Council Decision (EU) 2019/1941 of 18 November 2019 establishing the position to be taken, on behalf of the European Union, in the EPA Committee set up by the Interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part, in connection with the adoption of the list of arbitrators
Date: 2019-11-18
Institutions: Council of the European Union
Subjects: Cameroon, commercial arbitration, cooperation agreement (EU), economic cooperation, interim agreement (EU), international arbitration, joint committee (EU)




L_2019303EN.01002601.xml










25.11.2019   


EN


Official Journal of the European Union


L 303/26








            COUNCIL DECISION (EU) 2019/1941
of 18 November 2019
         
establishing the position to be taken, on behalf of the European Union, in the EPA Committee set up by the Interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part, in connection with the adoption of the list of arbitrators


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)


The Interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part (‘the Agreement’) (1), was initialled on behalf of the Union by Council Decision 2009/152/EC (2). It has been applied on a provisional basis since 4 August 2014.












(2)


In accordance with Article 85(1) of the Agreement, the EPA Committee is required to establish a list of individuals who are willing and able to serve as arbitrators.












(3)


The EPA Committee, at its next annual meeting is to adopt a decision establishing the list of individuals who are willing and able to serve as arbitrators.












(4)


It is appropriate to establish the position to be taken, on behalf of the Union, in the EPA Committee as regards the adoption of the envisaged decision to the extent that that decision will be binding on the Union.












(5)


It is therefore appropriate that the position of the Union in the EPA Committee be based on the attached draft decision,





HAS ADOPTED THIS DECISION:



Article 1
The position to be taken, on behalf of the Union, in the EPA Committee set up by the Interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part, shall be based on the EPA Committee’s draft Decision concerning the adoption of the list of arbitrators, annexed to this Decision.


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




Done at Brussels, 18 November 2019.


For the Council


The President

J. LEPPÄ
            





(1)  
            OJ L 57, 28.2.2009, p. 2.

(2)  Council Decision 2009/152/EC of 20 November 2008 on the signature and provisional application of the interim agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part (OJ L 57, 28.2.2009, p. 1).





DRAFT

            DECISION No …/2019 OF THE EPA COMMITTEE
         
set up by the Interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part,
of …
concerning the adoption of the list of arbitrators


THE EPA COMMITTEE,

Having regard to the Interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part, (the ‘Agreement’), signed in Brussels on 22 January 2009, and applied on a provisional basis since 4 August 2014, and in particular Article 85(1) thereof,

Whereas:







(1)


Under the terms of the Agreement and this Decision, the Central Africa Party is composed of the Republic of Cameroon.












(2)


The Agreement provides that the EPA Committee is to establish a list of 15 individuals who are willing and able to serve as arbitrators in the settlement of disputes that may arise between the Parties,





HAS ADOPTED THIS DECISION:



Article 1

1.   The list of 15 individuals who are willing and able to serve as arbitrators is hereby established in accordance with Article 85(1) of the Agreement and is set out in the Annex to this Decision.


2.   The list of arbitrators referred to in paragraph 1 is established without prejudice to any special rules provided for in the Agreement or which may be decided by the EPA Committee.



Article 2
The list of arbitrators referred to in Article 1 may be amended by a decision of the EPA Committee in accordance with Article 92(4) of the Agreement.


Article 3
This Decision shall enter into force on the date of its signature.




Done at …,


For the Republic of Cameroon


…




For the European Union


…









ANNEX

List of arbitrators (Article 85(1) of the Agreement)

Arbitrators selected by the Central Africa Party (Cameroon):






 


Ms Mildred Alugu BEJUKA – Cameroon










 


Mr Jean Michel MBOCK BIUMLA – Cameroon










 


Mr Henri-Désiré MODI KOKO BEBEY – Cameroon










 


Mr David NYAMSI – Cameroon










 


Mr Sadjo OUSMANOU – Cameroon




Arbitrators selected by the European Union:






 


Mr Jacques BOURGEOIS – Belgium










 


Mr Claus-Dieter EHLERMANN – Germany










 


Mr Pieter Jan KUIJPER – Netherlands










 


Mr Giorgio SACERDOTI – Italy










 


Mr Ramon TORRENT – Spain




Arbitrators jointly selected by the two Parties:






 


Mr Thomas COTTIER – Switzerland










 


Mr Fabien GÉLINAS – Canada










 


Ms Merit E. JANOW – United States










 


Ms Anna KOUYATE – Mali










 


Mr Helge SELAND – Norway