
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 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 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.
Done at Brussels, 22 December 2020.
For the Council
The President
M. ROTH
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 
This Decision shall enter into force on 1 January 2021.
Done at …,
For the Joint Committee
The Co-chairs
ANNEX I
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

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.

ANNEX

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
