‘ANNEX XV TO CHAPTER 5

APPROXIMATION OF CUSTOMS LEGISLATION

Union Customs Code

Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code

Timetable: the provisions of the abovementioned Regulation, with the exception of Articles 1, 2, 4 and 26, Articles 42(3), 46(3) and 46(5) to (7), Articles 49, 50 and 64 to 68, Article 88, point (c), Articles 112(2), second and third subparagraphs, and 114(1), second and third subparagraphs, Articles 136, 179 to 181 and 204, Article 206, point (b), Articles 208 to 209, 234 and 278 to 288, shall be incorporated into Ukrainian law within four years following the entry into force of this Agreement.

Approximation to Articles 5 to 8, 16, 17, 18 to 21, 52 to 55, 56, 57 and 77 to 87, Article 88, points (a) and (b), Articles 89 to 111, Article 112(1), (3) and (4), Article 112(2), first subparagraph, Article 113, Article 114(1), first subparagraph, Article 114(2), (3) and (4), Articles 115 to 126, 133 to 135, 137, 138 and 182 to 187, Article 203(3) and (4), Articles 205, 211 to 213, 218, 219, 222 to 225, 254, 255 and 261, 262, 263 to 276 and 277 of Regulation (EU) No 952/2013 shall take place on a best endeavours basis.

Common Transit and Single Administrative Document (SAD)

Convention of 20 May 1987 on the Simplification of Formalities in Trade in Goods

Convention of 20 May 1987 on a common transit procedure

Timetable: the provisions of the abovementioned Conventions, including through a possible accession to those Conventions by Ukraine, shall be incorporated into Ukrainian law within four years following the entry into force of this Agreement.

Reliefs from customs duty

Council Regulation (EC) No 1186/2009 of 16 November 2009 setting up a Community system of reliefs from customs duty

Timetable: Titles I and II of the abovementioned Regulation shall be incorporated into Ukrainian law not later than four years following the entry into force of this Agreement.

Intellectual property rights protection

Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights

Timetable: the provisions of the abovementioned Regulation, with the exception of Article 26, shall be incorporated into Ukrainian law within three years following the entry into force of this Agreement. The obligation of approximation to Regulation (EU) No 608/2013 in itself does not create any obligation on Ukraine to apply measures where a right in intellectual property is not protected under its substantive intellectual property laws and regulations.

Explanatory note:

For the purposes of this Annex, “approximation” should be understood to mean Ukraine’s obligation to incorporate into Ukrainian law and continuously implement the relevant provisions of Union law in line with Article 84 of the Agreement.

For the purposes of this Annex, approximation on a “best endeavours basis” shall be understood to mean Ukraine’s obligation to incorporate into Ukrainian law and continuously implement the relevant provisions of Union law to the maximum extent possible and wherever practicable, in order to reach the objectives set in Article 76 of the Agreement.