List of pre-2009 extra-EU BITs published by the European Commission, by José Ángel Rueda

On 8 May 2013 the Official Journal of the European Union has published the List of the bilateral investment agreements referred to in Article 4(1) of Regulation (EU) No 1219/2012 of the European Parliament and of the Council establishing transitional arrangements for bilateral investment agreements between Member States and third countries.[1]

As it is widely known, on 20 December 2012 the European Union published Regulation No. 1219/2012[2] to set out transitional arrangements for BITs between EU Member States and third countries

a)       Signed before 1 December 2009 (bloc I);

b)       Signed between 1 December 2009 and 9 January 2013 (bloc II); and,

c)       To be signed after 9 January 2013 (bloc III).

This time the European Commission has complied with the requirement set out in Article 4(2) of the Regulation whereby it had to publish a list of BITs that the EU Member States had notified they wish to maintain or to permit to enter into force with third States that were signed before 1 December 2009 (bloc I). The deadline for the EU Member States to notify said BITs expired on 8 February 2013 (Article 2 of the Regulation).

This bloc I List includes BITs of 26 out of 27 EU Member States. It is reported that the Republic of Ireland did not have any BIT subject to Regulation 1219/2012.

For the country this author is most familiar with, the Kingdom of Spain, the List contains no surprise at all as the Spanish Government notified its wish to maintain or permit to enter into force all 64 BITs signed with non-EU Member States before 1 December 2009.[3]

1) 52 BITs have already entered into force: those with Albania, Algeria, Argentina, Bosnia and Herzegovina, Chile, China, Colombia, Costa Rica, Croatia,[4] 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.

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

4) The BIT with Bolivia was denounced by Bolivia on 4 January 2012 and terminated on 9 July 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.

5) 10 BITs have yet to enter into force: those with Angola, Bahrain, Congo, Ethiopia, the Gambia, Ghana, Mauritania, Saudi Arabia, Senegal and Yemen.

We hereby invite all readers to check the lists of BITs of other EU Member States and send us their analyses.

[4] This BIT will be subject to the Regulation until Croatia becomes the 28th. EU Member State (on 1 July 2013).