Date: 2020-10-30Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2020/1583 of 23 October 2020 on the position to be adopted on behalf of the European Union within the Partnership Committee established by the Comprehensive and Enhanced Partnership Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Armenia, of the other part, as regards the replacement of the list of individuals to serve as arbitrators in dispute-settlement proceedings
Executive Summary:
This Council Decision establishes the European Union's position within the Partnership Committee regarding the Comprehensive and Enhanced Partnership Agreement with Armenia. The decision concerns the replacement of the list of individuals serving as arbitrators in dispute settlement proceedings, as Armenia has indicated that one proposed individual no longer meets the required conditions. This decision was adopted on October 23, 2020, and entered into force on the same day.
Key Points / Main Content:
* **Arbitrator List Replacement:**
* The Partnership Committee, established by the EU-Armenia agreement, will replace the existing list of arbitrators.
* The replacement is prompted by Armenia's notification that one of its proposed arbitrators no longer meets the agreement's conditions.
* **EU Position:**
* The EU's position within the Partnership Committee will be based on the draft decision of the Partnership Committee.
* The Partnership Committee's decision to replace the list of arbitrators will be binding upon the Union.
* **Legal Basis:**
* The decision is based on the Treaty on the Functioning of the European Union, specifically Article 207(4) in conjunction with Article 218(9).
* **Entry into Force:**
* The Council Decision entered into force on October 23, 2020.
Impact Analysis:
European Union:
* Impact: The EU ensures the proper functioning of the Comprehensive and Enhanced Partnership Agreement with Armenia, specifically regarding dispute resolution mechanisms.
* Action Required: To adopt the position within the Partnership Committee to replace the list of arbitrators.
Republic of Armenia:
* Impact: Armenia is directly involved in maintaining a valid list of arbitrators, ensuring the dispute settlement process can function effectively.
* Action Required: Armenia has already informed the Union about the need to replace an arbitrator; no further action is explicitly stated in this document.
Partnership Committee:
* Impact: The Partnership Committee is responsible for making a decision to replace the list of arbitrators with an amended list.
* Action Required: To adopt a decision to replace the list of arbitrators with an amended list.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Atomic Energy Community: An international organization established by the Treaty of Rome in 1957 with the purpose of creating a specialist market for nuclear power in Europe.
Republic of Armenia: A sovereign state located in the South Caucasus region of Eurasia.
Partnership Committee: A committee established by the Comprehensive and Enhanced Partnership Agreement between the European Union and the Republic of Armenia.
Comprehensive and Enhanced Partnership Agreement: An agreement between the European Union and the Republic of Armenia that aims to enhance political and economic cooperation.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, outlining its scope of authority and procedures.
Council Decision EU 2020/1583: Council Decision on the position to be adopted on behalf of the European Union within the Partnership Committee regarding the replacement of arbitrators.
Luxembourg: The city in which the Council Decision was made.
30.10.2020 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 362/23
COUNCIL DECISION (EU) 2020/1583
of 23 October 2020
on the position to be adopted on behalf of the European Union within the Partnership Committee
established by the Comprehensive and Enhanced Partnership Agreement between the European
Union and the European Atomic Energy Community and their Member States, of the one part, and
the Republic of Armenia, of the other part, as regards the replacement of the list of individuals to
serve as arbitrators in dispute-settlement proceedings
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4), first subparagraph,
in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) The Comprehensive and Enhanced Partnership Agreement between the European Union and the European Atomic
Energy Community and their Member States, of the one part, and the Republic of Armenia, of the other part(1)
(‘the Agreement’) was signed on behalf of the Union in accordance with Council Decision (EU) 2018/104(2) and
has been partially applied on a provisional basis since 1 June 2018.
(2) At its meeting of 17 October 2019, in accordance with Article 339(1) of the Agreement, the Partnership Committee
established a list of 15 individuals who are willing and able to serve as arbitrators (‘the list of arbitrators’).
(3) Armenia has informed the Union that one of the individuals it had proposed no longer fulfils the conditions set out
in Article 339(2) of the Agreement and should therefore be replaced.
(4) In order to ensure the operation of the provisionally applied provisions of the Agreement, the Partnership
Committee is to adopt a decision to replace the list of arbitrators with an amended list.
(5) It is appropriate to establish the position to be adopted on the Union’s behalf in the Partnership Committee as the
decision of the Partnership Committee to replace the list of arbitrators will be binding upon the Union,
HAS ADOPTED THIS DECISION:
Article 1
The position to be adopted on the Union’s behalf within the Partnership Committee established by the Comprehensive and
Enhanced Partnership Agreement between the European Union and the European Atomic Energy Community and their
Member States, of the one part, and the Republic of Armenia, of the other part, as regards the replacement of the list of
arbitrators as referred to in Article 339 of that Agreement shall be based on the corresponding draft decision of the
Partnership Committee(3).
Article 2
This Decision shall enter into force on the day of its adoption.
(1) OJ L 23, 26.1.2018, p. 4.
(2) Council Decision (EU) 2018/104 of 20 November 2017 on the signing, on behalf of the Union, and provisional application of the
Comprehensive and Enhanced Partnership Agreement between the European Union and the European Atomic Energy Community
and their Member States, of the one part, and the Republic of Armenia, of the other part (OJ L 23, 26.1.2018, p. 1).
(3) See document ST 11524/20 at http://register.consilium.europa.euL 362/24 E N O f f i c i a l J o u r n a l o f t h e E u r o p e an Union 30.10.2020
Done at Luxembourg, 23 October 2020.
For the Council
The President
S. SCHULZE