COUNCIL DECISION (EU) 2020/680

of 18 May 2020

on the position to be taken on behalf of the European Union in the Committee on Services and Investment established under the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part, as regards the adoption of a code of conduct for Members of the Tribunal, Members of the Appellate Tribunal and mediators

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the European Commission,

Whereas:

(1) Council Decision (EU) 2017/37 (1) provides for the signing on behalf of the European Union of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part (2) (‘the Agreement’). The Agreement was signed on 30 October 2016.

(2) Council Decision (EU) 2017/38 (3) provides for the provisional application of parts of the Agreement, including the establishment of the Committee on Services and Investment. The Agreement has been provisionally applied since 21 September 2017.

(3) Pursuant to Article 26.2.4 of the Agreement, the Committee on Services and Investment may take decisions when the Agreement so provides.

(4) In accordance with Article 8.44.2 of the Agreement, the Committee on Services and Investment is to adopt a decision on a code of conduct for Members of the Tribunal, Members of the Appellate Tribunal and mediators to be applied in disputes arising out of Chapter Eight (Investment) of the Agreement.

(5) It is therefore appropriate to establish the position to be taken on the Union’s behalf in the Committee on Services and Investment on the basis of the draft decision of the Committee on Services and Investment on a code of conduct in order to ensure the effective implementation of the Agreement,

HAS ADOPTED THIS DECISION:

Article 1 The position to be taken on behalf of the European Union in the Committee on Services and Investment as regards the adoption of a code of conduct for Members of the Tribunal, Members of the Appellate Tribunal and mediators shall be based on the draft decision of the Committee on Services and Investment (4).

Article 2 This Decision shall enter into force on the date of entry into force of the Agreement.

Done at Brussels, 18 May 2020. For the Council The President G. GRLIĆ RADMAN

(1) Council Decision (EU) 2017/37 of 28 October 2016 on the signing on behalf of the European Union of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part (OJ L 11, 14.1.2017, p. 1).

(2) OJ L 11, 14.1.2017, p. 23.

(3) Council Decision (EU) 2017/38 of 28 October 2016 on the provisional application of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part (OJ L 11, 14.1.2017, p. 1080).

(4) See document ST 6966/20 on http://register.consilium.europa.eu