BETA


2010/0173(NLE) EU/Jordan Agreement: dispute settlement mechanism

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead INTA MENÉNDEZ DEL VALLE Emilio (icon: S&D S&D) FJELLNER Christofer (icon: PPE PPE), DE SARNEZ Marielle (icon: ALDE ALDE)
Committee Opinion AFET
Lead committee dossier:
Legal Basis:
TFEU 207-p4, TFEU 218-p6a

Events

2011/07/06
   Final act published in Official Journal
Details

PURPOSE: to conclude an Agreement under the form of a Protocol between the EU and Jordan establishing a Dispute Settlement Mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean-Jordan Agreement .

NON-LEGISLATIVE ACT: Council Decision 2011/398/EU Council Decision on the conclusion of an Agreement in the form of a Protocol between the European Union and the Hashemite Kingdom of Jordan establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part.

BACKGROUND: 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.

These negotiations have been concluded and an Agreement in the form of a Protocol between the European Union and the Jordan establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States and Jordan was initialled on 9 December 2009 and signed on 11 February 2011.

It is now necessary to conclude the Protocol on behalf of the European Union.

CONTENT: with this Decision, the Agreement between the European Union and the Kingdom of Jordan establishing a Dispute Settlement Mechanism is hereby approved on behalf of the Union.

The Agreement follows the model of the chapter on dispute settlement, which is included in the current negotiations of free trade agreements, and is based on the Memorandum of Understanding of the WTO, adapted to a bilateral context.

The scope of the dispute settlement mechanism includes Title II of the Association Agreement between the EU and Jordan, with the usual exception of the article on anti-dumping measures. After the entry into force of the Agreement on the liberalisation measures on agricultural products, signed on 14 December 2009, disputes will be governed by this Agreement.

The Agreement provides for the following:

opportunities to settle disputes before establishing an arbitration panel, through consultations and mediation; streamlined and effective procedures on the composition of the arbitration panel and compliance proceedings with clear time-limits; rules on openness and transparency, with provisions on open hearings, amicus curiae briefs, and the publication of the panel report; provisions on relations with the WTO Dispute Settlement Understanding.

ENTRY INTO FORCE: 13 May 2011. 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.

2011/05/13
   EP/CSL - Act adopted by Council after consultation of Parliament
2011/05/13
   EP - End of procedure in Parliament
2011/05/13
   CSL - Council Meeting
2011/04/06
   EP - Results of vote in Parliament
2011/04/06
   EP - Decision by Parliament
Details

The European Parliament adopted a legislative resolution on the draft Council decision on the conclusion of an Agreement in the form of a Protocol between the European Union and the Hashemite Kingdom of Jordan establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part.

Parliament gives its consent to the conclusion of the Agreement.

Documents
2011/03/18
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2011/03/18
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2011/03/16
   EP - Vote in committee
Details

The Committee on International Trade adopted the report drafted by Emilio MENÉNDEZ DEL VALLE (S&D, ES) in which it recommends the European Parliament to give its consent to the conclusion of an Agreement in the form of a Protocol between the European Union and Jordan establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and Jordan, of the other part.

2011/02/17
   EP - Committee referral announced in Parliament
2010/12/13
   EP - Committee draft report
Documents
2010/10/12
   CSL - Document attached to the procedure
Documents
2010/10/12
   EC - Legislative proposal published
Details

PURPOSE: to conclude an Agreement in the form of a Protocol between the EU and Jordan establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the EU-Jordan Euro-Mediterranean Agreement .

PROPOSED ACT: Council Decision.

BACKGROUND: 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. These negotiations have been concluded and an Agreement in the form of a Protocol between the EU and Jordan establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing and Association between the European Communities and their Member States, of the one part, and Jordan, of the other part was initialled on 9 December 2009.

It is now necessary to conclude the Protocol on behalf of the European Union.

IMPACT ASSESSMENT: no impact assessment was carried out.

LEGAL BASIS: the first sub-paragraph of Article 207(4), in conjunction with point (a)(v) of Article 218(6) of the Treaty on the Functioning of the European Union (TFEU).

COTNENT: under this Decision, the Agreement in the form of a Protocol between the EU and Jordan establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing and Association between the European Communities and their Member States, of the one part, and Jordan, of the other part is hereby approved on behalf of the Union, having regard to the consent of the European Parliament

The main elements of this Protocol are detailed in the summary of the previous initial legislative document dated 22/06/2010.

Documents
2010/09/15
   EP - MENÉNDEZ DEL VALLE Emilio (S&D) appointed as rapporteur in INTA
2010/06/22
   EP - Preparatory document
Details

PURPOSE: to conclude an Agreement in the form of a Protocol between the EU and Jordan establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing an Association between the EC and their Member States and Jordan.

PROPOSED ACT: Council Decision.

BACKGROUND: the Euro-Mediterranean Agreements contain provisions liberalising trade in goods, but the dispute settlement rules applicable to disputes concerning these provisions rely mainly on a diplomatic approach and can be easily blocked by the party complained against. In the context of an upgrading of Euro-Mediterranean trade relations, it was opportune to create a dispute settlement mechanism applicable to trade disputes based on streamlined and effective procedures within firm time limits, and modelled on the dispute settlement mechanisms of the most recent agreements concluded by the EU and on the WTO Dispute Settlement Understanding. Such a mechanism will increase the security and predictability of bilateral trade relations. To this end in the framework of the European Neighbourhood Policy EU-Morocco Action Plan the parties agreed to elaborate rules of procedure for dispute settlement.

The Commission has negotiated in regional and bilateral mode with several Mediterranean partners. Negotiations with Jordan resulted in a draft Agreement that was initialled at the Euro-Mediterranean Trade Ministerial Conference in Brussels on 9 December 2009.

LEGAL BASE: Article 207(4), first sub-paragraph, in conjunction with Article 218(6)(a)(v) of the Treaty on the Functioning of the European Union.

IMPACT ASSESSMENT: no impact assessment was carried out.

CONTENT: this Agreement follows the model of the dispute settlement chapter of current Free Trade Agreement negotiations, and is based on the WTO Dispute Settlement Understanding, adapted to a bilateral context. The scope of the dispute settlement mechanism includes Title II of the EU-Jordan Association Agreement, with the usual exception of the article on anti-dumping. After the entry into force of the Agreement on the liberalisation of agricultural products, initialled on 14 December 2009, disputes arising from that agreement would also be subject to this Agreement.

The text provides for the following:

opportunities to settle disputes before establishing an arbitration panel, through consultations and mediation; streamlined and effective procedures on the composition of the arbitration panel and compliance proceedings with clear time-limits; provisions on temporary remedies in case of non-compliance; rules on openness and transparency, with provisions on open hearings, amicus curiae briefs, and the publication of the panel report; provisions on relations with the WTO Dispute Settlement Understanding.

BUDGETARY IMPLICATION: this proposal has no implication for the EU budget.

Documents

History

(these mark the time of scraping, not the official date of the change)

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  • date: 2011-04-06T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=19824&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2011-131 type: Decision by Parliament, 1st reading/single reading title: T7-0131/2011 body: EP type: Results of vote in Parliament
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  • date: 2010-12-13T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE452.790 title: PE452.790 type: Committee draft report body: EP
  • date: 2011-03-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-67&language=EN title: A7-0067/2011 type: Committee report tabled for plenary, 1st reading/single reading body: EP
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  • date: 2010-06-22T00:00:00 type: Initial legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2010/0322/COM_COM(2010)0322_EN.pdf title: COM(2010)0322 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2010&nu_doc=322 title: EUR-Lex summary: PURPOSE: to conclude an Agreement in the form of a Protocol between the EU and Jordan establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing an Association between the EC and their Member States and Jordan. PROPOSED ACT: Council Decision. BACKGROUND: the Euro-Mediterranean Agreements contain provisions liberalising trade in goods, but the dispute settlement rules applicable to disputes concerning these provisions rely mainly on a diplomatic approach and can be easily blocked by the party complained against. In the context of an upgrading of Euro-Mediterranean trade relations, it was opportune to create a dispute settlement mechanism applicable to trade disputes based on streamlined and effective procedures within firm time limits, and modelled on the dispute settlement mechanisms of the most recent agreements concluded by the EU and on the WTO Dispute Settlement Understanding. Such a mechanism will increase the security and predictability of bilateral trade relations. To this end in the framework of the European Neighbourhood Policy EU-Morocco Action Plan the parties agreed to elaborate rules of procedure for dispute settlement. The Commission has negotiated in regional and bilateral mode with several Mediterranean partners. Negotiations with Jordan resulted in a draft Agreement that was initialled at the Euro-Mediterranean Trade Ministerial Conference in Brussels on 9 December 2009. LEGAL BASE: Article 207(4), first sub-paragraph, in conjunction with Article 218(6)(a)(v) of the Treaty on the Functioning of the European Union. IMPACT ASSESSMENT: no impact assessment was carried out. CONTENT: this Agreement follows the model of the dispute settlement chapter of current Free Trade Agreement negotiations, and is based on the WTO Dispute Settlement Understanding, adapted to a bilateral context. The scope of the dispute settlement mechanism includes Title II of the EU-Jordan Association Agreement, with the usual exception of the article on anti-dumping. After the entry into force of the Agreement on the liberalisation of agricultural products, initialled on 14 December 2009, disputes arising from that agreement would also be subject to this Agreement. The text provides for the following: opportunities to settle disputes before establishing an arbitration panel, through consultations and mediation; streamlined and effective procedures on the composition of the arbitration panel and compliance proceedings with clear time-limits; provisions on temporary remedies in case of non-compliance; rules on openness and transparency, with provisions on open hearings, amicus curiae briefs, and the publication of the panel report; provisions on relations with the WTO Dispute Settlement Understanding. BUDGETARY IMPLICATION: this proposal has no implication for the EU budget.
  • date: 2010-10-12T00:00:00 type: Legislative proposal published body: EC docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=13758%2F10&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 13758/2010 summary: PURPOSE: to conclude an Agreement in the form of a Protocol between the EU and Jordan establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the EU-Jordan Euro-Mediterranean Agreement . PROPOSED ACT: Council Decision. BACKGROUND: 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. These negotiations have been concluded and an Agreement in the form of a Protocol between the EU and Jordan establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing and Association between the European Communities and their Member States, of the one part, and Jordan, of the other part was initialled on 9 December 2009. It is now necessary to conclude the Protocol on behalf of the European Union. IMPACT ASSESSMENT: no impact assessment was carried out. LEGAL BASIS: the first sub-paragraph of Article 207(4), in conjunction with point (a)(v) of Article 218(6) of the Treaty on the Functioning of the European Union (TFEU). COTNENT: under this Decision, the Agreement in the form of a Protocol between the EU and Jordan establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing and Association between the European Communities and their Member States, of the one part, and Jordan, of the other part is hereby approved on behalf of the Union, having regard to the consent of the European Parliament The main elements of this Protocol are detailed in the summary of the previous initial legislative document dated 22/06/2010.
  • date: 2011-02-17T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2011-03-16T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The Committee on International Trade adopted the report drafted by Emilio MENÉNDEZ DEL VALLE (S&D, ES) in which it recommends the European Parliament to give its consent to the conclusion of an Agreement in the form of a Protocol between the European Union and Jordan establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and Jordan, of the other part.
  • date: 2011-03-18T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-67&language=EN title: A7-0067/2011
  • date: 2011-04-06T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=19824&l=en title: Results of vote in Parliament
  • date: 2011-04-06T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2011-131 title: T7-0131/2011 summary: The European Parliament adopted a legislative resolution on the draft Council decision on the conclusion of an Agreement in the form of a Protocol between the European Union and the Hashemite Kingdom of Jordan establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part. Parliament gives its consent to the conclusion of the Agreement.
  • date: 2011-05-13T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2011-05-13T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2011-07-06T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to conclude an Agreement under the form of a Protocol between the EU and Jordan establishing a Dispute Settlement Mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean-Jordan Agreement . NON-LEGISLATIVE ACT: Council Decision 2011/398/EU Council Decision on the conclusion of an Agreement in the form of a Protocol between the European Union and the Hashemite Kingdom of Jordan establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part. BACKGROUND: 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. These negotiations have been concluded and an Agreement in the form of a Protocol between the European Union and the Jordan establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States and Jordan was initialled on 9 December 2009 and signed on 11 February 2011. It is now necessary to conclude the Protocol on behalf of the European Union. CONTENT: with this Decision, the Agreement between the European Union and the Kingdom of Jordan establishing a Dispute Settlement Mechanism is hereby approved on behalf of the Union. The Agreement follows the model of the chapter on dispute settlement, which is included in the current negotiations of free trade agreements, and is based on the Memorandum of Understanding of the WTO, adapted to a bilateral context. The scope of the dispute settlement mechanism includes Title II of the Association Agreement between the EU and Jordan, with the usual exception of the article on anti-dumping measures. After the entry into force of the Agreement on the liberalisation measures on agricultural products, signed on 14 December 2009, disputes will be governed by this Agreement. The Agreement provides for the following: opportunities to settle disputes before establishing an arbitration panel, through consultations and mediation; streamlined and effective procedures on the composition of the arbitration panel and compliance proceedings with clear time-limits; rules on openness and transparency, with provisions on open hearings, amicus curiae briefs, and the publication of the panel report; provisions on relations with the WTO Dispute Settlement Understanding. ENTRY INTO FORCE: 13 May 2011. 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. docs: title: Decision 2011/398 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32011D0398 title: OJ L 177 06.07.2011, p. 0001 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2011:177:TOC
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  • 6.20.03 Bilateral economic and trade agreements and relations
  • 6.40.05.04 Relations with the countries of the Mashreq
New
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activities
  • date: 2010-06-22T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2010/0322/COM_COM(2010)0322_EN.pdf celexid: CELEX:52010PC0322:EN type: Initial legislative proposal published title: COM(2010)0322 type: Initial legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/trade/ title: Trade Commissioner: DE GUCHT Karel
  • date: 2010-10-12T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=13758%2F10&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Legislative proposal published title: 13758/2010 type: Legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/trade/ title: Trade Commissioner: DE GUCHT Karel
  • date: 2011-02-17T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Foreign Affairs committee: AFET body: EP shadows: group: PPE name: FJELLNER Christofer group: ALDE name: DE SARNEZ Marielle responsible: True committee: INTA date: 2010-09-15T00:00:00 committee_full: International Trade rapporteur: group: S&D name: MENÉNDEZ DEL VALLE Emilio
  • date: 2011-03-16T00:00:00 body: EP committees: body: EP responsible: False committee_full: Foreign Affairs committee: AFET body: EP shadows: group: PPE name: FJELLNER Christofer group: ALDE name: DE SARNEZ Marielle responsible: True committee: INTA date: 2010-09-15T00:00:00 committee_full: International Trade rapporteur: group: S&D name: MENÉNDEZ DEL VALLE Emilio type: Vote in committee, 1st reading/single reading
  • date: 2011-03-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-67&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0067/2011 body: EP committees: body: EP responsible: False committee_full: Foreign Affairs committee: AFET body: EP shadows: group: PPE name: FJELLNER Christofer group: ALDE name: DE SARNEZ Marielle responsible: True committee: INTA date: 2010-09-15T00:00:00 committee_full: International Trade rapporteur: group: S&D name: MENÉNDEZ DEL VALLE Emilio type: Committee report tabled for plenary, 1st reading/single reading
  • date: 2011-04-06T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=19824&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2011-131 type: Decision by Parliament, 1st reading/single reading title: T7-0131/2011 body: EP type: Results of vote in Parliament
  • date: 2011-05-13T00:00:00 body: CSL type: Council Meeting council: Foreign Affairs meeting_id: 3086
  • date: 2011-05-13T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2011-05-13T00:00:00 body: EP/CSL type: Act adopted by Council after consultation of Parliament
  • date: 2011-07-06T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32011D0398 title: Decision 2011/398 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2011:177:TOC title: OJ L 177 06.07.2011, p. 0001
committees
  • body: EP responsible: False committee_full: Foreign Affairs committee: AFET
  • body: EP shadows: group: PPE name: FJELLNER Christofer group: ALDE name: DE SARNEZ Marielle responsible: True committee: INTA date: 2010-09-15T00:00:00 committee_full: International Trade rapporteur: group: S&D name: MENÉNDEZ DEL VALLE Emilio
links
National parliaments
European Commission
other
  • body: EC dg: url: http://ec.europa.eu/trade/ title: Trade commissioner: DE GUCHT Karel
procedure
dossier_of_the_committee
INTA/7/03250
geographical_area
Jordan
reference
2010/0173(NLE)
instrument
Decision
legal_basis
stage_reached
Procedure completed
subtype
Consent by Parliament
Modified legal basis
Rules of Procedure of the European Parliament EP 150
title
EU/Jordan Agreement: dispute settlement mechanism
type
NLE - Non-legislative enactments
final
subject