# Council Decision (EU) 2016/763 of 13 May 2016 establishing the position to be taken on behalf of the European Union within the Committee on Government Procurement as regards the draft decision on arbitration procedures pursuant to Article XIX:8 of the Revised Agreement on Government Procurement EU Decision 2016/763 · adopted 13 May 2016 Council Decision (EU) 2016/763 of 13 May 2016 establishing the position to be taken on behalf of the European Union within the Committee on Government Procurement as regards the draft decision on arbitration procedures pursuant to Article XIX:8 of the Revised Agreement on Government Procurement ## Introductory text Council Decision (EU) 2016/763 of 13 May 2016 establishing the position to be taken on behalf of the European Union within the Committee on Government Procurement as regards the draft decision on arbitration procedures pursuant to Article XIX:8 of the Revised Agreement on Government Procurement 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 Revised Agreement on Government Procurement (‘the Revised GPA’), which entered into force on 6 April 2014, lays down a revamped legal framework applicable by the Revised GPA Parties to covered procurement. The Revised GPA provides for the possibility of the Revised GPA Parties using arbitration procedures in cases where objections regarding proposed rectification, transfer of an entity from one annex to another, withdrawal of an entity or other modification of a Party's annexes to Appendix I were raised but could not be solved through consultations. (2) Pursuant to Article XIX:8 of the Revised GPA, the Committee on Government Procurement is required to adopt arbitration procedures in order to facilitate the resolution of those objections. (3) The Revised GPA Parties have extensively discussed the possible content of such arbitration procedures as regards various options to be applied in case of objections to a proposed modification of a Party's procurement coverage. The Revised GPA Parties have been able to find a consensus on that matter. (4) The agreed arbitration procedures are set out in a draft decision on arbitration procedures pursuant to Article XIX:8 of the Revised GPA. (5) That draft decision on arbitration procedures provides for the conditions that need to be met in order to resort to the arbitration procedures and sets out rules governing the appointment of arbitrators, the participation of third Parties in arbitration procedures, the conduct of the proceedings and the arbitrators' determination. (6) The adoption of the draft decision on arbitration procedures is expected to make a positive contribution to the existing legal framework of the Revised GPA as it has the purpose of facilitating the resolution of objections raised regarding a proposed rectification, transfer of an entity from one annex to another, withdrawal of an entity or other modification of a Party's annexes to Appendix I to the Revised GPA. (7) Accordingly, it is appropriate to establish the position to be taken on behalf of the Union within the Committee on Government Procurement with regard to the draft decision on arbitration procedures, HAS ADOPTED THIS DECISION: ## 1 The position to be taken on behalf of the Union within the Committee on Government Procurement shall be to approve the adoption of the draft decision on arbitration procedures pursuant to Article XIX:8 of the Revised Agreement on Government Procurement. The text of the draft decision on arbitration procedures is attached to this Decision. ## 2 This Decision shall enter into force on the date of its adoption. ## Signature Done at Brussels, 13 May 2016. For the Council The President E.M.J. Ploumen ## DRAFT DECISION ON ARBITRATION PROCEDURES PURSUANT TO ARTICLE XIX:8 OF THE REVISED GPA The Committee on Government Procurement (‘the Committee’), Noting that Article XIX:8 of the Revised Agreement on Government Procurement (‘the Agreement’) requires the Committee to develop arbitration procedures to facilitate resolution of objections under Article XIX:2 of the Agreement; and Confirming the importance of Article XIX:8(b) and (c) of the Agreement to these arbitration procedures and reiterating the Parties' commitment to adopt decisions pursuant to Article XIX:8(b) and (c) of the Agreement. Hereby adopts the following arbitration procedures to facilitate the resolution of objections under Article XIX:2 of the Agreement: ### Division: Invocation of Arbitration Procedures ## 1 Pursuant to Article XIX:7 of the Agreement, where the modifying Party and an objecting Party are unable to resolve an objection to a proposed modification under Article XIX:1 of the Agreement, the modifying Party or any objecting Party may refer the proposed modification to arbitration, stating the reasons for its request, by notifying the Committee no earlier than 45 days after the date of circulation of the notification of the proposed modification under Article XIX:1 of the Agreement. ## 2 Where two or more Parties refer the same proposed modification to arbitration prior to the appointment of all the arbitrators, the modifying Party and all objecting Parties shall agree to a single arbitration addressing all objections to the same proposed modification. If additional referrals on the same proposed modification are made after the appointment of all the arbitrators, the modifying Party and all objecting Parties shall agree to a single arbitration whenever feasible. ## Schedule ANNEX PROPOSED TIMETABLE FOR ARBITRATION The arbitrators shall base the timetable adopted under paragraph 7.a. on the following: a. Receipt of written submissions of the Parties to the arbitration: (1) Requesting Party: - - - - - - - - - - 2 weeks (2) Responding Party: - - - - - - - - - - 2 weeks b. Receipt of third party submissions: - - - - - - - - - - 1 week c. Substantive meeting with the arbitrators: - - - - - - - - - - 1-2 weeks d. Responses to questions to Parties and third Parties to the arbitration: - - - - - - - - - - 1-2 weeks e. Issuance and circulation of the arbitrators' report on its determination: - - - - - - - - - - 4 weeks Consistent with the provisions of paragraph 11., the arbitrators may change the above timetable and may schedule additional meetings with the Parties to the arbitration after consulting them. --- Source: https://www.legislation.gov.uk/eudn/2016/763 (the official version) Page: https://openlegislation.uk/eu-decision-2016-763 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.