on the position to be adopted, on behalf of the European Union, in the Joint CARIFORUM-EU Council of the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, as regards the establishment of a list of Arbitrators

EXPLANATORY MEMORANDUM

1.Subject-matter of the proposal

The present proposal concerns the decision establishing the position to be adopted on behalf of the Union in the Joint CARIFORUM-EU Council of the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, in connection with the envisaged adoption of a Decision concerning the establishment for a list of Arbitrators.

2.Context of the proposal

2.1.The Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part

The Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part (‘the Agreement’) aims to contribute to the reduction and eventual eradication of poverty through the establishment of a trade partnership consistent with the objective of sustainable development, the Millennium Development Goals and the Cotonou Agreement.

The Agreement was signed on 15 October 2008, and is provisionally applied as of 29 December 2008.

The Joint CARIFORUM-EU Council

The Joint CARIFORUM-EU Council shall generally be responsible for the operation and implementation of this Agreement and shall monitor the fulfilment of its objectives. It meets at ministerial level at regular intervals not exceeding a period of two years. In order to attain the objectives of this Agreement, it shall have the power to take decisions in respect of all matters covered by the Agreement. These decisions taken shall be binding on the Parties and the Signatory CARIFORUM States, which shall take all the measures necessary to implement them in accordance with each Party's and Signatory CARIFORUM State's internal rules.

2.3.The envisaged act of the Joint CARIFORUM-EU Council

On 17 November 2017, during its fourth meeting, the Joint CARIFORUM-EU Council is to adopt a Decision regarding the establishment of the list of arbitrators foreseen in article 221 (1) of the Agreement (‘the envisaged act’).

The purpose of the envisaged act is to establish a list of fifteen individuals with specialised knowledge of or experience in law and international trade, and who are willing to serve as arbitrators, as foreseen in Article 221(1) of the Agreement. This step is necessary to implement the dispute settlement provisions of the agreement.

The envisaged act shall become binding on the parties in accordance with Article 221 of the Agreement, which provides: ‘The CARIFORUM-EU Trade and Development Committee shall, no later than three months after the provisional application of this Agreement, establish a list of 15 individuals who are willing and able to serve as arbitrators. Each of the Parties shall select five individuals to serve as arbitrators. The two Parties shall also agree on five individuals that are not nationals of either Party and who shall act as Chairperson to the arbitration panel. The CARIFORUM-EU Trade and Development Committee will ensure that the list is always maintained at this level.’

3.Position to be adopted on behalf of the Union

Article 221(1) of the Agreement foresees the establishment of a list of fifteen individuals with specialised knowledge of or experience in law and international trade, and who are willing to serve as arbitrators. Each of the Parties has selected five individuals and the two Parties have also agreed on five individuals that are not nationals of either Party and who shall act as a Chairperson to the arbitration panel.

The annex of the attached draft Council Decision and the list of arbitrators were agreed with the CARIFORUM side during the sixth Trade and Development Committee meeting that took place in Jamaica on 25 November 2016.

The proposed position to be adopted on behalf of the Union aims at making the envisaged act binding.

4.Legal basis

4.1.Procedural legal basis