HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
6.7.2011 Official
Journal
of
the
European
Union L
177/3
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
THE EUROPEAN UNION, hereinafter referred to as ‘the Union’,
of the one part,
and
THE HASHEMITE KINGDOM OF JORDAN, hereinafter referred to as ‘Jordan’,
of the other part,
HAVE AGREED AS FOLLOWS:
CHAPTER I
CHAPTER II
OBJECTIVE AND SCOPE
CONSULTATIONS AND MEDIATION
Article 1
Article 3
Objective
Consultations
The objective of this Protocol is to avoid and settle any trade
1. The
Parties
shall
endeavour
to
resolve
any
difference
dispute between the Parties with a view to arrive at, where
regarding the interpretation and application of the provisions
possible, a mutually agreed solution.
referred to in Article 2 by entering into consultations in good
faith with the aim of reaching a prompt, equitable and mutually
agreed solution.
Article 2
2. A
Party
shall
seek
consultations
by
means
of
a
written
Application of the Protocol
request to the other Party, copied to the subcommittee ‘industry,
trade, services and investment promotion’, identifying any
1. The
provisions
of
this
Protocol
apply
with
respect
to
any measure at issue and the provisions of the Association
difference concerning the interpretation and application of the
Agreement that it considers applicable.
provisions of Title II (with the exception of Article 23) of the
Euro-Mediterranean Agreement establishing an Association
between the European Communities and their Member States,
3. Consultations shall be held within 40 days of the date of
of the one part, and the Hashemite Kingdom of Jordan, of the
receipt of the request and take place, unless the Parties agree
other part (hereafter ‘the Association Agreement’), except as
otherwise, on the territory of the Party complained against. The
otherwise expressly provided ( 1 ). Article 97 of the Association
consultations shall be deemed concluded within 60 days of the
Agreement applies to disputes relating to the application and
date of receipt of the request, unless both Parties agree to
interpretation of other provisions of the Association Agreement.
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.
2. The procedures of this Protocol shall apply if, 60 days
after a dispute has been referred to the Association Council
pursuant to Article 97 of the Association Agreement, the
4. Consultations
on
matters
of
urgency,
including
those
Association Council has failed to settle the dispute.
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.
3. For
the
purposes
of
paragraph
2,
a
dispute
shall
be
deemed to be resolved when the Association Council has
5. If
the
Party
to
which
the
request
is
made
does
not
respond
taken a decision as provided for in Article 97(2) of the
to the request for consultations within 10 working days of the
Association Agreement, or when it has declared that there is
date of its receipt, or if consultations are not held within the
no longer a dispute.
time-frames 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,
( 1 ) The provisions of this Protocol are without prejudice to Article 34
of the Protocol concerning the definition of the concept of ‘orig
the complaining Party may request the establishment of an
inating products’ and methods of administrative cooperation.
arbitration panel in accordance with Article 5.

---

L 177/4
EN
Official Journal of the European Union
6.7.2011
Article 4
CHAPTER III
Mediation
DISPUTE SETTLEMENT PROCEDURES
1. If
consultations
fail
to
produce
a
mutually
agreed
solution,
SECTION I
the Parties may, by mutual agreement, seek recourse to a
mediator. Any request for mediation must be made in writing
Arbitration procedure
to the subcommittee ‘industry, trade, services and investment
Article 5
promotion’ and state any measure which has been the subject of
consultations as well as the mutually agreed terms of reference
Initiation of the arbitration procedure
for the mediation. Each Party undertakes to accord sympathetic
1. Where the Parties have failed to resolve the dispute by
consideration to requests for mediation.
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 arbi
tration panel.
2. Unless
the
Parties
agree
on
a
mediator
within
five
working
days of the date of receipt of the request for mediation, the
chairpersons of the subcommittee ‘industry, trade, services and
investment promotion’, or the chairpersons’ delegate, shall select
2. The
request
for
the
establishment
of
an
arbitration
panel
by lot a mediator from the pool of individuals who are on the
shall be made in writing to the Party complained against and
list referred to in Article 19 and are not nationals of either
the subcommittee ‘industry, trade, services and investment
Party. The selection shall be made within 10 working days of
promotion’. The complaining Party shall identify in its request
the date of receipt of the request for mediation. The mediator
the specific measure at issue, and it shall explain how such
will convene a meeting with the Parties no later than 30 days
measure constitutes a breach of the provisions referred to in
after being selected. The mediator shall receive the submissions
Article 2. The establishment of an arbitration panel shall be
of each Party no later than 15 days before the meeting and may
requested no later than 18 months from the date of receipt
request additional information from the Parties or from experts
of the request for consultations, without prejudice to the
or technical advisors as she or he deems necessary. Any
rights of the complaining Party to request new consultations
information obtained in this manner must be disclosed to
on the same matter in the future.
each of the Parties and submitted for their comments. The
mediator shall notify an opinion no later than 45 days after
having been selected.
Article 6
Establishment of the arbitration panel
3. The
mediator’s
opinion
may
include
a
recommendation 1. An
arbitration
panel
shall
be
composed
of
three
arbi
on how to resolve the dispute consistent with the provisions
trators.
referred to in Article 2. The mediator’s opinion is non-binding.
2. Within
10
working
days
of
the
date
of
receipt
by
the
4. The
Parties
may
agree
to
amend
the
time
limits
referred
to Party complained against of the request for the establishment
in paragraph 2. The mediator may also decide to amend these
of an arbitration panel, the Parties shall consult in order to
time limits upon request of any of the Parties, given the
reach an agreement on the composition of the arbitration panel.
particular difficulties experienced by the Party concerned or
the complexities of the case.
3. In the event that the Parties are unable to agree on its
composition within the time-frame laid down in paragraph 2,
5. The
proceedings
involving
mediation,
in
particular
the either Party may request the chairpersons of the subcommittee
mediator’s opinion and all information disclosed and positions
‘industry, trade, services and investment promotion’, or the
taken by the Parties during these proceedings, shall be confi
chairpersons’ delegate, to select all three members by lot from
dential, and without prejudice to the rights of either Party in
the list established under Article 19, one among the individuals
any further proceedings.
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 arbi
tration panel, any remaining members shall be selected by the
6. If
the
Parties
agree,
procedures
for
mediation
may same procedure.
continue while the arbitration procedure proceeds.
4. The
chairpersons
of
the
subcommittee
‘industry,
trade,
7. Replacement
of
a
mediator
shall
take
place
only
for
the services and investment promotion’, or the chairpersons’
reasons and according to the procedures detailed in rules 18 to
delegate, shall select the arbitrators within five working days
21 of the Rules of Procedure.
of the request referred to in paragraph 3 by either Party.

---

EN
6.7.2011 Official
Journal
of
the
European
Union L
177/5
5. The date of establishment of the arbitration panel shall be
SECTION II
the date on which the three arbitrators are selected.
Compliance
Article 9
Compliance with the arbitration panel ruling
6. Replacement
of
arbitrators
shall
take
place
only
for
the
reasons and according to the procedures detailed in rules 18 to
Each Party shall take any measure necessary to comply with the
21 of the Rules of Procedure.
arbitration panel ruling, and the Parties will endeavour to agree
on the period of time to comply with the ruling.
Article 7
Article 10
Interim panel report
The reasonable period of time for compliance
The arbitration panel shall issue an interim report to the Parties
1. No later than 30 days after the receipt of the notification
setting out the findings of fact, the applicability of relevant
of the arbitration panel ruling to the Parties, the Party
provisions and the basic rationale behind any findings and
complained against shall notify the complaining Party and the
recommendations that it makes, not later than 120 days from
subcommittee ‘industry, trade, services and investment
the date of establishment of the arbitration panel. Any Party
promotion’ of the time it will require for compliance
may submit a written request for the arbitration panel to review
(reasonable period of time), if immediate compliance is not
precise aspects of the interim report within 15 days of its
possible.
notification. The findings of the final panel ruling shall
include a discussion of the arguments made at the interim
review stage.
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
Article 8
Party complained against, request in writing the arbitration
panel to determine the length of the reasonable period of
Arbitration panel ruling
time. Such request shall be notified simultaneously to the
1. The arbitration panel shall notify its ruling to the Parties
other Party and to the subcommittee ‘industry, trade, services
and to the subcommittee ‘industry, trade, services and
and investment promotion’. The arbitration panel shall notify its
investment promotion’ within 150 days from the date of the
ruling to the Parties and to the subcommittee ‘industry, trade,
establishment of the arbitration panel. Where it considers that
services and investment promotion’ within 30 days from the
this deadline cannot be met, the chairperson of the arbitration
date of the submission of the request.
panel must notify the Parties and the subcommittee ‘industry,
trade, services and investment promotion’ in writing, stating the
reasons for the delay and the date on which the panel plans to
3. The
reasonable
period
of
time
may
be
extended
by
mutual
conclude its work. Under no circumstances should the ruling be
agreement of the Parties.
notified later than 180 days from the date of the establishment
of the arbitration panel.
Article 11
Review of any measure taken to comply with the
2. In
cases
of
urgency,
including
those
involving
perishable
arbitration panel ruling
or seasonal goods, the arbitration panel shall make every effort
1. The
Party
complained
against
shall
notify
the
other
Party
to notify its ruling within 75 days from the date of its estab
and the subcommittee ‘industry, trade, services and investment
lishment. Under no circumstance should it take longer than
promotion’ before the end of the reasonable period of time of
90 days from its establishment. The arbitration panel shall
any measure that it has taken to comply with the arbitration
give a preliminary ruling within 10 days of its establishment
panel ruling.
on whether it deems the case to be urgent.
2. In the event that there is disagreement between the Parties
concerning the existence or the consistency of any measure
3. The
arbitration
panel
shall,
at
the
request
of
both
Parties, notified under paragraph 1 with the provisions referred to in
suspend its work at any time for a period agreed by the Parties
Article 2, the complaining Party may request, in writing, the
not exceeding 12 months and shall resume its work at the end
arbitration panel to rule on the matter. Such request shall
of this agreed period at the request of the complaining Party. If
identify the specific measure at issue and it shall explain how
the complaining Party does not request the resumption of the
such measure is inconsistent with the provisions referred to in
arbitration panel’s work before the expiry of the agreed
Article 2. The arbitration panel shall notify its ruling within
suspension period, the procedure shall be terminated. The
90 days of the date of the submission of the request. In cases
suspension and termination of the arbitration panel’s work
of urgency, including those involving perishable or seasonal
are without prejudice to the rights of either Party in another
goods, the arbitration panel shall notify its ruling within 45
proceeding on the same matter.
days of the date of the submission of the request.

---

L 177/6
EN
Official Journal of the European Union
6.7.2011
Article 12
promotion’ of any measure it has taken to comply with the
ruling of the arbitration panel and of its request for an end to
Temporary remedies in case of non-compliance
the suspension of obligations applied by the complaining Party.
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
2. If the Parties do not reach an agreement on the compati
panel rules that the measure notified under Article 11(1) is
bility of the notified measure with the provisions referred to in
inconsistent with that Party’s obligations under the provisions
Article 2 within 30 days of the date of receipt of the notifi
referred to in Article 2, the Party complained against shall, if so
cation, the complaining Party shall request, in writing, the arbi
requested by the complaining Party, present an offer for
tration panel to rule on the matter. Such request shall be
temporary compensation. The complaining Party may request
notified simultaneously to the other Party and to the subcom
such an offer also before the expiry of the reasonable period of
mittee ‘industry, trade, services and investment promotion’. The
time.
arbitration panel ruling shall be notified to the Parties and to
the subcommittee ‘industry, trade, services and investment
promotion’ within 45 days of the date of the submission of
2. If no agreement on compensation is reached within
the request. If the arbitration panel rules that any measure taken
30 days after the end of the reasonable period of time or of
to comply is in conformity with the provisions referred to in
the arbitration panel ruling under Article 11 that a measure
Article 2, the suspension of obligations shall be terminated.
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
SECTION III
‘industry, trade, services and investment promotion’, to
suspend obligations arising from any provision referred to in
Common provisions
Article 2 at a level equivalent to the nullification or impairment
Article 14
caused by the violation. In adopting such measures the
complaining Party shall take into consideration their impact
Mutually agreed solution
on the economy of the Party complained against. The
complaining Party may implement the suspension 10 working
The Parties may reach a mutually agreed solution to a dispute
days after the date of receipt of the notification by the Party
under this Protocol at any time. They shall notify the subcom
complained against, unless the Party complained against has
mittee ‘industry, trade, services and investment promotion’ and
requested arbitration under paragraph 3.
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.
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 arbi
Article 15
tration panel to rule on the matter. Such request shall be
Rules of Procedure
notified to the other Party and to the subcommittee ‘industry,
trade, services and investment promotion’ before the expiry of
1. Dispute
settlement
procedures
under
Chapter
III
of
this
the period of 10 working days referred to in paragraph 2. The
Protocol shall be governed by the Rules of Procedure annexed
arbitration panel, having sought, if appropriate, the opinion of
to this Protocol.
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
2. Any
meeting
of
the
arbitration
panel
shall
be
open
to
the
the submission of the request. Obligations shall not be
public in accordance with the Rules of Procedure, unless the
suspended until the arbitration panel has notified its ruling,
Parties agree otherwise.
and any suspension shall be consistent with the arbitration
panel ruling.
Article 16
4. The
suspension
of
obligations
shall
be
temporary
and
Information and technical advice
shall be applied only until any measure found to be inconsistent
1. At
its
own
initiative,
or
at
the
request
of
a
Party,
the
with the provisions referred to in Article 2 has been withdrawn
arbitration panel may obtain information it deems appropriate
or amended so as to bring it into conformity with those
for the arbitration panel proceeding. In particular, the arbi
provisions, as established under Article 13, or until the Parties
tration panel has the right to seek the relevant opinion of
have agreed to settle the dispute.
experts. 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
Article 13
submitted for their comments.
Review of any measure taken to comply after the
suspension of obligations
2. Interested
persons
established
in
the
Parties
are
authorised
1. The
Party
complained
against
shall
notify
the
other
Party to submit amicus curiae briefs to the arbitration panels in
and the subcommittee ‘industry, trade, services and investment
accordance with the Rules of Procedure.

---

EN
6.7.2011 Official
Journal
of
the
European
Union L
177/7
Article 17
recourse is made to the selection procedure of Article 6(2),
the chairpersons of the subcommittee ‘industry, trade, services
Rules of interpretation
and investment promotion’ may use a sectoral list upon
Any arbitration panel shall interpret the provisions referred to
agreement of both Parties.
in Article 2 in accordance with customary rules of interpre
tation of public international law, including the Vienna
Convention on the Law of Treaties. The rulings of the arbi
Article 20
tration panel cannot add to or diminish the rights and obli
gations provided in the provisions referred to in Article 2.
Relation with WTO obligations
1. Recourse
to
the
dispute
settlement
provisions
of
this
Protocol shall be without prejudice to any action in the WTO
Article 18
framework, including dispute settlement action.
Arbitration panel decisions and ruling
1. The
arbitration
panel
shall
make
every
effort
to
take
any 2. However, where a Party has, with regard to a particular
decision by consensus. Where, nevertheless, a decision cannot
measure, instituted a dispute settlement proceeding, either under
be arrived at by consensus, the matter at issue shall be decided
this Protocol or under the WTO Agreement, it may not institute
by majority vote. However, in no case dissenting opinions of
a dispute settlement proceeding regarding the same measure in
arbitrators shall be published.
the other forum until the first proceeding has ended. In
addition, a Party shall not seek redress for the breach of an
obligation which is identical under the Association Agreement
and under the WTO Agreement in the two forums. In such
2. Any
ruling
of
the
arbitration
panel
shall
be
binding
on
the case, once a dispute settlement proceeding has been initiated,
Parties and shall not create any rights or obligations to physical
the Party shall not bring a claim seeking redress for the breach
or legal persons. The ruling shall set out the findings of fact, the
of the identical obligation under the other agreement to the
applicability of the relevant provisions of the Association
other forum, unless the forum selected fails for procedural or
Agreement and the basic rationale behind any findings and
jurisdictional reasons to make findings on the claim seeking
conclusions that it makes. The subcommittee ‘industry, trade,
redress of that obligation.
services and investment promotion’ 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
3. For
the
purposes
of
paragraph
2,
confidential information.
— dispute settlement proceedings under the WTO Agreement
CHAPTER IV
are deemed to be initiated by a Party’s request for the
establishment of a panel under Article 6 of the Under
GENERAL PROVISIONS
standing on Rules and Procedures Governing the Settlement
Article 19
of Disputes of the WTO (DSU) and are deemed to be ended
when the Dispute Settlement Body adopts the Panel’s report,
Lists of arbitrators
and the Appellate Body’s report as the case may be, under
Articles 16 and 17(14) of the DSU,
1. The subcommittee ‘industry, trade, services and
investment promotion’ shall, no later than six months after
the entry into force of this Protocol, establish a list of at least
15 individuals who are willing and able to serve as arbitrators.
— dispute settlement proceedings under this Protocol are
Each of the Parties shall propose at least five individuals to serve
deemed to be initiated by a Party’s request for the estab
as arbitrators. The two Parties shall also select at least five
lishment of an arbitration panel under Article 5(1) and are
individuals that are not nationals of either Party and who
deemed to be ended when the arbitration panel notifies its
shall act as chairperson to the arbitration panel. The subcom
ruling to the Parties and to the subcommittee ‘industry,
mittee ‘industry, trade, services and investment promotion’ will
trade, services and investment promotion’ under Article 8.
ensure that the list is always maintained at this level.
4. Nothing in this Protocol shall preclude a Party from
implementing the suspension of obligations authorised by the
2. Arbitrators
shall
have
specialised
knowledge
or
experience Dispute Settlement Body of the WTO. The WTO Agreement
of law and international trade. They shall be independent, serve
shall not be invoked to preclude a Party from suspending obli
in their individual capacities and not take instructions from any
gations under this Protocol.
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 Protocol.
Article 21
Time limits
3. The subcommittee ‘industry, trade, services and
1. All
time
limits
laid
down
in
this
Protocol,
including
the
investment promotion’ may establish additional lists of at
limits for the arbitration panels to notify their rulings, shall be
least 15 individuals having a sectoral expertise in specific
counted in calendar days from the day following the act or fact
matters covered by the Association Agreement. When
to which they refer, unless otherwise specified.

---

L 177/8
EN
Official Journal of the European Union
6.7.2011
2. Any
time
limit
referred
to
in
this
Protocol
may
be
3. The
Association
Council
may
decide
to
modify
this
modified by mutual agreement of the Parties. The Parties
Protocol and its Annexes.
undertake to accord sympathetic consideration to requests for
extensions of any time limit by reason of difficulties faced by
Article 23
any Party in complying with the procedures of this Protocol.
Entry into force
Upon request of a Party, the arbitration panel may modify the
time limits applicable in the proceedings, taking into account
This Protocol will be approved by the Parties in accordance with
the different level of development of the Parties.
their own procedures. This Protocol shall enter into force on the
first day of the second month following the date on which the
Article 22
Parties notify each other that the procedures referred to in this
Review and modification of the Protocol
Article have been completed.
1. After
the
entry
into
force
of
this
Protocol
and
its
Annexes,
the Association Council may at any time review their imple
mentation, with a view to decide their continuation, modifi
Done at Brussels, in duplicate, on the eleventh day of February
cation or termination.
in the year two thousand and eleven, in the Bulgarian, Czech,
Danish, Dutch, English, Estonian, Finnish, French, German,
2. In this review, the Association Council may consider the
Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish,
possibility of creating an Appellate Body common to several
Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and
Euro-Mediterranean Agreements.
Arabic languages, each of these texts being equally authentic.

---

EN
6.7.2011 Official
Journal
of
the
European
Union L
177/9
За Европейския съюз
Por la Unión Europea
Za Evropskou unii
For Den Europiske Union
Für die Europische Union
Euroopa Liidu nimel
Για την Ευρωπακ νωση
For the European Union
Pour l'Union européenne
Per l'Unione europea
Eiropas Savienības vārdā –
Europos Sjungos vardu
Az Európai Unió részérl
Gall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela Unio Europeia
Pentru Uniunea European
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
Fr Europeiska unionen
За Хашемитско кралство Йордания
Por el Reino Hachemí de Jordania
Za Jordánské háimovské království
For Det Hashemitiske Kongerige Jordan
Für das Haschemitische Knigreich Jordanien
Jordaania Haimiidi Kuningriigi nimel
Για το Χασεμιτικ Βασλειο τη Ιορδανα
For the Hashemite Kingdom of Jordan
Pour le Royaume hachémite de Jordanie
Per il Regno hashemita di Giordania
Jordānijas Hāimītu Karalistes vārdā –
Jordanijos Haimit Karalysts vardu
A Jordán Hásimita Királyság részérl
Gar-Renju axemita tal-ordan
Voor het Hasjemitisch Koninkrijk Jordani
W imieniu Jordaskiego Królestwa Haszymidzkiego
Pelo Reino Hachemita da Jordnia
Pentru Regatul Haemit al Iordaniei
Za Jordánske háimovské kráovstvo
Za Haemitsko kraljevino Jordanijo
Jordanian haemiittisen kuningaskunnan puolesta
Fr Hashemitiska konungariket Jordanien

---

L 177/10
EN
Official Journal of the European Union
6.7.2011
ANNEXES
ANNEX I: RULES OF PROCEDURE FOR ARBITRATION
ANNEX II: CODE OF CONDUCT FOR MEMBERS OF ARBITRATION PANELS AND MEDIATORS

---

EN
6.7.2011 Official
Journal
of
the
European
Union L
177/11
ANNEX I
RULES OF PROCEDURE FOR ARBITRATION
General provisions
1. In the Protocol 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
Protocol;
‘Party complained against’ means the Party that is alleged to be in violation of the provisions referred to in Article 2
of this Protocol;
‘arbitration panel’ means a panel established under Article 6 of this Protocol;
‘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 organisational 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, an e-mail message 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 Jordan 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 Jordan 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.
8. Depending on the object of the provisions under dispute, all requests and notifications addressed to the subcom
mittee ‘industry, trade, services and investment promotion’ in accordance with this Protocol 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 Protocol or to rules 19, 20 or 49 of these Rules of Procedure, the 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.

---

L 177/12
EN
Official Journal of the European Union
6.7.2011
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 Association Agreement, 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 Protocol and to make a ruling in accordance with Article 8 of the
Protocol on Dispute Settlement.’.
(b) The Parties must notify the agreed terms of reference to the arbitration panel within three 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 Protocol, 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 Protocol 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(2) of this Protocol 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) of this Protocol.
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 Protocol.
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 Protocol of
which the original arbitrator was a Member. If the original arbitrator was chosen by the Parties pursuant to
Article 6(2) of this Protocol, 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 the Protocol.
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 Protocol.

---

EN
6.7.2011 Official
Journal
of
the
European
Union L
177/13
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
Protocol. Her or his name shall be drawn by lot by the chairpersons of the subcommittee ‘industry, trade, services
and investment promotion’, 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 Protocol 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.
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.
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 Jordan, and in
Amman 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 Protocol.
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.

---

L 177/14
EN
Official Journal of the European Union
6.7.2011
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 five 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 Protocol, 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 Protocol, 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.

---

EN
6.7.2011 Official
Journal
of
the
European
Union L
177/15
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 Protocol. 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 the Protocol, the procedures set out in Article 6 of this Protocol shall
apply. The time limit for the notification of the ruling shall be extended by 15 days.

---

L 177/16
EN
Official Journal of the European Union
6.7.2011
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
Protocol;
(b) ‘mediator’ means a person who conducts a mediation in accordance with Article 4 of this Protocol;
(c) ‘candidate’ means an individual whose name is on the list of arbitrators referred to in Article 19 of this Protocol
and who is under consideration for selection as a member of an arbitration panel under Article 6 of this
Protocol;
(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 Protocol;
(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 Protocol, 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, services and investment promotion’ 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, services and investment promotion’, 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.

---

EN
6.7.2011 Official
Journal
of
the
European
Union L
177/17
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 Protocol.
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.

---