AGREEMENT  
between the European Union and the Kingdom of Morocco establishing a dispute settlement 
mechanism  
THE EUROPEAN UNION, hereinafter referred to as ‘the Union’,  
of the one part, and  
THE KINGDOM OF MOROCCO, hereinafter referred to as ‘Morocco’,  
of the other part,  
HAVE AGREED AS FOLLOWS:  
CHAPTER I  
OBJECTIVE AND SCOPE  
Article 1  
Objective  
The objective of this Agreement is to avoid and settle any trade 
dispute between the Parties with a view to arrive at, where 
possible, a mutually agreed solution.  
Article 2  
Application of the Agreement  
1. The provisions of this Agreement apply with respect to 
any dispute concerning an alleged violation of the provisions of 
Title II (with the exception of Article 24) of the Euro-Medi ­
terranean Agreement establishing an association between the 
European Communities and their Member States, of the one 
part, and the Kingdom of Morocco, of the other part (here ­
inafter ‘the association Agreement’) (  1 ) or of the Agreement in 
the form of an Exchange of Letters between the European 
Union and the Kingdom of Morocco concerning reciprocal 
liberalisation measures on agricultural products, processed agri ­
cultural products, fish and fishery products, the replacement of 
protocols 1, 2 and 3 and their Annexes and amendments to the 
Euro-Mediterranean Agreement establishing an association 
between the European Communities and their Member States, 
of the one part, and the Kingdom of Morocco, of the other part. 
The procedures of this Agreement shall apply if, 60 days after a 
dispute has been referred to the Association Council pursuant 
to Article 86 of the Association Agreement, the Association 
Council has failed to settle the dispute.  
2. Article 86 of the Association Agreement applies to 
disputes relating to the application and interpretation of other 
provisions of the Association Agreement.  
3. For the purposes of paragraph 1, a dispute shall be 
deemed to be resolved when the Association Council has 
taken a decision as provided for in Article 86.2 of the 
Association Agreement, or when it has declared that there is 
no longer a dispute.  CHAPTER II  
CONSULTATIONS AND MEDIATION  
Article 3  
Consultations  
1. The Parties shall endeavour to resolve any difference 
regarding the interpretation and application of the provisions 
referred to in Article 2 by entering into consultations in good 
faith with the aim of reaching a prompt, equitable and mutually 
agreed solution. In these consultations, the Parties will also 
discuss the impact that the alleged breach would have on 
their trade.  
2. A Party shall seek consultations by means of a written 
request to the other Party, copied to the subcommittee ‘industry, 
trade and services’, identifying any measure at issue and the 
provisions of the agreements referred to in Article 2 that it 
considers breached.  
3. Consultations shall be held within 40 days of the date of 
receipt of the request and take place, unless the Parties agree 
otherwise, on the territory of the Party complained against. The 
consultations shall be deemed concluded within 60 days of the 
date of receipt of the request, unless both Parties agree to 
continue consultations. Consultations, in particular all 
information disclosed and positions taken by the Parties 
during these proceedings, shall be confidential, and without 
prejudice to the rights of either Party in any further proceedings.  
4. Consultations on matters of urgency, including those 
regarding perishable or seasonal goods shall be held within 
15 days of the date of receipt of the request, and shall be 
deemed concluded within 30 days of the date of receipt of 
the request.  
5. If the Party to which the request is made does not respond 
to the request for consultations within 20 working days of the 
date of its receipt, or if consultations are not held within the 
timeframes laid down in paragraph 3 or in paragraph 4 
respectively, or if consultations have been concluded and no 
agreement has been reached on a mutually agreed solution, 
the complaining Party may request the establishment of an 
arbitration panel in accordance with Article 5.EN L 176/2 Official Journal of the European Union 5.7.2011  
( 1 ) The provisions of this Agreement are without prejudice to Article 34 
of the Protocol concerning the definition of the concept of ‘orig ­
inating products’ and methods of administrative cooperation.
Article 4  
Mediation  
1. If consultations fail to produce a mutually agreed solution, 
the Parties may, by mutual agreement, seek recourse to a 
mediator. Any request for mediation must be made in writing 
to Party complained against and the subcommittee ‘industry, 
trade and services’ and state any measure which has been the 
subject of consultations as well as the mutually agreed terms of 
reference for the mediation. Each Party undertakes to accord 
sympathetic consideration to requests for mediation.  
2. Unless the Parties agree on a mediator within 10 working 
days of the date of receipt of the request for mediation, the 
chairpersons of the subcommittee ‘industry, trade and services’, 
or the chairpersons’ delegate, shall select by lot a mediator from 
the pool of individuals who are on the list referred to in 
Article 19 and are not nationals of either Party. The selection 
shall be made within 15 working days of the date of receipt of 
the request for mediation. The mediator will convene a meeting 
with the Parties no later than 30 days after being selected. The 
mediator shall receive the submissions of each Party no later 
than 15 days before the meeting and may request additional 
information from the Parties or from experts or technical 
advisors as she or he deems necessary. Any information 
obtained in this manner must be disclosed to each of the 
Parties and submitted for their comments. The mediator shall 
notify an opinion no later than 45 days after having been 
selected.  
3. The mediator’s opinion may include one or more recom ­
mendations on how to resolve the dispute consistent with the 
provisions referred to in Article 2. The mediator’s opinion is 
non-binding.  
4. The Parties may agree to amend the time limits referred to 
in paragraph 2. The mediator may also decide to amend these 
time limits upon request of any of the Parties, given the 
particular difficulties experienced by the Party concerned or 
the complexities of the case.  
5. The proceedings involving mediation, in particular the 
mediator’s opinion and all information disclosed and positions 
taken by the Parties during these proceedings, shall be confi ­
dential, and without prejudice to the rights of either Party in 
any further proceedings.  
6. If the Parties agree, procedures for mediation may 
continue while the arbitration procedure proceeds.  
7. Replacement of a mediator shall take place only for the 
reasons and according to the procedures detailed in rules 18 to 
21 of the Rules of Procedure.  CHAPTER III  
DISPUTE SETTLEMENT PROCEDURES  
SECTION I  
Arbitration procedure  
Article 5  
Initiation of the arbitration procedure  
1. Where the Parties have failed to resolve the dispute by 
recourse to consultations as provided for in Article 3, or by 
recourse to mediation as provided for in Article 4, the 
complaining Party may request the establishment of an arbi ­
tration panel.  
2. The request for the establishment of an arbitration panel 
shall be made in writing to the Party complained against and 
the subcommittee ‘industry, trade and services’. The 
complaining Party shall identify in its request the specific 
measure at issue, and it shall explain how such measure 
constitutes a breach of the provisions referred to in Article 2. 
The establishment of an arbitration panel shall be requested no 
later than 18 months from the date of receipt of the request for 
consultations, without prejudice to the rights of the 
complaining Party to request new consultations on the same 
matter in the future.  
Article 6  
Establishment of the arbitration panel  
1. An arbitration panel shall be composed of three arbi ­
trators.  
2. Within 10 working days of the date of receipt by the 
Party complained against of the request for the establishment 
of an arbitration panel, the Parties shall consult in order to 
reach an agreement on the composition of the arbitration panel.  
3. In the event that the Parties are unable to agree on its 
composition within the time frame laid down in paragraph 2, 
either Party may request the chairpersons of the subcommittee 
‘industry, trade and services’, or the chairpersons’ delegate, to 
select all three members by lot from the list established under 
Article 19, one among the individuals proposed by the 
complaining Party, one among the individuals proposed by 
the Party complained against and one among the individuals 
selected by the Parties to act as chairperson. Where the Parties 
agree on one or more of the members of the arbitration panel, 
any remaining members shall be selected by the same 
procedure.  
4. The chairpersons of the subcommittee ‘industry, trade and 
services’, or the chairpersons’ delegate, shall select the arbitrators 
within five working days of the request referred to in 
paragraph 3.  
5. The date of establishment of the arbitration panel shall be 
the date on which the three arbitrators are selected.EN 5.7.2011 Official Journal of the European Union L 176/3
6. Replacement of arbitrators shall take place only for the 
reasons and according to the procedures detailed in rules 18 to 
21 of the Rules of Procedure.  
Article 7  
Interim panel report  
The arbitration panel shall issue an interim report to the Parties 
setting out the findings of fact, the applicability of relevant 
provisions and the basic rationale behind any findings and 
recommendations that it makes, not later than 120 days from 
the date of establishment of the arbitration panel. Any Party 
may submit a written request for the arbitration panel to review 
precise aspects of the interim report within 15 days of its 
notification. The findings of the final panel ruling shall 
include a discussion of the arguments made at the interim 
review stage.  
Article 8  
Arbitration panel ruling  
1. The arbitration panel shall notify its ruling to the Parties 
and to the subcommittee ‘industry, trade and services’ within 
150 days from the date of the establishment of the arbitration 
panel. Where it considers that this deadline cannot be met, the 
chairperson of the arbitration panel must notify the Parties and 
the subcommittee ‘industry, trade and services’ in writing, 
stating the reasons for the delay and the date on which the 
panel plans to conclude its work. Under no circumstances 
should the ruling be notified later than 180 days from the 
date of the establishment of the arbitration panel.  
2. In cases of urgency, including those involving perishable 
or seasonal goods, the arbitration panel shall make every effort 
to notify its ruling within 75 days from the date of its estab ­
lishment. Under no circumstance should it take longer than 
90 days from its establishment. The arbitration panel shall 
give a preliminary ruling within 10 days of its establishment 
on whether it deems the case to be urgent.  
3. The arbitration panel shall, at the request of both Parties, 
suspend its work at any time for a period agreed by the Parties 
not exceeding 12 months and shall resume its work at the end 
of this agreed period at the request of the complaining Party. If 
the complaining Party does not request the resumption of the 
arbitration panel’s work before the expiry of the agreed 
suspension period, the procedure shall be terminated. The 
suspension and termination of the arbitration panel’s work 
are without prejudice to the rights of either Party in another 
proceeding on the same matter.  
SECTION II  
Compliance  
Article 9  
Compliance with the arbitration panel ruling  
Each Party shall take any measure necessary to comply with the 
arbitration panel ruling, and the Parties will endeavour to agree 
on the period of time to comply with the ruling.  Article 10  
The reasonable period of time for compliance  
1. No later than 30 days after the receipt of the notification 
of the arbitration panel ruling to the Parties, the Party 
complained against shall notify the complaining Party and the 
subcommittee ‘industry, trade and services’ of the time it will 
require for compliance (reasonable period of time), if immediate 
compliance is not possible.  
2. If there is disagreement between the Parties on the 
reasonable period of time to comply with the arbitration 
panel ruling, the complaining Party shall, within 20 days of 
the receipt of the notification made under paragraph 1 by the 
Party complained against, request in writing the arbitration 
panel to determine the length of the reasonable period of 
time. Such request shall be notified simultaneously to the 
other Party and to the subcommittee ‘industry, trade and 
services’. The arbitration panel shall notify its ruling to the 
Parties and to the subcommittee ‘industry, trade and services’ 
within 30 days from the date of the submission of the request.  
3. The reasonable period of time may be extended by mutual 
agreement of the Parties.  
Article 11  
Review of any measure taken to comply with the 
arbitration panel ruling  
1. The Party complained against shall notify the other Party 
and the subcommittee ‘industry, trade and services’ before the 
end of the reasonable period of time of any measure that it has 
taken to comply with the arbitration panel ruling.  
2. In the event that there is disagreement between the Parties 
concerning the existence or the consistency of any measure 
notified under paragraph 1 with the provisions referred to in 
Article 2, the complaining Party may request, in writing, the 
arbitration panel to rule on the matter. Such request shall 
identify the specific measure at issue and it shall explain how 
such measure is inconsistent with the provisions referred to in 
Article 2. The arbitration panel shall notify its ruling within 
90 days of the date of the submission of the request. In cases 
of urgency, including those involving perishable or seasonal 
goods, the arbitration panel shall notify its ruling within 45 
days of the date of the submission of the request.  
Article 12  
Temporary remedies in case of non-compliance  
1. If the Party complained against fails to notify any measure 
taken to comply with the arbitration panel ruling before the 
expiry of the reasonable period of time, or if the arbitration 
panel rules that the measure notified under Article 1(1) is 
inconsistent with that Party’s obligations under the provisions 
referred to in Article 2, the Party complained against shall, if so 
requested by the complaining Party, present an offer for 
temporary compensation.EN L 176/4 Official Journal of the European Union 5.7.2011
2. If no agreement on compensation is reached within 
30 days after the end of the reasonable period of time or of 
the arbitration panel ruling under Article 11 that a measure 
taken to comply is inconsistent with the provisions referred 
to in Article 2, the complaining Party shall be entitled, upon 
notification to the other Party and to the subcommittee 
‘industry, trade and services’, to suspend obligations arising 
from any provision referred to in Article 2 at a level equivalent 
to the nullification or impairment caused by the violation. The 
complaining Party may implement the suspension 10 working 
days after the date of receipt of the notification by the Party 
complained against, unless the Party complained against has 
requested arbitration under paragraph 3.  
3. If the Party complained against considers that the level of 
suspension is not equivalent to the nullification or impairment 
caused by the violation, it may request, in writing, the arbi ­
tration panel to rule on the matter. Such request shall be 
notified to the other Party and to the subcommittee ‘industry, 
trade and services’ before the expiry of the 10 working day 
period referred to in paragraph 2. The arbitration panel, 
having sought, if appropriate, the opinion of experts, shall 
notify its ruling on the level of the suspension of obligations 
to the Parties and to the institutional body responsible for trade 
matters within 30 days of the date of the submission of the 
request. Obligations shall not be suspended until the arbitration 
panel has notified its ruling, and any suspension shall be 
consistent with the arbitration panel ruling.  
4. The suspension of obligations shall be temporary and 
shall be applied only until any measure found to be inconsistent 
with the provisions referred to in Article 2 has been withdrawn 
or amended so as to bring it into conformity with those 
provisions, as established under Article 13, or until the Parties 
have agreed to settle the dispute.  
Article 13  
Review of any measure taken to comply after the 
suspension of obligations  
1. The Party complained against shall notify the other Party 
and the subcommittee ‘industry, trade and services’ of any 
measure it has taken to comply with the ruling of the arbi ­
tration panel and of its request for an end to the suspension of 
obligations applied by the complaining Party.  
2. If the Parties do not reach an agreement on the compati ­
bility of the notified measure with the provisions referred to in 
Article 2 within 30 days of the date of receipt of the notifi ­
cation, the complaining Party shall request, in writing, the arbi ­
tration panel to rule on the matter. Such request shall be 
notified simultaneously to the other Party and to the subcom ­
mittee ‘industry, trade and services’. The arbitration panel ruling 
shall be notified to the Parties and to the subcommittee 
‘industry, trade and services’ within 45 days of the date of the 
submission of the request. If the arbitration panel rules that any 
measure taken to comply is in conformity with the provisions 
referred to in Article 2, the suspension of obligations shall be 
terminated.  SECTION III  
Common provisions  
Article 14  
Mutually agreed solution  
The Parties may reach a mutually agreed solution to a dispute 
under this Agreement at any time. They shall notify the 
subcommittee ‘industry, trade and services’ and the arbitration 
panel of any such solution. Upon notification of the mutually 
agreed solution, the panel shall terminate its work and the 
procedure shall be terminated.  
Article 15  
Rules of Procedure  
1. Dispute settlement procedures under Chapter III of this 
Agreement shall be governed by the Rules of Procedure 
annexed to this Agreement.  
2. Any meeting of the arbitration panel shall be open to the 
public in accordance with the Rules of Procedure, unless the 
Parties agree otherwise.  
Article 16  
Information and technical advice  
At the request of a Party, or upon its own initiative, the arbi ­
tration panel may obtain information it deems appropriate for 
the arbitration panel proceeding. In particular, the arbitration 
panel also has the right to seek the relevant opinion of experts 
as it deems appropriate. The arbitration panel shall consult the 
Parties before choosing such experts. Any information obtained 
in this manner must be disclosed to each of the Parties and 
submitted for their comments. Unless the Parties agree 
otherwise, interested natural or legal persons established in 
the Parties are authorised to submit communications in 
writing to the arbitration panels in accordance with the Rules 
of Procedure. Such communications shall be limited to the 
factual aspects of the dispute and shall not address points of 
law.  
Article 17  
Rules of interpretation  
Any arbitration panel shall interpret the provisions referred to 
in Article 2 in accordance with customary rules of interpre ­
tation of public international law, including the Vienna 
Convention on the Law of Treaties. The rulings of the arbi ­
tration panel cannot add to or diminish the rights and obli ­
gations provided in the provisions referred to in Article 2.  
Article 18  
Arbitration panel decisions and ruling  
1. The arbitration panel shall make every effort to take any 
decision by consensus. Where, nevertheless, a decision cannot 
be arrived at by consensus, the matter at issue shall be decided 
by majority vote. However, in no case dissenting opinions of 
arbitrators shall be published.EN 5.7.2011 Official Journal of the European Union L 176/5
2. Any ruling of the arbitration panel shall be binding on the 
Parties and shall not create any rights or obligations to physical 
or legal persons. The ruling shall set out the findings of fact, the 
applicability of the relevant provisions of the agreements set out 
in Article 2 and the basic rationale behind any findings and 
conclusions that it makes. The subcommittee ‘industry, trade 
and services’ shall make the arbitration panel ruling publicly 
available in its entirety unless it decides not to do so in order 
to ensure the confidentiality of business confidential 
information.  
CHAPTER IV  
GENERAL PROVISIONS  
Article 19  
Lists of arbitrators  
1. The subcommittee ‘industry, trade and services’ shall, no 
later than 6 months after the entry into force of this 
Agreement, establish a list of at least 15 individuals who are 
willing and able to serve as arbitrators. Each of the Parties shall 
propose at least five individuals to serve as arbitrators. The two 
Parties shall also select at least five individuals that are not 
nationals of either Party and who shall act as chairperson to 
the arbitration panel. The subcommittee ‘industry, trade and 
services’ will ensure that the list is always maintained at this 
level.  
2. Arbitrators shall have specialised knowledge or experience 
of law and international trade. They shall be independent, serve 
in their individual capacities and not take instructions from any 
organisation or government, or be affiliated with the 
government of any of the Parties, and shall comply with the 
Code of Conduct annexed to this Agreement.  
3. The subcommittee ‘industry, trade and services’ may 
establish additional lists of at least 15 individuals having a 
sectoral expertise in specific matters covered by the agreements 
referred to in Article 2. Each of the Parties shall propose at least 
five individuals to serve as arbitrators. The two Parties shall also 
select at least five individuals that are not nationals of either 
Party and who shall act as chairperson to the arbitration panel. 
When recourse is made to the selection procedure of 
Article 6(2), the chairpersons of the subcommittee ‘industry, 
trade and services’ may use a sectoral list upon agreement of 
both Parties.  
Article 20  
Relation with WTO obligations  
1. When a Party seeks the settlement of a dispute concerning 
an obligation under the WTO Agreement, it shall have recourse 
to the relevant rules and procedures of the WTO Agreement, 
which apply notwithstanding the provisions of this Agreement.  2. When a Party seeks the settlement of a dispute concerning 
an obligation falling within the scope of this Agreement as 
defined in Article 2, it shall have recourse to the rules and 
procedures of this Agreement.  
3. Unless the Parties otherwise agree, when a Party seeks the 
settlement of a dispute concerning an obligation falling within 
the scope of this Agreement as defined in Article 2, which is 
equivalent in substance to an obligation under the WTO, it shall 
have recourse to the relevant rules and procedures of the WTO 
Agreement, which apply notwithstanding the provisions of this 
Agreement.  
4. Once dispute settlement procedures have been initiated, 
the forum selected in accordance with the paragraphs above, 
if it has not declined its jurisdiction, shall be used to the 
exclusion of the other.  
5. Nothing in this Agreement shall preclude a Party from 
implementing the suspension of obligations authorised by the 
Dispute Settlement Body of the WTO. The WTO Agreement 
shall not be invoked to preclude a Party from suspending obli ­
gations under this Agreement.  
Article 21  
Time limits  
1. All time limits laid down in this Agreement, including the 
limits for the arbitration panels to notify their rulings, shall be 
counted in calendar days from the day following the act or fact 
to which they refer, unless otherwise specified.  
2. Any time limit referred to in this Agreement may be 
modified by mutual agreement of the Parties. The Parties 
undertake to accord sympathetic consideration to requests for 
extensions of any time limit by reason of difficulties faced by 
any Party in complying with the procedures of this Agreement. 
Upon request of a Party, the arbitration panel may modify the 
time limits applicable in the proceedings, taking into account 
the different level of development of the Parties.  
Article 22  
Review and modification of the Agreement  
1. After the entry into force of this Agreement and its 
Annexes, the Association Council may at any time review 
their implementation, with a view to decide their continuation, 
modification or termination.  
2. In this review, the Association Council may consider the 
possibility of creating an Appellate Body common to several 
Euro-Mediterranean Agreements.  
3. The Association Council may decide to modify this 
Agreement and its Annexes.EN L 176/6 Official Journal of the European Union 5.7.2011
Article 23  
Entry into force  
This Agreement will be approved by the Parties in accordance with their own procedures. This Agreement 
shall enter into force on the first day of the second month following the date on which the Parties notify 
each other that the procedures referred to in this Article have been completed.  
Done at Brussels, in duplicate, on the thirteenth day of December in the year two thousand and ten, in the 
Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, 
Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and 
Arabic languages, each of these texts being equally authentic.EN 5.7.2011 Official Journal of the European Union L 176/7
За Европейския  съюз  
Por la Unión Europea  
Za Evropskou unii  
For Den Europæiske Union  
Für die Europäische Union  
Euroopa Liidu nimel  
Για την Ευρωπαϊκή  Ένωση  
For the European Union  
Pour l'Union européenne  
Per l'Unione europea  
Eiropas Savien ības v ārd ā – 
Europos S ąjungos vardu  
Az Európai Unió részér ől 
Għall-Unjoni Ewropea  
Voor de Europese Unie  
W imieniu Unii Europejskiej  
Pela União Europeia  
Pentru Uniunea European ă 
Za Európsku úniu  
Za Evropsko unijo  
Euroopan unionin puolesta  
För Europeiska unionen
  
За Кралство  Мароко  
Por el Reino de Marruecos  
Za Marocké království  
For Kongeriget Marokko  
Für das Königreich Marokko  
Maroko Kuningriigi nimel  
Για το Βασίλειο  του Μαρόκου  
For the Kingdom of Morocco  
Pour le Royaume du Maroc  
Per il Regno del Marocco  
Marokas Karalistes v ārd ā – 
Maroko Karalyst ės vardu  
A Marokkói Királyság részér ől 
Għar-Renju tal-Marokk  
Voor het Koninkrijk Marokko  
W imieniu Królestwa Maroka  
Pelo Reino de Marrocos  
Pentru Regatul Maroc  
Za Marocké krá ľovstvo  
Za Kraljevino Maroko  
Marokon kuningaskunnan puolesta  
För Konungariket Marocko
EN L 176/8 Official Journal of the European Union 5.7.2011
ANNEXES  
ANNEX I:  RULES OF PROCEDURE FOR ARBITRATION  
ANNEX II:  CODE OF CONDUCT FOR MEMBERS OF ARBITRATION PANELS AND MEDIATORSEN 5.7.2011 Official Journal of the European Union L 176/9
ANNEX I  
RULES OF PROCEDURE FOR ARBITRATION  
General provisions  
1. In this Agreement and under these rules:  
‘adviser’ means a person retained by a Party to advise or assist that Party in connection with the arbitration panel 
proceeding;  
‘complaining Party’ means any Party that requests the establishment of an arbitration panel under Article 5 of this 
Agreement;  
‘Party complained against’ means the Party that is alleged to be in violation of the provisions referred to in Article 2 
of this Agreement;  
‘arbitration panel’ means a panel established under Article 6 of this Agreement;  
‘representative of a Party’ means an employee or any person appointed by a government department or agency or 
any other public entity of a Party;  
‘day’ means a calendar day, unless otherwise specified.  
2. The Party complained against shall be in charge of the logistical administration of dispute settlement proceedings, in 
particular the organisation of hearings, unless otherwise agreed. However, the European Union shall bear the 
expenses derived from all organizational matters regarding consultations, mediation and arbitration, with the 
exception of the remuneration and the expenses to be paid to the mediators and arbitrators, which shall be shared.  
Notifications  
3. The Parties and the arbitration panel shall transmit any request, notice, written submission or other document by 
e-mail, with a copy submitted on the same day by facsimile transmission, registered post, courier, delivery against 
receipt, or any other means of telecommunication that provides a record of the sending thereof. Unless proven 
otherwise, a message sent by e-mail and by facsimile shall be deemed to be received on the same date of its sending.  
4. A Party shall provide an electronic copy of each of its written submissions to the other Party and to each of the 
arbitrators. A paper copy of the document shall also be provided.  
5. All notifications shall be addressed to the Foreign Ministry of Morocco and to the Directorate-General for Trade of 
the European Commission, respectively.  
6. Minor errors of a clerical nature in any request, notice, written submission or other document related to the 
arbitration panel proceeding may be corrected by delivery of a new document clearly indicating the changes.  
7. If the last day for delivery of a document falls on an official holiday or rest day of Morocco or of the Union, the 
document may be delivered on the next business day. The Parties shall exchange a list of dates of their official 
holidays and rest days on the first Monday of every December for the following year. No documents, notifications or 
requests of any kind shall be deemed to be received on an official holiday or rest day. Moreover, for the count of all 
time limits laid expressed in this Agreement in terms of working days, only the working days common to both 
parties shall be taken into account.  
8. Depending on the object of the provisions under dispute, all requests and notifications addressed to the sub- 
committee on industry, trade and services in accordance with this Agreement shall also be copied to the other 
relevant sub-committees established under the Association Agreement.  
Commencing the arbitration  
9. (a) If pursuant to Article 6 of this Agreement or to rules 19, 20 or 49 of these Rules of Procedure members of the 
arbitration panel are selected by lot, representatives of both Parties shall be present when lots are drawn.  
(b) Unless the Parties agree otherwise, they shall meet the arbitration panel within seven working days of its 
establishment in order to determine such matters that the Parties or the arbitration panel deem appropriate, 
including the remuneration and expenses to be paid to the arbitrators, which will be in accordance with WTO 
standards. Members of the arbitration panel and representatives of the Parties may take part in this meeting via 
telephone or video conference.EN L 176/10 Official Journal of the European Union 5.7.2011
10. (a) Unless the Parties agree otherwise, within five working days from the date of the selection of the arbitrators, the 
terms of reference of the arbitration panel shall be:  
‘to examine, in the light of the relevant provisions of the agreements referred to in Article 2 of the Agreement on 
Dispute Settlement, the matter referred to in the request for establishment of the arbitration panel, to rule on the 
compatibility of the measure in question with the provisions referred to in Article 2 of the Agreement on Dispute 
Settlement and to make a ruling in accordance with Article 8 of the Agreement on Dispute Settlement.’  
(b) The Parties must notify the agreed terms of reference to the arbitration panel within five working days of their 
agreement.  
Initial submissions  
11. The complaining Party shall deliver its initial written submission no later than 20 days after the date of establishment 
of the arbitration panel. The Party complained against shall deliver its written counter-submission no later than 
20 days after the date of delivery of the initial written submission.  
Working of arbitration panels  
12. The chairperson of the arbitration panel shall preside at all its meetings. An arbitration panel may delegate to the 
chairperson authority to make administrative and procedural decisions.  
13. Unless otherwise provided in this Agreement, the arbitration panel may conduct its activities by any means, including 
telephone, facsimile transmissions or computer links.  
14. Only arbitrators may take part in the deliberations of the arbitration panel, but the arbitration panel may permit its 
assistants to be present at its deliberations.  
15. The drafting of any ruling shall remain the exclusive responsibility of the arbitration panel and must not be delegated.  
16. Where a procedural question arises that is not covered by the provisions of this Agreement and its Annexes, the 
arbitration panel, after consulting the Parties, may adopt an appropriate procedure that is compatible with those 
provisions.  
17. When the arbitration panel considers that there is a need to modify any time limit applicable in the proceedings or to 
make any other procedural or administrative adjustment, it shall inform the Parties in writing of the reasons for the 
change or adjustment and of the period or adjustment needed. The arbitration panel may adopt such change or 
modification after consulting the Parties. The time limits of Article 8 paragraph 2 of this Agreement shall not be 
modified.  
Replacement  
18. If an arbitrator is unable to participate in the proceeding, withdraws, or must be replaced, a replacement shall be 
selected in accordance with Article 6(3).  
19. Where a Party considers that an arbitrator does not comply with the requirements of the Code of Conduct and for 
this reason should be replaced, this Party should notify the other Party within 15 days from the time at which it 
came to know of the circumstances underlying the arbitrator’s material violation of the Code of Conduct.  
Where a Party considers that an arbitrator other than the chairperson does not comply with the requirements of the 
Code of Conduct, the Parties shall consult and, if they so agree, replace the arbitrator and select a replacement 
following the procedure set out in Article 6(3) of this Agreement.  
If the Parties fail to agree on the need to replace an arbitrator, any Party may request that such matter be referred to 
the chairperson of the arbitration panel, whose decision shall be final.  
If the chairperson finds that an arbitrator does not comply with the requirements of the Code of Conduct, she or he 
shall select a new arbitrator by lot among the pool of individuals referred to under Article 19(1) of this Agreement of 
which the original arbitrator was a Member. If the original arbitrator was chosen by the Parties pursuant to 
Article 6(2) of this Agreement, the replacement shall be selected by lot among the pools of individuals that have 
been proposed by the complaining Party and by the Party complained against under Article 19(1) of this Agreement. 
The selection of the new arbitrator shall be done within five working days of the date of the submission of the 
request to the chairperson of the arbitration panel.  
20. Where a Party considers that the chairperson of the arbitration panel does not comply with the requirements of the 
Code of Conduct, the Parties shall consult and, if they so agree, replace the chairperson and select a replacement 
following the procedure set out in Article 6(3) of this Agreement.EN 5.7.2011 Official Journal of the European Union L 176/11
If the Parties fail to agree on the need to replace the chairperson, any Party may request that such matter be referred 
to one of the remaining members of the pool of individuals selected to act as chairpersons under Article 19(1) of this 
Agreement. Her or his name shall be drawn by lot by the chairpersons of the subcommittee ‘industry, trade and 
services’, or the chairpersons’ delegate. The decision by this person on the need to replace the chairperson shall be 
final.  
If this person decides that the original chairperson does not comply with the requirements of the Code of Conduct, 
she or he shall select a new chairperson by lot among the remaining pool of individuals referred to under 
Article 19(1) of this Agreement who may act as chairpersons. This selection of the new chairperson shall be 
done within five working days of the date of the submission of the request referred to in this paragraph.  
21. The arbitration panel proceedings shall be suspended for the period taken to carry out the procedures provided for in 
rules 18, 19 and 20.  
Hearings  
22. The chairperson shall fix the date and time of the hearing in consultation with the Parties and the other members of 
the arbitration panel, and confirm this in writing to the Parties. This information shall also be made publicly available 
by the Party in charge of the logistical administration of the proceedings if the hearing is open to the public. Unless a 
Party disagrees, the arbitration panel may decide not to convene a hearing.  
23. Unless the Parties agree otherwise, the hearing shall be held in Brussels if the complaining Party is Morocco, and in 
Rabat if the complaining Party is the Union.  
24. The arbitration panel may convene one additional hearing only in exceptional circumstances. No additional hearing 
shall be convened for the procedures established under Articles 10(2), 11(2), 12(3) and 13(2) of this Agreement.  
25. All arbitrators shall be present during the entirety of any hearings.  
26. The following persons may attend the hearing, irrespective of whether the proceedings are open to the public or not:  
(a) representatives of the Parties;  
(b) advisers to the Parties;  
(c) administrative staff, interpreters, translators and court reporters; and  
(d) arbitrators’ assistants.  
Only the representatives and advisers of the Parties may address the arbitration panel.  
27. No later than five working days before the date of a hearing, each Party shall deliver to the arbitration panel a list of 
the names of persons who will make oral arguments or presentations at the hearing on behalf of that Party and of 
other representatives or advisers who will be attending the hearing.  
28. The hearings of the arbitration panels shall be open to the public, unless the Parties decide otherwise. If the Parties 
decide that the hearing is closed to the public, part of the hearing may, however, be open to the public if the 
arbitration panel, on application by the Parties, so decides. However the arbitration panel shall meet in closed session 
when the submission and arguments of a Party contains confidential commercial information.  
29. The arbitration panel shall conduct the hearing in the following manner:  
Argument:  
(a) argument of the complaining Party;  
(b) argument of the Party complained against.  
Rebuttal Argument:  
(a) argument of the complaining Party;  
(b) counter-reply of the Party complained against.  
30. The arbitration panel may direct questions to either Party at any time during the hearing.EN L 176/12 Official Journal of the European Union 5.7.2011
31. The arbitration panel shall arrange for a transcript of each hearing to be prepared and delivered as soon as possible 
to the Parties.  
32. Each Party may deliver a supplementary written submission concerning any matter that arose during the hearing 
within 10 working days of the date of the hearing.  
Questions in writing  
33. The arbitration panel may at any time during the proceedings address questions in writing to one or both Parties. 
Each of the Parties shall receive a copy of any questions put by the arbitration panel.  
34. A Party shall also provide a copy of its written response to the arbitration panel’s questions to the other Party. Each 
Party shall be given the opportunity to provide written comments on the other Party’s reply within five working days 
of the date of receipt.  
Confidentiality  
35. The Parties shall maintain the confidentiality of the arbitration panel hearings where the hearings are held in closed 
session, in accordance with rule 28. Each Party shall treat as confidential any information submitted by the other 
Party to the arbitration panel which that Party has designated as confidential. Where a Party submits a confidential 
version of its written submissions to the arbitration panel, it shall also, upon request of the other Party, provide a 
non-confidential summary of the information contained in its submissions that could be disclosed to the public no 
later than 15 days after the date of either the request or the submission, whichever is later. Nothing in these rules 
shall preclude a Party from disclosing statements of its own positions to the public.  
Ex parte contacts  
36. The arbitration panel shall not meet or contact a Party in the absence of the other Party.  
37. No member of the arbitration panel may discuss any aspect of the subject matter of the proceedings with one Party 
or both Parties in the absence of the other arbitrators.  
Amicus curiae submissions  
38. Unless the Parties agree otherwise within 5 days of the date of the establishment of the arbitration panel, the 
arbitration panel may receive unsolicited written submissions, provided that they are made within 10 days of the 
date of the establishment of the arbitration panel, that they are concise and in no case longer than 15 typed pages, 
including any annexes, and that they are directly relevant to the factual issue under consideration by the arbitration 
panel.  
39. The submission shall contain a description of the person making the submission, whether natural or legal, including 
the nature of their activities and the source of its financing, and specify the nature of the interest that the person has 
in the arbitration proceeding. It shall be drafted in the languages chosen by the Parties in accordance with Rules 42 
and 43 of these Rules of Procedure.  
40. The arbitration panel shall list in its ruling all the submissions it has received that conform to the above rules. The 
arbitration panel shall not be obliged to address in its ruling the arguments made in such submissions. Any 
submission obtained by the arbitration panel under this rule shall be submitted to the Parties for their comments.  
Urgent cases  
41. In cases of urgency referred to in this Agreement, the arbitration panel, after consulting the Parties, shall adjust the 
time limits referred to in these rules as appropriate and shall notify the Parties of such adjustments.  
Translation and interpretation  
42. During the consultations referred to in Article 6(2) of this Agreement, and no later than the meeting referred to in 
Rule 9(b) of these Rules of Procedure, the Parties shall endeavour to agree on a common working language for the 
proceedings before the arbitration panel.  
43. If the Parties are unable to agree on a common working language, each Party shall arrange for and bear the costs of 
the translation of its written submissions into the language chosen by the other Party  
44. The Party complained against shall arrange for the interpretation of oral submissions into the languages chosen by 
the Parties.  
45. Arbitration panel rulings shall be notified in the language or languages chosen by the Parties.  
46. Any Party may provide comments on any translated version of a document drawn up in accordance with these rules.EN 5.7.2011 Official Journal of the European Union L 176/13
Calculation of time limits  
47. Where, by reason of the application of rule 7 of these Rules of Procedure, a Party receives a document on a date 
other than the date on which this document is received by the other Party, any period of time that is calculated on 
the basis of the date of receipt of that document shall be calculated from the last date of receipt of that document.  
Other procedures  
48. These Rules of Procedure are also applicable to procedures established under Articles 10(2), 11(2), 12(3) and 13(2) of 
this Agreement. However, the time limits laid down in these Rules of Procedure shall be adjusted in line with the 
special time limits provided for the adoption of a ruling by the arbitration panel in those other procedures.  
49. In the event of the original panel, or some of its members, being unable to reconvene for the procedures established 
under Articles 10(2), 11(2), 12(3) and 13(2) of this Agreement, the procedures set out in Article 6 of this Agreement 
shall apply. The time limit for the notification of the ruling shall be extended by 15 days.EN L 176/14 Official Journal of the European Union 5.7.2011
ANNEX II  
CODE OF CONDUCT FOR MEMBERS OF ARBITRATION PANELS AND MEDIATORS  
Definitions  
1. In this Code of Conduct:  
(a) ‘member’ or ‘arbitrator’ means a member of an arbitration panel effectively established under Article 6 of this 
Agreement;  
(b) ‘mediator’ means a person who conducts a mediation in accordance with Article 4 of this Agreement;  
(c) ‘candidate’ means an individual whose name is on the list of arbitrators referred to in Article 19 of this 
Agreement and who is under consideration for selection as a member of an arbitration panel under Article 6 
of this Agreement;  
(d) ‘assistant’ means a person who, under the terms of appointment of a member, conducts, researches or provides 
assistance to the member;  
(e) ‘proceeding’, unless otherwise specified, means an arbitration panel proceeding under this Agreement;  
(f) ‘staff’, in respect of a member, means persons under the direction and control of the member, other than 
assistants.  
Responsibilities to the process  
2. Every candidate and member shall avoid impropriety and the appearance of impropriety, shall be independent and 
impartial, shall avoid direct and indirect conflicts of interests and shall observe high standards of conduct so that the 
integrity and impartiality of the dispute settlement mechanism is preserved. Former members must comply with the 
obligations established in paragraphs 15, 16, 17 and 18 of this Code of Conduct.  
Disclosure obligations  
3. Prior to confirmation of her or his selection as a member of the arbitration panel under this Agreement, a candidate 
shall disclose any interest, relationship or matter that is likely to affect his or her independence or impartiality or that 
might reasonably create an appearance of impropriety or bias in the proceeding. To this end, a candidate shall make 
all reasonable efforts to become aware of any such interests, relationships and matters.  
4. A candidate or member shall only communicate matters concerning actual or potential violations of this Code of 
Conduct to the subcommittee ‘industry, trade and services’ for consideration by the Parties.  
5. Once selected, a member shall continue to make all reasonable efforts to become aware of any interests, relationships 
or matters referred to in paragraph 3 of this Code of Conduct and shall disclose them. The disclosure obligation is a 
continuing duty which requires a member to disclose any such interests, relationships or matters that may arise 
during any stage of the proceeding. The member shall disclose such interests, relationships or matters by informing 
the subcommittee ‘industry, trade and services’, in writing, for consideration by the Parties.  
Duties of members  
6. Upon selection a member shall perform her or his duties thoroughly and expeditiously throughout the course of the 
proceeding, and with fairness and diligence.  
7. A member shall consider only those issues raised in the proceeding and necessary for a ruling and shall not delegate 
this duty to any other person.  
8. A member shall take all appropriate steps to ensure that his or her assistant and staff are aware of, and comply with, 
paragraphs 2, 3, 4, 5, 16, 17 and 18 of this Code of Conduct.  
9. A member shall not engage in ex parte contacts concerning the proceeding.  
Independence and impartiality of members  
10. A member must be independent and impartial and avoid creating an appearance of impropriety or bias and shall not 
be influenced by self-interest, outside pressure, political considerations, public clamour, and loyalty to a Party or fear 
of criticism.EN 5.7.2011 Official Journal of the European Union L 176/15
11. A member shall not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, 
or appear to interfere, with the proper performance of her or his duties.  
12. A member may not use her or his position on the arbitration panel to advance any personal or private interests and 
shall avoid actions that may create the impression that others are in a special position to influence her or him.  
13. A member may not allow financial, business, professional, family or social relationships or responsibilities to 
influence her or his conduct or judgement.  
14. A member must avoid entering into any relationship or acquiring any financial interest that is likely to affect her or 
his impartiality or that might reasonably create an appearance of impropriety or bias.  
Obligations of former members  
15. All former members must avoid actions that may create the appearance that they were biased in carrying out their 
duties or derived advantage from the decision or ruling of the arbitration panel.  
Confidentiality  
16. No member or former member shall at any time disclose or use any non-public information concerning a proceeding 
or acquired during a proceeding except for the purposes of that proceeding and shall not, in any case, disclose or use 
any such information to gain personal advantage or advantage for others or to adversely affect the interest of others.  
17. A member shall not disclose an arbitration panel ruling or parts thereof prior to its publication in accordance with 
this Agreement.  
18. A member or former member shall not at any time disclose the deliberations of an arbitration panel, or any 
member’s view.  
Expenses  
19. Each member shall keep a record and render a final account of the time devoted to the procedure and of her or his 
expenses.  
Mediators  
20. The disciplines described in this Code of Conduct as applying to members or former members shall apply, mutatis 
mutandis, to mediators.EN L 176/16 Official Journal of the European Union 5.7.2011