Council Decision (EU) 2019/118 of 21 January 2019 on the position to be taken on behalf of the European Union within the Trade and Development Committee established under the Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part, as regards the establishment of a list of arbitrators
Date: 2019-01-21
Institutions: Council of the European Union
Subjects: Southern African Development Community, arbitration, cooperation agreement (EU), economic cooperation, international arbitration, joint body (EU)




L_2019024EN.01002301.xml










28.1.2019   


EN


Official Journal of the European Union


L 24/23








            COUNCIL DECISION (EU) 2019/118
of 21 January 2019
         
on the position to be taken on behalf of the European Union within the Trade and Development Committee established under the Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part, as regards the establishment of a list of arbitrators


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to the proposal from the European Commission,

Whereas:







(1)


The Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part (1) (‘the Agreement’) was signed by the Union and its Member States on 10 June 2016. It has been provisionally applied between the Union, of the one part, and Botswana, Lesotho, Namibia, Eswatini and South Africa, of the other part, since 10 October 2016, and between the Union and Mozambique since 4 February 2018.












(2)


Pursuant to Article 94(1) of the Agreement, the Trade and Development Committee is to establish a list of 21 individuals who are willing and able to serve as arbitrators, no later than three months after the entry into force of the Agreement.












(3)


It is appropriate to establish the position to be taken on the Union's behalf within the Trade and Development Committee concerning the establishment of a list of arbitrators.












(4)


The position of the Union within the Trade and Development Committee should therefore be based on the attached draft Decision,





HAS ADOPTED THIS DECISION:



Article 1
The position to be taken on the Union's behalf within the Trade and Development Committee as regards the establishment of a list of arbitrators shall be based on the draft Decision of the Trade and Development Committee attached to this Decision.


Article 2
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 21 January 2019.


For the Council


The President

F. MOGHERINI
            





(1)  
            OJ L 250, 16.9.2016, p. 3.




DRAFT

DECISION No 1/2019 OF THE TRADE AND DEVELOPMENT COMMITTEE
of …
as regards the establishment of a list of arbitrators


THE TRADE AND DEVELOPMENT COMMITTEE,

Having regard to the Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part (‘the Agreement’), and in particular Articles 94, 100, 103 and 104 thereof,

HAS ADOPTED THIS DECISION:



Article 1
The list of arbitrators provided for in Article 94 of the Agreement, as set out in the Annex to this Decision, is hereby adopted.


Article 2
This Decision shall enter into force on the date of its adoption.




Done at …,


For the Trade and Development Committee


Minister for Trade of


EU representative









ANNEX
LIST OF ARBITRATORS PROVIDED FOR IN ARTICLE 94 OF THE AGREEMENT
Arbitrators selected by the SADC EPA States:






1.


Boitumelo Sendy GOFHAMODIMO










2.


Leonard Moses PHUTI










3.


Tsotetsi MAKONG










4.


Sakeus AKWEENDA










5.


Faizel ISMAIL










6.


Kholofelo Ngokoane KUGLER










7.


Nkululeko J. HLOPHE










8.


Samuel Jay LEVY




Arbitrators selected by the EU:






9.


Jacques BOURGEOIS










10.


Claus-Dieter EHLERMANN










11.


Pieter Jan KUIJPER










12.


Giorgio SACERDOTI










13.


Laurence BOISSON DE CHAZOURNES










14.


Ramon TORRENT










15.


Michael Johannes HAHN










16.


Hélène RUIZ FABRI




Arbitrators jointly selected by the Parties (non-nationals who may act as Chairperson):






17.


Merit JANOW










18.


Ichiro ARAKI










19.


Christian HÄBERLI










20.


Claus VON WOBESER










21.


Daniel MOULIS