The European Commission has proposed a Council Decision to support replacing the list of 21 arbitrators for state-to-state dispute settlement under the Economic Partnership Agreement (EPA) between the EU and the Southern African Development Community (SADC) EPA States. The proposal, published on 27 July 2026, aims to maintain a sufficient pool of arbitrators for resolving trade disputes under the agreement, which has been provisionally applied since 10 October 2016 for all parties except Mozambique.
eight arbitrators nominated by the EU, eight by the SADC EPA States (Botswana, Eswatini, Lesotho, Mozambique, Namibia, South Africa), and five non-nationals eligible to chair arbitration panels. The replacement is necessary to ensure the minimum number of available arbitrators for dispute settlement, as per Article 94 of the Agreement. The decision will be adopted by the Trade and Development Committee, which is scheduled to meet in Brussels in 2026.
The proposed Council Decision is based on Article 207(4) of the Treaty on the Functioning of the European Union (TFEU), in conjunction with Article 218(9) TFEU, and is addressed to the Commission. It does not amend the Agreement or require implementation by EU member states; it enters into force upon adoption by the Committee.
The EU-SADC EPA, signed in 2016, provides for a dispute settlement mechanism to resolve disagreements between the parties. The replacement of the arbitrator list is a procedural step to keep the mechanism operational. The decision is expected to be adopted without significant controversy, as it maintains the status quo and does not alter the substance of the agreement.
Stakeholders most affected include the EU and SADC EPA States, which rely on the dispute settlement mechanism for trade relations. EU exporters and importers benefit from a functioning dispute resolution system, while the six SADC states gain legal certainty. The decision has no direct impact on EU consumers or taxpayers, as it involves no financial commitments or regulatory changes. The institutional follow-up is limited to the Trade and Development Committee's adoption, after which the new list will be effective immediately.