DRAFT

DECISION No …/2020 OF THE JOINT COMMITTEE ESTABLISHED BY THE AGREEMENT ON THE WITHDRAWAL OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND FROM THE EUROPEAN UNION AND THE EUROPEAN ATOMIC ENERGY COMMUNITY

of …

establishing a list of 25 persons who are willing and able to serve as members of an arbitration panel under the Agreement

THE JOINT COMMITTEE,

Having regard to the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community2 (the ‘Withdrawal Agreement’), and in particular Article 171(1) thereof,

Whereas:

(1)

Pursuant to Article 171(1) of the Withdrawal Agreement, the Joint Committee shall, no later than by the end of the transition period set under that Agreement, establish a list of 25 persons who are willing and able to serve as members of an arbitration panel,

(2)

Pursuant to Article 171(2) of the Withdrawal Agreement, the list shall only comprise persons whose independence is beyond doubt, who possess the qualifications required for appointment to the highest judicial office in their respective countries or who are jurisconsults of recognised competence, and who possess specialised knowledge or experience of Union law and public international law. These persons shall not be members, officials or other servants of the Union institutions, of the government of a Member State, or of the government of the United Kingdom,

(3)

In view of the joint proposal by the Union and the United Kingdom of five persons for the function of chairperson of the arbitration panel, and the respective proposals by the Union and the United Kingdom of ten persons each for the function of members of the arbitration panel,

HAS ADOPTED THIS DECISION:

Article 1

The list of 25 persons willing and able to serve as arbitrators under the Withdrawal Agreement is set out in Annex I.

Article 2

This Decision shall enter into force on 1 January 2021.

Done at …,

For the Joint Committee

The Co-chairs