COUNCIL DECISION (EU) 2019/2145

of 5 December 2019

on the conclusion, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and Ukraine amending the trade preferences for poultry meat and poultry meat preparations provided for by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with point (a)(v) of the second subparagraph of Article 218(6) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament (1),

Whereas:

(1) The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (2) (the ‘Association Agreement’) entered into force on 1 September 2017.

(2) A new type of poultry cut consists of a traditional breast cap with the humerus bones of the wings attached and can, after minimal transformation in the Union, be marketed in the Union as poultry breast. Unlimited imports of those cuts, of which imports from Ukraine reached 55 500 tons in 2018, therefore risk undermining the conditions under which traditional poultry breast cuts may be imported into the Union under the Association Agreement, in particular the quantitative restrictions in the form of a tariff rate quota.

(3) On 20 December 2018, the Council authorised the Commission to open negotiations with Ukraine with a view to finding a solution by amending the trade preferences for poultry meat and poultry meat preparations provided for by the Association Agreement. Those negotiations were successfully concluded on 19 March 2019.

(4) In accordance with Council Decision (EU) 2019/1320 (3), the Agreement in the form of an Exchange of Letters between the European Union and Ukraine amending the trade preferences for poultry meat and poultry meat preparations provided for by the Association Agreement (the ‘Agreement in the form of an exchange of letters’) was signed on 30 July 2019, subject to the conclusion of the said Agreement in the form of an Exchange of Letters.

(5) The General Secretariat of the Council of the European Union is the depositary of the Agreement in the form of an Exchange of Letters.

(6) The Agreement in the form of an Exchange of Letters should be approved,

HAS ADOPTED THIS DECISION:

Article 1 The Agreement in the form of an Exchange of Letters between the European Union and Ukraine amending the trade preferences for poultry meat and poultry meat preparations provided for by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, is hereby approved on behalf of the Union (4).

Article 2 The President of the Council shall designate the person(s) empowered to proceed, on behalf of the Union, to give the notification provided for in the Agreement in the form of an Exchange of Letters (5).

Article 3 This Decision shall enter into force on the date of its adoption.

Done at Brussels, 5 December 2019. For the Council The President M. LINTILÄ

(1) Consent of 26 November 2019 (not yet published in the Official Journal).

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

(3) Council Decision (EU) 2019/1320 of 18 July 2019 on the signing, on behalf of the Union, and provisional application of the Agreement in the form of an Exchange of Letters between the European Union and Ukraine amending the trade preferences for poultry meat and poultry meat preparations provided for by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (OJ L 206, 6.8.2019, p. 1).

(4) The text of the Agreement in the form of an Exchange of Letters has been published in OJ L 206, 6.8.2019, p. 3, together with the decision on signature.

(5) The date of entry into force of the Agreement in the form of an Exchange of Letters will be published in the Official Journal of the European Union by the General Secretariat of the Council.