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id: 10222

id: 10222

REGULATION (EU) No 1219/2012 OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
of 12 December 2012
establishing transitional arrangements for bilateral investment agreements between Member States and third countries

Official Journal of the European Union UE L 2012 Nr 351, p. 40

CHAPTER IV. FINAL PROVISIONS

Article 13. Conduct of Member States with regard to a bilateral investment agreement with a third country

Where a bilateral investment agreement falls within the scope of this Regulation, the Member State concerned shall:

b) inform the Commission without undue delay of any representations made to it that a particular measure is inconsistent with the agreement. The Member State shall also immediately inform the Commission of any request for dispute settlement lodged under the auspices of the bilateral investment agreement as soon as the Member State becomes aware of such a request. The Member State and the Commission shall fully cooperate and take all necessary measures to ensure an effective defence which may include, where appropriate, the participation in the procedure by the Commission;

c) seek the agreement of the Commission before activating any relevant mechanisms for dispute settlement against a third country included in the bilateral investment agreement and shall, where requested by the Commission, activate such mechanisms. Those mechanisms shall include consultations with the other party to a bilateral investment agreement and dispute settlement where provided for in the agreement. The Member State and the Commission shall fully cooperate in the conduct of procedures within the relevant mechanisms, which may include, where appropriate, the participation in the relevant procedures by the Commission.

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