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Council Decision (EU) 2019/614 of 9 April 2019 on the position to be taken on behalf of the European Union within the Joint Committee established under the Agreement between the European Union and Japan for an Economic Partnership, as regards the adoption of the Rules of Procedure of the Joint Committee, the Rules of Procedure of a Panel, the Code of Conduct for Arbitrators and the Mediation Procedure

EU Decision 2019/614 · Adopted 9 April 2019 · Extends to United Kingdom

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Council Decision (EU) 2019/614

of 9 April 2019

on the position to be taken on behalf of the European Union within the Joint Committee established under the Agreement between the European Union and Japan for an Economic Partnership, as regards the adoption of the Rules of Procedure of the Joint Committee, the Rules of Procedure of a Panel, the Code of Conduct for Arbitrators and the Mediation Procedure

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 Agreement between the European Union and Japan for an Economic Partnershipf1 (‘the Agreement’) was approved on behalf of the Union on 20 December 2018 and entered into force on 1 February 2019.

(2)

The Agreement establishes a Joint Committee to ensure that the Agreement operates properly and effectively and provides that the Joint Committee is to adopt its own rules of procedure, the Rules of Procedure of a Panel, the Code of Conduct for Arbitrators and the Mediation Procedure.

(3)

It is appropriate to establish the position to be taken on the Union's behalf in the Joint Committee, as the envisaged decision of the Joint Committee will be binding on the Union.

(4)

The position of the Union within the Joint Committee should therefore be based on the attached draft Decision,

HAS ADOPTED THIS DECISION:

Annotations to the whole text

Footnotes

f1

OJ L 330, 27.12.2018, p. 3.

Contents

  1. 1Article 1
  2. 2Article 2
  3. Signature
  4. Annex I: RULES OF PROCEDURE OF THE JOINT COMMITTEE UNDER THE AGREEMENT BETWEEN THE EUROPEAN UNION AND JAPAN FOR AN ECONOMIC PARTNERSHIP
  5. 1Composition and Chair
  6. 2Contact Points
  7. 3Agenda
  8. 4Working Language
  9. 5Decisions and recommendations
  10. 6Joint Minutes
  11. 7Publicity and Confidentiality
  12. 8Expenses
  13. Annex IIRULES OF PROCEDURE OF A PANEL
  14. Definitions
  15. 1In these Rules of Procedure:
  16. Appointment of arbitrators
  17. 2Division 2
  18. 3Division 3
  19. Organisational meeting
  20. 4Unless the Parties agree otherwise, the Parties shall meet with the panel within seven days of the date of the establishment of the panel in order to determine those matters that the Parties or the panel deem appropriate, including:
  21. Notifications
  22. 5Any request, notice, written submission or other document transmitted by:
  23. 6Division 6
  24. 7Division 7
  25. 8Division 8
  26. 9Division 9
  27. Written submissions
  28. 10Division 10
  29. Operation of the panel
  30. 11Division 11
  31. 12Division 12
  32. 13Division 13
  33. 14Division 14
  34. Hearings
  35. 15Division 15
  36. 16Unless the Parties agree otherwise, the Party in which the hearing takes place in accordance with paragraph 2 of Article 21.15 of the Agreement shall:
  37. 17Division 17
  38. 18Division 18
  39. 19Division 19
  40. 20Division 20
  41. 21The following persons may attend the hearing, irrespective of whether the hearing is open to the public or not:
  42. 22Division 22
  43. 23The panel shall conduct the hearing in the following manner, ensuring that the complaining Party and the Party complained against are afforded equal time in both argument and rebuttal argument:
  44. 24Division 24
  45. 25Division 25
  46. 26Division 26
  47. Deliberations
  48. 27Division 27
  49. Questions in writing
  50. 28Division 28
  51. 29Division 29
  52. Replacement of arbitrators
  53. 30Division 30
  54. 31Division 31
  55. 32Where a Party considers that an arbitrator other than the chairperson does not comply with the requirements of the Code of Conduct, the Parties shall consult and, if they so agree, select a new arbitrator in accordance with paragraph 30.
  56. 33Where a Party considers that the chairperson of the panel does not comply with the requirements of the Code of Conduct, the Parties shall consult and, if they so agree, select a new chairperson in accordance with paragraph 30.
  57. 34Division 34
  58. Confidentiality
  59. 35Division 35
  60. Ex parte contacts
  61. 36Division 36
  62. 37Division 37
  63. Amicus curiae submissions
  64. 38Division 38
  65. 39The submissions shall be concise and in no case longer than 15 pages at double space, and shall be directly relevant to a factual or a legal issue under consideration by the panel. The submissions shall contain a description of the person providing the submissions including:
  66. 40Division 40
  67. Urgent cases
  68. 41Division 41
  69. Language and translation
  70. 42Division 42
  71. 43Division 43
  72. 44Division 44
  73. 45Division 45
  74. 46Division 46
  75. Annex III: MEDIATION PROCEDURE
  76. Objective
  77. 1Division 1
  78. Definitions
  79. 2For the purposes of this document:
  80. Initiation of the mediation procedure
  81. 3A Party may request, at any time, that the Parties enter into a mediation procedure. Such request shall be addressed to the other Party in writing. The request shall be sufficiently detailed so as for the other Party to understand clearly the concerns of the Party requesting the mediation procedure. The requesting Party shall in its request describe the matter at issue by:
  82. 4Division 4
  83. 5Division 5
  84. Selection of the mediator
  85. 6Division 6
  86. 7Division 7
  87. 8Division 8
  88. 9Division 9
  89. 10Division 10
  90. 11Division 11
  91. Rules of the mediation procedure
  92. 12Division 12
  93. 13Division 13
  94. 14Division 14
  95. 15Division 15
  96. 16Division 16
  97. 17Upon request of either Party, the mediator shall issue to the Parties, in writing, a draft factual report, providing a brief summary of:
  98. 18The mediation procedure shall be terminated:
  99. 19Division 19
  100. Confidentiality
  101. 20Division 20
  102. Relationship to other Dispute Settlement Procedures
  103. 21Division 21
  104. 22A Party shall not rely on or introduce as evidence in other dispute settlement procedures under this Agreement or any other agreement, nor shall it be accepted that a panel takes into consideration:
  105. 23Division 23
  106. Time period
  107. 24Division 24
  108. Costs
  109. 25Division 25
  110. 26Division 26
  111. Annex IV: CODE OF CONDUCT FOR ARBITRATORS
  112. Definitions
  113. 1In this Code of Conduct:
  114. Provision of Code of Conduct
  115. 2Division 2
  116. Governing principles
  117. 3Division 3
  118. Disclosure obligations
  119. 4Division 4
  120. 5Division 5
  121. 6Division 6
  122. Performance of duties
  123. 7Division 7
  124. 8Division 8
  125. 9Division 9
  126. Independence and impartiality
  127. 10Division 10
  128. 11Division 11
  129. 12Division 12
  130. 13Division 13
  131. 14Division 14
  132. 15Division 15
  133. Confidentiality
  134. 16Division 16
  135. 17Division 17
  136. 18Division 18
  137. 19Division 19
  138. Other obligations
  139. 20Division 20
  140. 21Division 21
  141. 22Division 22
  142. Attachment
  143. 1Division 1
  144. 2Division 2
  145. 3Division 3
  146. 4Division 4