list of seventeen experts with expertise in environmental law, international trade or the resolution of disputes arising under international agreements and a list of seventeen experts with expertise in labour law, international trade or the resolution of disputes arising under international agreements.
(11)
Article 325(1) stipulates that the Association Council is to establish a list of thirty six individuals who are willing and able to serve as panellists in the meaning of Title X of the Agreement on Dispute Settlement.
(12)
Article 328(1) stipulates that the Association Council is to adopt rules of procedure as well as a code of conduct, governing Dispute Settlement under Title X of the Agreement.
(13)
The Union should determine the position to be adopted as regards the adoption of the Rules of Procedure of the Association Council and those of the Association Committee, the Rules of Procedure governing Dispute Settlement under Title X of the Agreement and the Code of Conduct for members of panels and mediators, the list of panellists as well as the list of Trade and Sustainable Development experts,
HAS ADOPTED THIS DECISION:
Article 1
The position to be adopted by the European Union within the Association Council, set up by the Agreement establishing an Association between the European Union and its Member States, on the one part, and Central America, on the other part, as regards the adoption of the Rules of Procedure of the Association Council and those of the Association Committee, the Rules of Procedure governing Dispute Settlement under Title X and the Code of Conduct for members of panels and mediators, the list of panellists as well as the list of Trade and Sustainable Development experts shall be based on the draft decisions of the Association Council annexed to this Decision.
Minor technical corrections to the draft Association Council decisions may be agreed to by the representatives of the Union in the Association Council without further decision of the Council.
Article 2
After their adoption, the decisions of the Association Council shall be published in the Official Journal of the European Union.
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Luxembourg, 23 June 2014.