CELEX: 52007PC0047
Language: en
Date: 2007-02-07
Title: Proposal for a Council Decision on a Community position within the EU-Chile Association Committee on the establishment of a list of arbitrators as required by Article 185 paragraph 2 of the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     Brussels, 7.2.2007
                                                     COM(2007) 47 final
                                                     2007/0018 (ACC)
                                        Proposal for a
                                  COUNCIL DECISION
      on a Community position within the EU-Chile Association Committee on the
   establishment of a list of arbitrators as required by Article 185 paragraph 2 of the
   Agreement establishing an association between the European Community and its
      Member States, of the one part, and the Republic of Chile, of the other part
                               (presented by the Commission)
EN                                                                                      EN
 ---pagebreak---                                 EXPLANATORY MEMORANDUM
   The EU/Chile Association Agreement ("The Agreement") includes in its Part IV, Title VIII a
   bilateral Dispute Settlement mechanism. Pursuant to Article 185 paragraph 2 of the
   Agreement, the Association Committee shall establish a list of individuals ready to serve as
   arbitrators in the bilateral dispute settlement procedures. The Commission and the Chilean
   government have agreed on a list of fifteen individuals willing and able to serve as arbitrators.
   As envisaged by the Agreement, this list is composed by five EU nationals, five Chilean
   nationals and five third country nationals. The EU-Chile Association Committee should now
   formally adopt this list.
   Furthermore, in order to facilitate the task of ensuring that the list always contains fifteen
   individuals at any point of time, it is proposed that any updating of this list in the future is
   adopted upon joint written notification by the Parties to the Association Committee, once the
   Parties have reached an agreement. The Commission shall agree with the Chilean
   Government on the new list and consult the 133 Committee before the list is notified to
   Association Committee.
   The Commission therefore proposes to the Council to adopt the enclosed Council Decision as
   the EU common position on the proposed EU-Chile Association Committee Decision in
   Annex.
EN                                                 2                                                 EN
 ---pagebreak---                                                              2007/0018 (ACC)
                                               Proposal for a
                                         COUNCIL DECISION
          on a Community position within the EU-Chile Association Committee on the
       establishment of a list of arbitrators as required by Article 185 paragraph 2 of the
       Agreement establishing an association between the European Community and its
           Member States, of the one part, and the Republic of Chile, of the other part
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles
   133 and 300 (2) second subparagraph thereof,
   Having regard to the proposal from the Commission1,
   Whereas:
   (1)     The Agreement establishing an association between the European Community and its
           Member States, on the one part, and the Republic of Chile, on the other part,
           thereinafter the Association Agreement includes in its Part IV, Title VIII a dispute
           settlement mechanism.
   (2)     Article 185(2) of the Association Agreement invites the Association Committee, no
           later than six months after the entry into force of the Agreement, to establish a list of at
           least fifteen individuals who are willing and able to serve as arbitrators.
   (3)     A list of fifteen arbitrators has been agreed by the Parties.
   (4)     According to Article 185(2), the Association Committee shall ensure that the list
           always contains 15 individuals at any point in time. Such list may be amended every
           three years.
   (5)     In order to facilitate the update of the list of arbitrators, a lighter procedure based on a
           written notification to the Association Committee should be envisaged,
   HAS DECIDED AS FOLLOWS:
                                                 Article 1
   The position to be adopted by the Community within the Association Committee on the on the
   establishment of a list of arbitrators as required by Article 185 paragraph 2 of the Agreement
   establishing an association between the European Community and its Member States, of the
   1
           OJ C , , p. .
EN                                                   3                                                  EN
 ---pagebreak---    one part, and the Republic of Chile, of the other part, shall be based on the draft Decision of
   the Association Committee annexed to this Decision.
                                              Article 2
   For any future updates of the list of arbitrators adopted on the basis of this Decision of the
   Association Committee, the Commission will seek an agreement with the Chilean
   Government. The Commission will consult the 133 Committee of the new list of arbitrators as
   a result of such agreement. Article 1
   Done at Brussels,
                                                For the Council
                                                The President
EN                                                4                                                EN
 ---pagebreak---                                                  ANNEX
                                   DRAFT DECISION N°…/2006
                          OF THE EU-CHILE ASSOCIATION COMITTEE
                                                   of…..
   on the establishment of a list of arbitrators as required by Article 185 paragraph 2 of the
       Agreement establishing an association between the European Community and its
          Member States, of the one part, and the Republic of Chile, of the other part
   THE ASSOCIATION COUNCIL,
   Having regard to the Agreement establishing an association between the European
   Community and its Member States, of the one part, and the Republic of Chile, of the other
   part, signed in Brussels on 18 November 2002 (hereinafter referred to as "Association
   Agreement"), and in particular Article 185(2) thereof,
   Whereas:
   (1)     The Agreement establishing an association between the European Community and its
           Member States, of the one part, and the Republic of Chile, of the other part,
           thereinafter the Association Agreement includes in its Part IV, Title VIII a dispute
           settlement mechanism.
   (2)     Article 185 paragraph 2 of the Association Agreement invites the Association
           Committee, no later than six months after the entry into force of the Agreement, to
           establish a list of at least fifteen individuals who are willing and able to serve as
           arbitrators, a third of whom must not be national of either Party and are identified as
           chairperson of arbitration panels.
   (3)     A list of fifteen arbitrators has been agreed by the Parties.
   (4)     According to Article 185 paragraph 2, the Association Committee shall ensure that the
           list always contains fifteen individuals at any point of time. Such list may be amended
           every three years.
   (5)     In order to facilitate any future modification of the list of arbitrators, the Parties shall
           notify in written their mutual agreement in this respect to the Association Committee,
   HAS DECIDED AS FOLLOWS:
                                                 Article 1
   The list of fifteen arbitrators annexed to this Decision, is adopted by the Parties.
EN                                                   5                                                  EN
 ---pagebreak---                                                Article 2
   The list annexed to this Decision should include 15 arbitrators at any in time. For this
   purpose, this list shall be updated by mutual agreement between the Parties and simple written
   notification to the Association Committee.
                                               Article 3
   This Decision shall enter into force on the day of its adoption.
   Done at…
                                                For the Association Committee
                                                The President
EN                                                 6                                              EN
 ---pagebreak---                            CHILE-EU Dispute Settlement Mechanism
                                      List of arbitrators
   Chilean arbitrators:
   Osvaldo Rosales
   Eliel Hasson
   Sebastian Saez
   Ernesto Tironi
   Carlos Eugenie Jorquiera
   EU arbitrators:
   Claus Dieter Ehlerman
   Jacques Bourgeois
   Claudio Dordi
   Peter Kleen
   Ramon Torrent Macau
   Third countries' arbitrators:
   Miguel Rodriguez Mendoza (Venezuela)
   Germain Denis (Canada)
   Florentino Feliciano (Philippines)
   Bill Davey (United States)
   Crawford Falconer (New Zealand)
EN                                             7                 EN