Source: EURLEX
Language: en
Format: md

**Council of the**
**European Union**

**Interinstitutional File:**

**2021/0092(NLE)**

**PROPOSAL**

**Brussels, 12 April 2021**
**(OR. en)**

**7764/21**
**ADD 1**

**WTO 95**
**COLAC 25**

From: Secretary-General of the European Commission, signed by Ms Martine
DEPREZ, Director

To: Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council
of the European Union

No. Cion doc.: COM(2021) 173 final

Subject: ANNEX to the Proposal for a Council Decision on the position to be
taken, on behalf of the European Union, in the Trade Committee of the
Trade Agreement between the European Union and its Member States,
of the one part, and Colombia, Peru and Ecuador, of the other part, as
regards the amendments to Decisions No 1/2014, No 2/2014, No
3/2014, No 4/2014 and No 5/2014 of the Trade Committee to take
account of the accession of Ecuador to the Trade Agreement and to
update the lists of arbitrators and of experts in Trade and Sustainable
Development

Delegations will find attached document COM(2021) 173 final.

Encl.: COM(2021) 173 final

7764/21 ADD 1 BK/asz

## RELEX.1.A EN

EUROPEAN

COMMISSION

**ANNEX**

**to the**

Brussels, 12.4.2021
COM(2021) 173 final

ANNEX

**Proposal for a Council Decision**

**on the position to be taken, on behalf of the European Union, in the Trade Committee of**

**the Trade Agreement between the European Union and its Member States, of the one**
**part, and Colombia, Peru and Ecuador, of the other part, as regards the amendments to**

**Decisions No 1/2014, No 2/2014, No 3/2014, No 4/2014 and No 5/2014 of the Trade**
**Committee to take account of the accession of Ecuador to the Trade Agreement and to**

**update the lists of arbitrators and of experts in Trade and Sustainable Development**

# **EN EN**

**DRAFT**

**DECISION 2/2021 OF THE EU-COLOMBIA-PERU-ECUADOR TRADE**

**COMMITTEE**

**of XXX**

**amending Decisions No 1/2014, No 2/2014, No 3/2014, No 4/2014 and No 5/2014 to take**

**account of the accession of Ecuador to the Trade Agreement between the European**
**Union and its Member States, of the one part, and Colombia, Peru and Ecuador, of the**
**other part, and to update the lists of arbitrators and of experts in Trade and Sustainable**

**Development**

THE TRADE COMMITTEE,

Having regard to the Trade Agreement between the European Union and its Member States,
of the one part, and Colombia, Peru and Ecuador, of the other part (hereinafter ‘the Trade
Agreement’), and in particular Article 13 thereof,

Whereas:

(1) In accordance with Article 13(2), point (g)(vi), of the Agreement, the Trade
Committee may advance in the achievement of the objectives of the Agreement by
means of modifications provided for therein, of, other provisions subject to
modifications by the Trade Committee pursuant to an explicit provision of the
Agreement. Pursuant to Article 13(5) of the Agreement, in the exercise of any of the
functions set out in that Article, the Trade Committee may adopt any decision as
envisaged in the Agreement.

(2) Decision No 1/2014 provided for the adoption of its Rules of Procedure pursuant to
Article 13(1), point (j), of the Agreement.

(3) Decision No 2/2014 provided for the adoption of the Rules of Procedure and Code of
Conduct for arbitrators pursuant to Article 13(1), point (h), and Article 315 of the
Agreement.

(4) Decision No 3/2014 provided for the establishment of the lists of arbitrators pursuant
to Article 304(1) and (4) of the Agreement.

(5) Decision No 4/2014 provided for the adoption of the Rules of Procedure for the Group
of Experts in Trade and Sustainable Development pursuant to Article 284(6) of the
Agreement.

(6) Decision No 5/2014 provided for the establishment of a Group of Experts on issues
covered by the Title on Trade and Sustainable Development pursuant to Article 284(3)
of the Agreement.

(7) In order to take account of the accession of Ecuador to the Trade Agreement and of the
need to update the lists of arbitrators and of experts in Trade and Sustainable
Development, Decisions No 1/2014, No 2/2014, No 3/2014, No 4/2014 and No 5/2014
of the Trade Committee should be amended accordingly,

HAS ADOPTED THIS DECISION:

_Article 1_

The Annex to Decision No 1/2014 of the EU-Colombia-Peru Trade Committee of 16 May
2014 on the adoption of the Rules of Procedure referred to in point (j) of Article 13(1) of the

# EN 1 EN

Trade Agreement between the European Union and its Member States, of the one part, and
Colombia and Peru, of the other part [2015/1045], is amended as follows:

(1) Article 1 is amended as follows:

(a) paragraph 1 is replaced by the following:

ʽ1. The Trade Committee that is established in accordance with Article 12 of the
Trade Agreement between the European Union and its Member States, of the one
part, and Colombia, Peru and Ecuador, of the other part (‘the Agreement’), shall
perform its duties as provided for in Article 12 of the Agreement and take
responsibility for the operation and correct application of the Agreement.ʼ,

(b) paragraph 3 is replaced by the following:

ʽ3. The Trade Committee shall be chaired on a rotational basis for a period of one
year by the Minister for Trade, Industry and Tourism of Colombia, the Minister for
Foreign Trade and Tourism of Peru, the Minister of Production, Foreign Trade,
Investment and Fisheries of Ecuador, or the Member of the European Commission
responsible for Trade. The first period shall begin on the date of the first Trade
Committee meeting and end on 31 December of the same year. The Chairperson may
arrange to be represented by respective designees as provided for in Article 12(2) of
the Agreement.ʼ;

(2) in Article 3, paragraph 1 is replaced by the following:

ʽ1. The Trade Committee shall meet once a year or at the request of either Party, as
provided for in Article 12(2) of the Agreement. The meetings shall be held on a
rotational basis, in Bogota, Brussels, Lima and Quito, unless the Parties agree
otherwise.ʼ.

_Article 2_

The Annex to Decision No 2/2014 of the EU-Colombia-Peru Trade Committee of 16 May
2014 on the adoption of the Rules of Procedure and Code of Conduct for arbitrators, referred
to in point (h) of Article 13(1) and Article 315 of the Trade Agreement between the European
Union and its Member States, of the one part, and Colombia and Peru, of the other part

[2015/1046], is amended as follows:

(1) in Rule 1, point (a) is replaced by the following:

‘(a) ‘the Agreement’ means the Trade Agreement between Colombia and Peru, of the one
part, and the European Union and its Member States, of the other part, signed in Brussels on
26 June 2012, as amended by the Protocol of Accession of Ecuador to the Agreement, signed
on 11 November 2016;’

(2) Rule 7 is replaced by the following:

‘7. If the last day for delivery of a document falls on a legal holiday of Colombia, Peru,
Ecuador or of the EU, the document may be delivered on the next business day.’

(3) Rule 33 is replaced by the following:

‘33. Unless the disputing parties agree otherwise, the hearing shall be held in Brussels if the
complaining Party is Colombia, Peru or Ecuador and in Bogota, Lima or Quito, as the case
may be, if the complaining Party is the EU.’

# EN 2 EN

_Article 3_

The Annex to Decision No 3/2014 of the EU-Colombia-Peru Trade Committee of 16 May
2014, establishment of the lists of arbitrators, referred to in Article 304(1) and (4) of the Trade
Agreement between the European Union and its Member States, of the one part, and
Colombia and Peru, of the other part [2015/1047], is amended as follows:

(1) the ‘List of arbitrators referred to in Article 304(1) of the Agreement’ is amended as
follows:

(a) in the list of ‘Arbitrators proposed by Colombia’, points 2 and 3 are replaced by
the following:

ʻ2. Javier Gamboa

3. Claudia Orozco’,

(b)the following list is inserted between the list of ‘Arbitrators proposed by
Colombia’ and the list of ‘Arbitrators proposed by the EU’:

‘Arbitrators proposed by Ecuador

1. Hugo Perezcano Díaz

2. Alejandro Sánchez

3. Carlos Vejar

4. Alan Yanovich

5. Andrés Jana’,

(c) in the list of ‘Arbitrators proposed by Peru’, points 4 and 5 are replaced by the
following:

ʽ4. Victor Saco

5. Javier Hernando Illescas Mucha’,

(d) in the list of ‘Chairpersons’, point 2 is replaced by the following:

ʻ2. Pedro Negueloaetcheverry (Ecuador)’

(2) the ‘Additional list of arbitrators with sectorial experience on specific subjects
covered by the agreement referred to in Article 304(4) of the Agreement’ is amended
as follows:

(a) under the heading ‘Trade in Goods experts’, the following list is inserted between
the list of ‘Arbitrators proposed by Colombia’ and the list of ‘Arbitrators proposed
by the EU’:

‘Arbitrators proposed by Ecuador

1. Pablo Bentes

2. Jan Bohanes

3. Sofía Bonilla’,

(b) under the heading ‘Experts in areas of Trade in Services, Establishments,
Competition, Intellectual Property Rights or Government Procurement’, the
following list is inserted between the list of ‘Arbitrators proposed by Colombia’ and
the list of ‘Arbitrators proposed by the EU’:

# EN 3 EN

‘Arbitrators proposed by Ecuador

1. Gustavo Guerra

2. Alfredo Corral

3. Genaro Eguiguren’,

(c) under the heading ‘Experts in areas of Trade in Services, Establishments,
Competition, Intellectual Property Rights or Government Procurement’, in the List of
Chairpersons, point 2 is replaced by the following:

ʻ2. Tania Voonʼ

_Article 4_

The Annex to Decision No 4/2014 of the EU-Colombia-Peru Trade Committee of 16 May
2014 on the adoption of the Rules of Procedure for the Group of Experts in Trade and
Sustainable Development referred to in Article 284(6) of the Trade Agreement between the
European Union and its Member States, of the one part, and Colombia and Peru, of the other
part [2015/1048], is amended as follows:

(1) in Rule 1, point (a) is replaced by the following:

ʽ(a) ‘the Agreement’ means the Trade Agreement between Colombia and Peru, of

the one part, and the European Union and its Member States, of the other part,
signed on 26 June 2012, as amended by the Protocol of Accession of Ecuador
to the Agreement, signed on 11 November 2016.’

_Article 5_

The Annex to Decision No 5/2014 of the EU-Colombia-Peru Trade Committee of 16 May
2014, establishing a Group of Experts on issues covered by the Title on Trade and Sustainable
Development, referred to in Article 284(3) of the Trade Agreement between the European
Union and its Member States, of the one part, and Colombia and Peru, of the other part

[2015/1049], is amended as follows:

(1) in the ‘List of experts’, the following points 13, 14, 15 and 16 are added:

‘13. María Amparo Albán

14. Alice Tipping

15. Leopoldo González

16. Fabián Jaramillo’;

(2) in the list of ‘Chairpersons’, the following points 7 and 8 are added:

‘7. Jacob Olander

8. Martín Padulla’.

_Article 6_

This Decision shall enter into force on […].

This Decision shall be drawn up in the official languages of the Parties to the Agreement,
each of these texts being equally authentic

# EN 4 EN

Done at […]

_For the Trade Committee_

# EN 5 EN