Considerations on COM(2019)459 - EU position in the CETA Committee on Services and Investment as regards the adoption of a code of conduct for Members of the Tribunal, the Appellate Tribunal and mediators

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table>(1)Council Decision (EU) 2017/37 (1) provides for the signing on behalf of the European Union of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part (2) (‘the Agreement’). The Agreement was signed on 30 October 2016.
(2)Council Decision (EU) 2017/38 (3) provides for the provisional application of parts of the Agreement, including the establishment of the Committee on Services and Investment. The Agreement has been provisionally applied since 21 September 2017.

(3)Pursuant to Article 26.2.4 of the Agreement, the Committee on Services and Investment may take decisions when the Agreement so provides.

(4)In accordance with Article 8.44.2 of the Agreement, the Committee on Services and Investment is to adopt a decision on a code of conduct for Members of the Tribunal, Members of the Appellate Tribunal and mediators to be applied in disputes arising out of Chapter Eight (Investment) of the Agreement.

(5)It is therefore appropriate to establish the position to be taken on the Union’s behalf in the Committee on Services and Investment on the basis of the draft decision of the Committee on Services and Investment on a code of conduct in order to ensure the effective implementation of the Agreement,