DECISION No 1/2018 OF THE EU-UKRAINE CUSTOMS SUB-COMMITTEE

of 21 November 2018

replacing Protocol I to the EU-Ukraine Association Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation [2019/101]

THE EU-UKRAINE CUSTOMS SUB-COMMITTEE,

Having regard to the Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part (1), and in particular Article 26(2) thereof,

Having regard to Protocol I to the Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation,

Whereas:

(1) Article 26(2) of the Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part (‘the Agreement’) refers to Protocol I to the Agreement (‘Protocol I’) for the rules of origin.

(2) The Agreement entered into force on 1 September 2017.

(3) Article 39 of Protocol I provides that the Customs Sub-Committee established under Article 83 of Chapter 5 of Title IV of the Agreement may decide to amend the provisions of that Protocol and replace the rules of origin set out in that Protocol.

(4) The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (2) (‘the Convention’) aims to replace the protocols on rules of origin currently in force in the countries of the pan-Euro-Mediterranean area with a single legal act.

(5) The European Union signed the Convention on 15 June 2011. On 16 May 2017, the Joint Committee established under Article 3(1) of the Convention decided that Ukraine should be invited to accede to the Convention (3).

(6) The European Union deposited its instrument of acceptance with the depositary of the Convention on 26 March 2012. Ukraine deposited its instrument of acceptance with the depositary of the Convention on 19 December 2017. As a consequence, in application of Article 10(2) and (3) thereof, the Convention entered into force in relation to the Union on 1 May 2012 and in relation to Ukraine on 1 February 2018.

(7) Protocol I should therefore be replaced by a new protocol which refers to the Convention,

HAS ADOPTED THIS DECISION:

Article 1 Protocol I to the Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation shall be replaced by the text set out in the Annex to this Decision.

Article 2 This Decision shall be published in the Official Journal of the European Union and in the Official Bulletin of Ukraine.

Article 3 This Decision shall enter into force on the date of its adoption. It shall apply from 1 January 2019.

Done at Brussels, 21 November 2018. For the EU-Ukraine Customs Sub-Committee The Chairman F.P. DE PINNINCK Secretaries D. WENCEL N. BILOUS

(1) OJ L 161, 29.5.2014, p. 3.

(2) OJ L 54, 26.2.2013, p. 4.

(3) Decision No 1/2017 of the Joint Committee of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin of 16 May 2017 as regards the request of Ukraine to become a Contracting Party to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin [2017/1367] (OJ L 191, 22.7.2017, p. 11).