Impact of EU Regulation 1219/2012 on BITs Signed by Spain, by José Ángel Rueda

Following our post on the upcoming entry into force of EU Regulation 1219/2012 we hereby offer a short summary regarding its impact on the BITs signed by Spain with third countries (i.e., excluding those BITs signed with current or upcoming EU Member States).

As explained before, Regulation 1219/2012 contains provisions for 

a) BITs signed before 1 December 2009 (Bloc I);

b) BITs signed between 1 December 2009 and 9 January 2013 (Bloc II); and

c) BITs to be signed after 9 January 2013 (Bloc III).

On Bloc I, Spain has signed 63 BITs:

1) 51 BITs have already entered into force: those with Albania, Algeria, Argentina, Bosnia and Herzegovina, Chile, China, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, Egypt, El Salvador, Gabon, Guatemala, Honduras, India, Indonesia, Iran, Jamaica, Jordan, Kazakhstan, Republic of Korea, Kuwait, Lebanon, Libya, F. Y. R. of Macedonia, Malaysia, Mexico, Moldova, Morocco, Namibia, Nicaragua, Nigeria, Pakistan, Panama, Paraguay, Peru, Philippines, Russia (applicable also to Armenia, Azerbaijan, Belarus, Georgia, Kyrgyzstan, Tajikistan and Turkmenistan, as it was signed in 1990 with the former USSR), Serbia (applicable also to Montenegro as it was signed when both countries still formed a Union), South Africa, Syria, Trinidad and Tobago, Tunisia, Turkey, Ukraine, Uruguay, Uzbekistan, Venezuela and Vietnam.[1]

2) The BIT with Equatorial Guinea is provisionally applicable since the date of its signature (22 Nov 2003).

3) The BIT with Bolivia was denounced by Bolivia on 4 Jan 2012 and terminated on 9 Jul 2012. Although it is no longer into force, pursuant to its Article 13(2) this BIT is applicable for a further 10 years since the date of denunciation to all investments made by Spanish investors in Bolivia or Bolivian investors in Spain before the date of denunciation.

4) 10 BITs have yet to enter into force: those with Angola, Bahrain, Congo, Ethiopia, the Gambia, Ghana, Mauritania, Saudi Arabia, Senegal and Yemen.[2]

It will be interesting to see whether Spain would notify its wish to maintain in force all the BITs referred to at point 1 (and 3) and to permit the entry into force of all the BITs referred to at points 2 and 4.

On Bloc II, Spain has signed 2 BITs: with Mozambique (on 18 Oct 2010) and Haiti (on 17 Nov 2012; see our previous post).

On Bloc III, we understand that there could be a number of pending negotiations between Spain and third countries.

Finally, Spain has 10 BITs in force with EU Member States (or upcoming Member States): Bulgaria, Croatia (to become a EU Member State on 1 Jul 2013), Czech Republic (applicable also to Slovakia as it was signed in 1990 with the then Czechoslovakia), Estonia, Hungary, Latvia, Lithuania, Poland, Romania and Slovenia. We remind you that Regulation 1219/2012 is not applicable to intra-EU BITs.

[2] List available at Uría Menéndez, Legislation on Arbitration, Thomson-Reuters, 2012, at p. 114.