CELEX: 22011A0705(01)
Language: en
Date: 2010-12-13 00:00:00
Title: Agreement between the European Union and the Kingdom of Morocco establishing a dispute settlement mechanism

L 176/2                 EN                            Official Journal of the European Union                                            5.7.2011
                                                                    AGREEMENT
               between the European Union and the Kingdom of Morocco establishing a dispute settlement
                                                                      mechanism
               THE EUROPEAN UNION, hereinafter referred to as ‘the Union’,
               of the one part, and
               THE KINGDOM OF MOROCCO, hereinafter referred to as ‘Morocco’,
               of the other part,
               HAVE AGREED AS FOLLOWS:
                               CHAPTER I                                                                  CHAPTER II
                       OBJECTIVE AND SCOPE                                                  CONSULTATIONS AND MEDIATION
                                Article 1                                                                   Article 3
                               Objective                                                                Consultations
The objective of this Agreement is to avoid and settle any trade              1.    The Parties shall endeavour to resolve any difference
dispute between the Parties with a view to arrive at, where                   regarding the interpretation and application of the provisions
possible, a mutually agreed solution.                                         referred to in Article 2 by entering into consultations in good
                                                                              faith with the aim of reaching a prompt, equitable and mutually
                                                                              agreed solution. In these consultations, the Parties will also
                                Article 2                                     discuss the impact that the alleged breach would have on
                                                                              their trade.
                 Application of the Agreement
1.     The provisions of this Agreement apply with respect to
any dispute concerning an alleged violation of the provisions of              2.    A Party shall seek consultations by means of a written
Title II (with the exception of Article 24) of the Euro-Medi­                 request to the other Party, copied to the subcommittee ‘industry,
terranean Agreement establishing an association between the                   trade and services’, identifying any measure at issue and the
European Communities and their Member States, of the one                      provisions of the agreements referred to in Article 2 that it
part, and the Kingdom of Morocco, of the other part (here­                    considers breached.
inafter ‘the association Agreement’) (1) or of the Agreement in
the form of an Exchange of Letters between the European
Union and the Kingdom of Morocco concerning reciprocal
                                                                              3.    Consultations shall be held within 40 days of the date of
liberalisation measures on agricultural products, processed agri­
                                                                              receipt of the request and take place, unless the Parties agree
cultural products, fish and fishery products, the replacement of
                                                                              otherwise, on the territory of the Party complained against. The
protocols 1, 2 and 3 and their Annexes and amendments to the
                                                                              consultations shall be deemed concluded within 60 days of the
Euro-Mediterranean Agreement establishing an association
                                                                              date of receipt of the request, unless both Parties agree to
between the European Communities and their Member States,
                                                                              continue consultations. Consultations, in particular all
of the one part, and the Kingdom of Morocco, of the other part.
                                                                              information disclosed and positions taken by the Parties
The procedures of this Agreement shall apply if, 60 days after a
                                                                              during these proceedings, shall be confidential, and without
dispute has been referred to the Association Council pursuant
                                                                              prejudice to the rights of either Party in any further proceedings.
to Article 86 of the Association Agreement, the Association
Council has failed to settle the dispute.
                                                                              4.    Consultations on matters of urgency, including those
2.     Article 86 of the Association Agreement applies to                     regarding perishable or seasonal goods shall be held within
disputes relating to the application and interpretation of other              15 days of the date of receipt of the request, and shall be
provisions of the Association Agreement.                                      deemed concluded within 30 days of the date of receipt of
                                                                              the request.
3.     For the purposes of paragraph 1, a dispute shall be
deemed to be resolved when the Association Council has                        5.    If the Party to which the request is made does not respond
taken a decision as provided for in Article 86.2 of the                       to the request for consultations within 20 working days of the
Association Agreement, or when it has declared that there is                  date of its receipt, or if consultations are not held within the
no longer a dispute.                                                          timeframes laid down in paragraph 3 or in paragraph 4
                                                                              respectively, or if consultations have been concluded and no
(1) The provisions of this Agreement are without prejudice to Article 34      agreement has been reached on a mutually agreed solution,
    of the Protocol concerning the definition of the concept of ‘orig­        the complaining Party may request the establishment of an
    inating products’ and methods of administrative cooperation.              arbitration panel in accordance with Article 5.
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                               Article 4                                                                CHAPTER III
                             Mediation                                                     DISPUTE SETTLEMENT PROCEDURES
1.    If consultations fail to produce a mutually agreed solution,                                       SECTION I
the Parties may, by mutual agreement, seek recourse to a
mediator. Any request for mediation must be made in writing                                        Arbitration procedure
to Party complained against and the subcommittee ‘industry,                                               Article 5
trade and services’ and state any measure which has been the
subject of consultations as well as the mutually agreed terms of                         Initiation of the arbitration procedure
reference for the mediation. Each Party undertakes to accord                1.     Where the Parties have failed to resolve the dispute by
sympathetic consideration to requests for mediation.                        recourse to consultations as provided for in Article 3, or by
                                                                            recourse to mediation as provided for in Article 4, the
                                                                            complaining Party may request the establishment of an arbi­
                                                                            tration panel.
2.    Unless the Parties agree on a mediator within 10 working
days of the date of receipt of the request for mediation, the
chairpersons of the subcommittee ‘industry, trade and services’,
                                                                            2.     The request for the establishment of an arbitration panel
or the chairpersons’ delegate, shall select by lot a mediator from
                                                                            shall be made in writing to the Party complained against and
the pool of individuals who are on the list referred to in
                                                                            the subcommittee ‘industry, trade and services’. The
Article 19 and are not nationals of either Party. The selection
                                                                            complaining Party shall identify in its request the specific
shall be made within 15 working days of the date of receipt of
                                                                            measure at issue, and it shall explain how such measure
the request for mediation. The mediator will convene a meeting
                                                                            constitutes a breach of the provisions referred to in Article 2.
with the Parties no later than 30 days after being selected. The
                                                                            The establishment of an arbitration panel shall be requested no
mediator shall receive the submissions of each Party no later
                                                                            later than 18 months from the date of receipt of the request for
than 15 days before the meeting and may request additional
                                                                            consultations, without prejudice to the rights of the
information from the Parties or from experts or technical
                                                                            complaining Party to request new consultations on the same
advisors as she or he deems necessary. Any information
                                                                            matter in the future.
obtained in this manner must be disclosed to each of the
Parties and submitted for their comments. The mediator shall
notify an opinion no later than 45 days after having been
selected.                                                                                                 Article 6
                                                                                         Establishment of the arbitration panel
                                                                            1.     An arbitration panel shall be composed of three arbi­
3.    The mediator’s opinion may include one or more recom­                 trators.
mendations on how to resolve the dispute consistent with the
provisions referred to in Article 2. The mediator’s opinion is
non-binding.                                                                2.     Within 10 working days of the date of receipt by the
                                                                            Party complained against of the request for the establishment
                                                                            of an arbitration panel, the Parties shall consult in order to
                                                                            reach an agreement on the composition of the arbitration panel.
4.    The Parties may agree to amend the time limits referred to
in paragraph 2. The mediator may also decide to amend these
time limits upon request of any of the Parties, given the                   3.     In the event that the Parties are unable to agree on its
particular difficulties experienced by the Party concerned or               composition within the time frame laid down in paragraph 2,
the complexities of the case.                                               either Party may request the chairpersons of the subcommittee
                                                                            ‘industry, trade and services’, or the chairpersons’ delegate, to
                                                                            select all three members by lot from the list established under
                                                                            Article 19, one among the individuals proposed by the
5.    The proceedings involving mediation, in particular the                complaining Party, one among the individuals proposed by
mediator’s opinion and all information disclosed and positions              the Party complained against and one among the individuals
taken by the Parties during these proceedings, shall be confi­              selected by the Parties to act as chairperson. Where the Parties
dential, and without prejudice to the rights of either Party in             agree on one or more of the members of the arbitration panel,
any further proceedings.                                                    any remaining members shall be selected by the same
                                                                            procedure.
6.    If the Parties agree, procedures for mediation may                    4.     The chairpersons of the subcommittee ‘industry, trade and
continue while the arbitration procedure proceeds.                          services’, or the chairpersons’ delegate, shall select the arbitrators
                                                                            within five working days of the request referred to in
                                                                            paragraph 3.
7.    Replacement of a mediator shall take place only for the
reasons and according to the procedures detailed in rules 18 to             5.     The date of establishment of the arbitration panel shall be
21 of the Rules of Procedure.                                               the date on which the three arbitrators are selected.
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6.    Replacement of arbitrators shall take place only for the                                         Article 10
reasons and according to the procedures detailed in rules 18 to
21 of the Rules of Procedure.                                                     The reasonable period of time for compliance
                                                                          1.    No later than 30 days after the receipt of the notification
                                                                          of the arbitration panel ruling to the Parties, the Party
                             Article 7                                    complained against shall notify the complaining Party and the
                                                                          subcommittee ‘industry, trade and services’ of the time it will
                      Interim panel report
                                                                          require for compliance (reasonable period of time), if immediate
The arbitration panel shall issue an interim report to the Parties        compliance is not possible.
setting out the findings of fact, the applicability of relevant
provisions and the basic rationale behind any findings and
recommendations that it makes, not later than 120 days from               2.    If there is disagreement between the Parties on the
the date of establishment of the arbitration panel. Any Party             reasonable period of time to comply with the arbitration
may submit a written request for the arbitration panel to review          panel ruling, the complaining Party shall, within 20 days of
precise aspects of the interim report within 15 days of its               the receipt of the notification made under paragraph 1 by the
notification. The findings of the final panel ruling shall                Party complained against, request in writing the arbitration
include a discussion of the arguments made at the interim                 panel to determine the length of the reasonable period of
review stage.                                                             time. Such request shall be notified simultaneously to the
                                                                          other Party and to the subcommittee ‘industry, trade and
                                                                          services’. The arbitration panel shall notify its ruling to the
                             Article 8                                    Parties and to the subcommittee ‘industry, trade and services’
                    Arbitration panel ruling                              within 30 days from the date of the submission of the request.
1.    The arbitration panel shall notify its ruling to the Parties
and to the subcommittee ‘industry, trade and services’ within
150 days from the date of the establishment of the arbitration            3.    The reasonable period of time may be extended by mutual
panel. Where it considers that this deadline cannot be met, the           agreement of the Parties.
chairperson of the arbitration panel must notify the Parties and
the subcommittee ‘industry, trade and services’ in writing,
stating the reasons for the delay and the date on which the                                            Article 11
panel plans to conclude its work. Under no circumstances
should the ruling be notified later than 180 days from the                Review of any measure taken to comply with the
date of the establishment of the arbitration panel.                                            arbitration panel ruling
                                                                          1.    The Party complained against shall notify the other Party
                                                                          and the subcommittee ‘industry, trade and services’ before the
2.    In cases of urgency, including those involving perishable           end of the reasonable period of time of any measure that it has
or seasonal goods, the arbitration panel shall make every effort          taken to comply with the arbitration panel ruling.
to notify its ruling within 75 days from the date of its estab­
lishment. Under no circumstance should it take longer than
90 days from its establishment. The arbitration panel shall
give a preliminary ruling within 10 days of its establishment             2.    In the event that there is disagreement between the Parties
on whether it deems the case to be urgent.                                concerning the existence or the consistency of any measure
                                                                          notified under paragraph 1 with the provisions referred to in
                                                                          Article 2, the complaining Party may request, in writing, the
3.    The arbitration panel shall, at the request of both Parties,        arbitration panel to rule on the matter. Such request shall
suspend its work at any time for a period agreed by the Parties           identify the specific measure at issue and it shall explain how
not exceeding 12 months and shall resume its work at the end              such measure is inconsistent with the provisions referred to in
of this agreed period at the request of the complaining Party. If         Article 2. The arbitration panel shall notify its ruling within
the complaining Party does not request the resumption of the              90 days of the date of the submission of the request. In cases
arbitration panel’s work before the expiry of the agreed                  of urgency, including those involving perishable or seasonal
suspension period, the procedure shall be terminated. The                 goods, the arbitration panel shall notify its ruling within 45
suspension and termination of the arbitration panel’s work                days of the date of the submission of the request.
are without prejudice to the rights of either Party in another
proceeding on the same matter.
                                                                                                       Article 12
                            SECTION II                                           Temporary remedies in case of non-compliance
                           Compliance                                     1.    If the Party complained against fails to notify any measure
                                                                          taken to comply with the arbitration panel ruling before the
                             Article 9                                    expiry of the reasonable period of time, or if the arbitration
        Compliance with the arbitration panel ruling                      panel rules that the measure notified under Article 1(1) is
                                                                          inconsistent with that Party’s obligations under the provisions
Each Party shall take any measure necessary to comply with the            referred to in Article 2, the Party complained against shall, if so
arbitration panel ruling, and the Parties will endeavour to agree         requested by the complaining Party, present an offer for
on the period of time to comply with the ruling.                          temporary compensation.
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2.     If no agreement on compensation is reached within                                                SECTION III
30 days after the end of the reasonable period of time or of
the arbitration panel ruling under Article 11 that a measure                                      Common provisions
taken to comply is inconsistent with the provisions referred                                             Article 14
to in Article 2, the complaining Party shall be entitled, upon
notification to the other Party and to the subcommittee                                         Mutually agreed solution
‘industry, trade and services’, to suspend obligations arising              The Parties may reach a mutually agreed solution to a dispute
from any provision referred to in Article 2 at a level equivalent           under this Agreement at any time. They shall notify the
to the nullification or impairment caused by the violation. The             subcommittee ‘industry, trade and services’ and the arbitration
complaining Party may implement the suspension 10 working                   panel of any such solution. Upon notification of the mutually
days after the date of receipt of the notification by the Party             agreed solution, the panel shall terminate its work and the
complained against, unless the Party complained against has                 procedure shall be terminated.
requested arbitration under paragraph 3.
                                                                                                         Article 15
3.     If the Party complained against considers that the level of                                Rules of Procedure
suspension is not equivalent to the nullification or impairment
caused by the violation, it may request, in writing, the arbi­              1.    Dispute settlement procedures under Chapter III of this
tration panel to rule on the matter. Such request shall be                  Agreement shall be governed by the Rules of Procedure
notified to the other Party and to the subcommittee ‘industry,              annexed to this Agreement.
trade and services’ before the expiry of the 10 working day
period referred to in paragraph 2. The arbitration panel,
having sought, if appropriate, the opinion of experts, shall                2.    Any meeting of the arbitration panel shall be open to the
notify its ruling on the level of the suspension of obligations             public in accordance with the Rules of Procedure, unless the
to the Parties and to the institutional body responsible for trade          Parties agree otherwise.
matters within 30 days of the date of the submission of the
request. Obligations shall not be suspended until the arbitration
panel has notified its ruling, and any suspension shall be                                               Article 16
consistent with the arbitration panel ruling.
                                                                                           Information and technical advice
                                                                            At the request of a Party, or upon its own initiative, the arbi­
                                                                            tration panel may obtain information it deems appropriate for
4.     The suspension of obligations shall be temporary and                 the arbitration panel proceeding. In particular, the arbitration
shall be applied only until any measure found to be inconsistent            panel also has the right to seek the relevant opinion of experts
with the provisions referred to in Article 2 has been withdrawn             as it deems appropriate. The arbitration panel shall consult the
or amended so as to bring it into conformity with those                     Parties before choosing such experts. Any information obtained
provisions, as established under Article 13, or until the Parties           in this manner must be disclosed to each of the Parties and
have agreed to settle the dispute.                                          submitted for their comments. Unless the Parties agree
                                                                            otherwise, interested natural or legal persons established in
                                                                            the Parties are authorised to submit communications in
                                                                            writing to the arbitration panels in accordance with the Rules
                             Article 13
                                                                            of Procedure. Such communications shall be limited to the
Review of any measure taken to comply after the                             factual aspects of the dispute and shall not address points of
                     suspension of obligations                              law.
1.     The Party complained against shall notify the other Party
and the subcommittee ‘industry, trade and services’ of any                                               Article 17
measure it has taken to comply with the ruling of the arbi­
tration panel and of its request for an end to the suspension of                                 Rules of interpretation
obligations applied by the complaining Party.
                                                                            Any arbitration panel shall interpret the provisions referred to
                                                                            in Article 2 in accordance with customary rules of interpre­
                                                                            tation of public international law, including the Vienna
2.     If the Parties do not reach an agreement on the compati­             Convention on the Law of Treaties. The rulings of the arbi­
bility of the notified measure with the provisions referred to in           tration panel cannot add to or diminish the rights and obli­
Article 2 within 30 days of the date of receipt of the notifi­              gations provided in the provisions referred to in Article 2.
cation, the complaining Party shall request, in writing, the arbi­
tration panel to rule on the matter. Such request shall be
notified simultaneously to the other Party and to the subcom­                                            Article 18
mittee ‘industry, trade and services’. The arbitration panel ruling                     Arbitration panel decisions and ruling
shall be notified to the Parties and to the subcommittee
‘industry, trade and services’ within 45 days of the date of the            1.    The arbitration panel shall make every effort to take any
submission of the request. If the arbitration panel rules that any          decision by consensus. Where, nevertheless, a decision cannot
measure taken to comply is in conformity with the provisions                be arrived at by consensus, the matter at issue shall be decided
referred to in Article 2, the suspension of obligations shall be            by majority vote. However, in no case dissenting opinions of
terminated.                                                                 arbitrators shall be published.
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2.     Any ruling of the arbitration panel shall be binding on the          2.    When a Party seeks the settlement of a dispute concerning
Parties and shall not create any rights or obligations to physical          an obligation falling within the scope of this Agreement as
or legal persons. The ruling shall set out the findings of fact, the        defined in Article 2, it shall have recourse to the rules and
applicability of the relevant provisions of the agreements set out          procedures of this Agreement.
in Article 2 and the basic rationale behind any findings and
conclusions that it makes. The subcommittee ‘industry, trade
and services’ shall make the arbitration panel ruling publicly              3.    Unless the Parties otherwise agree, when a Party seeks the
available in its entirety unless it decides not to do so in order           settlement of a dispute concerning an obligation falling within
to ensure the confidentiality of business confidential                      the scope of this Agreement as defined in Article 2, which is
information.                                                                equivalent in substance to an obligation under the WTO, it shall
                                                                            have recourse to the relevant rules and procedures of the WTO
                                                                            Agreement, which apply notwithstanding the provisions of this
                                                                            Agreement.
                            CHAPTER IV
                      GENERAL PROVISIONS                                    4.    Once dispute settlement procedures have been initiated,
                              Article 19                                    the forum selected in accordance with the paragraphs above,
                                                                            if it has not declined its jurisdiction, shall be used to the
                        Lists of arbitrators                                exclusion of the other.
1.     The subcommittee ‘industry, trade and services’ shall, no
later than 6 months after the entry into force of this
Agreement, establish a list of at least 15 individuals who are              5.    Nothing in this Agreement shall preclude a Party from
willing and able to serve as arbitrators. Each of the Parties shall         implementing the suspension of obligations authorised by the
propose at least five individuals to serve as arbitrators. The two          Dispute Settlement Body of the WTO. The WTO Agreement
Parties shall also select at least five individuals that are not            shall not be invoked to preclude a Party from suspending obli­
nationals of either Party and who shall act as chairperson to               gations under this Agreement.
the arbitration panel. The subcommittee ‘industry, trade and
services’ will ensure that the list is always maintained at this
level.                                                                                                   Article 21
                                                                                                       Time limits
                                                                            1.    All time limits laid down in this Agreement, including the
                                                                            limits for the arbitration panels to notify their rulings, shall be
2.     Arbitrators shall have specialised knowledge or experience           counted in calendar days from the day following the act or fact
of law and international trade. They shall be independent, serve            to which they refer, unless otherwise specified.
in their individual capacities and not take instructions from any
organisation or government, or be affiliated with the
government of any of the Parties, and shall comply with the
Code of Conduct annexed to this Agreement.                                  2.    Any time limit referred to in this Agreement may be
                                                                            modified by mutual agreement of the Parties. The Parties
                                                                            undertake to accord sympathetic consideration to requests for
                                                                            extensions of any time limit by reason of difficulties faced by
                                                                            any Party in complying with the procedures of this Agreement.
3.     The subcommittee ‘industry, trade and services’ may                  Upon request of a Party, the arbitration panel may modify the
establish additional lists of at least 15 individuals having a              time limits applicable in the proceedings, taking into account
sectoral expertise in specific matters covered by the agreements            the different level of development of the Parties.
referred to in Article 2. Each of the Parties shall propose at least
five individuals to serve as arbitrators. The two Parties shall also
select at least five individuals that are not nationals of either                                        Article 22
Party and who shall act as chairperson to the arbitration panel.
When recourse is made to the selection procedure of                                  Review and modification of the Agreement
Article 6(2), the chairpersons of the subcommittee ‘industry,               1.    After the entry into force of this Agreement and its
trade and services’ may use a sectoral list upon agreement of               Annexes, the Association Council may at any time review
both Parties.                                                               their implementation, with a view to decide their continuation,
                                                                            modification or termination.
                              Article 20                                    2.    In this review, the Association Council may consider the
                                                                            possibility of creating an Appellate Body common to several
                Relation with WTO obligations                               Euro-Mediterranean Agreements.
1.     When a Party seeks the settlement of a dispute concerning
an obligation under the WTO Agreement, it shall have recourse
to the relevant rules and procedures of the WTO Agreement,                  3.    The Association Council may decide to modify this
which apply notwithstanding the provisions of this Agreement.               Agreement and its Annexes.
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                                                            Article 23
                                                        Entry into force
         This Agreement will be approved by the Parties in accordance with their own procedures. This Agreement
         shall enter into force on the first day of the second month following the date on which the Parties notify
         each other that the procedures referred to in this Article have been completed.
         Done at Brussels, in duplicate, on the thirteenth day of December in the year two thousand and ten, in the
         Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian,
         Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and
         Arabic languages, each of these texts being equally authentic.
 ---pagebreak--- L 176/8         EN                    Official Journal of the European Union 5.7.2011
        За Европейския съюз
        Por la Unión Europea
        Za Evropskou unii
        For Den Europæiske Union
        Für die Europäische Union
        Euroopa Liidu nimel
        Για την Ευρωπαϊκή Ένωση
        For the European Union
        Pour l'Union européenne
        Per l'Unione europea
        Eiropas Savienības vārdā –
        Europos Sąjungos vardu
        Az Európai Unió részéről
        Għall-Unjoni Ewropea
        Voor de Europese Unie
        W imieniu Unii Europejskiej
        Pela União Europeia
        Pentru Uniunea Europeană
        Za Európsku úniu
        Za Evropsko unijo
        Euroopan unionin puolesta
        För Europeiska unionen
        За Кралство Мароко
        Por el Reino de Marruecos
        Za Marocké království
        For Kongeriget Marokko
        Für das Königreich Marokko
        Maroko Kuningriigi nimel
        Για το Βασίλειο του Μαρόκου
        For the Kingdom of Morocco
        Pour le Royaume du Maroc
        Per il Regno del Marocco
        Marokas Karalistes vārdā –
        Maroko Karalystės vardu
        A Marokkói Királyság részéről
        Għar-Renju tal-Marokk
        Voor het Koninkrijk Marokko
        W imieniu Królestwa Maroka
        Pelo Reino de Marrocos
        Pentru Regatul Maroc
        Za Marocké kráľovstvo
        Za Kraljevino Maroko
        Marokon kuningaskunnan puolesta
        För Konungariket Marocko
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                                                   ANNEXES
         ANNEX I: RULES OF PROCEDURE FOR ARBITRATION
         ANNEX II: CODE OF CONDUCT FOR MEMBERS OF ARBITRATION PANELS AND MEDIATORS
 ---pagebreak--- L 176/10        EN                               Official Journal of the European Union                                              5.7.2011
                                                                  ANNEX I
                                             RULES OF PROCEDURE FOR ARBITRATION
                                                            General provisions
         1. In this Agreement and under these rules:
            ‘adviser’ means a person retained by a Party to advise or assist that Party in connection with the arbitration panel
            proceeding;
            ‘complaining Party’ means any Party that requests the establishment of an arbitration panel under Article 5 of this
            Agreement;
            ‘Party complained against’ means the Party that is alleged to be in violation of the provisions referred to in Article 2
            of this Agreement;
            ‘arbitration panel’ means a panel established under Article 6 of this Agreement;
            ‘representative of a Party’ means an employee or any person appointed by a government department or agency or
            any other public entity of a Party;
            ‘day’ means a calendar day, unless otherwise specified.
         2. The Party complained against shall be in charge of the logistical administration of dispute settlement proceedings, in
            particular the organisation of hearings, unless otherwise agreed. However, the European Union shall bear the
            expenses derived from all organizational matters regarding consultations, mediation and arbitration, with the
            exception of the remuneration and the expenses to be paid to the mediators and arbitrators, which shall be shared.
                                                                Notifications
         3. The Parties and the arbitration panel shall transmit any request, notice, written submission or other document by
            e-mail, with a copy submitted on the same day by facsimile transmission, registered post, courier, delivery against
            receipt, or any other means of telecommunication that provides a record of the sending thereof. Unless proven
            otherwise, a message sent by e-mail and by facsimile shall be deemed to be received on the same date of its sending.
         4. A Party shall provide an electronic copy of each of its written submissions to the other Party and to each of the
            arbitrators. A paper copy of the document shall also be provided.
         5. All notifications shall be addressed to the Foreign Ministry of Morocco and to the Directorate-General for Trade of
            the European Commission, respectively.
         6. Minor errors of a clerical nature in any request, notice, written submission or other document related to the
            arbitration panel proceeding may be corrected by delivery of a new document clearly indicating the changes.
         7. If the last day for delivery of a document falls on an official holiday or rest day of Morocco or of the Union, the
            document may be delivered on the next business day. The Parties shall exchange a list of dates of their official
            holidays and rest days on the first Monday of every December for the following year. No documents, notifications or
            requests of any kind shall be deemed to be received on an official holiday or rest day. Moreover, for the count of all
            time limits laid expressed in this Agreement in terms of working days, only the working days common to both
            parties shall be taken into account.
         8. Depending on the object of the provisions under dispute, all requests and notifications addressed to the sub-
            committee on industry, trade and services in accordance with this Agreement shall also be copied to the other
            relevant sub-committees established under the Association Agreement.
                                                       Commencing the arbitration
         9. (a) If pursuant to Article 6 of this Agreement or to rules 19, 20 or 49 of these Rules of Procedure members of the
                 arbitration panel are selected by lot, representatives of both Parties shall be present when lots are drawn.
            (b) Unless the Parties agree otherwise, they shall meet the arbitration panel within seven working days of its
                 establishment in order to determine such matters that the Parties or the arbitration panel deem appropriate,
                 including the remuneration and expenses to be paid to the arbitrators, which will be in accordance with WTO
                 standards. Members of the arbitration panel and representatives of the Parties may take part in this meeting via
                 telephone or video conference.
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         10. (a) Unless the Parties agree otherwise, within five working days from the date of the selection of the arbitrators, the
                  terms of reference of the arbitration panel shall be:
                  ‘to examine, in the light of the relevant provisions of the agreements referred to in Article 2 of the Agreement on
                  Dispute Settlement, the matter referred to in the request for establishment of the arbitration panel, to rule on the
                  compatibility of the measure in question with the provisions referred to in Article 2 of the Agreement on Dispute
                  Settlement and to make a ruling in accordance with Article 8 of the Agreement on Dispute Settlement.’
             (b) The Parties must notify the agreed terms of reference to the arbitration panel within five working days of their
                  agreement.
                                                              Initial submissions
         11. The complaining Party shall deliver its initial written submission no later than 20 days after the date of establishment
             of the arbitration panel. The Party complained against shall deliver its written counter-submission no later than
             20 days after the date of delivery of the initial written submission.
                                                        Working of arbitration panels
         12. The chairperson of the arbitration panel shall preside at all its meetings. An arbitration panel may delegate to the
             chairperson authority to make administrative and procedural decisions.
         13. Unless otherwise provided in this Agreement, the arbitration panel may conduct its activities by any means, including
             telephone, facsimile transmissions or computer links.
         14. Only arbitrators may take part in the deliberations of the arbitration panel, but the arbitration panel may permit its
             assistants to be present at its deliberations.
         15. The drafting of any ruling shall remain the exclusive responsibility of the arbitration panel and must not be delegated.
         16. Where a procedural question arises that is not covered by the provisions of this Agreement and its Annexes, the
             arbitration panel, after consulting the Parties, may adopt an appropriate procedure that is compatible with those
             provisions.
         17. When the arbitration panel considers that there is a need to modify any time limit applicable in the proceedings or to
             make any other procedural or administrative adjustment, it shall inform the Parties in writing of the reasons for the
             change or adjustment and of the period or adjustment needed. The arbitration panel may adopt such change or
             modification after consulting the Parties. The time limits of Article 8 paragraph 2 of this Agreement shall not be
             modified.
                                                                  Replacement
         18. If an arbitrator is unable to participate in the proceeding, withdraws, or must be replaced, a replacement shall be
             selected in accordance with Article 6(3).
         19. Where a Party considers that an arbitrator does not comply with the requirements of the Code of Conduct and for
             this reason should be replaced, this Party should notify the other Party within 15 days from the time at which it
             came to know of the circumstances underlying the arbitrator’s material violation of the Code of Conduct.
             Where a Party considers that an arbitrator other than the chairperson does not comply with the requirements of the
             Code of Conduct, the Parties shall consult and, if they so agree, replace the arbitrator and select a replacement
             following the procedure set out in Article 6(3) of this Agreement.
             If the Parties fail to agree on the need to replace an arbitrator, any Party may request that such matter be referred to
             the chairperson of the arbitration panel, whose decision shall be final.
             If the chairperson finds that an arbitrator does not comply with the requirements of the Code of Conduct, she or he
             shall select a new arbitrator by lot among the pool of individuals referred to under Article 19(1) of this Agreement of
             which the original arbitrator was a Member. If the original arbitrator was chosen by the Parties pursuant to
             Article 6(2) of this Agreement, the replacement shall be selected by lot among the pools of individuals that have
             been proposed by the complaining Party and by the Party complained against under Article 19(1) of this Agreement.
             The selection of the new arbitrator shall be done within five working days of the date of the submission of the
             request to the chairperson of the arbitration panel.
         20. Where a Party considers that the chairperson of the arbitration panel does not comply with the requirements of the
             Code of Conduct, the Parties shall consult and, if they so agree, replace the chairperson and select a replacement
             following the procedure set out in Article 6(3) of this Agreement.
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             If the Parties fail to agree on the need to replace the chairperson, any Party may request that such matter be referred
             to one of the remaining members of the pool of individuals selected to act as chairpersons under Article 19(1) of this
             Agreement. Her or his name shall be drawn by lot by the chairpersons of the subcommittee ‘industry, trade and
             services’, or the chairpersons’ delegate. The decision by this person on the need to replace the chairperson shall be
             final.
             If this person decides that the original chairperson does not comply with the requirements of the Code of Conduct,
             she or he shall select a new chairperson by lot among the remaining pool of individuals referred to under
             Article 19(1) of this Agreement who may act as chairpersons. This selection of the new chairperson shall be
             done within five working days of the date of the submission of the request referred to in this paragraph.
         21. The arbitration panel proceedings shall be suspended for the period taken to carry out the procedures provided for in
             rules 18, 19 and 20.
                                                                    Hearings
         22. The chairperson shall fix the date and time of the hearing in consultation with the Parties and the other members of
             the arbitration panel, and confirm this in writing to the Parties. This information shall also be made publicly available
             by the Party in charge of the logistical administration of the proceedings if the hearing is open to the public. Unless a
             Party disagrees, the arbitration panel may decide not to convene a hearing.
         23. Unless the Parties agree otherwise, the hearing shall be held in Brussels if the complaining Party is Morocco, and in
             Rabat if the complaining Party is the Union.
         24. The arbitration panel may convene one additional hearing only in exceptional circumstances. No additional hearing
             shall be convened for the procedures established under Articles 10(2), 11(2), 12(3) and 13(2) of this Agreement.
         25. All arbitrators shall be present during the entirety of any hearings.
         26. The following persons may attend the hearing, irrespective of whether the proceedings are open to the public or not:
             (a) representatives of the Parties;
             (b) advisers to the Parties;
             (c) administrative staff, interpreters, translators and court reporters; and
             (d) arbitrators’ assistants.
             Only the representatives and advisers of the Parties may address the arbitration panel.
         27. No later than five working days before the date of a hearing, each Party shall deliver to the arbitration panel a list of
             the names of persons who will make oral arguments or presentations at the hearing on behalf of that Party and of
             other representatives or advisers who will be attending the hearing.
         28. The hearings of the arbitration panels shall be open to the public, unless the Parties decide otherwise. If the Parties
             decide that the hearing is closed to the public, part of the hearing may, however, be open to the public if the
             arbitration panel, on application by the Parties, so decides. However the arbitration panel shall meet in closed session
             when the submission and arguments of a Party contains confidential commercial information.
         29. The arbitration panel shall conduct the hearing in the following manner:
             Argument:
             (a) argument of the complaining Party;
             (b) argument of the Party complained against.
             Rebuttal Argument:
             (a) argument of the complaining Party;
             (b) counter-reply of the Party complained against.
         30. The arbitration panel may direct questions to either Party at any time during the hearing.
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         31. The arbitration panel shall arrange for a transcript of each hearing to be prepared and delivered as soon as possible
             to the Parties.
         32. Each Party may deliver a supplementary written submission concerning any matter that arose during the hearing
             within 10 working days of the date of the hearing.
                                                             Questions in writing
         33. The arbitration panel may at any time during the proceedings address questions in writing to one or both Parties.
             Each of the Parties shall receive a copy of any questions put by the arbitration panel.
         34. A Party shall also provide a copy of its written response to the arbitration panel’s questions to the other Party. Each
             Party shall be given the opportunity to provide written comments on the other Party’s reply within five working days
             of the date of receipt.
                                                                 Confidentiality
         35. The Parties shall maintain the confidentiality of the arbitration panel hearings where the hearings are held in closed
             session, in accordance with rule 28. Each Party shall treat as confidential any information submitted by the other
             Party to the arbitration panel which that Party has designated as confidential. Where a Party submits a confidential
             version of its written submissions to the arbitration panel, it shall also, upon request of the other Party, provide a
             non-confidential summary of the information contained in its submissions that could be disclosed to the public no
             later than 15 days after the date of either the request or the submission, whichever is later. Nothing in these rules
             shall preclude a Party from disclosing statements of its own positions to the public.
                                                               Ex parte contacts
         36. The arbitration panel shall not meet or contact a Party in the absence of the other Party.
         37. No member of the arbitration panel may discuss any aspect of the subject matter of the proceedings with one Party
             or both Parties in the absence of the other arbitrators.
                                                          Amicus curiae submissions
         38. Unless the Parties agree otherwise within 5 days of the date of the establishment of the arbitration panel, the
             arbitration panel may receive unsolicited written submissions, provided that they are made within 10 days of the
             date of the establishment of the arbitration panel, that they are concise and in no case longer than 15 typed pages,
             including any annexes, and that they are directly relevant to the factual issue under consideration by the arbitration
             panel.
         39. The submission shall contain a description of the person making the submission, whether natural or legal, including
             the nature of their activities and the source of its financing, and specify the nature of the interest that the person has
             in the arbitration proceeding. It shall be drafted in the languages chosen by the Parties in accordance with Rules 42
             and 43 of these Rules of Procedure.
         40. The arbitration panel shall list in its ruling all the submissions it has received that conform to the above rules. The
             arbitration panel shall not be obliged to address in its ruling the arguments made in such submissions. Any
             submission obtained by the arbitration panel under this rule shall be submitted to the Parties for their comments.
                                                                  Urgent cases
         41. In cases of urgency referred to in this Agreement, the arbitration panel, after consulting the Parties, shall adjust the
             time limits referred to in these rules as appropriate and shall notify the Parties of such adjustments.
                                                        Translation and interpretation
         42. During the consultations referred to in Article 6(2) of this Agreement, and no later than the meeting referred to in
             Rule 9(b) of these Rules of Procedure, the Parties shall endeavour to agree on a common working language for the
             proceedings before the arbitration panel.
         43. If the Parties are unable to agree on a common working language, each Party shall arrange for and bear the costs of
             the translation of its written submissions into the language chosen by the other Party
         44. The Party complained against shall arrange for the interpretation of oral submissions into the languages chosen by
             the Parties.
         45. Arbitration panel rulings shall be notified in the language or languages chosen by the Parties.
         46. Any Party may provide comments on any translated version of a document drawn up in accordance with these rules.
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                                                        Calculation of time limits
         47. Where, by reason of the application of rule 7 of these Rules of Procedure, a Party receives a document on a date
             other than the date on which this document is received by the other Party, any period of time that is calculated on
             the basis of the date of receipt of that document shall be calculated from the last date of receipt of that document.
                                                             Other procedures
         48. These Rules of Procedure are also applicable to procedures established under Articles 10(2), 11(2), 12(3) and 13(2) of
             this Agreement. However, the time limits laid down in these Rules of Procedure shall be adjusted in line with the
             special time limits provided for the adoption of a ruling by the arbitration panel in those other procedures.
         49. In the event of the original panel, or some of its members, being unable to reconvene for the procedures established
             under Articles 10(2), 11(2), 12(3) and 13(2) of this Agreement, the procedures set out in Article 6 of this Agreement
             shall apply. The time limit for the notification of the ruling shall be extended by 15 days.
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                                                                   ANNEX II
                       CODE OF CONDUCT FOR MEMBERS OF ARBITRATION PANELS AND MEDIATORS
                                                                   Definitions
          1. In this Code of Conduct:
             (a) ‘member’ or ‘arbitrator’ means a member of an arbitration panel effectively established under Article 6 of this
                  Agreement;
             (b) ‘mediator’ means a person who conducts a mediation in accordance with Article 4 of this Agreement;
             (c) ‘candidate’ means an individual whose name is on the list of arbitrators referred to in Article 19 of this
                  Agreement and who is under consideration for selection as a member of an arbitration panel under Article 6
                  of this Agreement;
             (d) ‘assistant’ means a person who, under the terms of appointment of a member, conducts, researches or provides
                  assistance to the member;
             (e) ‘proceeding’, unless otherwise specified, means an arbitration panel proceeding under this Agreement;
             (f) ‘staff’, in respect of a member, means persons under the direction and control of the member, other than
                  assistants.
                                                        Responsibilities to the process
          2. Every candidate and member shall avoid impropriety and the appearance of impropriety, shall be independent and
             impartial, shall avoid direct and indirect conflicts of interests and shall observe high standards of conduct so that the
             integrity and impartiality of the dispute settlement mechanism is preserved. Former members must comply with the
             obligations established in paragraphs 15, 16, 17 and 18 of this Code of Conduct.
                                                             Disclosure obligations
          3. Prior to confirmation of her or his selection as a member of the arbitration panel under this Agreement, a candidate
             shall disclose any interest, relationship or matter that is likely to affect his or her independence or impartiality or that
             might reasonably create an appearance of impropriety or bias in the proceeding. To this end, a candidate shall make
             all reasonable efforts to become aware of any such interests, relationships and matters.
          4. A candidate or member shall only communicate matters concerning actual or potential violations of this Code of
             Conduct to the subcommittee ‘industry, trade and services’ for consideration by the Parties.
          5. Once selected, a member shall continue to make all reasonable efforts to become aware of any interests, relationships
             or matters referred to in paragraph 3 of this Code of Conduct and shall disclose them. The disclosure obligation is a
             continuing duty which requires a member to disclose any such interests, relationships or matters that may arise
             during any stage of the proceeding. The member shall disclose such interests, relationships or matters by informing
             the subcommittee ‘industry, trade and services’, in writing, for consideration by the Parties.
                                                              Duties of members
          6. Upon selection a member shall perform her or his duties thoroughly and expeditiously throughout the course of the
             proceeding, and with fairness and diligence.
          7. A member shall consider only those issues raised in the proceeding and necessary for a ruling and shall not delegate
             this duty to any other person.
          8. A member shall take all appropriate steps to ensure that his or her assistant and staff are aware of, and comply with,
             paragraphs 2, 3, 4, 5, 16, 17 and 18 of this Code of Conduct.
          9. A member shall not engage in ex parte contacts concerning the proceeding.
                                                 Independence and impartiality of members
         10. A member must be independent and impartial and avoid creating an appearance of impropriety or bias and shall not
             be influenced by self-interest, outside pressure, political considerations, public clamour, and loyalty to a Party or fear
             of criticism.
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         11. A member shall not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere,
             or appear to interfere, with the proper performance of her or his duties.
         12. A member may not use her or his position on the arbitration panel to advance any personal or private interests and
             shall avoid actions that may create the impression that others are in a special position to influence her or him.
         13. A member may not allow financial, business, professional, family or social relationships or responsibilities to
             influence her or his conduct or judgement.
         14. A member must avoid entering into any relationship or acquiring any financial interest that is likely to affect her or
             his impartiality or that might reasonably create an appearance of impropriety or bias.
                                                    Obligations of former members
         15. All former members must avoid actions that may create the appearance that they were biased in carrying out their
             duties or derived advantage from the decision or ruling of the arbitration panel.
                                                               Confidentiality
         16. No member or former member shall at any time disclose or use any non-public information concerning a proceeding
             or acquired during a proceeding except for the purposes of that proceeding and shall not, in any case, disclose or use
             any such information to gain personal advantage or advantage for others or to adversely affect the interest of others.
         17. A member shall not disclose an arbitration panel ruling or parts thereof prior to its publication in accordance with
             this Agreement.
         18. A member or former member shall not at any time disclose the deliberations of an arbitration panel, or any
             member’s view.
                                                                  Expenses
         19. Each member shall keep a record and render a final account of the time devoted to the procedure and of her or his
             expenses.
                                                                 Mediators
         20. The disciplines described in this Code of Conduct as applying to members or former members shall apply, mutatis
             mutandis, to mediators.