EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 7.2.2007 
COM(2007) 47 final 
2007/0018 (ACC)   
Proposal for a 
COUNCIL DECISION 
on a Community position within the EU -Chile Association Committee on the 
establishment of a list of arbitrators as  required by Article 185 paragraph 2 of the 
Agreement establishing an association be tween the European Community and its 
Member States, of the one part, and the Republic of Chile, of the other part 
(presented by the Commission) 
 
EN 2   EN EXPLANATORY MEMORANDUM  
The EU/Chile Association Agreement ("The Agr eement") includes in its Part IV, Title VIII a 
bilateral Dispute Settlement mechanism. Pursuant to Article 185 paragraph 2 of the 
Agreement, the Association Committee shall estab lish a list of individuals ready to serve as 
arbitrators in the bilateral dispute settleme nt procedures. The Commission and the Chilean 
government have agreed on a list of  fifteen individuals willing and able to serve as  arbitrators. 
As envisaged by the Agreement, this list is co mposed by five EU nationals, five Chilean 
nationals and five third country nationals. The EU-Chile Association Committee should now 
formally adopt this list.  
Furthermore, in order to facilitate the task of ensuring that the list always contains fifteen 
individuals at any point of time, it is proposed th at any updating of this list in the future is 
adopted upon joint written notification by the Pa rties to the Association Committee, once the 
Parties have reached an agreement. The Commission shall agree with the Chilean 
Government on the new list and consult the 133 Committee before the list is notified to 
Association Committee. 
The Commission therefore proposes to the Counc il to adopt the enclosed Council Decision as 
the EU common position on the proposed EU-C hile Association Committee Decision in 
Annex.
 
EN 3   EN 2007/0018 (ACC) 
Proposal for a 
COUNCIL DECISION 
on a Community position within the EU -Chile Association Committee on the 
establishment of a list of arbitrators as  required by Article 185 paragraph 2 of the 
Agreement establishing an association be tween the European Community and its 
Member States, of the one part, and the Republic of Chile, of the other part 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the Eu ropean Community, and in particular Articles 
133 and 300 (2) second subparagraph thereof, 
Having regard to the proposal from the Commission1, 
Whereas: (1) The Agreement establishing an association between the European Community and its 
Member States, on the one part, and th e Republic of Chile, on the other part, 
thereinafter the Association Agreement incl udes in its Part IV, Title VIII a dispute 
settlement mechanism. 
(2) Article 185(2) of the Association Agreemen t invites the Association Committee, no 
later than six months after the entry into for ce of the Agreement, to establish a list of at 
least fifteen individuals who are willi ng and able to serve as arbitrators. 
(3) A list of fifteen arbitrators ha s been agreed by the Parties. 
(4) According to Article 185(2) , the Association Committee sh all ensure that the list 
always contains 15 individuals at any point  in time. Such list may be amended every 
three years. 
(5) In order to facilitate the upda te of the list of arbitrators, a lighter procedure based on a 
written notification to the Associ ation Committee should be envisaged, 
HAS DECIDED AS FOLLOWS: 
Article 1 
The position to be adopted by the Community within the Association Committee on the on the 
establishment of a list of arbitrators as requi red by Article 185 paragraph 2 of the Agreement 
establishing an association between the Europ ean Community and its Member States, of the 
                                                
 
1 OJ C , , p. . 
 
EN 4   EN one part, and the Republic of Chile, of the othe r part, shall be based on the draft Decision of 
the Association Committee a nnexed to this Decision. 
Article 2 
For any future updates of the list of arbitrators adopted on the basis of this Decision of the 
Association Committee, the Commission will seek an agreement with the Chilean 
Government. The Commission will  consult the 133 Committee of th e new list of arbitrators as 
a result of such agreement. Article 1 
Done at Brussels,  
 For the Council 
 The President   
 
EN 5   EN ANNEX  
DRAFT DECISION N°…/2006  
OF THE EU-CHILE A SSOCIATION COMITTEE 
of….. 
on the establishment of a list of arbitrators as required by Article 185 paragraph 2 of the 
Agreement establishing an association be tween the European Community and its 
Member States, of the one part, and the Republic of Chile, of the other part 
THE ASSOCIATION COUNCIL, 
Having regard to the Agreement establishi ng an association between the European 
Community and its Member States, of the one part, and the Republic of Chile, of the other 
part, signed in Brussels on 18 November 2002 (hereinafter referred to as "Association 
Agreement"), and in particular Article 185(2) thereof, 
Whereas: (1) The Agreement establishing an association between the European Community and its 
Member States, of the one part, and the Republic of Chile, of the other part, thereinafter the Association Agreement incl udes in its Part IV, Title VIII a dispute 
settlement mechanism. 
(2) Article 185 paragraph 2 of the Associat ion Agreement invites the Association 
Committee, no later than six months after th e entry into force of the Agreement, to 
establish a list of at least fifteen individuals who are willing and able to serve as arbitrators, a third of whom must not be na tional of either Party and are identified as 
chairperson of arb itration panels.  
(3) A list of fifteen arbitrators ha s been agreed by the Parties. 
(4) According to Article 185 paragraph 2, the A ssociation Committee shall ensure that the 
list always contains fi fteen individuals at any point of time. Such list may be amended 
every three years. 
(5) In order to facilitate any future modification of the list of arbitrators, the Parties shall 
notify in written their mutual agreement in this respect to the Association Committee, 
HAS DECIDED AS FOLLOWS: 
Article 1 
The list of fifteen arbitrators annexed to this Decision, is adopted by the Parties. 
 
EN 6   EN Article  2 
The list annexed to th is Decision should include 15 arb itrators at any in  time. For this 
purpose, this list sh all be updated by mutual agreement betw een the Parties and simple written 
notification to the Association Committee. 
Article  3 
This Decision shall enter into fo rce on the day of its adoption. 
Done at… 
 For the Association Committee 
 The President  
 
EN 7   EN CHILE-EU Dispute Settlement Mechanism  
List of arbitrators  
Chilean arbitrators:  
 
Osvaldo Rosales 
Eliel Hasson Sebastian Saez Ernesto Tironi Carlos Eugenie Jorquiera   
EU arbitrators: 
 
 
Claus Dieter Ehlerman 
Jacques Bourgeois Claudio Dordi Peter Kleen Ramon Torrent Macau   
Third countries' arbitrators: 
 
 
Miguel Rodriguez Mendoza (Venezuela) 
Germain Denis (Canada) Florentino Feliciano (Philippines) Bill Davey (United States)  Crawford Falconer (New Zealand)