Proposal for a COUNCIL DECISION 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 amendment of the decision establishing a list of 25 persons who are willing and able to serve as members of an arbitration panel under the Agreement
1. The European Commission’s proposal seeks a Decision from the Council of the EU (‘Council’) on the position to be adopted on behalf of the EU in the Withdrawal Agreement Joint Committee with regard to amending a Joint Committee Decision establishing a 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.
2. In accordance with Article 171(1) of the Withdrawal Agreement, the Joint Committee established a list of 25 persons to serve as members of an arbitration panel which took effect on 1 January 2021. The EU and the UK each proposed ten persons and jointly agreed five persons to act as chairperson of the arbitration panel (see scrutiny history below). The Joint Committee is required to ensure that the list complies with the relevant requirements at all times.
3. Pursuant to Article 171(2) of the Withdrawal Agreement, the list must not comprise persons who are members, officials or other servants of the Union institutions, of the government of a Member State, or of the government of the United Kingdom.
4. One of the persons on the list proposed by the EU, Ms. Tamara Ćapeta, has been appointed as a member of a Union institution, namely as Advocate General to the Court of Justice of the EU, and therefore no longer fulfils the requirements of Article 171 of the Withdrawal Agreement.