CELEX: 52014PC0170
Language: en
Date: 2014-03-24
Title: Proposal for a COUNCIL DECISION on a position to be taken by the European Union within the Trade Committee set up by the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, as regards the adoption of the Rules of Procedure for the Trade Committee, the Rules of Procedure and Code of Conduct for arbitrators, the establishment of the lists of arbitrators and the list of experts of the Group of Experts, and the adoption of the Rules of Procedure for the Group of Experts on Trade and Sustainable Development

|
			
		
		
		52014PC0170
		
			Proposal for a COUNCIL DECISION on a position to be taken by the European Union within the Trade Committee set up by the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, as regards the adoption of the Rules of Procedure for the Trade Committee, the Rules of Procedure and Code of Conduct for arbitrators, the establishment of the lists of arbitrators and the list of experts of the Group of Experts, and the adoption of the Rules of Procedure for the Group of Experts on Trade and Sustainable Development /* COM/2014/0170 final - 2014/0099 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
The Trade
Agreement between the European Union and its Member States, of the one part,
and Colombia and Peru, of the other part (hereinafter referred to as
"Agreement") was signed on 26 June 2012, and it has been
provisionally applied since 1 March 2013 with Peru and since 1 August 2013 with
  Colombia.
Article 13.1(j)
of the Agreement stipulates that the Trade Committee shall adopt its own Rules
of Procedure. 
Articles
13.1(h) and 315 of the Agreement specify that the Trade Committee shall adopt
the Rules of Procedure and Code of Conduct for arbitrators.
Article 304(1)
and (4) of the Agreement requires that the Trade Committee establish a list of
25 individuals to serve as arbitrators and additional lists of 12 individual
with sectorial experience on specific subjects covered by this Agreement.
Article 284 (3)
and (6) of the Agreement requires the Trade Committee to endorse a list of at
least 15 persons with expertise on issues covered by the Trade and Sustainable
Development Title to serve in the Group of Experts and to adopt the Rules of Procedure
of the latter.
The attached
proposal constitutes the proposal for a legal instrument approving the position
that the European Union will be taking in the Trade Committee on the above
mentioned issues.
2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES 
The Rules of Procedure for the Trade
Committee, the Rules of Procedure and Code of Conduct for arbitrators, the list
of individuals to serve as arbitrators, the list of persons with expertise on
issues covered by the Trade and Sustainable Development Title and the Rules of
Procedure for the Group of Experts have been previously discussed and agreed
with Colombia and Peru in the framework of the preparation of the first Trade
Committee for the implementation of the Agreement. The discussions started
immediately after the Agreement has been provisionally applied with Peru in March 2013, however, they could only be finalised after the Agreement was provisionally applied
also with Colombia in August 2013. The final text of this proposal is the
result of these detailed discussions. 
On 30 July 2010 (Trade Policy Committee note
meeting document 452/10) the Commission asked the Member States to submit
candidates for the establishment of the Dispute Settlement rosters. The
proposed EU individuals to serve as arbitrators or experts on the Trade and
Sustainable Development Title for this Agreement have been chosen from the
nominations that were sent by the Member States.
3.           LEGAL ELEMENTS OF THE
PROPOSAL
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, the Commission is
submitting a proposal to the Council for a decision on establishing the
position to be adopted on the Union’s behalf in the Trade Committee set up by this
Agreement.
2014/0099 (NLE)
Proposal for a
COUNCIL DECISION
on a position to be taken by the European
Union within the Trade Committee set up by the Trade Agreement between the
European Union and its Member States, of the one part, and Colombia and Peru,
of the other part, as regards the adoption of the Rules of Procedure for the
Trade Committee, the Rules of Procedure and Code of Conduct for arbitrators,
the establishment of the lists of arbitrators and the list of experts of the
Group of Experts, and the adoption of the Rules of Procedure for the Group of
Experts on Trade and Sustainable Development 
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)       On 19 January 2009, the
Council authorised the Commission to negotiate a multiparty trade agreement on
behalf of the European Union and its Member States with the Member countries of
the Andean Community. 
(2)       These negotiations have
been concluded and the Trade Agreement between the European Union its Member
States, of the one part, and Colombia and Peru, of the other part (hereinafter
referred to as ‘the Agreement’)[1]
was signed on 26 June 2012. 
(3)       Pursuant to Article 330(3)
of the Agreement, the Agreement has been provisionally applied with Peru since 1 March 2013 and with Colombia since 1 August 2013 subject to its conclusion at a later
date.
(4)       Article 12 of the
Agreement establishes a Trade Committee, which shall, inter alia, ensure
that the Agreement operates properly. 
(5)       Article 13.1(j) of the
Agreement provides that the Trade Committee shall adopt its own Rules of Procedures.
(6)       Articles 13.1(h) and 315
of the Agreement provide that the Trade Committee shall adopt at its first
meeting the Rules of Procedure and the Code of Conduct for arbitrators.
(7)       Article 304(1) and (4) of
the Agreement provide that the Trade Committee shall establish at its first
meeting a list of 25 individuals to serve as arbitrators and an additional lists
of 12 individuals with sectorial experience on specific subjects covered by
this Agreement.
(8)       Article 284(3) of the
Agreement provides that the Trade Committee shall endorse at its first meeting
a list of at least 15 persons with expertise on issues covered by the Trade and
Sustainable Development Title to serve in the Group of Experts.
(9)       Article 284(6) of the
Agreement stipulates that the Trade Committee shall adopt at its first meeting Rules
of Procedure for the Group of Experts.
(10)     The Union should determine
the position to be taken as regards the adoption of the Rules of Procedure of
the Trade Committee, the Rules of Procedure and Code of Conduct for
arbitrators, the establishment of the lists of individuals to serve as
arbitrators and of the list of persons with expertise on issues covered by the
Trade and Sustainable Development Title, as well as the adoption of Rules of
Procedure for the Group of Experts,
HAS ADOPTED THIS DECISION: 
Article 1
The position to be taken by the European
Union in the Trade Committee, set up by the Trade Agreement between the
European Union and its Member States, of the one part, and Colombia and Peru,
of the other part, as regards the adoption of the Rules of Procedure of the
Trade Committee, the Rules of Procedure and Code of Conduct for arbitrators,
the establishment of the lists of individuals to serve as arbitrators and the
list of persons with expertise on issues covered by the Trade and Sustainable
Development Title, as well as the adoption of the Rules of Procedure for the
Group of Experts, shall be based on the draft decisions of the Trade Committee annexed
to this Decision. 
Minor changes to the draft Decision may be
agreed to by the representatives of the Union in the Trade Committee without
further decision of the Council. 
Article 2
After its adoption, the Decision of the Trade
Committee shall be published in the Official Journal of the European Union.

Article 3
This
Decision shall enter into force on the date of its adoption.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 354, 21.12.2012.
ANNEX I
DECISION No […] OF THE
EU-COLOMBIA-PERU TRADE COMMITTEE
of […]
on the adoption of the Rules
of Procedure of the Trade Committee referred to in Article 13.1(j) of the Trade
Agreement between the European Union and its Member States, of the one part,
and Colombia and Peru, of the other part
THE TRADE
COMMITTEE,
Having regard to
the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part ("the
Agreement"), signed in Brussels on 26 June 2012, and in particular Article
13.1(j) thereof,
Whereas:
(1)          The Trade Committee shall
adopt its own Rules of Procedure and shall supervise the work of all
specialised bodies established under this Agreement.
(2)          The Trade Committee has
the exclusive authority to evaluate and adopt decisions as envisaged in this
Agreement regarding any subject matter which is referred to it by the specialised
bodies established according to this Agreement, 
HAS ADOPTED THIS
DECISION:
1.           The rules of procedure of
the Trade Committee are established as set out in the Annex. 
2.           This
Decision shall enter into force on …
Done at …      on
…
For the
Trade Committee
 Minister for Trade, Industry and Tourism of Colombia || Commissioner for Trade of the European Commission || Minister for Foreign Trade and Tourism of Peru 
Annex
to the decision No […] of the EU-Colombia-Peru Trade Committee
RULES OF PROCEDURE OF THE TRADE COMMITTEE
Article 1
Composition and
Chair
1.           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 and Peru,
of the other part (“the Agreement”), shall perform its duties as provided for in
Article 12 of the Agreement and take responsibility for operation and correct
application of the Agreement.
2.           As provided for in Article
12.1 of the Agreement, the Trade Committee shall be composed of the
representatives of the EU Party and representatives of each signatory Andean
Country.
3.           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, 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.
4.           The Trade Committee may
meet in sessions where only the EU Party and one signatory Andean Country
participate, regarding matters which relate exclusively to their bilateral
relationship or which has been referred to the Trade Committee after being
discussed within a specialised body in which only these two Parties
participated. Such sessions will be co-chaired by the EU Party and the
signatory Andean Country concerned. Other signatory Andean Countries may
participate in such sessions subject to prior agreement of the EU Party and the
signatory Andean Country concerned.
5.           Reference to the Parties
in this Rules of Procedure is in accordance with the definition provided for in
Article 6 of the Agreement.
Article 2
Representation
1.           A
Party shall notify in writing to the other Parties of the list of its members
of the Trade Committee. The
list shall be administered by the Secretariat of the Trade Committee, as
provided for in Article 6.
2.           A
Party wishing to be represented by an alternate representative shall notify the
other Parties the name of his or her alternate representative before the
meeting at which he or she is to be so represented. The alternate
representative of a member of the Trade Committee shall exercise all the rights
of that member.
Article 3
Meetings
1.           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 and Lima, unless the Parties agree
otherwise.
2.           By way
of exception and if the Parties agree, the meetings of the Trade Committee may
be held by any agreed technological means.
3.           Each
meeting of the Trade Committee shall be convened by the Secretariat of the
Trade Committee at a date and place agreed by the Parties. The convening notice
of the meeting shall be issued by the Secretariat of the Trade Committee to the
members of the Trade Committee no later than 28 days prior to the start of the
session, unless the Parties agree otherwise.
Article 4
Delegation
The members of the
Trade Committee may be accompanied by officials. Before each meeting, the
Parties shall be informed of the intended composition of the delegations
attending the meeting.
Article 5
Observers
The Trade Committee may
decide to invite observers on an ad hoc basis.
Article 6
Secretariat
The coordinators
designated by the Parties, in accordance with Article 16 of the Agreement,
shall jointly act as the Secretariat of the Trade Committee.
Article 7
Documents
Where the deliberations
of the Trade Committee are based on written supporting documents, such
documents shall be numbered and circulated by the Secretariat of the Trade
Committee as documents of the Trade Committee.
Article 8
Correspondence
1.           Correspondence to the
Chairperson of the Trade Committee shall be forwarded to the Secretariat of the
Trade Committee for circulation to the other Parties. 
2.           Correspondence from the
Chairperson of the Trade Committee shall be sent to the recipients by the
Secretariat of the Trade Committee and be numbered and circulated, where appropriate,
to the other Parties. 
3.           For matters which relate
exclusively to a bilateral relationship between the EU Party and one signatory
Andean Country, the correspondence will be done between these two Parties,
keeping the other signatory Andean Countries fully informed, as appropriate.
Article 9
Agenda for the Meetings
1.           A
provisional agenda for each meeting shall be drawn up by the Secretariat of the
Trade Committee on the basis of proposals made by the Parties. It shall be
forwarded, together with the relevant documents, to all the Parties no later
than 14 days before the beginning of the meeting as documents referred to in
Article 7 of these Rules of Procedure. 
2.           The provisional agenda
shall include items in respect of which the Secretariat of the Trade Committee
has received a request for inclusion in the agenda by a Party, together with
the relevant documents, no later than 21 days before the beginning of the
meeting. 
3.           The agenda shall be
adopted by the Trade Committee at the beginning of each meeting. Items other
than those appearing on the provisional agenda may be placed on the agenda if
the Parties so agree. 
4.           The Chairperson of the
Trade Committee may, upon agreement of the other Parties, invite experts to
attend its meetings in order to provide information on specific subjects. 
5.           The Chairperson of the
Trade Committee may, upon agreement of the other Parties, reduce the time
periods specified in paragraphs 1 and 2 in order to take account of the
requirements of a particular case. 
Article 10
Minutes
1.           Draft
minutes of each meeting shall be drawn up by the Secretariat of the Trade
Committee, normally within 21
days from the end of the meeting. The first draft will be prepared by the Party
acting as the Chairperson within 10 days from the end of the meeting.
2.           The
minutes shall, as a general
rule, summarise each item on the agenda, specifying where applicable: 
(a)     the documents submitted to the Trade
Committee; 
(b)     any statement that a member of the
Trade Committee has asked to be entered; and 
(c)     the decisions adopted, recommendations
made, statements agreed upon and conclusions adopted on specific items. 
3.           The
minutes shall also include a list of members of the Trade Committee or their
alternate representatives who took part in the meeting, a list of the members
of the delegations accompanying them and a list of any observers or experts to
the meeting. 
4.           The
minutes shall be approved in writing by the Parties within 28 days of the date
of the meeting. Once approved, copies of the minutes shall be signed by the
Secretariat of the Trade Committee and each of the Parties shall receive one
original copy of these authentic documents. 
Article 11
Decisions and Recommendations
1.           The Trade Committee shall
adopt decisions and recommendations by consensus. 
2.           In the period between
meetings, the Trade Committee may adopt decisions or recommendations by written
procedure if the Parties so agree. For this purpose, the text of the proposal
shall be circulated in writing in a correspondence from the Chairperson to the
members of the Trade Committee pursuant to Article 8, with a time limit no less
than 21 days within which Members must make known any reservations or
amendments they wish to make.
In the course of the written procedure, any
member of the Trade Committee may request by writing to the Chairperson that
the proposal be discussed in the next Trade Committee meeting. Such request
automatically suspends the writing procedure.
A proposal on which no Party has made a
reservation within the time limit set for a written procedure shall stand
adopted by the Trade Committee. The Chairperson of the Trade Committee shall
then inform the Members, upon report from the Secretariat that agreement has
been given by the Parties.
Proposals adopted shall be communicated
pursuant to Article 8 once the time limit has elapsed. Adopted proposals shall
be recorded in the minutes of the next meeting.
3.           Where
the Trade Committee is empowered under the Agreement to adopt decisions or
recommendations, such acts shall be entitled ‘Decision’ or ‘Recommendation’
respectively. The Secretariat of the Trade Committee shall give any decision or recommendation
a serial number, the date of adoption and a description of their
subject-matter. Each decision shall provide for the date of its entry into
force. 
4.           Decisions
and recommendations adopted by the Trade Committee shall be authenticated by
making an authentic copy
signed by the Chairperson of the Trade Committee available for each Party. 
Article 12
Languages
1.           The
official languages of the Trade Committee shall be the official languages of
the Parties.
2.           Unless
otherwise decided, the Trade Committee shall normally base its deliberations on
documentation and proposals prepared in the languages referred to in paragraph
1.
Article 13
Publicity and Confidentiality
1.           Unless otherwise decided,
the meetings of the Trade Committee shall not be public. 
2.           When a Party submits
information considered as confidential under its laws and regulations to the
Trade Committee, specialised committees, working groups or any other bodies,
the Parties shall treat that information as confidential according to the rules
described in Article 290.2 of the Agreement.
3.           Each Party may decide on
the publication of the decisions and recommendations of the Trade Committee in
its respective official publication. 
Article 14
Expenses
1.           Each Party shall meet any
expenses it incurs as a result of participating in the meetings of the Trade
Committee, both with regard to staff, travel and subsistence expenses and with
regard to postal and telecommunications expenses. 
2.           Expenses in connection
with the organisation of meetings and reproduction of documents, shall be borne
by the Party hosting the meeting. 
3.           Expenses in connection
with the interpretation at meetings and translation of documents into or from
Spanish and English shall be borne by the Party hosting the meeting.
Interpretation and translation into or from the other languages shall be borne
by the requesting Party. 
Article 15
Specialised Committees and Working Groups
1.           The Trade Committee shall
be assisted in the performance of its duties by the Specialised Bodies
established under the auspices of the Trade Committee. Unless otherwise
provided by the Agreement or agreed by this Trade Committee or the relevant
specialised body created by the Agreement adopting its decision, the present
rules of procedures shall be applied mutatis mutandis by the specialised
bodies (i.e. sub-committees, working groups, etc.).
2.           The Trade Committee shall
be informed of the contact points designated by each Specialised Body. All
relevant correspondences, documents and communications between the contact
points of each Specialised Body shall be forwarded to the Secretariat of the
Trade Committee simultaneously. 
3.           The Trade Committee at
each regular meeting shall receive reports from each Specialised Body on its
activities. 
4.           Specialised Body may
establish its own rules of procedure, as provided for in the Agreement, which
shall be reported to the Trade Committee.
Article 16
Amendment of Rules of Procedure
The
Rules of Procedure may be amended according to the provisions of
Article 11.
ANNEX II
DECISION No […] OF THE
EU-COLOMBIA-PERU TRADE COMMITTEE
of […]
on the adoption of the
Rules of Procedure and Code of Conduct for arbitrators referred to in Articles
13(1)(h) and 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
THE TRADE
COMMITTEE,            
Having regard to the Trade Agreement between
the European Union and its Member States, of the one part, and
Colombia and Peru, of the other
part ("the
Agreement"), signed in Brussels on 26 June 2012, and in particular
Articles 13.1(h) and 315 thereof,
Whereas:
(1)          The Trade Committee shall
adopt at its first meeting the Rules of Procedure and the Code of Conduct for
arbitrators.
(2)          The Trade Committee has
the exclusive authority to evaluate and adopt decisions as envisaged in this
Agreement regarding any subject matter which is referred to it by the specialised
bodies established according to this Agreement, 
HAS ADOPTED THIS
DECISION:
1.           The Rules of Procedure and
the Code of Conduct for arbitrators are established as set out in the Annex. 
2.           This
Decision shall enter into force on …
Done at …      on …
For the Trade Committee
 Minister for Trade, Industry and Tourism of Colombia || Commissioner for Trade of the European Commission || Minister for Foreign Trade and Tourism of Peru 
Annex
to the decision No […] of the EU-Colombia-Peru Trade Committee
RULES OF PROCEDURE
General Provisions
1.           Pursuant to Title XII (Dispute Settlement) and under these
rules:
(a)     “the
Agreement” means the Trade Agreement between Peru and Colombia, of the one part, and the European Union and its Member States, of the other part,
signed on June 26th, 2012;
(b)     “adviser” means a person retained by a
disputing party to advise or assist that party in connection with the
proceeding before an arbitration panel;
(c)     "arbitrator" means a member
of an arbitration panel effectively established under Article 303
(Establishment of an Arbitration Panel) of the Agreement;
(d)     "assistant" means a person
who, under the terms of appointment by an arbitrator, conducts, researches or
provides assistance to that arbitrator;
(e)     “complaining Party” means any Party
that requests the establishment of an arbitration panel under Article 302
(Initiation of the Arbitration Proceedings) of the Agreement;
(f)     “Party complained against” means the
Party that is alleged to be in violation of the provisions referred to in
Article 299 (Scope of Application) of the Agreement;
(g)     “arbitration panel” means a panel
established under Article 303 (Establishment of an Arbitration Panel) of the
Agreement;
(h)     “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 to the dispute; 
(i)      “day” means a calendar day;
(j)      "third party" means a Party
that is not a disputing party but who participates in the consultations and/or
arbitration proceedings, as the case may be, in accordance with Articles 301 (Consultations),
paragraph 10, and/or 302 (Initiation of Arbitration Proceedings), paragraph 4
of the Title XII (Dispute Settlement) of the Agreement.
2.           The Party complained
against shall be in charge of the logistical administration of dispute
settlement proceedings, in particular the organization of hearings, unless
otherwise agreed. However, both disputing Parties shall share the costs derived
from the organization of the arbitration procedures, including the expenses of
the arbitrators. The arbitration panel may, however, decide
that these administrative costs, with the exception of the expenses of the
arbitrators, be distributed differently taking into account the particulars of
the case and other circumstances that may be deemed relevant.
Notifications
3.           The parties to the dispute
and the arbitration panel shall transmit any request, notice, written
submission or other document by delivery against receipt, registered post,
courier, facsimile transmission, telex, telegram or any other means of
telecommunication that provides a record of the sending thereof.
4.           Each disputing party shall
provide the other disputing party, any third party in the dispute and each of
the arbitrators with a copy of each of its written submissions. A copy of the
document shall also be provided in electronic format. 
5.           All notifications shall be
addressed to the Agreement Coordinators.
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 a legal holiday of Colombia, Peru or of the EU, the document may be delivered on the next business day. 
Initiation
of Arbitration Procedures
8.           When asserting that a
measure constitutes a violation of the provision of the Agreement, in
accordance with paragraph 2 of Article 302 (Initiation of Arbitration
Proceedings), the complaining party shall explain how that measure constitutes
a violation of the provisions of the Agreement in a manner that clearly
presents the legal grounds for the complaint so as to allow the respondent to
present its defense. 
Third
Parties
9.           In accordance with
paragraph 4 of Article 302 (Initiation of Arbitration Proceedings) of the
Agreement, any third party may file a written submission to the arbitration
panel, with copy to the parties to the dispute and any third party.
10.         Any third party may also
participate in the hearing(s) of the arbitration panel and they shall be
invited in writing by the arbitration panel to present their opinions during
such hearing(s).
List
of Arbitrators
11.         When a Party nominates
candidates for the list of arbitrators under Article 304 (List of Arbitrators) of the Agreement, the other Parties may only object to such nominations if such
nominees do not comply with the
requirements set out in paragraph 3 of Article 304 (List of
Arbitrators) of the Agreement and
the Code of Conduct for members of an arbitration panel. 
12.         When any candidate
nominated by a Party is no longer part of the list, such Party shall nominate a
new candidate. In case of candidates for president of the
arbitration panel, the Parties shall agree on a replacement. 
Establishment
of an Arbitration Panel
13.         If
pursuant to Article 303 (Establishment of an Arbitration Panel) of the
Agreement any member of the arbitration panel is
selected by lot, representatives of both disputing parties shall be invited with due anticipation to be present when
lots are drawn. In any event, the lot shall be carried out with any disputing
party present at the time, and within 5 days following the request for the
selection of the arbitrator by the Chairperson of the Trade Committee.
14.         The disputing parties shall
notify arbitrators of their appointment.
15.         An arbitrator who has been
appointed according to the procedure established under Article 303 (Establishment
of an Arbitration Panel) of the Agreement shall notify his/her
acceptance to the Trade Committee within 5 days of the date in which he/she was informed of his/her appointment.
16.         Unless the disputing
parties agree otherwise, these parties shall meet with the arbitration panel
within 7 days of its establishment in order to determine such matters that the
disputing parties or the arbitration panel deem appropriate. In case the Trade
Committee has not established the remuneration and the expenses to be paid to
the arbitrators, such remuneration and expenses shall be determined in
conformity with WTO practice. 
17.         (a)     Unless the disputing
parties agree otherwise, within 5 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 Agreement invoked by the disputing parties, 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 299 (Scope of Application) and to make a ruling in accordance with
Article 307 (Arbitration Panel Ruling) of the Agreement". 
              (b)     The disputing
parties must notify the agreed terms of reference to the arbitration panel within 2 days after reaching the agreement.
Initial
Submissions
18.         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.
Operation
of Arbitration Panels
19.         The chairperson of the
arbitration panel shall preside at all its meetings. An arbitration panel may
delegate to the chairperson authority to make administrative decisions
regarding the proceedings.
20.         Unless otherwise provided
in the Agreement or in these Rules of Procedure, the arbitration panel may
conduct its activities by any means, including telephone, facsimile
transmissions or computer links.
21.         Only arbitrators may take
part in the deliberations of the arbitration panel, but the arbitration panel
may authorize its assistants to be present at its deliberations.
22.         The drafting of any
arbitration panel ruling shall remain the exclusive responsibility of the
arbitration panel and may not be delegated.
23.         Where a procedural question
arises that is not covered by the provisions of the Agreement and its Annexes,
an arbitration panel may adopt an appropriate procedure that is compatible with
those provisions.
24.         When the arbitration panel
considers it is necessary to modify any period of time applicable to the
proceedings or to make any other procedural or administrative adjustment, it
shall inform the disputing parties
in writing of the reasons for the change or adjustment, indicating the period
of time or adjustment needed. The time limits set out in paragraph 2 of Article
307 (Arbitration Panel Ruling)
shall not be modified.
Recusal
and Removal
25.         A request by a disputing party for the recusal or removal of an
arbitrator as provided for in Article 305 (Recusal, Removal and Replacement),
paragraph 1, of the Agreement, shall be made in writing and shall include the
basis as well as the evidence that sustains the material violation by the arbitrator
of the Code of Conduct. This request shall be transmitted to the other
disputing party, with a copy to the Trade Committee within 10 days from the
date in which the Party obtained evidence of the circumstances that gave rise
to the request for recusal of the arbitrator.
26.         Within 5 days after the
receipt of the request, the disputing parties shall consult each other. In case
of agreement, a new arbitrator shall be selected according to the procedure set
out in Article 303 (Establishment of an Arbitration Panel) of the Agreement.
27.         In the absence of an
agreement between the disputing parties on the need to have an arbitrator
removed, any of those parties may request that the matter be decided by the
chairperson of the arbitration panel, whose decision shall be final. 
28.         If the chairperson of the
arbitration panel or his/her delegate finds that an arbitrator does not comply
with the requirements of the Code of Conduct, he/she shall select a new
arbitrator by lot. If the original arbitrator was selected by the disputing
parties in accordance with Article 303 (Establishment of the arbitration
panel), paragraph 2, of the Agreement the replacement shall be selected by lot
from the members of the list referred to in Article 304 (List of Arbitrators) of
the Agreement, which were proposed by the Party which selected the original
arbitrator. If, to the contrary, the original arbitrator was selected by the
disputing parties in accordance with Article 303 (Establishment of the
Arbitration panel), paragraph 5, of the Agreement, the lot shall be made from
all the members of the referred list. The selection shall be made in accordance
with Rule 12, mutatis mutandis, and within 5 days following the date of
the request to the chairperson of the arbitration panel. 
29.         If
the disputing parties fail to agree on
the need to replace the chairperson
of the arbitration panel, any of those parties may request that such matter be
referred to one of the remaining members of the list of individuals selected to
act as chairpersons under Article 304 (List of Arbitrators), paragraph 1 of the
Agreement. Her or his name
shall be drawn by lot by the Chair of the Trade Committee or the Chair’s
delegate. This selection shall be made in accordance with rule 12 and within 5
days following the date of the request to the Chair of the Trade Committee. The
decision by such person on the need to replace the chairperson shall be final. 
30.         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 in Article 304 (List
of the arbitrators) of the Agreement who may
act as chairperson. This selection of the new chairperson shall be done in accordance
with Rule 12, mutatis mutandis and within 5 days following the
date on which the designated person has taken the decision on the recusal. 
31.         The
arbitration panel proceedings and the applicable time limits shall be suspended
while a request for recusal of an arbitrator, and his/her removal and
replacement are being decided, as the case may be.
Hearings
32.         The chairperson shall fix
the date and time of the hearing, in consultation with the disputing parties
and the other members of the arbitration panel, and shall notify them in
writing to the Parties
accordingly. The Party in charge of the logistics administration of the
proceedings shall make such information publicly available unless the hearing
is closed to the public. 
33.         Unless the disputing
parties agree otherwise, the hearing shall be held in Brussels if the
complaining Party is Colombia or Peru and in Bogota or Lima, as the case may
be, if the complaining Party is the EU.
34.         The arbitration panel may
convene additional hearings if the Parties so agree.
35.         All arbitrators shall be
present during the entirety of any hearing.
36.         The following persons may
attend the hearing, irrespective of whether the hearing is closed to the public
or not:
(a)     representatives of the disputing
parties and any third party;
(b)     advisers to the disputing parties and
any third party;
(c)     administrative staff, interpreters,
translators and court reporters and arbitrators’ assistants.
37.         Only
the representatives and advisers of the disputing parties and any third party may address the arbitration panel.
38.         No later than 5 days before
the date of a hearing, each disputing 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.
39.         Subject to Rules 46, 47, 48
and 49, the hearings of the arbitration panels shall be open to the public,
unless the disputing parties decide that the hearings shall be partially or
completely closed to the public. 
40.         The arbitration panel shall
conduct the hearing in the following manner, ensuring that the complaining
Party and the Party complained against are afforded equal time:
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.
41.         The arbitration panel may
direct questions to either disputing party at any time during the hearing.
42.         The arbitration panel shall
arrange for a transcript of each hearing to be prepared and delivered as soon
as possible to the disputing parties.
43.         Each disputing party may
deliver a supplementary written submission concerning any matter that may have
arisen during the hearing within 10 days of the date of the hearing.
Questions
in Writing
44.         The arbitration panel may
at any time during the proceedings address questions in writing to one or both
disputing parties and to any third party. The disputing parties and any third
party shall receive a copy of any questions put forward by the arbitration
panel. When answering a question is not possible within a hearing, Arbitration
Panels should provide the disputing parties with the appropriate time to answer
those questions.
45.         Each disputing party or any
third party shall also provide a copy of its written response to the
arbitration panel’s questions to the other disputing party and any third party.
Disputing parties shall be given the opportunity to provide written comments on
the reply of the other disputing party and to the replies of any third party
within 5 days of the date of delivery.
Confidentiality
46.         Each disputing party, any
third party and their advisors shall treat as confidential any information
submitted by the other disputing party to the arbitration panel which that
party has designated as confidential. 
47.         Where a disputing party
submits a confidential version of its written submissions to the arbitration
panel, it shall also, upon request of the other disputing party, provide a
non-confidential summary of the information contained in its submissions no
later than 15 days after the date of either the request or the submission of
the confidential version, whichever is later. 
48.         Written submissions made to
the arbitration panel shall be considered confidential but shall be provided to
the disputing parties and any third party. Nothing in these Rules of Procedure
shall preclude a disputing party from disclosing statements of its own
positions to the public to the extent that they do not contain confidential
information. 
49.         The arbitration panel shall
meet in closed session when the submission and arguments of any disputing party
contains confidential information. 
50.         The disputing parties and
their advisers shall maintain the confidentiality of the arbitration panel
hearings where the hearings are held in closed session, in accordance with Rule
39. 
Ex
Parte Contacts
51.         The arbitration panel
shall not meet or contact a disputing party in the absence of the other
disputing party.
52.         No member of the
arbitration panel may discuss any aspect of the subject matter of the
proceedings with one or both disputing parties or any third party in the
absence of the other arbitrators.
Amicus
curiae submissions
53.         Any interested
natural or juridical person established in the territory of a disputing party
and which is not part of the government of any of the disputing parties, may
make a written request to the arbitration panel, with copy to the parties to
the dispute, to be authorised to submit an amicus curiae brief within 10
days from the date of establishment of the arbitration panel. Such request
shall:
(a)     contain a description of the person
making the submission, including its place of establishment and other contact
information, the nature of its activities and, in the case of a juridical
person, information on its members, its legal status and its general
objectives; 
(b)     identify the specific factual and
legal issues which will be addressed in the submission;
(c)     specify the nature of its interest and
its relevance for the proceedings and how the submission would assist the
arbitration panel in the determination of a factual or legal issue related to
the dispute; 
(d)     disclose any direct or indirect
relationship that the person making the submission has or has had with a
disputing party, as well as its source of financing; 
(e)     state whether it has received or will
receive any financial or other kind of support from a disputing Party, a person
or other organisation, in the preparation of the request for authorisation to
submit a brief or the preparation of the brief itself.
(f)     not be longer than 5 pages typed with
double space; and 
(g)     be written in the languages of the
procedure.
54.         The
arbitration panel shall
establish an appropriate date by which the disputing parties can comment on the application for authorization.
55.         The
arbitration panel shall review and take into consideration the application for
authorization, the veracity of the information provided therein and any comment
made by the disputing parties
and shall take a decision without delay about granting authorization for making
a written submission by an interested natural or juridical person. An authorization by an arbitration panel to make a written
submission does not imply that the arbitration panel shall examine in its
ruling the legal arguments presented in the submission.
56.         Amicus curiae
submissions shall be transmitted to the arbitration panel, with copy to the
disputing parties, within 5 days following the date of the authorisation by the
arbitration panel to make such submission. The submission shall:
(a)     be dated and signed by the person making the submission or his/her representative;
(b)     be concise and in no case longer than 15 pages typed at double space, including
any annexes;
(c)     not introduce new issues to the
dispute, and cover only those issues relevant to the issues of fact and law subject to the consideration of the
arbitration panel and identified by in the request for authorization to make a
submission, explaining how the submission helps the arbitration panel in the
determination of those issues;
(d)     be submitted in the languages of the
procedure. 
57.         The arbitration panel shall
ensure that the disputing parties have the opportunity to reply in writing to
any amicus curiae submissions before the date of the hearing. 
58.         The arbitration panel shall
include in its ruling a list of all the amicus curiae submissions that
it has received. The arbitration panel shall not be obliged to address in its
ruling the arguments made in those submissions. 
59.         In taking into
consideration requests for authorisation to make a submission or amicus
curiae submissions themselves, the arbitration panel shall avoid
interrupting the proceedings and shall ensure the equality of the disputing parties.
Information
and Technical Advice
60.         The arbitration panel shall
notify to the disputing parties of its intention to seek information or technical
advice from experts as set out in Article 316 (Information and Technical
Advice) of the Agreement.
61.         The arbitration panel shall
provide to the disputing parties with a copy of the information or technical
advice received and shall grant a reasonable time for the disputing parties to
present their comments. The opinion of the experts shall have a merely
consultative nature.
62.         When the arbitration panel
takes under consideration the received information or technical advice, it
shall also take into consideration any comment or observation presented by the
disputing parties in relation to such information or technical advice. 
63.         The arbitration panel shall
ensure that when gathering information and seeking technical advice it shall do
so from accredited persons with experience in the relevant field. In addition,
the experts shall be independent, impartial, shall not be affiliated to or be
directly or indirectly dependent of any of the disputing parties, and shall not receive instructions from them or any
organization. 
Cases
of Urgency 
64.         In cases of urgency
referred to in Article 307 (Arbitration Panel Ruling), paragraph 2, of the
Agreement, the arbitration panel shall adjust the time limits referred to in
these Rules of Procedure, as appropriate.
Translation
and Interpretation
65.         The disputing parties shall
have the right to present and receive written submissions, and to present and
hear oral arguments in the language of their
choice. Each disputing party shall expeditiously arrange for and bear the costs
of the translation of its written submissions into the language chosen by the
other disputing Party. The Party complained against shall arrange for the
interpretation of oral submissions into the languages chosen by the disputing
parties. 
66.         Arbitration panel rulings shall
be notified in the languages chosen by the disputing parties.
67.         The costs incurred for
translation of an arbitration ruling shall be borne equally by the disputing
parties.
68.         Any disputing party may
provide comments on any translated version of a document drawn up in accordance
with these Rules of Procedure.
Computation
of Time Limits
69.         Where, by reason of the
application of Rule 7, a disputing party receives a document on a date other
than the date on which this document is received by the other disputing 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
70.         These Rules of Procedure
are also applicable to procedures established under Article 308 (Implementation
of the Arbitration Ruling), paragraph 3; Article 309 (Review of Any Measure
adopted to Comply with the Arbitration Panel Ruling), paragraph 2 Article 310
(Temporary remedies in case of Non- Compliance), paragraph 4; and Article 311
(Review of Any Measure Adopted After the Suspension of Benefits of compensation
for Non- Compliance), paragraph 2. 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.
CODE
OF CONDUCT
Definitions
1.           For purposes of this Code
of Conduct:
(a)     "arbitrator" means a member
of an arbitration panel effectively established under Article 303
(Establishment of the Arbitration Panel) of the Agreement;
(b)     "mediator" means a person
who conducts a mediation procedure in accordance with Article 322 (Mediation
Mechanism) and the Annex XIV (Mediation Mechanism on Non-Tariff Barriers) of
the Agreement;
(c)     "candidate" means an
individual whose name is on the list of arbitrators referred to in Article 304
(List of Arbitrators) of the Agreement and who is under consideration for
selection as a member of an arbitration panel under Article 303 (Establishment
of the Arbitration Panel) of the Agreement;
(d)     "expert" means any person
with technical knowledge or specialised in certain areas covered by the
different Titles of the Agreement;
(e)     "assistant" means a person
who, under the terms of appointment of an arbitrator, conducts, researches or
provides assistance to the arbitrator;
(f)     "proceeding", unless
otherwise specified, means an arbitration panel proceeding under the Agreement;
and
(g)     "staff", in respect of an
arbitrator, means persons under the direction and control of the arbitrator,
other than assistants.
Responsibilities to the process
2.           Every candidate and
arbitrator 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
arbitrators 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 an arbitrator under the 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.           Once selected, an
arbitrator 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 an
arbitrator to disclose any such interests, relationships or matters that may
arise during any stage of the proceeding. 
5.           A candidate or arbitrator
shall communicate matters concerning actual or potential violations of this
Code of Conduct to the Trade Committee for consideration by the Parties. 
Duties
of arbitrators
6.           Upon selection an
arbitrator shall perform her or his duties thoroughly and expeditiously
throughout the course of the proceeding, and with fairness and diligence.
7.           An arbitrator 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.           An arbitrator shall be
responsible of taking all appropriate steps to ensure that his or her assistant
and staff are aware of, and comply with, this Code of Conduct, as applicable. 
9.           An arbitrator shall not
engage in ex parte contacts concerning the proceeding. 
Independence and impartiality of arbitrators
10.         An arbitrator 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. 
11.         An arbitrator 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.         An arbitrator 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.         An arbitrator may not allow
financial, business, professional, family, personal or social relationships or
responsibilities to influence her or his conduct or judgement. 
14.         An arbitrator 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 arbitrators
15.         All former arbitrators must
avoid actions that may create the appearance that they were biased in carrying
out their duties or derive advantage from the decision or ruling of the
arbitration panel.
Confidentiality
16.         No arbitrator or former
arbitrator 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.         No arbitrator shall
disclose any arbitration panel ruling or parts thereof prior to its publication
in accordance with Article 318 (Arbitration Panel Decisions and Rulings),
paragraph 4 of the Agreement.
18.         No arbitrator or former
arbitrator shall disclose at any time the deliberations of an arbitration
panel, or any arbitrator's views.
Mediators,
experts
19.         The provisions described in
this Code of Conduct as applying to arbitrators or former arbitrators shall
apply, mutatis mutandis, to mediators and experts.
ANNEX III
DECISION No […] OF THE
EU-COLOMBIA-PERU TRADE COMMITTEE
of […]
on the 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
THE TRADE
COMMITTEE,            
Having regard to the Trade Agreement
between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part ("the
Agreement"), signed in Brussels on 26 June 2012, and in particular Article
304 (1) and (4) thereof,
Whereas:
(1)          The Trade Committee shall
establish at its first meeting a list of 25 individuals to serve as Arbitrators
and additional lists of 12 individuals with sectorial experience on specific
subjects covered by this Agreement.
(2)          The Trade Committee has
the exclusive authority to evaluate and adopt decisions as envisaged in this
Agreement regarding any subject matter which is referred to it by the specialised
bodies established according to this Agreement, 
HAS ADOPTED THIS DECISION:
1.           The lists of individuals
who may serve as arbitrators for the purposes of Article 304(1) and (4) of the
Agreement are set out in the Annex to this Decision.
2.           This
Decision shall enter into force on …
Done at …      on …
For the
Trade Committee
 Minister for Trade, Industry and Tourism of Colombia || Commissioner for Trade of the European Commission || Minister for Foreign Trade and Tourism of Peru 
Annex
to the decision No […] of the EU-Colombia-Peru Trade Committee
LIST OF ARBITRATORS (Article. 304.1)
Arbitrators proposed by Colombia 
1.           Eric Tremolada Álvarez
2.           Olga Lucía Lozano Ferro
3.           Adriana Zapata de Arbeláez
4.           Silvia Anzola de González
5.           Boris Darío Hernández Salame
Arbitrators proposed by the EU 
1.           Giorgio Sacerdoti
2.           Ramon Torrent 
3.           Pieter Jan Kuijper
4            Claus-Dieter Ehlermann 
5.           Claudio Dordi
Arbitrators proposed by Peru
1.           Alfredo Ferrero Diez
Canseco
2.           Diego Calmet Mujica 
3.           Fernando Piérola
4.           Mercedes Araoz Fernández 
5.           Manuel Monteagudo Valdez
Chairpersons
1.           Bradly Condon (Canada)
2.           Álvaro Galindo (Ecuador)
3.           Shotaro Oshima (Japan) 
4.           Merit Janow (US)
5.           Luiz Olavo Baptista (Brazil)
6.           Pierre Pettigrew (Canada)
7.           Ricardo Ramírez Hernández
(Mexico)
8.           Jorge Miranda (Mexico)
9.           Maryse Robert (Canada)
10.         María Luisa Pagán (Puerto Rico)
ADDITIONAL LIST OF ARBITRATORS WITH SECTORIAL EXPERIENCE ON SPECIFIC
SUBJECTS COVERED BY THE AGREEMENT (Article. 304.4)
Trade in Goods experts
Arbitrators proposed by Colombia 
1.           Juan Carlos Elorza
2.           Ramón Madriñan
3.           María Clara Lozano
Arbitrators proposed by the EU 
1.           Hannes Schoemann
2.           Jan Bourgeois
3.           Maurizio Mensi
Arbitrators proposed by Peru 
1.           Jose Antonio de la Puente
2.           Marcela Zea
3.           Julio Guadalupe
Chairpersons 
1.           Rafael Cornejo
2.           Kirsten Hilman
3.           Mario Matus
Experts in areas of Trade in Services,
Establishments, Competition, Intellectual Property Rights or Government
Procurement
Arbitrators proposed by Colombia
1.           Eduardo Silva
2.           Ernesto Rengifo
3.           Ricardo Metke
Arbitrators proposed by the EU
1.           Jan Wouters
2.           Kim Van der Borght
3.           Alexander Belohlavek
Arbitrators proposed by Peru 
1.           Luis Alonso Garcia
2.           Ricardo Paredes
3.           Benjamin Chavez
Chairpersons 
1.           Luis González García
2.           Luzius Wasescha
3.           Thomas Cottier
ANNEX IV
DECISION No […] OF THE EU-COLOMBIA-PERU TRADE
COMMITTEE
of […]
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
THE TRADE COMMITTEE,            
Having regard to the Trade Agreement
between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part ("the
Agreement"), signed in Brussels on 26 June 2012, and in particular Article
284 (6) thereof,
Whereas:
(1)          Article 284 of the
Agreement provides that a Party may request that a Group of Experts be convened
to examine a trade and sustainable development matter that has not been
satisfactorily addressed through governmental consultations under Article 283
of the Agreement. 
(2)          At its first meeting the Trade
Committee shall adopt Rules of Procedure for the functioning of the Group of
Experts.
(3)          The Trade Committee has
the exclusive authority to evaluate and adopt decisions as envisaged in this
Agreement regarding any subject matter which is referred to it by the specialised
bodies established according to this Agreement, 
HAS ADOPTED THIS DECISION:
1.           The Rules of Procedure for
the Group of Experts are established as set out in the Annex. 
2.           This Decision shall enter
into force on …
Done at …      on …
For the
Trade Committee
 Minister for Trade, Industry and Tourism of Colombia || Commissioner for Trade of the European Commission || Minister for Foreign Trade and Tourism of Peru 
Annex
to the decision No […] of the EU-Colombia-Peru Trade Committee
RULES
OF PROCEDURE FOR THE GROUP OF EXPERTS OF THE TRADE AND SUSTAINABLE DEVELOPMENT
TITLE
General
Provisions
1.           In Title IX (Trade and
Sustainable Development) of the Agreement and under these rules:
“the Agreement” means the Trade Agreement
between Colombia and Peru, of the one part, and the European Union and its Member
States (hereinafter “the EU”), of the other part, signed on 26 June 2012. 
“day” means a calendar day.
“expert” means a person with expertise on the
issues covered by Title IX (Trade and Sustainable Development), who is suitable
to be appointed to serve in a Group of Experts, in accordance with Article 284
of the Agreement.
“Group of Experts” means a group convened in
accordance with the procedures set out in Article 284 of the Agreement.
"Party to a procedure" shall be
understood as a consulting Party which participates in a procedure before a
Group of Experts.
“requesting Party” means any consulting Party
which requests that a Group of Experts be convened pursuant to Article 284(1)
of the Agreement.
2.           The requesting Party shall
be in charge of the logistical administration of proceedings, unless otherwise
agreed. The Parties to a procedure shall equally share the costs derived from
the organisation of a procedure of the Group of Experts, including the expenses
of the experts. The Parties to a procedure may, however, decide that these
costs, with the exception of the expenses of the experts, be distributed
differently taking into account the particulars of the case and other
circumstances that may be deemed relevant. 
Notifications
3.           The Parties shall transmit
any request that a Group of Experts be convened, or any notice, written
submission or other document by delivery against receipt, registered post,
courier, facsimile transmission, telex, telegram or any other means of
telecommunication that provides a record of the sending thereof.
4.           Each Party to a procedure
shall provide the other Party and each of the members of the Group of the
Experts with a copy of each of its written submissions. A copy of the document
shall also be provided in electronic format.
5.           Minor errors of a clerical
nature in any request, notice, written submission or other document related to
the Group of Experts may be corrected by delivery of a new document clearly
indicating the changes. 
6.           For the purposes of
calculating a period of time under Articles 284 and 285 of the Agreement and
these rules, such period shall begin to run on the day following the day when a
notice, written submission or other document is received. If the last day of
such period is an official holiday or a non-work day for any of the Parties to
a procedure, the period is extended until the first work day which follows.
Official holidays or non-work days occurring during the running of the period
of time are included in calculating the period.
7.           Where a Party to a
procedure 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.
Establishment
of a Group of Experts
8.           If pursuant to Article 284
of the Agreement the Chairperson is selected by lot from the list of
non-nationals of any Party to the Agreement, representatives of both Parties to
a procedure shall be invited with due anticipation to be present when lots are
drawn.
9.           The Parties to a procedure
shall notify experts regarding their appointment.
10.         An expert who has been
appointed according to the procedure established under Article 284 of the Agreement
shall notify his/her acceptance to the Sub-committee on Trade and Sustainable
Development within five days of the date in which he/she was informed of
his/her appointment.
Initiation
of the Group of Experts
11.         Unless the Parties to a
procedure agree otherwise, these Parties shall meet with the Group of Experts
within fourteen days of its establishment in order to determine such matters
that such Parties or the Group of Experts deem appropriate. 
12.         (a)     Unless the Parties
to a procedure agree otherwise, within seven days from the date of
establishment of the Group of Experts, the terms of reference of the Group of
Experts shall be:
"to examine, in the light of the
relevant provisions of the Trade and Sustainable Development Title, the matter
referred to in the request for the establishment of the Group of Experts, and
to issue a report, in accordance with Article 285 of Title IX (Trade and
Sustainable Development) of the Agreement, making recommendations for
satisfactorily addressing the matter.”
              (b)     The Parties to a
procedure must notify the agreed terms of reference to the Group of Experts
within two days after reaching the agreement.
Submissions
13.         The Parties to a procedure
may present submissions to the Group of Experts at any stage of the process.
The Group of Experts may request and receive written submissions or any other
information from organisations, institutions, and persons with relevant
information or specialised knowledge, including written submissions or
information from the relevant international organisations and bodies, on
matters concerning the international conventions and agreements referred to in
Articles 269 and 270 of the Agreement. 
14.         Once the Group of Experts
has decided on the list of institutions, organisations and persons it will
request information from, it will provide this list to the Parties to a
procedure for their information. The Group of Experts shall notify the Parties
to a procedure of any institutions, organisations, or persons it subsequently
chooses to approach or of those making submissions to the Group of Experts on
their own initiative. 
Operation
of the Group of Experts
15.         The chairperson of the
Group of Experts shall preside at all its meetings. The Group of Experts may
delegate to the chairperson authority to make administrative decisions
regarding the proceedings. 
16.         The chairperson shall
inform the Parties to a procedure of administrative decisions; such
administrative decisions will apply unless otherwise agreed by the Parties to a
procedure. 
17.         Unless otherwise provided
in the Agreement or in these Rules, the Group of Experts may conduct its
activities by any means, including telephone, facsimile transmissions or
computer links.
18.         Only members of the Group
of Experts may take part in the deliberations of the Group of Experts.
19.         The drafting of any Group
of Experts ruling shall remain the exclusive responsibility of the Group of
Experts and may not be delegated.
20.         Subject to the provisions
of the Agreement and these Rules, where a procedural question arises that is
not covered therein, the Group of Experts may adopt its own procedures to
address such a question. Where a procedural question arises that is not covered
by the provisions of the Agreement or in these Rules, a Group of Experts may adopt
an appropriate procedure that is compatible with those provisions.
21.         When the Group of Experts
considers it is necessary to modify any period of time applicable to the
proceedings or to make any other procedural or administrative adjustment, it
shall inform the Parties to a procedure in writing of the reasons for the
change or adjustment, indicating the period of time or adjustment needed. Such
adjustment will apply unless otherwise agreed by the Parties to the procedure.
22.         Consistent with Articles
284 and 285 of the Agreement and these rules, the Group of Experts shall
conduct all proceedings in such a manner as it considers appropriate, provided
that the Parties to a procedure are treated with equality, and that subject to
Article 284, paragraph 5, of the Agreement, each Party to a procedure is given
a full opportunity to present its case.
23.         Consistent with Articles
284 and 285 of the Agreement and these rules, the Parties to a procedure may
request meetings with the Group of Experts after the initial report has been
presented and prior to the presentation of the final report.
Confidentiality
24.         Each Party to a procedure
shall treat as confidential any information submitted by the other Party to the
Group of Experts which that Party has designated as confidential. 
25.         Where a Party to a
procedure submits a confidential version of its written submissions to the
Group of Experts, it shall also, upon request of the other Party, provide a
non-confidential summary of the information contained in its submissions no
later than fifteen days after the date of either the request or the submission
of the confidential version, whichever is later. 
26.         Written submissions made to
the Group of Experts shall be considered confidential but shall be provided to
the Parties to a procedure. The Parties to a procedure may issue joint
statements of their positions to the extent that they do not contain
confidential commercial information.
27.         The Group of Experts shall
meet in closed session when the submissions and arguments of any Party to a
procedure contain confidential commercial information.
Translation
and Interpretation
28.         The Parties to a procedure
shall have the right to present and receive written submissions in the
languages of their choice. 
29.         Each Party to a procedure
shall expeditiously arrange for and bear the costs of the translation of its
written submissions into English and Spanish. The costs incurred during the
deliberations of the Group of Experts for translation and interpretation into
or from English and Spanish shall be shared by the Parties to a procedure.
Translation and interpretation into or from other languages shall be borne by
the requesting Party. 
30.         Group of Experts reports
shall be notified in English and Spanish.
Other
Provisions
31.         The Code of Conduct
established for the List of Arbitrators under the Trade Agreement shall also
apply for the Group of Experts.
ANNEX V
DECISION No […] OF THE EU-COLOMBIA-PERU TRADE
COMMITTEE
of […]
on the establishment of 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
THE TRADE COMMITTEE,            
Having regard to the Trade Agreement
between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part ("the
Agreement"), signed in Brussels on 26 June 2012, and in particular Article
284(3) thereof,
Whereas:
(1)          Article 284 of the
Agreement provides that a Party may request that a Group of Experts be convened
to examine a trade and sustainable development matter that has not been
satisfactorily addressed through governmental consultations under Article 283
of the Agreement. 
(2)          At its first meeting the Trade
Committee shall endorse a list of at least 15 persons with expertise on issues
covered by the Title on Trade and Sustainable Development. 
(3)          The Trade Committee has
the exclusive authority to evaluate and adopt decisions as envisaged in this
Agreement regarding any subject matter which is referred to it by the specialised
bodies established according to this Agreement, 
HAS ADOPTED THIS DECISION:
1.           The lists of individuals
who may serve as experts for the purposes of Article 284 of the Agreement are set
out in the Annex to this Decision.
2.           This Decision shall enter
into force on …
Done at …      on …
For the Trade
Committee
 Minister for Trade, Industry and Tourism of Colombia || Commissioner for Trade of the European Commission || Minister for Foreign Trade and Tourism of Peru 
Annex
to the decision No […] of the EU-Colombia-Peru Trade Committee
LIST
OF EXPERTS for the T&SD Title (Article. 284.3)
List of experts
1.           Claudia
Martínez
2.           Carlos Costa Posada
3.           Enrique Borda Villegas
4.           Katerine Bermúdez
5.           Eddy Laurijssen
6.           Jorge Cardona
7.           Hélène Ruiz Fabri
8.           Geert Van Calster
9.           Jorge Mario Caillaux Zazzali
10.         Rosario Gómez Gamarra
11.         Jorge Toyama Miyagusuku
12.         Alfonso de los Heros Pérez
Albela
Chairpersons
1.           Robert McCorquodale
2.           Dane Ratliff
3.           Jill Murray
4.           Arthur Edmond Appleton
5.           Maryse Robert
6.           Orlando Pérez Gárate