Legal provisions of COM(2009)418 - Community Position concerning the Rules of Procedure for Dispute Settlement and the Code of Conduct for Arbitrators provided for by the Economic Partnership Agreement with the CARIFORUM States - Main contents
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| dossier | COM(2009)418 - Community Position concerning the Rules of Procedure for Dispute Settlement and the Code of Conduct for Arbitrators provided ... |
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| document | COM(2009)418  |
| date | August 5, 2009 |
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52009PC0418
Proposal for a Council Decision on a Community Position concerning the Rules of Procedure for Dispute Settlement and the Code of Conduct for Arbitrators provided for by the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part /* COM/2009/0418 final */
[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |
Brussels, 5.8.2009
COM(2009) 418 final
Proposal for a
COUNCIL DECISION
on a Community Position concerning the Rules of Procedure for Dispute Settlement and the Code of Conduct for Arbitrators provided for by the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part
EXPLANATORY MEMORANDUM
The Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part was signed on 15 October 2008, and it is provisionally applied as of 29 December 2008.
Article 216 of the Agreement provides for the adoption by the Joint CARIFORUM-EC Council of Rules of Procedure to govern dispute settlement and a Code of Conduct for Arbitrators under the Agreement within three months of provisional application of the Agreement. It is thus necessary to adopt such rules at the first meeting of the Joint Council.
Proposal for a
COUNCIL DECISION
on a Community Position concerning the Rules of Procedure for Dispute Settlement and the Code of Conduct for Arbitrators provided for by the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 300(2), second subparagraph thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) The Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, was signed on 15 October 2008, and is provisionally applied as of 29 December 2008.
(2) Article 216 of the said Agreement calls for the adoption by the Joint CARIFORUM-EC Council of Rules of Procedures to govern dispute settlement under the Agreement. Article 221(2) thereof refers to a Code of Conduct for Arbitrators to be annexed to the Rules of Procedure.
(3) The Community should determine the position to be taken with regard to the adoption of the Rules of Procedure for Dispute Settlement and the Code of Conduct for Arbitrators in the Joint CARIFORUM-EC Council,
HAS DECIDED AS FOLLOWS:
Sole article
The position of the Community in view of the adoption of a decision by the Joint Council on the Rules of Procedure for Dispute Settlement and the Code of Conduct for Arbitrators provided for by the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, shall be based on the draft decision of the Joint Council annexed to this Decision.