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 between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part
Date: 2007-02-07
Institutions: European Commission
Subjects: Association Council (EU), Chile, appointment of staff, association agreement (EU), settlement of disputes

COMMISSION OF THE EUROPEAN 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 between 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 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

The EU/Chile Association Agreement ("The Agreement") 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 establish a list of individuals ready to serve as 
arbitrators  in  the  bilateral  dispute  settlement  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  composed  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  that  any  updating  of  this  list  in  the  future  is 
adopted upon joint written notification by the Parties 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 Council to adopt the enclosed Council Decision as 
the  EU  common  position  on  the  proposed  EU-Chile  Association  Committee  Decision  in 
Annex.

EN 

2 

   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 between 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 European Community, and in particular Articles 
133 and 300 (2) second subparagraph thereof, 

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

(2) 

The Agreement establishing an association between the European Community and its 
Member  States,  on  the  one  part,  and  the  Republic  of  Chile,  on  the  other  part, 
thereinafter  the  Association  Agreement  includes  in  its  Part  IV,  Title  VIII  a  dispute 
settlement mechanism. 

Article  185(2)  of  the  Association  Agreement  invites  the  Association  Committee,  no 
later than six months after the entry into force of the Agreement, to establish a list of at 
least fifteen individuals who are willing and able to serve as arbitrators. 

(3) 

A list of fifteen arbitrators has been agreed by the Parties. 

(4) 

(5) 

According  to  Article  185(2),  the  Association  Committee  shall  ensure  that  the  list 
always contains 15 individuals at any point in time. Such list may be amended every 
three years. 

In order to facilitate the update of the list of arbitrators, a lighter procedure based on a 
written notification to the Association 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 required by Article 185 paragraph 2 of the Agreement 
establishing an association between the European Community and its Member States, of the 

1 

OJ C , , p. . 

EN 

3 

   EN 

 
                                                 
one part, and the Republic of Chile, of the other part, shall be based on the draft Decision of 
the Association Committee annexed 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 the new list of arbitrators as 
a result of such agreement. Article 1 

Done at Brussels,  

For the Council 
The President 

EN 

4 

   EN 

 
 
 
 
 
ANNEX  

DRAFT DECISION N°…/2006 

OF THE EU-CHILE ASSOCIATION COMITTEE 

of….. 

on the establishment of a list of arbitrators as required by Article 185 paragraph 2 of 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 

THE ASSOCIATION COUNCIL, 

Having  regard  to  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,  signed  in  Brussels  on  18  November  2002  (hereinafter  referred  to  as  "Association 
Agreement"), and in particular Article 185(2) thereof, 

Whereas: 

(1) 

(2) 

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  includes  in  its  Part  IV,  Title  VIII  a  dispute 
settlement mechanism. 

Article  185  paragraph  2  of  the  Association  Agreement  invites  the  Association 
Committee,  no  later  than  six  months  after  the  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 national of either Party and are identified as 
chairperson of arbitration panels.  

(3) 

A list of fifteen arbitrators has been agreed by the Parties. 

(4) 

(5) 

According to Article 185 paragraph 2, the Association Committee shall ensure that the 
list always contains fifteen individuals at any point of time. Such list may be amended 
every three years. 

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: 

The list of fifteen arbitrators annexed to this Decision, is adopted by the Parties. 

Article 1 

EN 

5 

   EN 

 
 
Article 2 

The  list  annexed  to  this  Decision  should  include  15  arbitrators  at  any  in  time.  For  this 
purpose, this list shall be updated by mutual agreement between the Parties and simple written 
notification to the Association Committee. 

Article 3 

This Decision shall enter into force on the day of its adoption. 

Done at… 

For the Association Committee 
The President 

EN 

6 

   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)  

EN 

7 

   EN