Council Decision (EU) 2020/2232 of 22 December 2020 on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community as regards the adoption of a decision establishing a list of 25 persons who are willing and able to serve as members of an arbitration panel under the Agreement and on a reserve list of persons who are willing and able to serve as Union members of an arbitration panel under the Agreement

Article 1

The position to be taken on the Union’s behalf within the Joint Committee established by Article 164(1) of the Withdrawal Agreement as regards the establishment of a list of 25 persons who are willing and able to serve as members of an arbitration panel under the Withdrawal Agreement shall be: (a) based on the draft Decision of the Joint Committee attached to this Decision; and (b) to support the attachment to the minutes of the meeting of the Joint Committee of a note setting out procedures to nominate in the future chairpersons in the list of chairpersons for the Withdrawal Agreement arbitration panel, as attached to this Decision.

Article 1

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

Article 2

A reserve list of persons who may be proposed by the Union in the future to fill vacancies in the list of 25 persons referred to in Article 1 is established as set out in the Annex.

Article 2

This Decision shall enter into force on 1 January 2021.

Article 3

The Decision of the Joint Committee shall be published in the Official Journal of the European Union .

Article 4

This Decision shall enter into force on the date of its adoption.

to Decision No …/2020 of the Joint Committee

ANNEX ISupplementary provisions

ANNEX I to Decision No …/2020 of the Joint Committee Chairpersons for the Withdrawal Agreement Arbitration Panel   Ms Corinna WISSELS   Ms Angelika Helene Anna NUSSBERGER   Mr Jan KLUCKA   Sir Daniel BETHLEHEM   Ms Gabrielle KAUFMANN-KOHLER Ordinary members for the Withdrawal Agreement Arbitration Panel   EU:   Mr Hubert LEGAL   Ms Helena JÄDERBLOM   Ms Ursula KRIEBAUM   Mr Jan WOUTERS   Mr Christoph Walter HERRMANN   Mr Javier DIEZ-HOCHLEITNER   Ms Alice GUIMARAES-PUROKOSKI   Mr Barry DOHERTY   Ms Tamara Ćapeta   Mr Nico SCHRIJVER   UK:   Sir Gerald BARLING   Sir Christopher BELLAMY   Mr Zachary DOUGLAS   Sir Patrick ELIAS   Dame Elizabeth GLOSTER   Sir Peter GROSS   Mr Toby LANDAU QC   Mr Dan SAROOSHI QC   Ms Jemima STRATFORD QC   Sir Michael WOOD DRAFT NOTE TO ATTACH TO WAJC MEETING MINUTES, XX DECEMBER 2020, SETTING OUT PROCEDURES TO NOMINATE IN THE FUTURE CHAIRPERSONS IN THE LIST OF CHAIRPERSONS FOR THE WITHDRAWAL AGREEMENT ARBITRATION PANEL The Joint Committee has today adopted the list of 25 persons who are willing and able to serve as members of an arbitration panel in accordance with Article 171 of the Withdrawal Agreement. The Parties recall that the fifth person on the list of chairpersons was selected after a lot drawing that took place on 9 December 2020 in the presence of representatives of both Parties. In order to ensure balance over time, a rotation should apply whereby when a position held by a chairperson presented by the Party whose candidates occupy three places on the list of five becomes vacant, the other Party will present three candidates from among whom the first Party will select within three working days a chairperson to fill that vacancy. If a position held by a chairperson presented by the Party whose candidates occupy two places on the list of five becomes vacant, there will be no rotation and that Party will present three candidates from among whom the other Party will select within three working days a chairperson to fill that vacancy. Accordingly, the list of chairpersons will at no time have fewer than two chairpersons on it that were presented by each Party. After each replacement as set out above, the Joint Committee should amend the list of 25 persons by decision adopted in accordance with Article 171 of the Withdrawal Agreement. In any event, the Joint Committee will review the list of 25 persons two years from the entry into force of the Joint Committee Decision adopted today. The Parties will do their utmost to propose jointly a list of five chairpersons during this review, as set out in the Withdrawal Agreement. This list should replace the previous list no later than six months from the start of the review. If agreement cannot be reached on the fifth chairperson during the review process, the Party whose candidates occupy two places on the list of five at that point in time will present three candidates from among whom the other Party will select within three days a chairperson to fill that place on the list. Following the review process, the Joint Committee should amend the list of 25 persons by Decision adopted in accordance with Article 171 of the Withdrawal Agreement. All candidates proposed by a Party for selection by the other Party according to the procedure set out in this Note must satisfy the criteria set out in Article 171 of the Withdrawal Agreement, and, where a Party reasonably considers that this is not the case, it reserves the right to object to the inclusion or appointment of such candidate.

Reserve list of candidates who are willing and able to serve as Union members of an arbitration panel under the Withdrawal Agreement

ANNEXSupplementary provisions

ANNEX Reserve list of candidates who are willing and able to serve as Union members of an arbitration panel under the Withdrawal Agreement Mr Myron NICOLATOS Mr Ezio PERILLO Mr Vilenas VADAPALAS Mr Andreas MÜLLER Mr Pierre d’ARGENT Mr Radostin Georgiev PETROV Mr Costas CLERIDES Mr Antonin MOKRY Mr Carri GINTER Mr Nikolaos MARKOPOULOS Mr Jukka SNELL Mr János MARTONYI Ms Alessandra PIETROBON Mr Ignas VEGELE Ms Anita KOVALEVSKA Mr Kaj I. HOBER Mr Matej AVBELJ