PART IV: INSTITUTIONAL AND OTHER HORIZONTAL ARRANGEMENTS
1. STRUCTURE
142. The envisaged partnership should be embedded in an overall governance framework covering all areas of economic and security cooperation, and, as appropriate, agreements and arrangements supplementing the envisaged partnership.
143. The envisaged partnership should allow for its periodical review.
2. GOVERNANCE
144. In order to ensure the proper functioning of the envisaged partnership, it should reaffirm the commitment to engage in regular dialogue and to establish robust, efficient and effective arrangements for its management, supervision, implementation, review and development over time, and for the resolution of disputes and enforcement, in full respect of the autonomy of their respective legal orders.
145. The envisaged partnership should provide for the possibility of autonomous measures, including the suspension of the application of the partnership, as well as any supplementary agreements, in whole or in part in the event of a breach of essential elements.
A. Strategic direction and dialogue
146. The envisaged partnership should include dialogue at appropriate levels so as to provide strategic direction and discuss opportunities for cooperation in areas of mutual interest.
147. There should also be specific thematic dialogues at appropriate levels which should take place as often as necessary for the effective operation of the envisaged partnership.
148. The envisaged partnership should establish a dialogue between the European Parliament and the Parliament of the United Kingdom, where they see fit, in order for the legislatures to share views and expertise on issues related to the envisaged partnership.
149. The envisaged partnership should encourage civil society dialogue.
B. Management, administration and supervision
150. The envisaged partnership should establish a governing body responsible for managing and supervising the implementation and operation of the envisaged partnership, facilitating the resolution of disputes as set out below. It should take decisions and make recommendations concerning its evolution.
151. The governing body should comprise the Parties’ representatives at an appropriate level, reach decisions by mutual consent, and meet as often as required to fulfil its tasks. If necessary, that body could also establish specialised sub-committees to assist it in the performance of its tasks.
C. Interpretation
152. In full respect of the autonomy of the Parties’ legal orders, the envisaged partnership should be consistently interpreted and applied.
D. Dispute settlement
153. The envisaged partnership should include appropriate arrangements for dispute settlement and enforcement, including provisions for expedient problem-solving. To that end, it should include provisions to encourage the Parties to make every attempt to resolve any matter concerning the operation of the envisaged partnership through discussion and consultation, including in the framework of the governing body for formal resolution.
154. The governing body may, where applicable, agree to refer the dispute to an independent arbitration panel at any time, and either Party should be able to do so where the governing body has not arrived at a mutually satisfactory resolution within a defined period of time. The decisions of the independent arbitration panel should be binding on the Parties.
155. Should a dispute raise a question of interpretation of Union law, which may also be indicated by either Party, the arbitration panel should refer the question to the CJEU as the sole arbiter of Union law, for a binding ruling. The arbitration panel should decide the dispute in accordance with the ruling given by the CJEU.
156. Where a Party fails to take measures necessary to comply with the binding resolution of a dispute within a reasonable period of time, the other Party would be entitled to request financial compensation or take proportionate and temporary measures, including suspension of its obligations within the scope of the envisaged partnership. As provided for in Article 178(2) of the Withdrawal Agreement, the envisaged partnership should set out the conditions under which one Party, in case there is a persistence by the other Party in not complying with an arbitration panel ruling referred to in Article 173 of the Withdrawal Agreement, may suspend obligations arising from any part of the envisaged partnership as well as from supplementary agreements.
3. CLASSIFIED AND SENSITIVE NON-CLASSIFIED INFORMATION
157. The envisaged partnership should provide for reciprocal guarantees for the handling and protection of the Parties’ classified information. 158. Where necessary, the Parties should set out the terms for the protection of sensitive non-classified information provided and exchanged between them.
4. EXCEPTIONS AND SAFEGUARDS
159. The envisaged partnership should provide for appropriate exceptions. These should include the disclosure of information related to the Parties’ security interests.
160. The envisaged partnership should address the possibility for a Party to activate temporary safeguard measures that would otherwise be in breach of its commitments in case of circumstances of significant economic, societal or environmental difficulties. This should be subject to strict conditions and include the right for the other Party to rebalancing measures. The measures taken should be subject to independent arbitration.
IV. TERRITORIAL SCOPE
161. Any agreement between the Union and the United Kingdom negotiated on the basis of these negotiating directives should be without prejudice to the Protocol on Ireland/Northern Ireland and to the Protocol relating to the Sovereign Base Areas of the United Kingdom of Great Britain and Northern Ireland in Cyprus.
162. Any agreement between the Union and the United Kingdom negotiated on the basis of these negotiating directives will not include Gibraltar.
V. AUTHENTIC LANGUAGES
163. The envisaged partnership, which should be equally authentic in all official languages of the Union, should include a language clause to that effect.
VI. PROCEDURAL ARRANGEMENTS FOR THE CONDUCT OF THE NEGOTIATIONS
164. The Commission should conduct the negotiations in continuous coordination and permanent dialogue with the Council and its preparatory bodies. In this respect, the Council and Coreper, assisted by [name of the special committee], should provide guidance to the Commission.
165. The Commission should, in a timely manner, consult and report to the preparatory bodies of the Council. To that end, the Council should organise before and after each negotiating session a meeting of the [name of the special committee]. The Commission should provide in a timely manner all necessary information and documents relating to the negotiations.
166. The Commission should, in a timely manner, keep the European Parliament fully informed of the negotiations.
167. The Commission should conduct the negotiations in cooperation with the High Representative of the Union for Foreign Affairs and Security Policy and in agreement with him for CFSP matters.