Proposal for a Council Decision on the Community position to be adopted in the Cooperation Committee established by the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Ukraine, of the other part, in relation to the revision of the present subcommittee structure
Date: 2005-07-26
Institutions: European Commission
Subjects: Ukraine, committee (EU), cooperation agreement (EU), operation of the Institutions, rules of procedure

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.7.2005 
COM(2005) 336 final 

. 

Proposal for a 

COUNCIL DECISION 

on the Community position to be adopted in the Cooperation Committee established 
by the Partnership and Cooperation Agreement between the European Communities 
and their Member States, of the one part, and Ukraine, of the other part, in relation 
to the revision of the present subcommittee structure 

. 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

(1) 

(2) 

(3) 

(4) 

(5) 

In  its  conclusions  on  the  European  Neighbourhood  Policy  of  14  June  2004,  the 
General Affairs and External Relations Council "welcomed the Commission's proposal 
to  use  the  bodies  under  the  Association  Agreements  and  the  Partnership  and 
Cooperation  Agreements  (PCAs)  to  advance  and  monitor  implementation  of  Action 
Plans  (and)  deemed  that  the  structures  under  the  relevant  agreements,  where 
appropriate,  should  be  reviewed,  to  ensure  that  all  priorities  under  the  ENP  are  duly 
reflected". 

On  21  February  2005, 
the  EU-Ukraine  Cooperation  Council  adopted  a 
recommendation on the implementation of the EU-Ukraine Action Plan. As indicated 
in  this  recommendation,  the  Action  Plan  sets  out  concrete  steps  in  bringing  forward 
the  fulfilment  of  the  Parties’  obligations  set  out  in  the  1998  Partnership  and  Co-
operation  Agreement  between  the  European  Communities  and  their  Member  States, 
and Ukraine, and provides a broader framework for further strengthening EU-Ukraine 
relations to involve a significant measure of economic integration and a deepening of 
political cooperation. 

The  proposed  revised  PCA  sub-committees  structure  will  allow  for  Ukraine  and  the 
EU to comprehensively discuss all areas of its bilateral relationship and to effectively 
advance and monitor the implementation of the ENP Action Plans as foreseen in the 
Plan. 

The  revised  structure  will  also  provide  optimal  conditions  for  the  effective 
involvement of all relevant Commission Services. 

The  text  of  the  proposal  for  a  Council  Decision  on  the  position  to  be  taken  by  the 
Community in the Cooperation Committee, as provided for by Article 2 paragraph 1 of 
the  Council  and  Commission  Decision  of  26  January  1998  on  the  conclusion  of  the 
aforementioned PCA is attached.  

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Proposal for a 

COUNCIL DECISION 

on the Community position to be adopted in the Cooperation Committee established 
by the Partnership and Cooperation Agreement between the European Communities 
and their Member States, of the one part, and Ukraine, of the other part, in relation 
to the revision of the present subcommittee structure 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having regard to Article 2 (1) of Council and Commission Decision of 26 January 1998 on 
the conclusion of the Partnership and Cooperation Agreement (PCA) between the European 
Communities and their Member States, of the one part, and Ukraine, of the other part, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

On 14 June 2004, the Council “welcomed the Commission's proposal to use the bodies 
under the Association Agreements and PCAs to advance and monitor implementation 
of  action  plans  (and)...  deemed  that  the  structures  under  the  relevant  agreements, 
where appropriate, should be reviewed, to ensure that all priorities under the European 
Neighborhood Policy (ENP) are duly reflected.”  

The  EU-Ukraine  Cooperation  Council,  on  21  February  2005,  adopted  a 
recommendation on the implementation of the EU/Ukraine Action Plan,  

Article 87 of the said PCA provides that the Cooperation Council shall be assisted in 
the performance of its duties by a Cooperation Committee, 

The  EU-Ukraine  Cooperation  Council  adopted  the  Rules  of  Procedure  of  the  Co-
operation  Committee  on  9  June  1998  delegating  responsibility  for  the  establishment 
and further set up of subcommittees to the EU-Ukraine Cooperation Committee, 

HAS DECIDED AS FOLLOWS:  

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Sole Article 

The position to be adopted by the Community in the Cooperation Committee established by 
Article 87 of the Partnership and Cooperation Agreement between the European Communities 
and  their  Member  States,  of  the  one  part,  and  Ukraine,  of  the  other  part,  in  relation  to  the 
restructuring of PCA Subcommittees shall be in accordance with the annex to this Decision. 

Done at Brussels, 

For the Council 
The President 

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THE COOPERATION COMMITTEE,  

ANNEX 1 

Having  regard  to  the  Agreement  on  Partnership  and  Cooperation  between  the  European 
Communities and their Member States, of the one part, and Ukraine, of the other part, and in 
particular Article 87 thereof; 

Whereas: 

(1) 

(2) 

The  EU-Ukraine  Cooperation  Council  adopted  a  recommendation  on 
implementation of the EU/Ukraine Action Plan on 21 February 2005.  

the 

According to Article 10 of the Rules of Procedure of the Cooperation Committee, the 
Cooperation Council has delegated powers to establish sub-committees and to define 
their terms of reference to the Cooperation Committee,  

HAS DECIDED AS FOLLOWS: 

Sole Article 

A  revised  PCA  subcommittee  structure  of  which  a  copy  is  herewith  attached  is  hereby 
adopted.  

Done [by written procedure], 

For the EU-Ukraine Cooperation Committee 

For Ukraine 

For the European Community 

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ANNEX 2 
EU-Ukraine revised subcommittee structure 

Subcommittee 

Issues to be covered (non exhaustive)1 

Subcommittee 1: Trade and 
Investment 

All WTO and/or predominantly trade and investment related 
issues; including: trade in services; TBT, investment, 
establishment, trade facilitation, IPR and public procurement 
(trade related); FTA; anti-dumping and safeguards; trade-related 
sector specific issues; agriculture, fisheries, sanitary and 
phytosanitary issues, relevant technical assistance. 

Subcommittee 2: Economic 
and Social Affairs, Finance 
and Statistics 

Macro-economic issues, social and employment policy, financial 
markets, statistics, structural reform, taxation, public finance 
management, including audit and financial control, financial 
services, relevant technical assistance, general principles for the 
provision of technical assistance. 

Subcommittee 3: Enterprise 
Policy, Competition, 
Regulatory Co-operation  

Regulatory cooperation in the field of industrial goods (standards, 
technical regulations, conformity assessment); industrial policy 
dialogue; SMEs, competition, public procurement and IPR 
(regulatory aspects); , company law, space, consumer protection, 
and overview of regulatory co-operation and legislative 
approximation2. Relevant technical assistance. 

Relevant PCA articles  ENP action plan 

(objectives)  

10-23, 37-38, 39, 
41-47, 49, 50, 55, 
annex IV, 4, 30, 32-36, 
54, 57, 22, 60 

18, 2.3 
(Trade, market and 
regulatory reform), 
25, 26, 27, 31, 32, 33, 
34, 35, 41, 42 

24, 25, 52, 67, 69, 48, 
71, 77 

16, 19, 20, 21,22, 23, 
34, 36, 37, 38, 43, 44 

49, 51, 53, 55, 56, 65, 
73, 75 

16, 17, 19, 23, 24, 30, 
32, 33, 34, 35, 39, 40, 
41 42,45, 65  

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2 

A small number of specific issues may fall into the remit of more than one sub-committee. Where this is the case it is the responsibility of the chair and secretariat, guided as 
necessary by the Cooperation Committee, to ensure coherent treatment of the subject across the PCA bodies in a pragmatic manner that advances the objectives of the PCA. 
Legislative approximation should continue to be treated across all sub-committees in their specific areas of competence. 

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Subcommittee 4 : Energy, 
Transport, Nuclear Safety 
and Environment 

Integration of energy markets, energy infrastructure, nuclear 
safety, energy efficiency, energy production, transport, Galileo, 
maritime safety. Environment issues, sustainable development 
strategy, relevant technical assistance. 

23, 31, 39, 40, 61, 62, 
63, 64 

24, , 46-57,60-62  

Subcommittee 5: Customs 
and Cross-border 
cooperation  

Subcommittee 6: Justice, 
Freedom and Security 

Customs co-operation, cross-border cooperation (other than those 
issues treated in SC6), relevant technical assistance. 

39, 76, Protocol on 
customs cooperation 

15, 28-29,31 69,70 

Fight against organised and trans-national crime, cross-border 
cooperation in Justice, freedom and security issues, border 
management, migration, asylum, money laundering, drugs 
combating, prevention of illegal activities, judicial reform, fight 
against corruption, rule of law, good governance, relevant 
technical assistance. 

27, 68, 79 

Relevant aspects of 
section 2.1 especially 
objectives 2, 3, 12 
and 15; 2.4 
(JHA action plan), 69 

Subcommittee 7: Science 
and technology, R&D, 
education, culture and 
public health. Information 
Society & Media, 

Space, general aspects of satellite navigation, education, 
participation in the 6th Framework Programme, IST/information 
society (research aspects), culture, public health, Liberalisation of 
electronic communication, regulatory framework, on-line services, 
media policy, relevant technical assistance. 

58, 59, 65, 66, 74, 80 

58-59, 63-68, 71 

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