After its adoption, the decisions of the Association Council and of Association Committee in Trade configuration shall be published in the Official Journal of the European Union.

This Decision shall enter into force on the day of its adoption.

The position to be taken on behalf of the Union within the Association Council as regards supplementing Annex I-A to the Agreement and within the Association Committee in Trade configuration as regards supplementing Annexes I-C and I-D to the Agreement shall be based on the draft Decisions set out in the Annex.

(10)The position of the Union within the Association Council and within Association Committee in Trade configuration should therefore be based on the draft Decisions set out in the Annex,

(9)By Decision No. 3/2014 of 15 December 2014 the EU-Ukraine Association Council empowered the Association Committee in Trade configuration to update or amend certain trade-related annexes, including Annexes I-C and I-D to the Agreement.

(8)A technical amendment in Annex I-C is required to tariff code 1207 9997 00 to reflect the correct description as per United Commodities Classifier (UKTZED) of Ukraine.

(7)Annex I-D to Chapter 1 of the Agreement, setting out safeguard measures in the form of a surcharge to be applied to the export duty for specific goods, also provides that the recalculation of the table is needed in order to maintain the relative preference (same proportion) compared to the WTO-bound export duty rates applicable for each period in case the trade-related provisions of the Agreement enter into force after 15 May 2014.

(6)Annex I-C to Chapter 1 of the Agreement, setting out the schedules of export duty elimination of Ukraine, provides that the recalculation of the table is needed in order to maintain the relative preference (same proportion) compared to the WTO-bound export duty rates applicable for each period in case the trade-related provisions of the Agreement enter into force after 15 May 2014.

(5)An equivalent clarification is required to ensure that the same modalities, reflecting the joint understanding reached by the Parties during negotiations, are clearly set out for the optimal implementation of the Schedule of concessions. Such modalities are to be applied by both parties to the Agreement,

(4)A clarification on the modalities of tariff dismantlement was adopted in the context of the amendment to the autonomous trade preferences with a view to specifying the reduction to be applied to the base rate of customs duties for each staging category referred to in Annex I of Regulation (EU) No 374/2014.

(3)Having unilaterally anticipated the implementation of the Schedule of concessions set out in Annex I-A to the Agreement by means of the autonomous trade preferences provided for under Regulation (EU) No 374/2014 of the European Parliament and the Council, the Union has already applied the specific modalities of implementation of the schedule ('staging categories') which were agreed by the Parties.

(2)Article 4 of Council Decision 2014/668/EU specifies the provisions of the Agreement to be applied provisionally, including those related to the elimination of customs duties and those related to Annexes I-A to I-D to the Agreement. The provisional application has been effective from 1 January 2016.

(1)Article 486(3) and (4) of 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 'Agreement') provide for the provisional application of the Agreement in part, as specified by the Union.

Having regard to the proposal from the European Commission,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207 and Article 218(9) thereof,

on the position to be taken on behalf of the Union within the Association Council established 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, as regards supplementing Annex I-A, and in the Association Committee in Trade configuration, on recalculating the schedule of export duty elimination set out in Annexes I-C and I-D to the Association Agreement

The legal bases of the proposed Council decision are Article 207 in conjunction with Article 218(9) TFEU.

The conclusion of the Agreement as mixed Agreement does not require the consent of all Parties because the updates of the aforementioned Annexes on tariff schedules fall within an area of exclusive competence of the Union pursuant to Article 3(1) and Article 207 TFEU.

The substantive legal basis of the proposed decision, therefore, is Article 207 TFEU.

The main objective and content of the envisaged acts is the modification of Annex I-A and the recalculation of the schedule of export duty elimination set out in Annex I-C and Annex I-D to the Agreement. Consequently, the main objective and content of the envisaged acts relate to the common commercial policy in accordance with Article 207.

The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is adopted on behalf of the Union. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.

The procedural legal basis for the proposed decision, therefore, is Article 218(9) TFEU.

The acts which the Association Committee in Trade configuration is called upon to adopt constitute acts having legal effects. The envisaged acts will be binding upon the Parties in accordance with Article 465(3) of the Agreement. The envisaged acts do not supplement or amend the institutional framework of the agreement. Accordingly, the Union positions are to be taken in the EU-Ukraine Association Committee in Trade configuration in application of Article 218(9) TFEU.

Article 463(3) of the Agreement provides that the Association Council shall have the power to update or amend the Annexes to the Agreement. Pursuant to Article 465(2) of the Agreement, the Association Council may delegate to the Association Committee in Trade configuration any of its powers, including the power to take binding decisions. The Association Council delegated the power to update or amend certain trade-related Annexes to the Association Committee in Trade configuration by its Decision No 3/2014 of 15 December 2014.

Pursuant to Article 465(4) of the Agreement, the Association Committee shall meet in Trade configuration to address all trade and trade-related issues of Title IV of the Agreement.

The notion of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’.

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement’.

The Association Agreement between the Union and Ukraine is not subject to REFIT procedures; it does not imply any costs for the Union SMEs; and it does not raise any issues from the viewpoint of the digital environment.

This proposal is consistent and complements the other external policies of the Union, notably the European Neighbourhood Policy and the development cooperation policy in relation to Ukraine.

This proposal implements the Union’s common commercial policy towards Ukraine, based on the provisions of the above-mentioned Association Agreement. One of the objectives of the Association Agreement is to establish conditions for enhanced economic and trade relations leading towards Ukraine's gradual integration in the EU Internal Market.

The attached proposal for a Council decision establishes the Union position on a decision by the Association Council on the modification of Annex I-A and a decision of the Association Committee in Trade configuration on the recalculation of the schedule of export duty elimination set out in Annex I-C and Annex I-D to the Agreement . The proposal also introduces a corrective amendment to Annex I-C.

3.Position to be adopted on behalf of the Union

The envisaged acts shall become binding upon the Parties to the Agreement in accordance with Article 465(3) of the Agreement, which provides: ‘The Association Committee shall have the power to adopt decisions in the cases provided for in this Agreement and in areas in which the Association Council has delegated powers to it. These decisions shall be binding upon the Parties, which shall take appropriate measures to implement them. The Association Committee shall adopt its decisions by agreement between the Parties'.

The addition of Appendix C to Annex I-A, while not implying any substantive change is nonetheless considered necessary to provide the maximum clarity as regards the implementation of the Agreement. The recalculation of export duties for Annexes I-C and I-D is mandated in the Agreement itself, and is instrumental to maintaining the relative preference (same proportion) compared to the WTO-bound export duty rates applicable during the period of export duties dismantlement.

The Association Committee in Trade configuration is to adopt a decision on the recalculation of the schedule of export duty elimination set out in Annex I-C and Annex I-D to the Agreement. The proposal also introduces a corrective amendment to Annex I-C.

The Association Council is to adopt a decision regarding the modification of Annex I-A.

Pursuant to Article 465(3) of the Agreement and Article 11(1) of the Rules of Procedure, the Association Committee in Trade Configuration shall adopt its decisions by mutual agreement between the Parties and on completion of the respective internal procedures. Each decision or recommendation shall be signed by the Chair of the Association Committee and authenticated by the Secretaries of the Association Committee.

As set out in Article 465(4) of the Agreement, the Association Committee shall meet in Trade configuration to address all trade and trade-related issues of Title IV of the Agreement. As specified in Article 1(4) of the Rules of Procedure of the Association Committee and of Sub-Committees ('the Rules of Procedure'), the Association Committee in Trade Configuration shall be composed of senior officials of the European Commission and of Ukraine who are responsible for trade and trade-related matters. A representative of the European Commission or of Ukraine who is responsible for trade and trade-related matters shall act as Chair of the Association Committee in Trade configuration. The meetings will also be attended by a representative of the European External Action Service.

The Association Committee in Trade configuration is a body established by the Article 465(4) of the Agreement, which, pursuant to Article 465(3) of the Agreement, has the power to adopt decisions in the cases provided for in the Agreement and in areas in which the Association Council has delegated powers to it. Those decisions shall be binding upon the Parties, which shall take appropriate measures to implement them.

The Association Council is a body established by the Agreement which meets at regular intervals at least once a year at ministerial level to hold political and policy dialogue. It supervises and monitors the application and implementation of this Agreement and periodically reviews the functioning of this Agreement in the light of its objectives. It consists of members of the Council of the European Union and members of the European Commission, on the one hand, and of members of the Government of Ukraine, on the other. The Association Council has the power to take decisions within the scope of this Agreement, in the cases provided for therein. Such decisions shall be binding upon the Parties, which shall take appropriate measures, including if necessary action in specific bodies established under this Agreement, to implement the decisions taken. It shall adopt its decisions and recommendations by agreement between the Parties, following completion of the respective internal procedures.

The Agreement aims to establish conditions for enhanced economic and trade relations leading towards Ukraine's gradual integration in the EU Internal Market. The agreement was signed on 21 March and 27 June 2014, and is provisionally applied in part. Title IV on Trade and Trade-Related Matters is provisionally applied since 1 January 2016.

2.1.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

The present proposal concerns the decision establishing the position to be adopted on behalf of the Union in the Association Council in connection with the envisaged modification of Annex I-A and a decision of the Association Committee in Trade configuration on the recalculation of the schedule of export duty elimination set out in Annex I-C and Annex I-D to 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 Agreement'). The proposal also introduces a corrective amendment to Annex I-C.

on the position to be taken on behalf of the Union within the Association Council established 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, as regards supplementing Annex I-A, and in the Association Committee in Trade configuration, on recalculating the schedule of export duty elimination set out in Annexes I-C and I-D to the Association Agreement

EUROPEAN COMMISSION Brussels,16.11.2017 COM(2017) 663 final ANNEX to the Proposal for a Council Decision on the position to be taken on behalf of the Union within the Association Council established 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, as regards supplementing Annex I-A, and in the Association Committee in Trade configuration, on recalculating the schedule of export duty elimination set out in Annexes I-C and I-D to the Association Agreement



ANNEX DRAFT DECISION NO X/2017 OF THE EU-UKRAINE ASSOCIATION COUNCIL of … 2017 supplementing Annex I-A to the Association Agreement THE EU-UKRAINE ASSOCIATION COUNCIL, Having regard to 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, signed in Brussels on 27 June 2014, Whereas: (1)In accordance with Article 486 of 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 Agreement'), parts of the Agreement, including provisions on the elimination of customs duties, and related Annex I-A is applied provisionally as of 1 January 2016. (2)Regulation (EU) No 374/2014 of the European Parliament and of the Council of 16 April 2014 unilaterally established a preferential arrangement which allowed for the reduction or the elimination of customs duties on goods originating in Ukraine in accordance with the Annex I of that Regulation. (3)Such preferential arrangement corresponded to the tariff concessions which would be applied in the course of the first year of implementation of the EU-Ukraine Association Agreement in accordance with Annex I-A of the Agreement. (4)Regulation (EU) No 1150/2014 of the European Parliament and of the Council of 29 October 2014 amending Regulation (EU) No 374/2014 inter alia introduced a clarification on the specific reduction to be applied to the base rate of customs duties for each 'staging category' referred to in Annex I of that Regulation. (5)In the interest of clarity of the Agreement an equivalent clarification is required to specify the reduction to be applied to the base rate of customs duties for all subsequent years for each 'staging category' referred to in Annex I-A to the Agreement. Such modalities of tariff dismantlement correspond to the mutual understanding reached with Ukraine during the negotiation, and will be applied by both parties to the Agreement. (6)Article 463(2) of the Agreement provides that the Association Council is a forum for exchange of information on implementation and enforcement measures. (7)Article 463(3) of the Agreement provides that the Association Council shall have the power to update or amend the Annexes to the Agreement. (8)It is therefore appropriate for the EU-Ukraine Association Council to adopt a decision supplementing Annex I-A to the Association Agreement, HAS ADOPTED THIS DECISION: Article 1 A new Appendix C is added to Annex I-A to 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, as set out in the Annex to this Decision to clarify the implementation of the reduction to the base rate of customs duties to be applied for all subsequent years for each 'staging category' referred to in Annex I-A.

Article 2 This Decision shall enter into force on the day of its adoption. Done at …, … For the Association Council The Chair annex Appendix C to ANNEX I-A TO THE ASSOCIATION AGREEMENT ELIMINATION OF CUSTOMS DUTIES TARIFF ELIMINATION SCHEDULES OF THE PARTIES FOR GOODS ORIGINATING IN OTHER PARTY This appendix clarifies the reduction to the base rate of customs duties to be applied for each 'staging category' 1.Except as otherwise provided in the Tariff Elimination Schedules of Parties included in Annex I-A to Chapter 1 (hereinafter referred to as the ‘Schedules’), the following clarifications apply to the elimination of customs duties by Parties pursuant to Article 29 (Elimination of Customs Duties on Imports) of Title IV (Trade and Trade-related Matters) of this Agreement: (a)customs duties on goods originating in Ukraine or EU (hereinafter referred to as ‘originating goods’) provided for in the tariff lines in staging category ‘0’ in the Schedules shall be eliminated entirely and such goods shall be free of any customs duty on the date this Agreement enters into force; (b)customs duties on originating goods provided for in the tariff lines in staging category ‘1’ in the Schedules shall be removed in two equal stages beginning on the date this Agreement enters into force, and such goods shall thereafter be free of any customs duty; (c)customs duties on originating goods provided for in the tariff lines in staging category ‘2’ in the Schedules shall be removed in three equal stages beginning on the date this Agreement enters into force, and such goods shall thereafter be free of any customs duty; (d)customs duties on originating goods provided for in the tariff lines in staging category ‘3’ in the Schedules shall be removed in four equal stages beginning on the date this Agreement enters into force, and such goods shall thereafter be free of any customs duty; (e)customs duties on originating goods provided for in the tariff lines in staging category ‘5’ in the Schedules shall be removed in six equal stages beginning on the date this Agreement enters into force, and such goods shall thereafter be free of any customs duty; (f)customs duties on originating goods provided for in the tariff lines in staging category ‘7’ in the Schedules shall be removed in eight equal stages beginning on the date this Agreement enters into force, and such goods shall thereafter be free of any customs duty; (g)customs duties on originating goods provided for in the tariff lines in staging category ‘10’ in the Schedules shall be removed in eleven equal stages beginning on the date this Agreement enters into force, and such goods shall thereafter be free of any customs duty; (h)customs duties on originating goods provided for in tariff lines marked with ‘20 % in 5 years' in the Schedules shall be reduced by 20 percent in six equal stages beginning on the date this Agreement enters into force, and such goods shall thereafter be subject to a customs duty equivalent to the base rate reduced by 20 %; (i)customs duties on originating goods provided for in tariff lines marked with ‘20 % in 10 years' in the Schedules shall be reduced by 20 percent in eleven equal stages beginning on the date this Agreement enters into force, and such goods shall thereafter be subject to a customs duty equivalent to the base rate reduced by 20 %; (j)customs duties on originating goods provided for in tariff lines marked with ‘30 % in 5 years' in the Schedules shall be reduced by 30 percent in six equal stages beginning on the date this Agreement enters into force, and such goods shall thereafter be subject to a customs duty equivalent to the base rate reduced by 30 %;

(k)customs duties on originating goods provided for in tariff lines marked with ‘50 % in 5 years' in the Schedules shall be reduced by 50 percent in six equal stages beginning on the date this Agreement enters into force, and such goods shall thereafter be subject to a customs duty equivalent to the base rate reduced by 50 %; (l)customs duties on originating goods provided for in tariff lines marked with ‘50 % in 7 years' in the Schedules shall be reduced by 50 percent in eight equal stages beginning on the date this Agreement enters into force, and such goods shall thereafter be subject to a customs duty equivalent to the base rate reduced by 50 % ; (m)customs duties on originating goods provided for in tariff lines marked with ‘50 % in 10 years' in the Schedules shall be reduced by 50 percent in eleven equal stages beginning on the date this Agreement enters into force, and such goods shall thereafter be subject to a customs duty equivalent to the base rate reduced by 50 %; (n)customs duties on originating goods provided for in tariff lines marked with ‘60 % in 5 years' in the Schedules shall be reduced by 60 percent in six equal stages beginning on the date this Agreement enters into force, and such goods shall thereafter be subject to a customs duty equivalent to the base rate reduced by 60 %; (o)customs duties on originating goods provided for in the tariff lines in staging category " Ad valorem free (Entry Price)" in the Schedules, shall be eliminated on the date this Agreement enters into force; the liberalisation concerns the ad valorem duty only; the specific duty linked to the entry price system applicable for these originating goods shall be maintained. 2.The base rate and staging category to determine the rate of customs duty applicable at each stage of reduction for a tariff line are indicated in the corresponding tariff line in the Schedule. 3.For the purposes of the elimination of customs duties, the rate of customs duties applied in each stage shall be rounded down at least to the nearest tenth of a percentage point or, if the rate of customs duty is expressed in monetary units, at least to the nearest tenth of the official monetary unit of the Party. 4.For the purposes of this Appendix, the first reduction shall take place on the entry into force of this Agreement, and each successive reduction shall take effect on 1 January of the relevant year. 5.If the entry into force of this Agreement corresponds to a date after 1 January and before 31 December of the same year, the in-quota quantity will be pro-rated on a proportional basis for the remainder of the calendar year. DRAFT Decision No x/2017 of the EU-Ukraine Association COMMITTEE IN TRADE CONFIGURATION of …2017 on recalculating the schedule of export duty elimination, amending Annex I-C and Annex I-D to the Association Agreement THE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION, Having regard to 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, signed in Brussels on 27 June 2014, Whereas: (1)In accordance with Article 486 of 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 Agreement'), parts of the Agreement, including provisions on the elimination of customs duties, and related Annexes I-C to I-D are applied provisionally as of 1 January 2016. (2)Annex I-C to Chapter 1 of the Agreement, setting out the schedules of export duty elimination of Ukraine, establishes that the recalculation of the table is needed in order to maintain the relative preference (same proportion) compared to the WTO-bound export duty rates applicable for each period in case the trade-related provisions of the Agreement enter into force after 15 May 2014. (3)Annex I-D to Chapter 1 of the Agreement, setting out safeguard measures in the form of a surcharge to be applied to the export duty for specific goods, also establishes that the recalculation of the table is needed in order to maintain the relative preference (same proportion) compared to the WTO-bound export duty rates applicable for each period in case the trade-related provisions of the Agreement enter into force after 15 May 2014. (4)A technical amendment in Annex I-C is required to tariff code 1207 99 97 00 to reflect the correct description as per United Commodities Classifier (UKTZED) of Ukraine.

(7)Article 463(3) of the Agreement provides that the Association Council shall have the power to update or amend the Annexes to the Agreement. (8)Article 465(2) and (4) of the Agreement specifies that the Association Council may delegate any of its powers, including the power to take binding decisions to the Association Committee which shall meet in a specific configuration to adress all issues related to the Title IV (Trade and Trade–Related matters) of the Agreement. (9)The EU-Ukraine Association Council empowered the Association Committee in Trade configuration (the 'Trade Committee') in its Decision No 3/2014 of 15 December 2014 to update or amend certain trade-related annexes, including Annexes I-C and I-D to the Agreement. (11)It is therefore appropriate for the Trade Committee to adopt a decision recalculating the schedule of export duty elimination set out in Annex I-C and I-D to the Association Agreement, HAS ADOPTED THIS DECISION: Article 1 Annex I-C to 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 replaced by the text set out in the Annex to this Decision. Article 2 Annex I-D to 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 replaced by the text set out in the Annex to this Decision. Article 3 This Decision shall enter into force on the day of its adoption. Done at …, … For the Association Committee in Trade configuration The Chair ANNEX ANNEX I-C TO THE ASSOCIATION AGREEMENT Schedules of export duty elimination Duties expressed in % unless otherwise specified. Livestock and hide raw materials

HS code Description EIF (2016) EIF+1 (2017) EIF+2 (2018) EIF+3 (2019) EIF+4 (2020) EIF+5 (2021) EIF+6 (2022) EIF+7 (2023) EIF+8 (2024) EIF+9 (2025) EIF+10 (2026) Safeguard measures Live bovine animals of domestic species, except pure-bred breeding animals: 0102 90 05 00 Domestic species of a weight not exceeding 80 kg 8,0 7,2 6,4 5,6 4,8 4,0 3,2 2,4 1,6 0,8 0,0 0102 90 21 00 Domestic species of a weight exceeding 80 kg but not exceeding 160 kg for slaughter 8,0 7,2 6,4 5,6 4,8 4,0 3,2 2,4 1,6 0,8 0,0 0102 90 29 00 Domestic species of a weight exceeding 80 kg but not exceeding 160 kg not slaughter 8,0 7,2 6,4 5,6 4,8 4,0 3,2 2,4 1,6 0,8 0,0 0102 90 41 00 Domestic species of a weight exceeding 160 kg but not exceeding 300 kg for slaughter 8,0 7,2 6,4 5,6 4,8 4,0 3,2 2,4 1,6 0,8 0,0 0102 90 49 00 Domestic species of a weight exceeding 160 kg but not exceeding 300 kg not slaughter 8,0 7,2 6,4 5,6 4,8 4,0 3,2 2,4 1,6 0,8 0,0 0102 90 51 00 Heifers (female bovines that have never calved) of a weight exceeding 300 kg for slaughter 8,0 7,2 6,4 5,6 4,8 4,0 3,2 2,4 1,6 0,8 0,0 0102 90 59 00 Heifers (female bovines that have never calved) of a weight exceeding 300 kg not slaughter 8,0 7,2 6,4 5,6 4,8 4,0 3,2 2,4 1,6 0,8 0,0 0102 90 61 00 Cows of a weight exceeding 300 kg for slaughter 8,0 7,2 6,4 5,6 4,8 4,0 3,2 2,4 1,6 0,8 0,0 0102 90 69 00 Cows of a weight exceeding 300 kg not slaughter 8,0 7,2 6,4 5,6 4,8 4,0 3,2 2,4 1,6 0,8 0,0 0102 90 71 00 Domestic species except heifers and cows of a weight exceeding 300 kg for slaughter 8,0 7,2 6,4 5,6 4,8 4,0 3,2 2,4 1,6 0,8 0,0 0102 90 79 00 Domestic species except heifers and cows of a weight exceeding 300 kg not slaughter 8,0 7,2 6,4 5,6 4,8 4,0 3,2 2,4 1,6 0,8 0,0 0102 90 90 00 Not domestic bovines 8,0 7,2 6,4 5,6 4,8 4,0 3,2 2,4 1,6 0,8 0,0 Live sheep: 0104 10 10 00 pure-bred breeding animals 8,0 7,2 6,4 5,6 4,8 4,0 3,2 2,4 1,6 0,8 0,0 0104 10 30 00 Lambs (up to a year old) 8,0 7,2 6,4 5,6 4,8 4,0 3,2 2,4 1,6 0,8 0,0 0104 10 80 00 other live sheep except pure-bred breeding animals and Lambs (up to a year old) 8,0 7,2 6,4 5,6 4,8 4,0 3,2 2,4 1,6 0,8 0,0 4101 Raw hides and skins of bovine (including buffalo) or equine animals (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment- dressed or further prepared), whether or not dehaired or split 11 9,84 8,70 7,95 7,14 6,25 5,0 3,75 2,5 1,25 0,0 see Annex I-D 4102 Raw skins of sheep or lambs (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment-dressed or further prepared), whether or not with wool on or split, other than those excluded by note 1(c) to this chapter 11 9,84 8,70 7,95 7,14 6,25 5,0 3,75 2,5 1,25 0,0 see Annex I-D 4103 90 Other raw hides and skins (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment-dressed or further prepared), whether or not dehaired or split, other than those excluded by note 1(b) or 1(c) to this chapter except of reptiles and swine 11 9,84 8,70 7,95 7,14 6,25 5,0 3,75 2,5 1,25 0,0 see Annex I-D Seeds of some types of oil-yielding crops HS code Description EIF (2016) EIF+1 (2017) EIF+2 (2018) EIF+3 (2019) EIF+4 (2020) EIF+5 (2021) EIF+6 (2022) EIF+7 (2023) EIF+8 (2024) EIF+9 (2025) EIF+10 (2026) Safeguard measures 1204 00 Linseed, whether or not broken 9,1 8,2 7,3 6,4 5,5 4,5 3,6 2,7 1,8 0,9 0,0 1206 00 Sunflower seeds, whether or not broken 9,1 8,2 7,3 6,4 5,5 4,5 3,6 2,7 1,8 0,9 0,0 see Annex I-D 1207 99 97 00 False flax seeds (Camelina spp.) 9,1 8,2 7,3 6,4 5,5 4,5 3,6 2,7 1,8 0,9 0,0



Alloyed ferrous metal scrap, nonferrous metal scrap and semi-manufactured goods of them HS code Description EIF (2016) EIF+1 (2017) EIF+2 (2018) EIF+3 (2019) EIF+4 (2020) EIF+5 (2021) EIF+6 (2022) EIF+7 (2023) EIF+8 (2024) EIF+9 (2025) EIF+10 (2026) Safeguard measures 7202 99 80 00 ferrochrome nickel and other ferroalloys 13,64 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 0,0 7204 21 waste and scrap of stainless steel 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see Annex I-D 7204 29 00 00 waste and scrap of alloyed steel, other 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see Annex I-D 7204 50 00 00 waste in ingots (charge ingots) for remelt, of alloyed steel 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see Annex I-D 7218 10 00 00 stainless steel in form of ingots and in other primary forms 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see Annex I-D 7401 00 00 00 copper mattes; cement copper (precipitated copper) 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see Annex I-D 7402 00 00 00 unrefined copper; copper anodes for electrolytic refining 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see Annex I-D 7403 12 00 00 cast bars for manufacture of wire (wire bars) of refined copper 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see Annex I-D 7403 13 00 00 refined copper billets 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see Annex I-D 7403 19 00 00 refined copper, other 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see Annex I-D 7403 21 00 00 copper-zinc base alloys (brass) 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see Annex I-D 7403 22 00 00 copper-tin base alloys (bronze) 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see Annex I-D 7403 29 00 00 Other copper alloys (other than master alloys of heading 7405); copper and nickel alloys (cupronickels), or copper, nickel and zinc alloys (nickel silver) 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see Annex I-D 7404 00 copper waste and scrap 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see Annex I-D 7405 00 00 00 master alloys of copper 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see Annex I-D 7406 copper powders and flakes 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see Annex I-D 7419 99 10 00 copper wire grates and meshes 13,64 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 0,0 7415 29 00 00 other copper goods without threads, except for washers (including spring washers) 13,64 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 0,0 7415 39 00 00 other copper goods with threads (except for screws, for wood, other screws, bolts and nuts) 13,64 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 0,0 7418 19 90 00 table, kitchen or other household articles and parts thereof, of copper (except for pot scourers and scouring or polishing pads, gloves and the like and cooking or heating apparatus of a kind used for domestic purposes, non-electric, and parts thereof) 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see Annex I-D 7419 other articles of copper 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see Annex I-D 7503 00 nickel waste and scrap 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see Annex I-D 7602 00 aluminum waste and scrap 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see Annex I-D 7802 00 00 00 lead waste and scrap 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see Annex I-D 7902 00 00 00 zinc waste and scrap 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see Annex I-D 8002 00 00 00 tin waste and scrap 13,64 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 0,0 8101 97 00 00 tungsten waste and scrap 13,64 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 0,0 8105 30 00 00 waste and scrap of cobalt and of articles thereof 13,64 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 0,0 8108 30 00 00 waste and scrap of titanium and of articles thereof 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see Annex I-D 8113 00 40 00 waste and scrap of cermets and of articles thereof 13,64 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 0,0 Waste products and scrap of ferrous metals HS code Description EIF (2016) EIF+1 (2017) EIF+2 (2018) EIF+3 (2019) EIF+4 (2020) EIF+5 (2021) EIF+6 (2022) EIF+7 (2023) EIF+8 (2024) EIF+9 (2025) EIF+10 (2026) Safeguard measures 7204 10 00 00 waste and scrap of cast iron 9,5 euro per tonne 9,5 euro per tonne 7,5 euro per tonne 7,5 euro per tonne 5 euro per tonne 5 euro per tonne 3 euro per tonne 3 euro per tonne 0,0 0,0 0,0 7204 30 00 00 waste and scrap of tinned iron or steel 9,5 euro per tonne 9,5 euro per tonne 7,5 euro per tonne 7,5 euro per tonne 5 euro per tonne 5 euro per tonne 3 euro per tonne 3 euro per tonne 0,0 0,0 0,0 7204 41 10 00 turnings, shavings, chips, milling waste, sawdust and filings 9,5 euro per tonne 9,5 euro per tonne 7,5 euro per tonne 7,5 euro per tonne 5 euro per tonne 5 euro per tonne 3 euro per tonne 3 euro per tonne 0,0 0,0 0,0 7204 41 91 00 trimmings and stampings in bundles 9,5 euro per tonne 9,5 euro per tonne 7,5 euro per tonne 7,5 euro per tonne 5 euro per tonne 5 euro per tonne 3 euro per tonne 3 euro per tonne 0,0 0,0 0,0 7204 41 99 00 trimmings and stampings in not bundles 9,5 euro per tonne 9,5 euro per tonne 7,5 euro per tonne 7,5 euro per tonne 5 euro per tonne 5 euro per tonne 3 euro per tonne 3 euro per tonne 0,0 0,0 0,0 7204 49 10 00 waste and scrap ferrous metals, fragmentised (shredded) 9,5 euro per tonne 9,5 euro per tonne 7,5 euro per tonne 7,5 euro per tonne 5 euro per tonne 5 euro per tonne 3 euro per tonne 3 euro per tonne 0,0 0,0 0,0 7204 49 30 00 waste and scrap ferrous metals in bundles 9,5 euro per tonne 9,5 euro per tonne 7,5 euro per tonne 7,5 euro per tonne 5 euro per tonne 5 euro per tonne 3 euro per tonne 3 euro per tonne 0,0 0,0 0,0 7204 49 90 00 waste and scrap ferrous metals sorted and non-sorted 9,5 euro per tonne 9,5 euro per tonne 7,5 euro per tonne 7,5 euro per tonne 5 euro per tonne 5 euro per tonne 3 euro per tonne 3 euro per tonne 0,0 0,0 0,0 7204 50 00 00 waste in bars (charge bars) for melting ferrous metals except alloyed steel 9,5 euro per tonne 9,5 euro per tonne 7,5 euro per tonne 7,5 euro per tonne 5 euro per tonne 5 euro per tonne 3 euro per tonne 3 euro per tonne 0,0 0,0 0,0 ANNEX I-D TO THE ASSOCIATION AGREEMENT Safeguard measures for export duties 1.During the fifteen (15) years following the EIF of the Agreement, Ukraine may apply a safeguard measure in the form of a surcharge to the export duty on the goods listed in Annex I-D, consistent with paragraphs 1 through 11, if during any 1-year period following the EIF the cumulative volume of exports from Ukraine to EU under each listed Ukrainian customs code exceeds a trigger level, as set out in its Schedule included in Annex I-D. 2.The surcharge Ukraine may apply under paragraph 1 shall be set according to its Schedule included in Annex I-D and can only be applied for the remainder of the period as defined in paragraph 1. 3.Ukraine shall apply any safeguard measure in a transparent manner. For this purpose, Ukraine shall as soon as possible provide written notification to the EU of its intention to apply such a measure and provide all the pertinent information including the volume (in tons) of domestic production or collection of materials, and the volume of exports to the Union and to the world. Ukraine shall invite the Union for consultations as far in advance of taking such measure as practicable in order to discuss this information. No measure shall be taken within 30 working days after the invitation for consultations. 4.Ukraine shall ensure that the statistics that are used as evidence for such measures are reliable, adequate and publicly accessible in a timely manner. Ukraine shall provide without delay quarterly statistics on volumes (in tons) of exports to the Union and to the world. 5.The implementation and operation of Article 31 of this Agreement and related Annexes may be the subject of discussion and review in the Trade Committee referred to in Article 465 of this Agreement.

6.Any supplies of the goods in question which were en route on the basis of a contract made before the surcharge is imposed under paragraphs 1 through 3, shall be exempted from any such surcharge. 7.This Annex sets out: those originating goods that may be subject to safeguard measures under Article 31 of this Agreement, the trigger levels for applying such measures defined for each of the Ukrainian customs code quoted, and the maximum surcharge to export duty that may be applied each 1-year period for each such good in addition to export duty. All duties are expressed in % unless otherwise specified; EIF refers to the 12-month period following the date of entry into force of the Agreement; EIF+1 refers to the 12-month period beginning on the first anniversary of entry into force of the Agreement; and so on until EIF+15.



8.For the hide raw materials as covered below: Coverage: the hide raw materials falling within the following Ukrainian customs codes: 4101, 4102, 4103 90. Year (WTO) 2016 2017 2018 2019 2020 2021 Ukraine WTO commitment 22,0 21,0 20,0 20,0 20,0 20,0 Year (Agreement) EIF EIF+1 EIF+2 EIF+3 EIF+4 EIF+5 Ukraine export duty to EU 11,00 9,84 8,70 7,95 7,14 6,25 Trigger Level (tonne) 300,0 315,0 330,0 345,0 360,0 375,0 Maximum surcharge 0,00 0,66 1,30 2,05 2,86 3,75 Year (WTO) 2022 2023 2024 2025 2026 Ukraine WTO commitment 20,0 20,0 20,0 20,0 20,0 Year (Agreement) EIF+6 EIF+7 EIF+8 EIF+9 EIF+10 Ukraine export duty to EU 5,0 3,75 2,50 1,25 0,0 Trigger Level (tonne) 390,0 405,0 420,0 435,0 450,0 Maximum surcharge 5,0 6,25 7,5 8,75 10,0 Year (WTO) 2027 2028 2029 2030 2031 Ukraine WTO commitment 20,0 20,0 20,0 20,0 20,0 Year (Agreement) EIF+11 EIF+12 EIF+13 EIF+14 EIF+15 Ukraine export duty to EU 0,0 0,0 0,0 0,0 0,0 Trigger Level (tonne) 450,0 450,0 450,0 450,0 450,0 Maximum surcharge 8,0 6,0 4,0 2,0 0,0 9.For the sunflower seeds, whether or not broken as covered below: Coverage: the sunflower seeds, whether or not broken falling within the following Ukrainian customs codes: 1206 00. Year (WTO) 2016 2017 2018 2019 2020 2021 Ukraine WTO commitment 11,0 10,0 10,0 10,0 10,0 10,0 Year (Agreement) EIF EIF+1 EIF+2 EIF+3 EIF+4 EIF+5 Ukraine export duty to EU 9,1 8,2 7,3 6,4 5,5 4,5 Trigger Level (tonne) 100 000,0 100 000,0 100 000,0 100 000,0 100 000,0 100 000,0 Maximum surcharge 0,9 1,8 2,7 3,6 4,5 5,5 Year (WTO) 2022 2023 2024 2025 2026 Ukraine WTO commitment 10,0 10,0 10,0 10,0 10,0 Year (Agreement) EIF+6 EIF+7 EIF+8 EIF+9 EIF+10 Ukraine export duty to EU 3,6 2,7 1,8 0,9 0,0 Trigger Level (tonne) 100 000,0 100 000,0 100 000,0 100 000,0 100 000,0 Maximum surcharge 6,4 7,3 8,2 9,1 10,0 Year (WTO) 2027 2028 2029 2030 2031 Ukraine WTO commitment 10,0 10,0 10,0 10,0 10,0 Year (Agreement) EIF+11 EIF+12 EIF+13 EIF+14 EIF+15 Ukraine export duty to EU 0,0 0,0 0,0 0,0 0,0 Trigger Level (tonne) 100 000,0 100 000,0 100 000,0 100 000,0 100 000,0 Maximum surcharge 8,0 6,0 4,0 2,0 0,0 10.For the alloyed ferrous metal scrap, nonferrous metal scrap and semi-manufactured goods of them as covered below:

Coverage: the waste and scrap of alloyed steel falling within the following Ukrainian customs codes: 7204 21, 7204 29 00 00, 7204 50 00 00. Year (WTO) 2016 2017 2018 2019 2020 2021 Ukraine WTO commitment 15,0 15,0 15,0 15,0 15,0 15,0 Year (Agreement) EIF EIF+1 EIF+2 EIF+3 EIF+4 EIF+5 Ukraine export duty to EU 10,0 9,0 8,0 7,0 6,0 5,0 Trigger Level (tonne) 4 000,0 4 200,0 4 400,0 4 600,0 4 800,0 5 000,0 Maximum surcharge 0,0 1,0 2,0 3,0 4,0 5,0 Year (WTO) 2022 2023 2024 2025 2026 Ukraine WTO commitment 15,0 15,0 15,0 15,0 15,0 Year (Agreement) EIF+6 EIF+7 EIF+8 EIF+9 EIF+10 Ukraine export duty to EU 4,0 3,0 2,0 1,0 0,0 Trigger Level (tonne) 5 200,0 5 400,0 5 600,0 5 800,0 6 000,0 Maximum surcharge 6,0 7,0 8,0 9,0 10,0 Year (WTO) 2027 2028 2029 2030 2031 Ukraine WTO commitment 15,0 15,0 15,0 15,0 15,0 Year (Agreement) EIF+11 EIF+12 EIF+13 EIF+14 EIF+15 Ukraine export duty to EU 0,0 0,0 0,0 0,0 0,0 Trigger Level (tonne) 6 000,0 6 000,0 6 000,0 6 000,0 6 000,0 Maximum surcharge 8,0 6,0 4,0 2,0 0,0 Coverage: the stainless steel in form of ingots and in other primary forms falling within the following Ukrainian customs codes: 7218 10 00 00. Year (WTO) 2016 2017 2018 2019 2020 2021 Ukraine WTO commitment 15,0 15,0 15,0 15,0 15,0 15,0 Year (Agreement) EIF EIF+1 EIF+2 EIF+3 EIF+4 EIF+5 Ukraine export duty to EU 10,0 9,0 8,0 7,0 6,0 5,0 Trigger Level (tonne) 2 000,0 2 100,0 2 200,0 2 300,0 2 400,0 2 500,0 Maximum surcharge 0,0 1,0 2,0 3,0 4,0 5,0 Year (WTO) 2022 2023 2024 2025 2026 Ukraine WTO commitment 15,0 15,0 15,0 15,0 15,0 Year (Agreement) EIF+6 EIF+7 EIF+8 EIF+9 EIF+10 Ukraine export duty to EU 4,0 3,0 2,0 1,0 0,0 Trigger Level (tonne) 2 600,0 2 700,0 2 800,0 2 900,0 3 000,0 Maximum surcharge 6,0 7,0 8,0 9,0 10,0 Year (WTO) 2027 2028 2029 2030 2031 Ukraine WTO commitment 15,0 15,0 15,0 15,0 15,0 Year (Agreement) EIF+11 EIF+12 EIF+13 EIF+14 EIF+15 Ukraine export duty to EU 0,0 0,0 0,0 0,0 0,0 Trigger Level (tonne) 3 000,0 3 000,0 3 000,0 3 000,0 3 000,0 Maximum surcharge 8,0 6,0 4,0 2,0 0,0



Coverage: the copper falling within the following Ukrainian customs codes: 7401 00 00 00, 7402 00 00 00, 7403 12 00 00, 7403 13 00 00, 7403 19 00 00. Year (WTO) 2016 2017 2018 2019 2020 2021 Ukraine WTO commitment 15,0 15,0 15,0 15,0 15,0 15,0 Year (Agreement) EIF EIF+1 EIF+2 EIF+3 EIF+4 EIF+5 Ukraine export duty to EU 10,0 9,0 8,0 7,0 6,0 5,0 Trigger Level (tonne) 200,0 210,0 220,0 230,0 240,0 250,0 Maximum surcharge 0,0 1,0 2,0 3,0 4,0 5,0 Year (WTO) 2022 2023 2024 2025 2026 Ukraine WTO commitment 15,0 15,0 15,0 15,0 15,0 Year (Agreement) EIF+6 EIF+7 EIF+8 EIF+9 EIF+10 Ukraine export duty to EU 4,0 3,0 2,0 1,0 0,0 Trigger Level (tonne) 260,0 270,0 280,0 290,0 300,0 Maximum surcharge 6,0 7,0 8,0 9,0 10,0 Year (WTO) 2027 2028 2029 2030 2031 Ukraine WTO commitment 15,0 15,0 15,0 15,0 15,0 Year (Agreement) EIF+11 EIF+12 EIF+13 EIF+14 EIF+15 Ukraine export duty to EU 0,0 0,0 0,0 0,0 0,0 Trigger Level (tonne) 300,0 300,0 300,0 300,0 300,0 Maximum surcharge 8,0 6,0 4,0 2,0 0,0