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) The Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part (‘the Agreement’) was signed on 30 October 2016.
(2) In accordance with Council Decision (EU) 2017/38(1), parts of the Agreement have been provisionally applied since 21 September 2017.
(3) Article 29.8.1 of the Agreement provides that the CETA Joint Committee, established under Article 26.1 of the Agreement, is to establish a list of at least 15 individuals who are willing and able to serve as arbitrators.
(4) It is therefore appropriate to establish the position to be taken on the Union's behalf in the CETA Joint Committee as the envisaged decision will be binding on the Union,
HAS ADOPTED THIS DECISION:
The position to be taken on the Union's behalf in the CETA Joint Committee with regard to the adoption of the list of arbitrators pursuant to Article 29.8 of the Agreement shall be based on the draft decision of the CETA Joint Committee attached to this Decision.
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 19 December 2019.
For the Council
The President
K. Mikkonen
THE CETA JOINT COMMITTEE,
Having regard to the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part ('the Agreement'), and in particular Article 29.8 thereof,
Whereas:
(1) In accordance with Article 30.7.3 of the Agreement, parts of the Agreement have been applied provisionally since 21 September 2017.
(2) Pursuant to Article 29.8.1 of the Agreement, the CETA Joint Committee is to establish a list of at least 15 individuals who are willing and able to serve as arbitrators. The list of arbitrators is to be composed of three sub-lists: one sub-list for each Party and one sub-list of individuals who are not nationals of either Party to act as chairpersons,
HAS ADOPTED THIS DECISION:
Done at …,
For the CETA Joint Committee
Sub-list for Canada:
Serge Fréchette
Valerie Hughes
Matthew Kronby
Debra Steger
J. Christopher Thomas
Cherise Valles
Sub-list for the EU:
Claudio Dordi
Michael Hahn
Pieter Jan Kuijper
Hélène Ruiz Fabri
Peter Van den Bossche
Sub-list of Chairpersons:
James Bacchus
Christian Häberli
Daniel Moulis
David Unterhalter
Seung Wha Chang
Council Decision (EU) 2017/38 of 28 October 2016 on the provisional application of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part (OJ L 11, 14.1.2017, p. 1080).