EN Official Journal of the European Union L 106/14

COUNCIL DECISION

of 17 March 2008

on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and Ukraine in relation to export duties

(2008/306/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133(1) in conjunction with the first subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) On 14 June 1994 the European Communities and their Member States and Ukraine signed in Luxembourg the Partnership and Cooperation Agreement (PCA), which entered into force on 1 March 1998.

(2) Considering the commitment of the Community and its Member States and of Ukraine to strengthen the economic integration which constitutes an essential basis of their partnership.

(3) Since March 2007 negotiations have been opened for a new Enhanced Agreement between the EU and Ukraine to replace the PCA.

(4) It is intended that the Enhanced Agreement provide for the creation of a deep and comprehensive Free Trade Area (FTA), as a core element of the Enhanced Agreement, following the accession of Ukraine to the World Trade Organization (WTO).

(5) In the context of the WTO accession negotiations of Ukraine the Commission, on behalf of the Community, negotiated comprehensive market-opening commitments on the part of Ukraine which are of particular importance to the Community, as set out in a Memorandum agreed between the negotiators of Ukraine and the Commission on 17 March 2003.

(6) These commitments will be embodied in the Protocol of Accession of Ukraine to the WTO.

(7) During the WTO accession process of Ukraine the Commission has negotiated on behalf of the Community an Agreement in the form of an Exchange of Letters between the European Community and Ukraine, whereby Ukraine committed to eliminate export duties on trade in goods upon the entry into force of the future EU-Ukraine FTA Agreement.

(8) The Agreement should be approved on behalf of the Community,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an Exchange of Letters between the European Community and Ukraine in relation to export duties is hereby approved on behalf of the Community.

The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Community (1).

Article 3

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 17 March 2008. For the Council The President I. JARC

(1) The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

EN Official Journal of the European Union L 106/15

AGREEMENT

in the form of an Exchange of Letters between the European Community and Ukraine in relation to export duties

Kiev, 11 December 2007

Your Excellency,

In the context of the Partnership and Cooperation Agreement between the European Communities and their Member States, and Ukraine of 14 June 1994, and pursuant to negotiations on the accession of Ukraine to the World Trade Organisation, the purpose of this letter is to confirm that duties applied by Ukraine to goods originating therein and exported to the European Community shall be eliminated upon the entry into force of an EU-Ukraine Free Trade Area agreement, to be negotiated after finalisation of Ukraine’s WTO accession process, in the framework of a new Enhanced Agreement.

I propose that this letter and your reply to it will establish a formal agreement between us.

This Agreement will enter into force as from the date on which the European Community receives a written notification from Ukraine to the effect that it has completed the necessary internal procedures.

I confirm that this letter and your reply establish a formal agreement between us.

Please accept, Your Excellency, the assurance of my highest consideration.

On behalf of Ukraine

Brussels, 1 April 2008

Your Excellency,

I confirm the receipt of the letter from the Government of Ukraine dated 11 December 2007 for which I thank you, and which reads as follows:

‘In the context of the Partnership and Cooperation Agreement between the European Communities and their Member States, and Ukraine of 14 June 1994, and pursuant to negotiations on the accession of Ukraine to the World Trade Organisation, the purpose of this letter is to confirm that duties applied by Ukraine to goods originating therein and exported to the European Community shall be eliminated upon the entry into force of an EU-Ukraine Free Trade Area agreement, to be negotiated after finalisation of Ukraine’s WTO accession process, in the framework of a new Enhanced Agreement. I propose that this letter and your reply to it will establish a formal agreement between us. This agreement will enter into force as from the date on which the European Community receives a written notification from Ukraine to the effect that it has completed the necessary internal procedures. I confirm that this letter and your reply establish a formal agreement between us.’

I confirm that the above-quoted letter and my reply will establish a formal agreement between us.

Please accept, Your Excellency, the assurance of my highest consideration.