title: Council Decision of 13 May 2011 on the conclusion of an Agreement between the European Union and the Kingdom of Morocco establishing a dispute settlement mechanism

text:
               5.7.2011

               EN

               Official Journal of the European Union

               L 176/1

         COUNCIL DECISION
   of 13 May 2011
   on the conclusion of an Agreement between the European Union and the Kingdom of Morocco establishing a dispute settlement mechanism
   (2011/392/EU)
   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(6)(a)(v), thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               On 24 February 2006 the Council authorised the Commission to open negotiations with partners in the Mediterranean region in order to establish a dispute settlement mechanism related to trade provisions.

               (2)

               Negotiations have been conducted by the Commission in consultation with the committee appointed under Article 207 of the Treaty and within the framework of the negotiating directives issued by the Council.

               (3)

               These negotiations have been concluded and an Agreement between the European Union and the Kingdom of Morocco establishing a Dispute Settlement Mechanism (‘the Agreement’) was initialled on 9 December 2009.

               (4)

               The Agreement was signed on behalf of the Union on 13 December 2010.

               (5)

               The Agreement should be concluded,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and the Kingdom of Morocco establishing a Dispute Settlement Mechanism (‘the Agreement’) is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council shall give, on behalf of the Union, the notification provided for in Article 23 of the Agreement (1).
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 13 May 2011.

            For the Council

            The President

         MARTONYI J.

      (1)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

      AGREEMENT
      between the European Union and the Kingdom of Morocco establishing a dispute settlement mechanism
      THE EUROPEAN UNION, hereinafter referred to as ‘the Union’,
      of the one part, and
      THE KINGDOM OF MOROCCO, hereinafter referred to as ‘Morocco’,
      of the other part,
      HAVE AGREED AS FOLLOWS:
      CHAPTER I

         OBJECTIVE AND SCOPE

      Article 1
      Objective
      The objective of this Agreement is to avoid and settle any trade dispute between the Parties with a view to arrive at, where possible, a mutually agreed solution.
      Article 2
      Application of the Agreement
      1.   The provisions of this Agreement apply with respect to any dispute concerning an alleged violation of the provisions of Title II (with the exception of Article 24) of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part (hereinafter ‘the association Agreement’) (1) or of the Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco concerning reciprocal liberalisation measures on agricultural products, processed agricultural products, fish and fishery products, the replacement of protocols 1, 2 and 3 and their Annexes and amendments to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part. The procedures of this Agreement shall apply if, 60 days after a dispute has been referred to the Association Council pursuant to Article 86 of the Association Agreement, the Association Council has failed to settle the dispute.
      2.   Article 86 of the Association Agreement applies to disputes relating to the application and interpretation of other provisions of the Association Agreement.
      3.   For the purposes of paragraph 1, a dispute shall be deemed to be resolved when the Association Council has taken a decision as provided for in Article 86.2 of the Association Agreement, or when it has declared that there is no longer a dispute.
      CHAPTER II

         CONSULTATIONS AND MEDIATION

      Article 3
      Consultations
      1.   The Parties shall endeavour to resolve any difference regarding the interpretation and application of the provisions referred to in Article 2 by entering into consultations in good faith with the aim of reaching a prompt, equitable and mutually agreed solution. In these consultations, the Parties will also discuss the impact that the alleged breach would have on their trade.
      2.   A Party shall seek consultations by means of a written request to the other Party, copied to the subcommittee ‘industry, trade and services’, identifying any measure at issue and the provisions of the agreements referred to in Article 2 that it considers breached.
      3.   Consultations shall be held within 40 days of the date of receipt of the request and take place, unless the Parties agree otherwise, on the territory of the Party complained against. The consultations shall be deemed concluded within 60 days of the date of receipt of the request, unless both Parties agree to continue consultations. Consultations, in particular all information disclosed and positions taken by the Parties during these proceedings, shall be confidential, and without prejudice to the rights of either Party in any further proceedings.
      4.   Consultations on matters of urgency, including those regarding perishable or seasonal goods shall be held within 15 days of the date of receipt of the request, and shall be deemed concluded within 30 days of the date of receipt of the request.
      5.   If the Party to which the request is made does not respond to the request for consultations within 20 working days of the date of its receipt, or if consultations are not held within the timeframes laid down in paragraph 3 or in paragraph 4 respectively, or if consultations have been concluded and no agreement has been reached on a mutually agreed solution, the complaining Party may request the establishment of an arbitration panel in accordance with Article 5.
      Article 4
      Mediation
      1.   If consultations fail to produce a mutually agreed solution, the Parties may, by mutual agreement, seek recourse to a mediator. Any request for mediation must be made in writing to Party complained against and the subcommittee ‘industry, trade and services’ and state any measure which has been the subject of consultations as well as the mutually agreed terms of reference for the mediation. Each Party undertakes to accord sympathetic consideration to requests for mediation.
      2.   Unless the Parties agree on a mediator within 10 working days of the date of receipt of the request for mediation, the chairpersons of the subcommittee ‘industry, trade and services’, or the chairpersons’ delegate, shall select by lot a mediator from the pool of individuals who are on the list referred to in Article 19 and are not nationals of either Party. The selection shall be made within 15 working days of the date of receipt of the request for mediation. The mediator will convene a meeting with the Parties no later than 30 days after being selected. The mediator shall receive the submissions of each Party no later than 15 days before the meeting and may request additional information from the Parties or from experts or technical advisors as she or he deems necessary. Any information obtained in this manner must be disclosed to each of the Parties and submitted for their comments. The mediator shall notify an opinion no later than 45 days after having been selected.
      3.   The mediator’s opinion may include one or more recommendations on how to resolve the dispute consistent with the provisions referred to in Article 2. The mediator’s opinion is non-binding.
      4.   The Parties may agree to amend the time limits referred to in paragraph 2. The mediator may also decide to amend these time limits upon request of any of the Parties, given the particular difficulties experienced by the Party concerned or the complexities of the case.
      5.   The proceedings involving mediation, in particular the mediator’s opinion and all information disclosed and positions taken by the Parties during these proceedings, shall be confidential, and without prejudice to the rights of either Party in any further proceedings.
      6.   If the Parties agree, procedures for mediation may continue while the arbitration procedure proceeds.
      7.   Replacement of a mediator shall take place only for the reasons and according to the procedures detailed in rules 18 to 21 of the Rules of Procedure.
      CHAPTER III

         DISPUTE SETTLEMENT PROCEDURES

         SECTION I

            Arbitration procedure

      Article 5
      Initiation of the arbitration procedure
      1.   Where the Parties have failed to resolve the dispute by recourse to consultations as provided for in Article 3, or by recourse to mediation as provided for in Article 4, the complaining Party may request the establishment of an arbitration panel.
      2.   The request for the establishment of an arbitration panel shall be made in writing to the Party complained against and the subcommittee ‘industry, trade and services’. The complaining Party shall identify in its request the specific measure at issue, and it shall explain how such measure constitutes a breach of the provisions referred to in Article 2. The establishment of an arbitration panel shall be requested no later than 18 months from the date of receipt of the request for consultations, without prejudice to the rights of the complaining Party to request new consultations on the same matter in the future.
      Article 6
      Establishment of the arbitration panel
      1.   An arbitration panel shall be composed of three arbitrators.
      2.   Within 10 working days of the date of receipt by the Party complained against of the request for the establishment of an arbitration panel, the Parties shall consult in order to reach an agreement on the composition of the arbitration panel.
      3.   In the event that the Parties are unable to agree on its composition within the time frame laid down in paragraph 2, either Party may request the chairpersons of the subcommittee ‘industry, trade and services’, or the chairpersons’ delegate, to select all three members by lot from the list established under Article 19, one among the individuals proposed by the complaining Party, one among the individuals proposed by the Party complained against and one among the individuals selected by the Parties to act as chairperson. Where the Parties agree on one or more of the members of the arbitration panel, any remaining members shall be selected by the same procedure.
      4.   The chairpersons of the subcommittee ‘industry, trade and services’, or the chairpersons’ delegate, shall select the arbitrators within five working days of the request referred to in paragraph 3.
      5.   The date of establishment of the arbitration panel shall be the date on which the three arbitrators are selected.
      6.   Replacement of arbitrators shall take place only for the reasons and according to the procedures detailed in rules 18 to 21 of the Rules of Procedure.
      Article 7
      Interim panel report
      The arbitration panel shall issue an interim report to the Parties setting out the findings of fact, the applicability of relevant provisions and the basic rationale behind any findings and recommendations that it makes, not later than 120 days from the date of establishment of the arbitration panel. Any Party may submit a written request for the arbitration panel to review precise aspects of the interim report within 15 days of its notification. The findings of the final panel ruling shall include a discussion of the arguments made at the interim review stage.
      Article 8
      Arbitration panel ruling
      1.   The arbitration panel shall notify its ruling to the Parties and to the subcommittee ‘industry, trade and services’ within 150 days from the date of the establishment of the arbitration panel. Where it considers that this deadline cannot be met, the chairperson of the arbitration panel must notify the Parties and the subcommittee ‘industry, trade and services’ in writing, stating the reasons for the delay and the date on which the panel plans to conclude its work. Under no circumstances should the ruling be notified later than 180 days from the date of the establishment of the arbitration panel.
      2.   In cases of urgency, including those involving perishable or seasonal goods, the arbitration panel shall make every effort to notify its ruling within 75 days from the date of its establishment. Under no circumstance should it take longer than 90 days from its establishment. The arbitration panel shall give a preliminary ruling within 10 days of its establishment on whether it deems the case to be urgent.
      3.   The arbitration panel shall, at the request of both Parties, suspend its work at any time for a period agreed by the Parties not exceeding 12 months and shall resume its work at the end of this agreed period at the request of the complaining Party. If the complaining Party does not request the resumption of the arbitration panel’s work before the expiry of the agreed suspension period, the procedure shall be terminated. The suspension and termination of the arbitration panel’s work are without prejudice to the rights of either Party in another proceeding on the same matter.

         SECTION II

            Compliance

      Article 9
      Compliance with the arbitration panel ruling
      Each Party shall take any measure necessary to comply with the arbitration panel ruling, and the Parties will endeavour to agree on the period of time to comply with the ruling.
      Article 10
      The reasonable period of time for compliance
      1.   No later than 30 days after the receipt of the notification of the arbitration panel ruling to the Parties, the Party complained against shall notify the complaining Party and the subcommittee ‘industry, trade and services’ of the time it will require for compliance (reasonable period of time), if immediate compliance is not possible.
      2.   If there is disagreement between the Parties on the reasonable period of time to comply with the arbitration panel ruling, the complaining Party shall, within 20 days of the receipt of the notification made under paragraph 1 by the Party complained against, request in writing the arbitration panel to determine the length of the reasonable period of time. Such request shall be notified simultaneously to the other Party and to the subcommittee ‘industry, trade and services’. The arbitration panel shall notify its ruling to the Parties and to the subcommittee ‘industry, trade and services’ within 30 days from the date of the submission of the request.
      3.   The reasonable period of time may be extended by mutual agreement of the Parties.
      Article 11
      Review of any measure taken to comply with the arbitration panel ruling
      1.   The Party complained against shall notify the other Party and the subcommittee ‘industry, trade and services’ before the end of the reasonable period of time of any measure that it has taken to comply with the arbitration panel ruling.
      2.   In the event that there is disagreement between the Parties concerning the existence or the consistency of any measure notified under paragraph 1 with the provisions referred to in Article 2, the complaining Party may request, in writing, the arbitration panel to rule on the matter. Such request shall identify the specific measure at issue and it shall explain how such measure is inconsistent with the provisions referred to in Article 2. The arbitration panel shall notify its ruling within 90 days of the date of the submission of the request. In cases of urgency, including those involving perishable or seasonal goods, the arbitration panel shall notify its ruling within 45 days of the date of the submission of the request.
      Article 12
      Temporary remedies in case of non-compliance
      1.   If the Party complained against fails to notify any measure taken to comply with the arbitration panel ruling before the expiry of the reasonable period of time, or if the arbitration panel rules that the measure notified under Article 1(1) is inconsistent with that Party’s obligations under the provisions referred to in Article 2, the Party complained against shall, if so requested by the complaining Party, present an offer for temporary compensation.
      2.   If no agreement on compensation is reached within 30 days after the end of the reasonable period of time or of the arbitration panel ruling under Article 11 that a measure taken to comply is inconsistent with the provisions referred to in Article 2, the complaining Party shall be entitled, upon notification to the other Party and to the subcommittee ‘industry, trade and services’, to suspend obligations arising from any provision referred to in Article 2 at a level equivalent to the nullification or impairment caused by the violation. The complaining Party may implement the suspension 10 working days after the date of receipt of the notification by the Party complained against, unless the Party complained against has requested arbitration under paragraph 3.
      3.   If the Party complained against considers that the level of suspension is not equivalent to the nullification or impairment caused by the violation, it may request, in writing, the arbitration panel to rule on the matter. Such request shall be notified to the other Party and to the subcommittee ‘industry, trade and services’ before the expiry of the 10 working day period referred to in paragraph 2. The arbitration panel, having sought, if appropriate, the opinion of experts, shall notify its ruling on the level of the suspension of obligations to the Parties and to the institutional body responsible for trade matters within 30 days of the date of the submission of the request. Obligations shall not be suspended until the arbitration panel has notified its ruling, and any suspension shall be consistent with the arbitration panel ruling.
      4.   The suspension of obligations shall be temporary and shall be applied only until any measure found to be inconsistent with the provisions referred to in Article 2 has been withdrawn or amended so as to bring it into conformity with those provisions, as established under Article 13, or until the Parties have agreed to settle the dispute.
      Article 13
      Review of any measure taken to comply after the suspension of obligations
      1.   The Party complained against shall notify the other Party and the subcommittee ‘industry, trade and services’ of any measure it has taken to comply with the ruling of the arbitration panel and of its request for an end to the suspension of obligations applied by the complaining Party.
      2.   If the Parties do not reach an agreement on the compatibility of the notified measure with the provisions referred to in Article 2 within 30 days of the date of receipt of the notification, the complaining Party shall request, in writing, the arbitration panel to rule on the matter. Such request shall be notified simultaneously to the other Party and to the subcommittee ‘industry, trade and services’. The arbitration panel ruling shall be notified to the Parties and to the subcommittee ‘industry, trade and services’ within 45 days of the date of the submission of the request. If the arbitration panel rules that any measure taken to comply is in conformity with the provisions referred to in Article 2, the suspension of obligations shall be terminated.

         SECTION III

            Common provisions

      Article 14
      Mutually agreed solution
      The Parties may reach a mutually agreed solution to a dispute under this Agreement at any time. They shall notify the subcommittee ‘industry, trade and services’ and the arbitration panel of any such solution. Upon notification of the mutually agreed solution, the panel shall terminate its work and the procedure shall be terminated.
      Article 15
      Rules of Procedure
      1.   Dispute settlement procedures under Chapter III of this Agreement shall be governed by the Rules of Procedure annexed to this Agreement.
      2.   Any meeting of the arbitration panel shall be open to the public in accordance with the Rules of Procedure, unless the Parties agree otherwise.
      Article 16
      Information and technical advice
      At the request of a Party, or upon its own initiative, the arbitration panel may obtain information it deems appropriate for the arbitration panel proceeding. In particular, the arbitration panel also has the right to seek the relevant opinion of experts as it deems appropriate. The arbitration panel shall consult the Parties before choosing such experts. Any information obtained in this manner must be disclosed to each of the Parties and submitted for their comments. Unless the Parties agree otherwise, interested natural or legal persons established in the Parties are authorised to submit communications in writing to the arbitration panels in accordance with the Rules of Procedure. Such communications shall be limited to the factual aspects of the dispute and shall not address points of law.
      Article 17
      Rules of interpretation
      Any arbitration panel shall interpret the provisions referred to in Article 2 in accordance with customary rules of interpretation of public international law, including the Vienna Convention on the Law of Treaties. The rulings of the arbitration panel cannot add to or diminish the rights and obligations provided in the provisions referred to in Article 2.
      Article 18
      Arbitration panel decisions and ruling
      1.   The arbitration panel shall make every effort to take any decision by consensus. Where, nevertheless, a decision cannot be arrived at by consensus, the matter at issue shall be decided by majority vote. However, in no case dissenting opinions of arbitrators shall be published.
      2.   Any ruling of the arbitration panel shall be binding on the Parties and shall not create any rights or obligations to physical or legal persons. The ruling shall set out the findings of fact, the applicability of the relevant provisions of the agreements set out in Article 2 and the basic rationale behind any findings and conclusions that it makes. The subcommittee ‘industry, trade and services’ shall make the arbitration panel ruling publicly available in its entirety unless it decides not to do so in order to ensure the confidentiality of business confidential information.
      CHAPTER IV

         GENERAL PROVISIONS

      Article 19
      Lists of arbitrators
      1.   The subcommittee ‘industry, trade and services’ shall, no later than 6 months after the entry into force of this Agreement, establish a list of at least 15 individuals who are willing and able to serve as arbitrators. Each of the Parties shall propose at least five individuals to serve as arbitrators. The two Parties shall also select at least five individuals that are not nationals of either Party and who shall act as chairperson to the arbitration panel. The subcommittee ‘industry, trade and services’ will ensure that the list is always maintained at this level.
      2.   Arbitrators shall have specialised knowledge or experience of law and international trade. They shall be independent, serve in their individual capacities and not take instructions from any organisation or government, or be affiliated with the government of any of the Parties, and shall comply with the Code of Conduct annexed to this Agreement.
      3.   The subcommittee ‘industry, trade and services’ may establish additional lists of at least 15 individuals having a sectoral expertise in specific matters covered by the agreements referred to in Article 2. Each of the Parties shall propose at least five individuals to serve as arbitrators. The two Parties shall also select at least five individuals that are not nationals of either Party and who shall act as chairperson to the arbitration panel. When recourse is made to the selection procedure of Article 6(2), the chairpersons of the subcommittee ‘industry, trade and services’ may use a sectoral list upon agreement of both Parties.
      Article 20
      Relation with WTO obligations
      1.   When a Party seeks the settlement of a dispute concerning an obligation under the WTO Agreement, it shall have recourse to the relevant rules and procedures of the WTO Agreement, which apply notwithstanding the provisions of this Agreement.
      2.   When a Party seeks the settlement of a dispute concerning an obligation falling within the scope of this Agreement as defined in Article 2, it shall have recourse to the rules and procedures of this Agreement.
      3.   Unless the Parties otherwise agree, when a Party seeks the settlement of a dispute concerning an obligation falling within the scope of this Agreement as defined in Article 2, which is equivalent in substance to an obligation under the WTO, it shall have recourse to the relevant rules and procedures of the WTO Agreement, which apply notwithstanding the provisions of this Agreement.
      4.   Once dispute settlement procedures have been initiated, the forum selected in accordance with the paragraphs above, if it has not declined its jurisdiction, shall be used to the exclusion of the other.
      5.   Nothing in this Agreement shall preclude a Party from implementing the suspension of obligations authorised by the Dispute Settlement Body of the WTO. The WTO Agreement shall not be invoked to preclude a Party from suspending obligations under this Agreement.
      Article 21
      Time limits
      1.   All time limits laid down in this Agreement, including the limits for the arbitration panels to notify their rulings, shall be counted in calendar days from the day following the act or fact to which they refer, unless otherwise specified.
      2.   Any time limit referred to in this Agreement may be modified by mutual agreement of the Parties. The Parties undertake to accord sympathetic consideration to requests for extensions of any time limit by reason of difficulties faced by any Party in complying with the procedures of this Agreement. Upon request of a Party, the arbitration panel may modify the time limits applicable in the proceedings, taking into account the different level of development of the Parties.
      Article 22
      Review and modification of the Agreement
      1.   After the entry into force of this Agreement and its Annexes, the Association Council may at any time review their implementation, with a view to decide their continuation, modification or termination.
      2.   In this review, the Association Council may consider the possibility of creating an Appellate Body common to several Euro-Mediterranean Agreements.
      3.   The Association Council may decide to modify this Agreement and its Annexes.
      Article 23
      Entry into force
      This Agreement will be approved by the Parties in accordance with their own procedures. This Agreement shall enter into force on the first day of the second month following the date on which the Parties notify each other that the procedures referred to in this Article have been completed.

         Done at Brussels, in duplicate, on the thirteenth day of December in the year two thousand and ten, in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Arabic languages, each of these texts being equally authentic.

            За Европейския съюз
            Por la Unión Europea
            Za Evropskou unii
            For Den Europæiske Union
            Für die Europäische Union
            Euroopa Liidu nimel
            Για την Ευρωπαϊκή Ένωση
            For the European Union
            Pour l'Union européenne
            Per l'Unione europea
            Eiropas Savienības vārdā –
            Europos Sąjungos vardu
            Az Európai Unió részéről
            Għall-Unjoni Ewropea
            Voor de Europese Unie
            W imieniu Unii Europejskiej
            Pela União Europeia
            Pentru Uniunea Europeană
            Za Európsku úniu
            Za Evropsko unijo
            Euroopan unionin puolesta
            För Europeiska unionen

            За Кралство Мароко
            Por el Reino de Marruecos
            Za Marocké království
            For Kongeriget Marokko
            Für das Königreich Marokko
            Maroko Kuningriigi nimel
            Για το Βασίλειο του Μαρόκου
            For the Kingdom of Morocco
            Pour le Royaume du Maroc
            Per il Regno del Marocco
            Marokas Karalistes vārdā –
            Maroko Karalystės vardu
            A Marokkói Királyság részéről
            Għar-Renju tal-Marokk
            Voor het Koninkrijk Marokko
            W imieniu Królestwa Maroka
            Pelo Reino de Marrocos
            Pentru Regatul Maroc
            Za Marocké kráľovstvo
            Za Kraljevino Maroko
            Marokon kuningaskunnan puolesta
            För Konungariket Marocko

         (1)  The provisions of this Agreement are without prejudice to Article 34 of the Protocol concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation.

         ANNEXES

                        ANNEX I:

                     RULES OF PROCEDURE FOR ARBITRATION

                        ANNEX II:

                     CODE OF CONDUCT FOR MEMBERS OF ARBITRATION PANELS AND MEDIATORS

            ANNEX I

               RULES OF PROCEDURE FOR ARBITRATION

               General provisions

                        1.

                        In this Agreement and under these rules:

                                    ‘adviser’ means a person retained by a Party to advise or assist that Party in connection with the arbitration panel proceeding;

                                    ‘complaining Party’ means any Party that requests the establishment of an arbitration panel under Article 5 of this Agreement;

                                    ‘Party complained against’ means the Party that is alleged to be in violation of the provisions referred to in Article 2 of this Agreement;

                                    ‘arbitration panel’ means a panel established under Article 6 of this Agreement;

                                    ‘representative of a Party’ means an employee or any person appointed by a government department or agency or any other public entity of a Party;

                                    ‘day’ means a calendar day, unless otherwise specified.

                        2.

                        The Party complained against shall be in charge of the logistical administration of dispute settlement proceedings, in particular the organisation of hearings, unless otherwise agreed. However, the European Union shall bear the expenses derived from all organizational matters regarding consultations, mediation and arbitration, with the exception of the remuneration and the expenses to be paid to the mediators and arbitrators, which shall be shared.

               Notifications

                        3.

                        The Parties and the arbitration panel shall transmit any request, notice, written submission or other document by e-mail, with a copy submitted on the same day by facsimile transmission, registered post, courier, delivery against receipt, or any other means of telecommunication that provides a record of the sending thereof. Unless proven otherwise, a message sent by e-mail and by facsimile shall be deemed to be received on the same date of its sending.

                        4.

                        A Party shall provide an electronic copy of each of its written submissions to the other Party and to each of the arbitrators. A paper copy of the document shall also be provided.

                        5.

                        All notifications shall be addressed to the Foreign Ministry of Morocco and to the Directorate-General for Trade of the European Commission, respectively.

                        6.

                        Minor errors of a clerical nature in any request, notice, written submission or other document related to the arbitration panel proceeding may be corrected by delivery of a new document clearly indicating the changes.

                        7.

                        If the last day for delivery of a document falls on an official holiday or rest day of Morocco or of the Union, the document may be delivered on the next business day. The Parties shall exchange a list of dates of their official holidays and rest days on the first Monday of every December for the following year. No documents, notifications or requests of any kind shall be deemed to be received on an official holiday or rest day. Moreover, for the count of all time limits laid expressed in this Agreement in terms of working days, only the working days common to both parties shall be taken into account.

                        8.

                        Depending on the object of the provisions under dispute, all requests and notifications addressed to the sub-committee on industry, trade and services in accordance with this Agreement shall also be copied to the other relevant sub-committees established under the Association Agreement.

               Commencing the arbitration

                        9.

                                    (a)

                                    If pursuant to Article 6 of this Agreement or to rules 19, 20 or 49 of these Rules of Procedure members of the arbitration panel are selected by lot, representatives of both Parties shall be present when lots are drawn.

                                    (b)

                                    Unless the Parties agree otherwise, they shall meet the arbitration panel within seven working days of its establishment in order to determine such matters that the Parties or the arbitration panel deem appropriate, including the remuneration and expenses to be paid to the arbitrators, which will be in accordance with WTO standards. Members of the arbitration panel and representatives of the Parties may take part in this meeting via telephone or video conference.

                        10.

                                    (a)

                                    Unless the Parties agree otherwise, within five working days from the date of the selection of the arbitrators, the terms of reference of the arbitration panel shall be:
                                    ‘to examine, in the light of the relevant provisions of the agreements referred to in Article 2 of the Agreement on Dispute Settlement, the matter referred to in the request for establishment of the arbitration panel, to rule on the compatibility of the measure in question with the provisions referred to in Article 2 of the Agreement on Dispute Settlement and to make a ruling in accordance with Article 8 of the Agreement on Dispute Settlement.’

                                    (b)

                                    The Parties must notify the agreed terms of reference to the arbitration panel within five working days of their agreement.

               Initial submissions

                        11.

                        The complaining Party shall deliver its initial written submission no later than 20 days after the date of establishment of the arbitration panel. The Party complained against shall deliver its written counter-submission no later than 20 days after the date of delivery of the initial written submission.

               Working of arbitration panels

                        12.

                        The chairperson of the arbitration panel shall preside at all its meetings. An arbitration panel may delegate to the chairperson authority to make administrative and procedural decisions.

                        13.

                        Unless otherwise provided in this Agreement, the arbitration panel may conduct its activities by any means, including telephone, facsimile transmissions or computer links.

                        14.

                        Only arbitrators may take part in the deliberations of the arbitration panel, but the arbitration panel may permit its assistants to be present at its deliberations.

                        15.

                        The drafting of any ruling shall remain the exclusive responsibility of the arbitration panel and must not be delegated.

                        16.

                        Where a procedural question arises that is not covered by the provisions of this Agreement and its Annexes, the arbitration panel, after consulting the Parties, may adopt an appropriate procedure that is compatible with those provisions.

                        17.

                        When the arbitration panel considers that there is a need to modify any time limit applicable in the proceedings or to make any other procedural or administrative adjustment, it shall inform the Parties in writing of the reasons for the change or adjustment and of the period or adjustment needed. The arbitration panel may adopt such change or modification after consulting the Parties. The time limits of Article 8 paragraph 2 of this Agreement shall not be modified.

               Replacement

                        18.

                        If an arbitrator is unable to participate in the proceeding, withdraws, or must be replaced, a replacement shall be selected in accordance with Article 6(3).

                        19.

                        Where a Party considers that an arbitrator does not comply with the requirements of the Code of Conduct and for this reason should be replaced, this Party should notify the other Party within 15 days from the time at which it came to know of the circumstances underlying the arbitrator’s material violation of the Code of Conduct.
                        Where 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, replace the arbitrator and select a replacement following the procedure set out in Article 6(3) of this Agreement.
                        If the Parties fail to agree on the need to replace an arbitrator, any Party may request that such matter be referred to the chairperson of the arbitration panel, whose decision shall be final.
                        If the chairperson finds that an arbitrator does not comply with the requirements of the Code of Conduct, she or he shall select a new arbitrator by lot among the pool of individuals referred to under Article 19(1) of this Agreement of which the original arbitrator was a Member. If the original arbitrator was chosen by the Parties pursuant to Article 6(2) of this Agreement, the replacement shall be selected by lot among the pools of individuals that have been proposed by the complaining Party and by the Party complained against under Article 19(1) of this Agreement. The selection of the new arbitrator shall be done within five working days of the date of the submission of the request to the chairperson of the arbitration panel.

                        20.

                        Where a Party considers that the chairperson of the arbitration panel does not comply with the requirements of the Code of Conduct, the Parties shall consult and, if they so agree, replace the chairperson and select a replacement following the procedure set out in Article 6(3) of this Agreement.
                        If the Parties fail to agree on the need to replace the chairperson, any Party may request that such matter be referred to one of the remaining members of the pool of individuals selected to act as chairpersons under Article 19(1) of this Agreement. Her or his name shall be drawn by lot by the chairpersons of the subcommittee ‘industry, trade and services’, or the chairpersons’ delegate. The decision by this person on the need to replace the chairperson shall be final.
                        If this person decides that the original chairperson does not comply with the requirements of the Code of Conduct, she or he shall select a new chairperson by lot among the remaining pool of individuals referred to under Article 19(1) of this Agreement who may act as chairpersons. This selection of the new chairperson shall be done within five working days of the date of the submission of the request referred to in this paragraph.

                        21.

                        The arbitration panel proceedings shall be suspended for the period taken to carry out the procedures provided for in rules 18, 19 and 20.

               Hearings

                        22.

                        The chairperson shall fix the date and time of the hearing in consultation with the Parties and the other members of the arbitration panel, and confirm this in writing to the Parties. This information shall also be made publicly available by the Party in charge of the logistical administration of the proceedings if the hearing is open to the public. Unless a Party disagrees, the arbitration panel may decide not to convene a hearing.

                        23.

                        Unless the Parties agree otherwise, the hearing shall be held in Brussels if the complaining Party is Morocco, and in Rabat if the complaining Party is the Union.

                        24.

                        The arbitration panel may convene one additional hearing only in exceptional circumstances. No additional hearing shall be convened for the procedures established under Articles 10(2), 11(2), 12(3) and 13(2) of this Agreement.

                        25.

                        All arbitrators shall be present during the entirety of any hearings.

                        26.

                        The following persons may attend the hearing, irrespective of whether the proceedings are open to the public or not:

                                    (a)

                                    representatives of the Parties;

                                    (b)

                                    advisers to the Parties;

                                    (c)

                                    administrative staff, interpreters, translators and court reporters; and

                                    (d)

                                    arbitrators’ assistants.

                              Only the representatives and advisers of the Parties may address the arbitration panel.

                        27.

                        No later than five working days before the date of a hearing, each Party shall deliver to the arbitration panel a list of the names of persons who will make oral arguments or presentations at the hearing on behalf of that Party and of other representatives or advisers who will be attending the hearing.

                        28.

                        The hearings of the arbitration panels shall be open to the public, unless the Parties decide otherwise. If the Parties decide that the hearing is closed to the public, part of the hearing may, however, be open to the public if the arbitration panel, on application by the Parties, so decides. However the arbitration panel shall meet in closed session when the submission and arguments of a Party contains confidential commercial information.

                        29.

                        The arbitration panel shall conduct the hearing in the following manner:

                                    Argument:

                                                (a)

                                                argument of the complaining Party;

                                                (b)

                                                argument of the Party complained against.

                                    Rebuttal Argument:

                                                (a)

                                                argument of the complaining Party;

                                                (b)

                                                counter-reply of the Party complained against.

                        30.

                        The arbitration panel may direct questions to either Party at any time during the hearing.

                        31.

                        The arbitration panel shall arrange for a transcript of each hearing to be prepared and delivered as soon as possible to the Parties.

                        32.

                        Each Party may deliver a supplementary written submission concerning any matter that arose during the hearing within 10 working days of the date of the hearing.

               Questions in writing

                        33.

                        The arbitration panel may at any time during the proceedings address questions in writing to one or both Parties. Each of the Parties shall receive a copy of any questions put by the arbitration panel.

                        34.

                        A Party shall also provide a copy of its written response to the arbitration panel’s questions to the other Party. Each Party shall be given the opportunity to provide written comments on the other Party’s reply within five working days of the date of receipt.

               Confidentiality

                        35.

                        The Parties shall maintain the confidentiality of the arbitration panel hearings where the hearings are held in closed session, in accordance with rule 28. Each Party shall treat as confidential any information submitted by the other Party to the arbitration panel which that Party has designated as confidential. Where a Party submits a confidential version of its written submissions to the arbitration panel, it shall also, upon request of the other Party, provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public no later than 15 days after the date of either the request or the submission, whichever is later. Nothing in these rules shall preclude a Party from disclosing statements of its own positions to the public.

               Ex parte contacts

                        36.

                        The arbitration panel shall not meet or contact a Party in the absence of the other Party.

                        37.

                        No member of the arbitration panel may discuss any aspect of the subject matter of the proceedings with one Party or both Parties in the absence of the other arbitrators.

               Amicus curiae submissions

                        38.

                        Unless the Parties agree otherwise within 5 days of the date of the establishment of the arbitration panel, the arbitration panel may receive unsolicited written submissions, provided that they are made within 10 days of the date of the establishment of the arbitration panel, that they are concise and in no case longer than 15 typed pages, including any annexes, and that they are directly relevant to the factual issue under consideration by the arbitration panel.

                        39.

                        The submission shall contain a description of the person making the submission, whether natural or legal, including the nature of their activities and the source of its financing, and specify the nature of the interest that the person has in the arbitration proceeding. It shall be drafted in the languages chosen by the Parties in accordance with Rules 42 and 43 of these Rules of Procedure.

                        40.

                        The arbitration panel shall list in its ruling all the submissions it has received that conform to the above rules. The arbitration panel shall not be obliged to address in its ruling the arguments made in such submissions. Any submission obtained by the arbitration panel under this rule shall be submitted to the Parties for their comments.

               Urgent cases

                        41.

                        In cases of urgency referred to in this Agreement, the arbitration panel, after consulting the Parties, shall adjust the time limits referred to in these rules as appropriate and shall notify the Parties of such adjustments.

               Translation and interpretation

                        42.

                        During the consultations referred to in Article 6(2) of this Agreement, and no later than the meeting referred to in Rule 9(b) of these Rules of Procedure, the Parties shall endeavour to agree on a common working language for the proceedings before the arbitration panel.

                        43.

                        If the Parties are unable to agree on a common working language, each Party shall arrange for and bear the costs of the translation of its written submissions into the language chosen by the other Party

                        44.

                        The Party complained against shall arrange for the interpretation of oral submissions into the languages chosen by the Parties.

                        45.

                        Arbitration panel rulings shall be notified in the language or languages chosen by the Parties.

                        46.

                        Any Party may provide comments on any translated version of a document drawn up in accordance with these rules.

               Calculation of time limits

                        47.

                        Where, by reason of the application of rule 7 of these Rules of Procedure, a Party receives a document on a date other than the date on which this document is received by the other Party, any period of time that is calculated on the basis of the date of receipt of that document shall be calculated from the last date of receipt of that document.

               Other procedures

                        48.

                        These Rules of Procedure are also applicable to procedures established under Articles 10(2), 11(2), 12(3) and 13(2) of this Agreement. However, the time limits laid down in these Rules of Procedure shall be adjusted in line with the special time limits provided for the adoption of a ruling by the arbitration panel in those other procedures.

                        49.

                        In the event of the original panel, or some of its members, being unable to reconvene for the procedures established under Articles 10(2), 11(2), 12(3) and 13(2) of this Agreement, the procedures set out in Article 6 of this Agreement shall apply. The time limit for the notification of the ruling shall be extended by 15 days.

            ANNEX II

               CODE OF CONDUCT FOR MEMBERS OF ARBITRATION PANELS AND MEDIATORS

               Definitions

                        1.

                        In this Code of Conduct:

                                    (a)

                                    ‘member’ or ‘arbitrator’ means a member of an arbitration panel effectively established under Article 6 of this Agreement;

                                    (b)

                                    ‘mediator’ means a person who conducts a mediation in accordance with Article 4 of this Agreement;

                                    (c)

                                    ‘candidate’ means an individual whose name is on the list of arbitrators referred to in Article 19 of this Agreement and who is under consideration for selection as a member of an arbitration panel under Article 6 of this Agreement;

                                    (d)

                                    ‘assistant’ means a person who, under the terms of appointment of a member, conducts, researches or provides assistance to the member;

                                    (e)

                                    ‘proceeding’, unless otherwise specified, means an arbitration panel proceeding under this Agreement;

                                    (f)

                                    ‘staff’, in respect of a member, means persons under the direction and control of the member, other than assistants.

               Responsibilities to the process

                        2.

                        Every candidate and member shall avoid impropriety and the appearance of impropriety, shall be independent and impartial, shall avoid direct and indirect conflicts of interests and shall observe high standards of conduct so that the integrity and impartiality of the dispute settlement mechanism is preserved. Former members must comply with the obligations established in paragraphs 15, 16, 17 and 18 of this Code of Conduct.

               Disclosure obligations

                        3.

                        Prior to confirmation of her or his selection as a member of the arbitration panel under this Agreement, a candidate shall disclose any interest, relationship or matter that is likely to affect his or her independence or impartiality or that might reasonably create an appearance of impropriety or bias in the proceeding. To this end, a candidate shall make all reasonable efforts to become aware of any such interests, relationships and matters.

                        4.

                        A candidate or member shall only communicate matters concerning actual or potential violations of this Code of Conduct to the subcommittee ‘industry, trade and services’ for consideration by the Parties.

                        5.

                        Once selected, a member shall continue to make all reasonable efforts to become aware of any interests, relationships or matters referred to in paragraph 3 of this Code of Conduct and shall disclose them. The disclosure obligation is a continuing duty which requires a member to disclose any such interests, relationships or matters that may arise during any stage of the proceeding. The member shall disclose such interests, relationships or matters by informing the subcommittee ‘industry, trade and services’, in writing, for consideration by the Parties.

               Duties of members

                        6.

                        Upon selection a member shall perform her or his duties thoroughly and expeditiously throughout the course of the proceeding, and with fairness and diligence.

                        7.

                        A member shall consider only those issues raised in the proceeding and necessary for a ruling and shall not delegate this duty to any other person.

                        8.

                        A member shall take all appropriate steps to ensure that his or her assistant and staff are aware of, and comply with, paragraphs 2, 3, 4, 5, 16, 17 and 18 of this Code of Conduct.

                        9.

                        A member shall not engage in ex parte contacts concerning the proceeding.

               Independence and impartiality of members

                        10.

                        A member must be independent and impartial and avoid creating an appearance of impropriety or bias and shall not be influenced by self-interest, outside pressure, political considerations, public clamour, and loyalty to a Party or fear of criticism.

                        11.

                        A member shall not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of her or his duties.

                        12.

                        A member may not use her or his position on the arbitration panel to advance any personal or private interests and shall avoid actions that may create the impression that others are in a special position to influence her or him.

                        13.

                        A member may not allow financial, business, professional, family or social relationships or responsibilities to influence her or his conduct or judgement.

                        14.

                        A member must avoid entering into any relationship or acquiring any financial interest that is likely to affect her or his impartiality or that might reasonably create an appearance of impropriety or bias.

               Obligations of former members

                        15.

                        All former members must avoid actions that may create the appearance that they were biased in carrying out their duties or derived advantage from the decision or ruling of the arbitration panel.

               Confidentiality

                        16.

                        No member or former member shall at any time disclose or use any non-public information concerning a proceeding or acquired during a proceeding except for the purposes of that proceeding and shall not, in any case, disclose or use any such information to gain personal advantage or advantage for others or to adversely affect the interest of others.

                        17.

                        A member shall not disclose an arbitration panel ruling or parts thereof prior to its publication in accordance with this Agreement.

                        18.

                        A member or former member shall not at any time disclose the deliberations of an arbitration panel, or any member’s view.

               Expenses

                        19.

                        Each member shall keep a record and render a final account of the time devoted to the procedure and of her or his expenses.

               Mediators

                        20.

                        The disciplines described in this Code of Conduct as applying to members or former members shall apply, mutatis mutandis, to mediators.


               2.9.2016

               EN

               Official Journal of the European Union

               C 324/14

         P8_TA(2015)0083
   Request for waiver of the immunity of António Marinho e Pinto
   European Parliament decision of 25 March 2015 on the request for waiver of the immunity of António Marinho e Pinto (2014/2191(IMM))
   (2016/C 324/02)

      Τhe European Parliament,

               —

               having regard to the request for waiver of the immunity of António Marinho e Pinto, forwarded by Dr Rodrigo Pereira da Costa, a judge at the Coimbra District Court on 8 October 2014 (Ref. 6076/12.0TDLSB) and announced in plenary on 12 November 2014,

               —

               having heard António Marinho e Pinto in accordance with Rule 9(5) of its Rules of Procedure,

               —

               having regard to Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

               —

               having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008, 19 March 2010, 6 September 2011 and 17 January 2013 (1),

               —

               having regard to Article 157(2) and (3) of the Constitution of the Portuguese Republic,

               —

               having regard to Rule 5(2), Rule 6(1) and Rule 9 of its Rules of Procedure,

               —

               having regard to the report of the Committee on Legal Affairs (A8-0062/2015),

               A.

               whereas the judge at the Coimbra District Court has submitted a request for waiver of the parliamentary immunity of a Member of the European Parliament António Marinho e Pinto in connection with possible legal action concerning an alleged offence;

               B.

               whereas, under Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union, Members shall enjoy, in the territory of their own state, the immunities accorded to Members of the Parliament of that state;

               C.

               whereas, under Article 157(2) and (3) of the Constitution of the Portuguese Republic, Members of Parliament may not, during the parliamentary term, be prosecuted, arrested, imprisoned or otherwise confined without the Assembly’s prior agreement;

               D.

               whereas António Marinho e Pinto is accused of defamation of former officials of the Portuguese Bar Association;

               E.

               whereas the charges are manifestly unrelated to the position of António Marinho e Pinto as a Member of the European Parliament and arise from his former position as President of the Portuguese Bar Association;·

               F.

               whereas the alleged actions do not relate to opinions expressed or votes cast by the Member of the European Parliament in the performance of his duties within the meaning of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union;

               G.

               whereas there is no suspicion of any attempt to obstruct the parliamentary work of António Marinho e Pinto (fumus persecutionis) behind the proceedings, which were in fact initiated before he assumed his seat in the European Parliament;

               1.

               Decides to waive the immunity of António Marinho e Pinto;

               2.

               Instructs its President to forward this decision and the report of its committee responsible immediately to the judge at the Coimbra District Court and to António Marinho e Pinto.

      (1)  Judgment of the Court of Justice of 12 May 1964, Wagner v Fohrmann and Krier, 101/63, ECLI:EU:C:1964:28; judgment of the Court of Justice of 10 July 1986, Wybot v Faure and others, 149/85, ECLI:EU:C:1986:310; judgment of the General Court of 15 October 2008, Mote v Parliament, T-345/05, ECLI:EU:T:2008:440; judgment of the Court of Justice of 21 October 2008, Marra v De Gregorio and Clemente, C 200/07 and C-201/07, ECLI:EU:C:2008:579; judgment of the General Court of 19 March 2010, Gollnisch v Parliament, T-42/06, ECLI:EU:T:2010:102; judgment of the Court of Justice of 6 September 2011, Patriciello, C 163/10, ECLI: EU:C:2011:543; judgment of the General Court of 17 January 2013, Gollnisch v Parliament, T-346/11 and T-347/11, ECLI:EU:T:2013:23.


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32003D0529

2003/529/CFSP: Political and Security Committee Decision DRC 2/2003 of 11 July 2003 on the setting up of the Committee of Contributors for the European Union military operation in the Democratic Republic of Congo

Official Journal L 184 , 23/07/2003 P. 0013 - 0014

Political and Security Committee Decision DRC 2/2003of 11 July 2003on the setting up of the Committee of Contributors for the European Union military operation in the Democratic Republic of Congo(2003/529/CFSP)THE POLITICAL AND SECURITY COMMITTEE,Having regard to the Treaty on European Union, and in particular Article 25, last paragraph, thereof,Having regard to the Council Joint Action 2003/423/CFSP of 5 June 2003 on the European Union military operation in the Democratic Republic of Congo(1), and in particular Article 10 thereof,Whereas:(1) Under Article 10 of the Joint Action 2003/423/CFSP, the Council authorised the Political and Security Committee (PSC) to take relevant decisions on the setting up of a Committee of Contributors, in case that the third States provide significant military contributions.(2) The European Council conclusions of Nice and Brussels have laid down the arrangements for the participation of third States in crisis management operations and the setting up of a Committee of Contributors.(3) The Committee of Contributors will play a key role in the day-to-day management of the operation. The Committee will be the main forum where contributing States collectively address questions relating to the employment of their forces in the operation. The PSC, which exercises the political control and strategic direction of the operation, will take account of the views expressed by the Committee of Contributors.(4) In conformity with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not participate in the elaboration and implementation of decisions and actions of the European Union which have defence implications. Denmark does not participate in the financing of the operation,HAS DECIDED AS FOLLOWS:Article 1EstablishmentA Committee of Contributors for the European Union military operation in the Democratic Republic of Congo (hereafter called the CoC) is hereby established.Article 2FunctionsThe terms of reference of the CoC are laid down in the European Council Conclusions of Nice (7, 8 and 9 December 2000) and Brussels (24 to 25 October 2002).Article 3Composition1. The CoC members shall be as follows:- Representatives of all EU Member States,- Representatives of the third States participating in the operation and providing significant military contributions, referred to in the Annex.2. The Director General of the European Union Military Staff and the Operation Commander are also entitled to attend or to be represented at the CoC meetings.Article 4ChairIn conformity with the Nice conclusions and without prejudice to the prerogatives of the Presidency, the CoC for this operation will be chaired by the Secretary General/High Representative or his representative in close consultation with the Presidency, assisted by the Chairman of the European Union Military Committee or representative.Article 5Meetings1. The CoC shall be convened by the Chair on a regular basis. Where circumstances require, emergency meetings may be convened on the Chair's initiative, or at the request of a member.2. The Chair shall circulate in advance a provisional agenda and documents relating to the meeting. The proceedings shall be circulated after each meeting.3. Representatives of the Commission and other persons may be invited for relevant parts of the discussion, as appropriate.Article 6Procedure1. Except as provided in paragraph 3 and without prejudice to the competencies of the Political and Security Committee and the responsibilities of the Operation Commander,- unanimity of the representatives of States contributing to the operation shall apply when the CoC takes decisions on day-to-day management of the operation,- unanimity of the CoC members shall apply when the CoC makes recommendations on possible adjustments to operational planning, including possible adjustment to objectives.The abstention of a member shall not preclude unanimity.2. The Chair shall establish that the majority of the representatives of States entitled to take part in the deliberations is present.3. All procedural questions shall be settled by the simple majority of the members present at the meeting.4. Denmark shall not take part in any decision of the Committee.Article 7Confidentiality1. The Council Security Regulations shall apply to the meetings and proceedings of the CoC. In particular, representatives in the CoC shall possess adequate security clearances.2. The deliberations of the CoC shall be covered by the obligation of professional secrecy, except insofar the CoC unanimously decides otherwise.Article 8Entry into forceThis Decision shall enter into force on the day of its adoption.Done at Brussels, 11 July 2003.For the Political and Security CommitteeThe PresidentM. Melani(1) OJ L 143, 11.6.2003, p. 50.ANNEXLIST OF THIRD STATES REFERRED TO IN ARTICLE 3- Brazil- Canada- South Africa.


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32002D0668

2002/668/Euratom: Council Decision of 3 June 2002 concerning the sixth framework programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities, also contributing to the creation of the European Research Area (2002 to 2006)

Official Journal L 232 , 29/08/2002 P. 0034 - 0042

Council Decisionof 3 June 2002concerning the sixth framework programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities, also contributing to the creation of the European Research Area (2002 to 2006)(2002/668/Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 7 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Having regard to the opinion of the Economic and Social Committee(3),Whereas:(1) A framework programme covering all research activities, including demonstration and training activities in the field of nuclear energy, to be implemented by means of research and training programmes, may be adopted pursuant to Article 7 of the Treaty.(2) In 2000 the Commission submitted two communications, respectively on the prospects for and the objectives of creating a European Research Area, and on making a reality of the European Research Area and guidelines for European Union research activities in the period 2002 to 2006. In 2000 the Commission also submitted a communication on innovation in a knowledge-driven economy.(3) The European Councils in Lisbon in March 2000, Santa Maria de Feira in June 2000 and Stockholm in March 2001 adopted conclusions aimed at the rapid establishment of a European research and innovation area with a view to sustainable economic growth, more employment and social cohesion. The Göteborg European Council in June 2001 agreed a strategy for sustainable development and added a third, environmental dimension to the Lisbon strategy.(4) The European Parliament(4)(5), the Council(6)(7), the Economic and Social Committee(8) and the Committee of the Regions(9) have also supported the establishment of the European Research Area.(5) On 19 October 2000 the Commission submitted the conclusions of an external assessment of the implementation and results of the Community activities carried out in the five years preceding that assessment, accompanied by its observations.(6) It is therefore important to adopt a new framework programme for the period 2002 to 2006, also contributing to the establishment of the European Research Area and encouraging innovation.(7) The sixth framework programme sets out the scientific and technological objectives and priorities of the activities envisaged and indicates the broad lines of those activities which will be implemented in compliance with the objective of protecting the Community's financial interest. It is important to ensure sound financial management of the sixth framework programme.(8) A financial reference amount within the meaning of point 34 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(10) is included in this Decision for the entire duration of the framework programme, without thereby affecting the powers of the budgetary authority as they are defined in the Treaty.(9) The Joint Research Centre should contribute to the implementation of the framework programme where it can provide independent, customer-driven support for the formulation and implementation of Community policies, including the monitoring of the implementation of such policies, in the areas of its specific competence.(10) Research activities carried out within the sixth framework programme should respect fundamental ethical principles, including those reflected in Article 6 of the Treaty on European Union and in the Charter of Fundamental Rights of the European Union, as well as the need to take into account public acceptability of these activities.(11) Following the Commission communication "Women and science", and the Resolutions of the Council of 20 May 1999(11) and 26 June 2001(12) and the Resolution of the European Parliament of 3 February 2000(13) on this theme, an action plan is being implemented in order to boost and increase the place and role of women in science and research in Europe, which should ensure the respect of equality of opportunity, irrespective of gender.(12) The Commission Green Paper "Towards a European strategy for energy supply security" constitutes an element in the debate on the means of combating climate change and reducing Europe's dependence on imported energy.(13) It is appropriate that the Commission should submit regular progress reports to the European Parliament and the Council on the implementation of the sixth framework programme and that it should have an independent assessment carried out concerning the implementation of the activities in good time and before submitting its proposal for the next framework programme. Such assessment should be carried out in a spirit of openness with respect to all the relevant actors.(14) The international and global dimension in European research activities is important in the interest of obtaining mutual benefits. The sixth framework programme is open to the participation of countries having concluded the necessary agreements to this effect, and is also open on the project level and on the basis of mutual benefit, to the participation of entities from third countries and of international organisations for scientific cooperation.(15) The sixth framework programme should contribute to enlargement by bringing scientific and technological support to the candidate countries for the implementation of Community acquis and for their integration into te European Research Area. Information on the opportunities for participating in the programme should be provided to potential participants in a timely and thorough manner.(16) The Scientific and Technical Committee has been consulted by the Commission and has delivered its opinion,HAS DECIDED AS FOLLOWS:Article 11. A multi-annual framework programme for nuclear research and training activities, hereinafter referred to as the "sixth framework programme", is hereby adopted for the period 2002 to 2006.2. The sixth framework programme shall comprise Community research, technological development, international cooperation, dissemination and exploitation activities as well as training under the following headings:- controlled thermonuclear fusion,- management of radioactive waste,- radiation protection,- other activities in the field of nuclear technologies and safety,- nuclear activities of the Joint Research Centre.3. Annex I sets out the scientific and technological objectives and the related priorities and indicates the broad lines of the activities envisaged.Article 21. The financial reference amount for the implementation of the sixth framework programme for the period 2002 to 2006 shall be EUR 1230 million. The proportion assigned to each of the activities is fixed in Annex II.2. The detailed rules for financial participation by the Community shall be governed by the Financial Regulation applicable to the General Budget of the European Communities, supplemented by Annex III, and, where appropriate, by the research and training programme(s) which the Council will adopt in order to implement this Decision.Article 3All research activities carried out under the sixth framework programme shall be carried out in compliance with fundamental ethical principles.Article 4The sixth framework programme shall be implemented through research and training programmes. These programmes shall establish precise objectives and detailed rules for implementation.Article 51. The Commission shall continually and systematically monitor, with the help of independent qualified experts, the implementation of the sixth framework programme and its research and training programmes.2. Progress with implementing the sixth framework programme, and in particular progress towards achieving its objectives and meeting its priorities, including its financial aspects, shall be presented in detail in the report to be submitted by the Commission each year pursuant to Article 7 of the Treaty.Article 6Before submitting its proposal for the next framework programme, the Commission shall have an external assessment carried out by independent, highly qualified experts of the implementation and achievements of Community activities during the five years preceding that assessment.The Commission shall communicate the conclusions thereof, accompanied by its observations, to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions.Done at Luxembourg, 3 June 2002.For the CouncilJ. C. Aparicio PérezThe President(1) OJ C 180 E, 26.6.2001, p. 177.(2) OJ C 140 E, 13.6.2002, p. 371.(3) OJ C 260, 17.9.2001, p. 3.(4) Resolution of 18 May 2000 (OJ C 59, 23.2.2001, p. 250).(5) Resolution of 15 February 2001 (C 276, 1. 10. 2001, p. 271).(6) Resolution of 15 June 2000 (OJ C 205, 19.7.2000, p. 1).(7) Resolution of 16 November 2000 (OJ C 374, 28.12.2000, p. 1).(8) Opinion of 24 May 2000 (OJ C 204, 18.7.2000, p. 70).(9) Opinion of 12 April 2000 (OJ C 226, 8.8.2000, p. 18).(10) OJ C 172, 18.6.1999, p. 1.(11) OJ C 201, 16.7.1999, p. 1.(12) OJ C 199, 14.7.2001, p. 1.(13) OJ C 309, 27.10.2000, p. 57.ANNEX ISCIENTIFIC AND TECHNOLOGICAL OBJECTIVES, BROAD LINES OF ACTIVITIES AND PRIORITIESIn order to fulfil the objectives concerning nuclear research and training activities as set out in the Euratom Treaty, and in order to contribute to the establishment of the European Research Area, the sixth framework programme (Euratom), hereafter referred to as "this programme", will be structured as outlined below.Participation in this programme as a whole shall be open to all countries having concluded association agreements with the Community to this effect. Other third countries may participate in this programme via bilateral cooperation agreements. Researchers and organisations from third countries may also participate on a case by case basis in projects.1. PRIORITY THEMATIC AREAS OF RESEARCH1.1. Controlled thermonuclear fusionControlled thermonuclear fusion could contribute to long-term energy supply and, therefore, to the requirements of sustainable development for a reliable centralised supply of baseload electricity.For reasons bound up with the complexity of fundamental knowledge in physics and the technological problems to be resolved, the developments needed for the possible application of fusion for energy production will necessarily take the form of a process in several steps, each of which has an impact on the next one. However, in a more immediate time frame, research into fusion technologies could give rise to useful technological spin-offs.The efforts deployed in the context of the integrated European research programme on controlled thermonuclear fusion have enabled Europe to become a world leader in the field of research into fusion by magnetic confinement.The progress made on the research and the results obtained, in particular with the European JET Tokamak, now make it possible to consider moving on to the "Next Step", which would produce a machine capable of generating fusion reactions in conditions comparable to that of an energy production reactor.The completion of the preparatory work on the detailed design of the "Next Step" in the context of the ITER international cooperation project makes it possible to take a decision about the launching of this project and the construction of the machine.The objective of this will be to demonstrate the scientific and technological feasibility of fusion energy production, bearing in mind the socio-economic aspects. The precise arrangements for implementing the project will depend on the outcome of the negotiations at present under way in the framework of international cooperation and subsequent developments, more particularly the decisions taken concerning Europe's contribution to the ITER project and the site where the machine is to be installed. An appropriate legal framework will need to be established.Participation in the ITER initiative requires the implementation of an accompanying programme including the following elements:- operation of the JET machine in such a way as to derive benefit from the improvements currently being made. Possible participation in the research activities needed for the decommissioning of fusion facilities,- the continuation of research into fusion physics and technology, including: study and evaluation of magnetic confinement formulas, with, in particular, the continuation of the construction of the Wendelstein 7-X "stellarator" and operation of the existing installations in the Euratom associations; coordinated activities regarding technological research, in particular research into materials for fusion.1.2. Management of radioactive wasteNuclear fission energy today supplies 35 % of electricity in the Community. It constitutes an element in the debate on the means of combating climate change and reducing Europe's dependence on imported energy. Some of the power plants of the current generation will continue to be operated for at least 20 years.For these reasons, the exploitation of nuclear fission energy for energy production requires progress to be made in the problem of waste, and more particularly the industrial implementation of technical solutions for the management of long-lived waste.European public and private sector research efforts with regard to nuclear waste treatment and storage technologies are significant. Through its coordination effects, Community action in this area makes it possible to assemble them into a critical mass and ensure the coherence of the guidelines adopted by the waste management organisations and industries concerned.Actions will cover both the problem of waste management and the question of reducing its impact. In this connection, they will address the following aspects:- research into processes for long-term storage in deep geological strata, with the networking of the activities carried out on various sites in the three main types of geological formations envisaged,- research aimed at reducing the impact of waste, in particular through the development of new technologies to reduce the hazards associated with waste by means of partitioning and transmutation techniques, as well as exploring the potential of concepts to produce less waste in nuclear energy generation.1.3. Radiation protectionVigilance is still required to ensure a continuation of the Community's outstanding safety record. The enlargement of the Union also introduces new challenges. The improvement of radiation protection continues to be a priority area. In this programme these activities will be carried out mainly in the following areas:- the quantification of the risks associated with low levels of exposure,- medical exposure and exposure to natural sources,- radio-ecology,- risk and emergency management,- protection of the workplace and the environment.2. OTHER ACTIVITIES IN THE FIELD OF NUCLEAR TECHNOLOGIES AND SAFETYThe activities carried out under this heading are intended to:- respond to the scientific and technical needs of the policies of the Community in the fields of health, energy and the environment,- ensure that the European capability is maintained at a high level in relevant fields not covered by priority thematic areas,- contribute towards the creation of the European Research Area.These activities will be carried out mainly in the following areas:- innovative concepts: evaluation of the potential of innovative concepts that offer advantages in terms of safety, environmental impact, resource utilisation, proliferation resistance; development of improved and safer processes in the field of nuclear energy,- education and training concerning nuclear safety and radiation protection aimed at integration and consolidation of national efforts to achieve economy of scale, and covering in addition such areas as mobility and human resources, transnational access to infrastructure, and coordination activities,- measures for the safety of existing nuclear installations.3. NUCLEAR ACTIVITIES OF THE JOINT RESEARCH CENTRE (JRC)The JRC's activities will aim to support related Community policies and specific Treaty obligations. Focussing its activities in areas where Community involvement is appropriate, the JRC operates where its European identity provides added value and where its action is justified by the cross-border aspects of nuclear safety and security or by public concern. The principal objective will be to further develop collaboration through networking, leading to broad consensus on a range of these issues at a European and world level. Special attention will be given to cooperation with candidate countries. Training activities will be an important component for the JRC to help equip the Community with a future generation of scientists with the necessary competencies and expertise. The main areas of research activity will therefore be as follows(1):3.1. Nuclear safety and securityResearch into waste treatment and storage (in particular separation and transmutation techniques for long-lived actinides) and radiation protection; safety of different types of reactors with priority for reactors in the candidate countries, and the development of control methods with regard to fissile materials, as well as technical support for nuclear non-proliferation. Staff for monitoring the decommissioning of obsolete nuclear installations will be provided.3.2. Measurements and reference materialsRadionuclide metrology, in particular in the case of low activity and round robin tests in the framework of networks of laboratories of excellence; interaction between neutrons and matter for the generation of base data for studies concerning the transmutation of waste and the development of new systems. This activity will principally provide horizontal support for actions under title 3.1 above.(1) In addition, the JRC is entitled to participate in all research activities on the same basis as entities established in Member States.ANNEX IIMAXIMUM OVERALL AMOUNT, RESPECTIVE SHARES AND INDICATIVE BREAKDOWN>TABLE>ANNEX IIIINSTRUMENTSIntroductionThe Community's budgetary intervention in indirect actions (i.e. those not undertaken by the JRC) is aimed at research centres, universities, businesses and national or international bodies situated in the Member States and the European associated states which carry out research activities. The latter may also act as intermediaries for Community budgetary intervention. Where this proves necessary to achieve the objectives of the programme, bodies in the newly independent states (NIS) and international organisations may exceptionally receive Community funding.1. INSTRUMENTS IN FUSION ENERGYIn the field of fusion energy research under Heading 1.1 of Annex I, the particular nature of the activities in this area necessitates the implementation of specific arrangements. The projects undertaken will be carried out on the basis of procedures set out in:- contracts of association,- the European Fusion Development Agreement (EFDA),- any other multilateral agreement concluded between the Community and associated organisations and/or legal entities which may be set up, after the competent consultative committee has given its opinion,- other contracts of limited duration, in particular with bodies in the Member States or the States associated with the Euratom framework programme,- international agreements covering projects carried out in the framework of cooperation with third countries, such as the ITER.The activities to coordinate and support fusion energy research may concern studies in support of these activities, support for information exchange, recourse to external expertise capacities, including for the independent evaluation of activities, fellowships and training schemes, publications and other actions to promote technology transfer.2. INSTRUMENTS IN OTHER FIELDSIn the fields of management of radioactive waste and radiation protection of the priority thematic areas of research under Headings 1.2 and 1.3 of Annex I as well in other activities under Heading 2, the Community, subject to the specific programmes and rules for participation, will contribute:- to networks of excellence, aimed at strengthening and developing Community scientific and technological excellence by means of the integration, at European level, of research capacities currently existing or emerging at both national and regional level,- to integrated projects, designed to give increased impetus to the Community's competitiveness or to address major societal needs by mobilising a critical mass of research and technological development resources and competences,- specific targeted projects, designed to gain new knowledge either to improve considerably or to develop new products, processes or services or to meet other needs of society and Community policies or to demonstrate the viability of new technologies offering potential economic advantage but which cannot be commercialised directly,- actions to promote and develop human resources and mobility,- coordination actions, intended to promote and support coordinated initiatives of a range of research and innovation operators aiming at improved integration,- specific support actions, such as actions aimed at exploiting the results of research and transfer of knowledge and actions in support of research infrastructure relating to, for instance, transnational access or preparatory technical work (including feasibility studies),- integrated infrastructure initiatives, combining in a single action several activities essential to reinforce and develop research infrastructures in order to provide services at the European level.3. DIRECT ACTIONS - JOINT RESEARCH CENTREDirect actions will be implemented by the JRC.


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91/423/EEC: Decision No 145 of 27 June 1990 concerning the payment of arrears of family benefits due to self- employed persons pursuant to Articles 73 and 74 of Regulation (EEC) No 1408/71

Official Journal L 235 , 23/08/1991 P. 0001 - 0008 Finnish special edition: Chapter 5 Volume 5 P. 0074  Swedish special edition: Chapter 5 Volume 5 P. 0074

DECISION No 145 of 27 June 1990 concerning the payment of arrears of family benefits due to self-employed persons pursuant to Articles 73 and 74 of Regulation (EEC) No 1408/71 (91/423/EEC)THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN  COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,  Having regard to Article 81 (a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to the members of their families moving within the Community, under  which it is responsible for dealing with all administrative questions and questions of interpretation arising from the provisions of Regulation (EEC) No 1408/71 and subsequent Regulations,  Having regard to Article 2(1) of Council Regulation (EEC) No 574/72 of 21 March 1972 under which it shall draw up models of certificates, certified statements, declarations, applications and other documents necessary for the application of the  Regulations,  Having regard to Council Regulation (EEC) No 3427/89 of 30 October 1989 which introduces, in particular, a uniform solution for all the Member States to the problem of the payment of family benefits to members of the family not residing in the territory  of the competent States, and extends its provisions to self-employed persons,  Whereas Regulation (EEC) No 3427/89 is, under the terms of its Article 3, applicable from 15 January 1986, save for the part of its Article 1(1) relating to the amendment of Article 76;  Whereas it is necessary for the award and payment of arrears of family benefits due to self-employed persons pursuant to Articles 73 and 74 of Regulation (EEC) No 1408/71, as amended since the date of application of Regulation (EEC) No 3427/89, to  specify the conditions under which the amounts of family benefits already paid under the legislation of the State of residence of the members of the family by virtue of such residence or of the pursuit of an occupation by the spouse or by another member of the family are deducted from the amounts of such arrears;  Whereas, moreover, the rate for the conversion of currencies to be used for this deduction must be determined;  Whereas, moreover, a special model form should be drawn up for the payment of arrears;  Whereas Recommendation No 15 of the Administrative Commission makes provision for the language in which the forms should be issued;  Whereas the time limits applicable to claims for the payment of arrears of family benefits due under Articles 73 and 74 of Regulation (EEC) No 1408/71, as amended, must be determined, and also with regard to the payment of these arrears,  HAS DECIDED AS FOLLOWS:  1.a)At the request of the person concerned the competent institution shall award and pay arrears of family benefits due to self-employed persons for the period between the date of application of Regulation (EEC) No 3427/89 and the date on which the said  institution effectively implements that Regulation.  b)The payment of arrears is effected after deduction of the amount of family benefits received for the same periods either under the legislation of the State of residence of the members of the family, by virtue of residence or of the pursuit of an  occupation by the spouse or the person within whose household the members of the worker's family live, or of the activity of the spouse in another Member State or under a bilateral convention.  c)In order to obtain the payment of arrears of family benefits, the person concerned shall enclose with his request a solemn statement specifying the total amount of family benefits received, year by year, for the members of his family under the  legislation of the State of residence of these members or by virtue of another entitlement.  Notwithstanding this statement, the competent institution may ask the institutions concerned for a statement certifying the receipt or non-receipt of family benefits in accordance with the model below.  The competent authorities of the Member States shall make this form available to the competent institutions concerned. This form shall be available in the official languages of the Community and shall be laid out in such a manner that the different  language versions are perfectly superposable so as to enable the person concerned to receive the form printed in his own language.  d)The amounts of family benefits granted under the legislation of the competent State, on the one hand, and under the legislation of the State of residence of the members of the family or by virtue of another entitlement, on the other hand, to be taken  into account for the application of subparagraph (b), shall be the amounts granted for all the members of the worker's family qualifying for either of these benefits.  e)The deduction referred to in subparagraph (b) shall be effected for a worker's family as a whole, whereby the total amount of family benefits received under the legislation of the State of residence of the members of the family or by virtue of another  entitlement for a particular year shall be deducted from the total amount of family benefits due for the same year under the legislation of the competent State.  Where the former benefits are higher than or equal to the latter, no arrears of benefits shall be due by the competent institution. Where the former benefits are lower than the latter, the arrears of benefits shall be paid to the worker, after deduction  of the amount already received as indicated in subparagraph (b).  In all cases the total sum of benefits already paid under the legislation of the State of residence of the members of the family or by virtue of another entitlement shall remain acquired by the worker, and the institution that paid these benefits shall  be regarded as having waived their refund by the competent institution.  f)In order to effect the deduction referred to in subparagraph (b), the competent institution shall convert into its currency the amount of family benefits received by the person concerned for the members of his family under the legislation of the State  of residence of the said members of the family or by virtue of another entitlement, using the rate of conversion provided for in Article 107 (1) of Regulation (EEC) No 574/72. The rate of conversion to be taken into account shall be that applicable on  16 November 1989.  2.With regard to the requests for the payment of arrears of family benefits referred to in paragraph 1, the time limits provided for by the national legislations shall apply; however, such requests may be validly lodged within the two years following 16  November 1989, even if the aforementioned time limits are shorter.  3.With regard to the payment of arrears of family benefits, if the application referred to in paragraph 1 is submitted within two years of 16 November 1989, the rights provided under Regulation (EEC) No 3427/89 shall be acquired, and the provisions of  the legislation of any Member State relating to the lapse or barring of the rights may not be applied to the persons concerned.  4.This Decision shall be applicable from the first day of the month following its publication in the Official Journal of the European Communities.  The Chairman of the Administrative Commission E. Mc CUMISKEY