ANNEX Annex XXVI to XLIV to Title V of the Association Agreement between the European Union and its Member States, of the one part, and the Ukraine, on the other part ANNEX X to the PROPOSAL FOR A COUNCIL DECISION on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part
Date: 2013-05-15
Institutions: European Commission
Subjects: Ukraine, association agreement (EU), free-trade agreement

EUROPEAN 
COMMISSION 

Brussels, 15.5.2013  
COM(2013) 289 final 

Annex X 

ANNEX 

Annex XXVI to XLIV to Title V of the Association Agreement between the European 
Union and its Member States, of the one part, and the Ukraine, on the other part 

ANNEX X 

to the  

PROPOSAL FOR A COUNCIL DECISION 

on the signing, on behalf of the European Union, and provisional application of the 
Association Agreement between the European Union and its Member States, of the one 
part, and Ukraine, of the other part 

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ANNEX 

Annex XXVI to XLIV to Title V of the Association Agreement between the European 
Union and its Member States, of the one part, and the Ukraine, on the other part 

ANNEX X 

to the  

PROPOSAL FOR A COUNCIL DECISION 

on the signing, on behalf of the European Union, and provisional application of the 
Association Agreement between the European Union and its Member States, of the one 
part, and Ukraine, of the other part 

ASSOCIATION AGREEMENT  

BETWEEN THE EUROPEAN UNION AND ITS 
MEMBER STATES, OF THE ONE PART, AND 
UKRAINE, OF THE OTHER PART

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ANNEXES

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ANNEXES OF 

TITLE IV: TRADE AND TRADE-RELATED MATTERS 

[PLACEHOLDER] 

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ANNEXES  

TITLE V: ECONOMIC AND SECTOR COOPERATION 

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to CHAPTER 1: ENERGY COOPERATION, INCLUDING NUCLEAR ISSUES 

ANNEX XXVI  

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

of TITLE V: ECONOMIC AND SECTOR COOPERATION 

The  EU  and  Ukraine  establish  herewith  an  ‘Early  Warning  Mechanism’  with  the 
objective of setting out practical measures aimed at preventing and rapidly reacting 
to  an  emergency  situation  or  to  a  threat  of  an  emergency  situation.  It  foresees  an 
early evaluation of potential risks and problems related to the supply and demand of 
natural  gas,  oil  or  electricity  and  the  prevention  and  rapid  reaction  in  case  of  an 
emergency situation or a threat of an emergency situation. 

For  the  purpose  of  this  Annex,  an  emergency  situation  is  a  situation  causing  a 
significant disruption / physical interruption of supply of natural gas, oil or electricity 
between Ukraine and the European Union.  

For  the  purpose  of  this  Annex  the  Coordinators  are  the  Minister  of  Energy  of 
Ukraine and the Member of the European Commission in charge of Energy. 

An early evaluation of potential risks and problems related to the supply and demand 
of energy materials and products should be undertaken jointly by the two Parties in 
particular in the framework of the Memorandum of Understanding on cooperation in 
the field of energy between the European Union and Ukraine of 1st December 2005 
and should be regularly reported to the Coordinators. 

Should one of the Parties to this Agreement become aware of an emergency situation 
or of a situation which in its opinion could lead to an emergency situation, that Party 
shall inform the other Party without delay. 

Under the circumstances set out in paragraph 5 of this Annex, the Coordinators shall 
notify  each  other,  within  the  shortest  possible  time,  of  the  necessity  to  initiate  the 
Early  Warning  Mechanism.  The  notification  shall  indicate,  inter  alia,  designated 
persons that are authorised by the Coordinators to maintain permanent contact with 
each other. 

Upon  notification  in  accordance  with  paragraph  6  of  this  Annex,  each  Party  shall 
provide the other Party with its own assessment. Such an assessment will include an 
estimate  of  the  timeframe  within  which  the  threat  of  an  emergency  situation  or  the 
emergency  situation  could  be  eliminated.  Both  Parties  shall  react  promptly  to  the 
assessment provided by the other Party and complement it with available additional 
information. 

If one Party is unable to adequately assess or accept the other Party’s assessment of 
the  situation  or  the  estimated  timeframe  within  which  a  threat  of  an  emergency 
situation  or  an  emergency  situation  may  be  eliminated,  the  corresponding 
Coordinator can request consultations, which are to commence within a time period 
not  exceeding  3  days  from  the  moment  of  forwarding  the  notification  foreseen  in 
paragraph  6  of  this  Annex.  Such  consultations  shall  take  place  through  an  Experts 

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Group  consisting  of 
consultations aim at: 

representatives  authorised  by 

the  Coordinators.  The 

– 

– 

– 

elaborating  a  common  evaluation  of  the  situation  and  of  the  possible  further 
development of events;  

elaborating recommendations to eliminate the threat of an emergency situation 
or to overcome the emergency situation;  

elaborating  recommendations  on  a  joint  action  plan  of  the  Parties  in  order  to 
minimise  the  impact  of  an  emergency  situation  and,  if  possible,  to  overcome 
the  emergency  situation,  including  the  possibility  of  establishing  a  Special 
Monitoring Group. 

The  consultations,  common  evaluations  and  proposed  recommendations  shall  be 
based on the principles of transparency, non-discrimination and proportionality. 

The Coordinators, within their competencies, will work to eliminate the threat of an 
emergency situation or to overcome the emergency situation taking into account the 
recommendations that have been elaborated as the result of the consultations. 

The Experts Group referred to in paragraph 8 will report to the Coordinators on its 
activities, promptly after the implementation of any agreed plan of action. 

If  an  emergency  situation  occurs,  the  Coordinators  may  establish  a  Special 
Monitoring  Group  for  examining  the  ongoing  circumstances  and  development  of 
events and for an objective record of them. The Group shall consist of: 

– 

– 

– 

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representatives of both Parties; 

representatives of energy companies of the Parties; 

representatives  of  international  energy  organisations,  proposed  and  mutually 
approved by the Parties; 

independent experts proposed and mutually approved by the Parties. 

The Special Monitoring Group shall start its work without delay and shall operate, as 
necessary,  until  the  emergency  situation  has  been  solved.  A  decision  on  the 
termination of the work of the Special Monitoring Group shall be taken jointly by the 
Coordinators. 

From  the  moment  of  discovering  the  circumstances  described  in  paragraph  5,  and 
until the completion of the procedure for applying the Early Warning Mechanism, as 
well as until the elimination of the threat of an emergency situation or the resolution 
of  the  emergency  situation,  the  Parties  will  do  their  utmost  to  minimise  negative 
consequences for the other Party. Both Parties will cooperate with the aim to reach 
an immediate solution in a spirit of transparency. The Parties will refrain from any 
actions unrelated to the ongoing emergency situation that could create or deepen the 

9. 

10. 

11. 

12. 

13. 

14. 

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15. 

16. 

17. 

18. 

19. 

negative  consequences  for  the  supply  of  natural  gas,  oil  or  electricity  between 
Ukraine and the European Union.  

Each Party independently carries the costs relating to the actions in the framework of 
this Annex. 

The  Parties  shall  maintain  in  confidence  all  information  exchanged  between  them 
that  is  designated  as  being  of  a  confidential  nature.  The  Parties  shall  take  the 
necessary  measures  to  protect  confidential  information  on  the  basis  of  the  relevant 
legal  and  normative  acts  of  Ukraine,  or  the  European  Union  and/  or  its  Member 
States,  as  applicable,  as  well  as  in  accordance  with  applicable  international 
agreements and conventions. 

The Parties may invite, by mutual agreement, representatives of third parties to take 
part in the consultations or monitoring referred to in paragraphs 8 and 12. 

The Parties may agree to adapt the provisions of this Annex in view of establishing 
an early warning mechanism between them and other parties.  

A  violation  of  this  mechanism  cannot  serve  as  a  basis  for  dispute  settlement 
procedures under this Agreement. Moreover, a Party shall not rely on or introduce as 
evidence in such dispute settlement procedures: 

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positions  taken  or  proposals  made  by  the  other  Party  in  the  course  of  the 
procedure; or, 

the fact that the other Party has indicated its willingness to accept a solution to 
the emergency situation subject to this mechanism. 

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ANNEX XXVII 

to CHAPTER 1: ENERGY COOPERATION, INCLUDING NUCLEAR ISSUES 

of TITLE V: ECONOMIC AND SECTOR COOPERATION 

Ukraine  undertakes  to  gradually  approximate  its  legislation  to  the  following  EU  legislation 
within the stipulated timeframes: 

Electricity 

Directive 2003/54/EC concerning common rules for the internal market in electricity 

Timetable: the Directive’s provisions shall be implemented by 01/01/2012 as indicated in the 
Protocol concerning the Accession of Ukraine to the Energy Community Treaty. 

Regulation  (EC)  1228/2003  on  conditions  for  access  to  the  network  for  cross-border 
exchanges in electricity, as amended by the Commission Decision 2006/770/EC 

Timetable:  the  Regulation’s  provisions  shall  be  implemented  by  01/01/2012  as  indicated  in 
the Protocol concerning the Accession of Ukraine to the Energy Community Treaty. 

Directive  2005/89/EC  concerning  measures  to  safeguard  security  of  electricity  supply  and 
infrastructure investment 

Timetable: the Directive’s provisions shall be implemented by 01/01/2012 as indicated in the 
Protocol concerning the Accession of Ukraine to the Energy Community Treaty. 

Gas 

Directive 2003/55/EC concerning common rules for the internal market in gas 

Timetable: the Directive’s provisions shall be implemented by 01/01/2012 as indicated in the 
Protocol concerning the Accession of Ukraine to the Energy Community Treaty. 

Regulation (EC) n° 1775/2005 on conditions of access to the natural gas network 

Timetable:  the  Regulation’s  provisions  shall  be  implemented  by  01/01/2012  as  indicated  in 
the Protocol concerning the Accession of Ukraine to the Energy Community Treaty. 

Directive 2004/67/EC concerning measures to safeguard security of natural gas supply 

Timetable: the Directive’s provisions shall be implemented by 01/01/2012 as indicated in the 
Protocol concerning the Accession of Ukraine to the Energy Community Treaty. 

Oil 

Directive 2006/67/EC on maintaining minimum stocks of crude oil and/or petroleum products 

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Timetable: the Directive’s provisions shall be reflected in the Ukrainian legislation within 3 
years and implemented within 11 years after entry into force of this Agreement. 

Prospection and exploration of hydrocarbons 

Directive  94/22/EC  on  the  conditions  for  granting  and  using  authorisations  for  the 
prospection, exploration and production of hydrocarbons 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  3  years  after  entry  into 
force of this Agreement, taking into account Articles (12 and 13) of the Trade-related Energy 
provisions covered by Chapter 11 (Trade-related Energy) of Title IV (Trade and Trade-related 
Matters). 

Energy Efficiency 

Directive 2004/8/EC on the promotion of cogeneration 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  3  years  after  entry  into 
force of this Agreement. 

Directive 2002/91/EC on the energy performance of buildings  

Timetable: the Directive’s provisions shall be reflected in the Ukrainian legislation within 3 
years and implemented within 5 years after entry into force of this Agreement. 

Directive 2006/32/EC on energy end-use efficiency and energy services 

Timetable: The Directive’s provisions shall be reflected in the Ukrainian legislation within 5 
years and implemented within 8 years after entry into force of this Agreement. 

Directive 2005/32/EC on establishing a framework for the setting eco-design requirements for 
energy using products 

Implementing Directives/Regulations: 

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Commission Regulation (EC) No 278/2009 on eco-design requirements for no-load 
condition  electric  power  consumption  and  average  active  efficiency  of  external 
power supplies; 

Commission  Regulation  (EC)  No  245/2009  on  eco-design  requirements  for 
fluorescent lamps without integrated ballast, for high intensity discharge lamps, and 
for ballasts and luminaires able to operate such lamps; 

Commission  Regulation  (EC)  No  244/2009  on  eco-design  requirements  for  non-
directional household lamps; 

Commission  Regulation  (EC)  No  107/2009  on  eco-design  requirements  for  simple 
set-top boxes; 

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– 

– 

– 

– 

Commission Regulation (EC) No 1275/2008 on eco-design requirements for standby 
and off mode electric power consumption of electrical and electronic household and 
office equipment; 

Council  Directive  92/42/EEC  on  efficiency  requirements  for  new  hot-water  boilers 
fired with liquid or gaseous fuels;  

Directive  96/57/EC  on  energy  efficiency  requirements  for  household  electric 
refrigerators, freezers and combinations thereof; 

Directive 2000/55/EC on energy efficiency requirements for ballasts for fluorescent 
lighting. 

Timetable:  The  provisions  in  the  framework  Directive  as  well  as  in  the  relevant  existing 
implementing measures ("daughter directives or regulations") shall be implemented within 3 
years  after  entry  into  force  of  this  Agreement.  New  daughter  directives/regulations  shall  be 
implemented  in  accordance  with  timetables  established  in  these  directives/regulations  after 
changes to this Annex in line with the institutional provisions as set out in Title VII of this 
Agreement and as notified to the Ukrainian side. 

Directive  92/75/EEC  on  the  indication  by  labelling  and  standard  product  information  of  the 
consumption of energy and other resources by household appliances  

Implementing Directives/Regulations: 

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– 

– 

– 

– 

– 

– 

– 

Commission  Directive  2003/66/EC  on  energy  labelling  of  household  electric 
refrigerators, freezers and their combinations; 

Commission Directive 2002/40/EC on energy labelling of household electric ovens; 

Commission  Directive  2002/31/EC  on  energy 
conditioners; 

labelling  of  household  air-

Commission Directive 98/11/EC on energy labelling of household lamps; 

Commission  Directive  97/17/EC  on  energy  labelling  of  household  dishwashers  as 
amended  by  Commission  Directive  1999/9/EC  on  energy  labelling  of  household 
dishwashers; 

Commission Directive 96/60/EC on energy labelling of household combined washer-
driers; 

Commission  Directive  95/13/EC  on  energy  labelling  of  household  electric  tumble 
driers; 

Commission  Directive  95/12/EC  on  energy  labelling  of  household  washing 
machines. 

Timetable:  The  provisions  in  the  framework  Directive  as  well  as  in  the  relevant  existing 
implementing measures ("daughter directives or regulations") shall be implemented within 2 

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years  after  entry  into  force  of  this  Agreement.  New  daughter  directives/regulations  shall  be 
implemented  in  accordance  with  timetables  established  in  these  directives/regulations  after 
changes to this Annex in line with the institutional provisions as set out in Title VII of this 
Agreement and as notified to the Ukrainian side. 

Nuclear 

Directive 96/29/Euratom laying down basic safety standards for the protection of the health of 
workers and the general public against the dangers arising from ionizing radiation 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  2  years  after  entry  into 
force of this Agreement. 

Directive 2006/117/Euratom on the supervision and control of shipments of radioactive waste 
and spent fuel 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  2  years  after  entry  into 
force of this Agreement. 

Directive  2003/122/Euratom  on  the  control  of  high-activity  sealed  radioactive  sources  and 
orphan sources 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  2  years  after  entry  into 
force of this Agreement. 

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ANNEX XXVIII 

to CHAPTER 4: TAXATION 

of TITLE V: ECONOMIC AND SECTOR COOPERATION 

Ukraine undertakes to gradually approximate its legislation to the following EU legislation 
within the stipulated timeframes: 

Indirect taxation 

Council Directive 2006/112/EC of 28 November 2006 on the common system of value added 
tax 

Timetable:  the  Directive's  provisions,  with  the  exception  of  articles  5-8,  20,  33,  40-42,  79, 
100-101, 123-130, 140-142, 145, 146 (1(B), 147, 155, 164-166, 170-171, 175, 203, 205, 209, 
210, 212, 219, 238-240, 245, 254, 258, 274-280, 293-294, 370-395, 396-400, 402-410, 411-
413 (provisions applicable to EU Member States); articles 281-294, 295- 305, 306-325, 326-
332,  333-343,  348-349,  358-369  (on  special  tax  regimes),  shall  be  implemented  within  5 
years of the entry into force of this Agreement. 

Council Directive 2007/74/EC of 20 December 2007 on the exemption from value added tax 
and excise duty of goods imported by persons travelling from third countries 

- section 3 on quantitative limits 

Timetable: these provisions of the Directive shall be implemented within 3 years of the entry 
into force of this Agreement. 

Council  Directive  92/83/EEC  of  19  October  1992  on  the  harmonisation  of  the  structures  of 
excise duties on alcohol and alcoholic beverages  

Timetable:  the  Directive's  provisions  shall  be  implemented  within  5  years  of  the  entry  into 
force of this Agreement.  

Council Directive 2003/96/EC  of 27  October 2003  restructuring  the Community framework 
for the taxation of energy products and electricity 

Timetable: the Directive's provisions shall be implemented progressively, taking into account 
future needs of Ukraine in the field of environmental protection and energy efficiency, as they 
may result in particular from the post-2012 international climate change negotiations. 

Council  Directive  2008/118/EC  of  16  December  2008  concerning  the  general  arrangements 
for excise duty and repealing Directive 92/12/EEC 

- Article 1 

Timetable: these provisions of the Directive shall be implemented within 2 years of the entry 
into force of this Agreement.  

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Council  Directive  2011/64/EU  of  21  June  2011  on  the  structure  and  rates  of  excise  duty 
applied on manufactured tobacco (codification)  

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  2  years  of  the  entry  into 
force of this agreement with the exception of Art. 7.2, Art. 8, 9, 10, 11, 12 Art. 14.1, 14.2, 
14.4, Art 18 and Art 19 for which the timetable of implementation will be established by the 
Association Council. 

Upon  the  entry  into  force  of  this  Agreement,  the  Association  Council  shall  define  the 
timetable for implementation by Ukraine of the following directives: 

Thirteenth Council Directive 86/560/EEC of 17 November 1986 on the harmonisation of the 
laws of the Member States relating to turnover taxes - arrangements for the refund of value 
added tax to taxable persons not established in Community territory 

Council  Directive  92/83/EEC  of  19  October  1992  on  the  harmonisation  of  the  structures  of 
excise duties on alcohol and alcoholic beverages in respect of intermediate product category 
as defined in the directive 

Art. 7.2, Art. 8, 9, 10, 11, 12, Art. 14.1, 14.2, 14.4, Art 18 and Art 19 of Council Directive 
2011/64/EU  of  21  June  2011  on  the  structure  and  rates  of  excise  duty  applied  on 
manufactured tobacco (codification) 

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ANNEX XXIX 

to CHAPTER 5: STATISTICS  

of TITLE V: ECONOMIC AND SECTOR COOPERATION 

The  acquis  in  statistics  as  mentioned  in  Article  355  of  Chapter  5  (Statistics),  Title  V 
(Economic  and  Sector  Cooperation)  is  set  out  in  the  annually  updated  Statistical 
Requirements Compendium, which is considered by the Parties as annexed to this Agreement. 

The latest available version of the Statistical Requirements Compendium can be found on the 
website of the Statistical Office of the European Union (Eurostat) in an electronic form 

http://epp.eurostat.ec.europa.eu 

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ANNEX XXX 

to CHAPTER 6: ENVIRONMENT 

of TITLE V: ECONOMIC AND SECTOR COOPERATION 

Ukraine undertakes to gradually approximate its legislation to the following EU legislation 
within the stipulated timeframes: 

Environmental governance and integration of environment into other policy areas 

Directive 2011/92/EU on the assessment of the effects of certain public and private projects 
on the environment (codification) 

For  projects  falling  under  the  Treaty  establishing  the  Energy  Community  all  the  Directive's 
provisions  shall  be  implemented  by  01/01/2013  as  indicated  in  the  Protocol  concerning  the 
Accession  of  Ukraine  to  this  Treaty.  For  other  projects  the  following  provisions  shall  be 
applicable: 

– 

adoption of national legislation and designation of competent authority/ies 

Timetable: these provisions of the Directive shall be implemented within 2 years of the entry 
into force of this Agreement. 

– 

establishment  of  requirements  that  Annex  I  projects  shall  be  made  subject  to 
environmental  impact  assessment  and  of  a  procedure  to  decide  which  Annex  II 
projects require EIA (art. 4) 

Timetable: these provisions of the Directive shall be implemented within 3 years of the entry 
into force of this Agreement. 

– 

determination of the scope of the information to be provided by the developer (art. 5) 

Timetable: these provisions of the Directive shall be implemented within 3 years of the entry 
into force of this Agreement. 

– 

establishment  of  a  procedure  for  consultation  with  environmental  authorities  and  a 
public consultation procedure (art. 6) 

Timetable: these provisions of the Directive shall be implemented within 2 years of the entry 
into force of this Agreement. 

– 

establishment  of  arrangements  with  neighbouring  countries  for  exchange  of 
information and consultation (art. 7) 

Timetable: these provisions of the Directive shall be implemented within 3 years of the entry 
into force of this Agreement. 

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establishment  of  measures  for  notifying  the  public  of  the  outcome  of  decisions  on 
applications for development consent (art. 9) 

Timetable: these provisions of the Directive shall be implemented within 2 years of the entry 
into force of this Agreement. 

Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the 
environment 

– 

– 

– 

– 

adoption of national legislation and designation of competent authority/ies 

establishment of a procedure to decide which plans or programmes require strategic 
environmental assessment and of requirements that plans or programmes for which 
strategic  environmental  assessment  is  mandatory  are  subject  to  such  an  assessment 
(art. 3) 

establishment  of  a  procedure  for  consultation  with  environmental  authorities  and  a 
public consultation procedure (art. 6) 

establishment  of  arrangements  with  neighbouring  countries  for  exchange  of 
information and consultation (art. 7) 

Timetable: these provisions of the Directive shall be implemented within 3 years of the 
entry into force of this Agreement. 

Directive  2003/4/EC  on  public  access  to  environmental  information  and  repealing  Directive 
90/313/EEC 

– 

– 

– 

– 

– 

adoption of national legislation and designation of competent authority/ies 

setting up of practical arrangements under which environmental information is made 
available to the public and the applicable exceptions (art. 3 and 4) 

ensuring  that  public  authorities  make  environmental  information  available  to  the 
public (art. 3.1) 

establishment  of  procedures  to  review  decisions  not  to  supply  environmental 
information or to supply only partial information (art. 6) 

establishment of a system for disseminating environmental information to the public 
(art. 7) 

Timetable: these provisions of the Directive shall be implemented within 2 years of the 
entry into force of this Agreement. 

Directive  2003/35/EC  providing  for  public  participation  in  respect  of  the  drawing  up  of 
certain plans and programmes relating to the environment and amending with regard to public 
participation and access to justice Directives 85/337/EEC and 96/61/EC 

– 

adoption of national legislation and designation of competent authority/ies 

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– 

– 

– 

establishment  of  a  mechanism  for  providing  the  public  with  information  (art.  2.2a 
and 2.2d) 

establishment of a mechanism for public consultation (art. 2.2b and 2.3) 

establishment  of  a  mechanism  for  public  comments  and  opinions  to  be  taken  into 
account in the decision-making process (art. 2.2c) 

Timetable: these provisions of the Directive shall be implemented within 2 years of the 
entry into force of this Agreement. 

Air Quality  

Directive 2008/50/EC on ambient air quality and cleaner air for Europe 

– 

adoption of national legislation and designation of competent authority/ies 

Timetable: these provisions of the Directive shall be implemented within 3 years of the 
entry into force of this Agreement. 

– 

establishment  of  upper  and  lower  assessment  thresholds  (art.5),  target  and  limit 
values (art. 13,14,16.2,17.1), and the PM 2.5 exposure reduction target (art. 15.1) 

Timetable:  these  provisions  of  the  Directive  shall  be  implemented  for  sulphur  dioxide, 
nitrogen dioxide and oxides of nitrogen, lead, benzene, carbon monoxide, ozone, PM 10 
and  PM  2.5  within  3  years  of  the  entry  into  force  of  this  agreement  on  the  basis  of  an 
existing  situation  in  Ukraine.  Upon  the  entry  into  force  of  this  Agreement,  the 
Association  Council  shall  define  the  timetable  for  implementation  by  Ukraine  of  these 
provisions to fully comply with the requirements of the Directive. 

– 

establishment and classification of zones and agglomerations (art. 4 and 5) 

Timetable: these provisions of the Directive shall be implemented within 4 years of the 
entry into force of this Agreement. 

– 

– 

establishment  of  a  system  for  assessing  ambient  air  quality  in  relation  to  air 
pollutants (art. 5, 6 and 9) 

establishment  of  air  quality  plans  for  zones  and  agglomerations  where  levels  of 
pollutants exceed limit value/target value (art. 23) 

Timetable:  these  provisions  of  the  Directive  shall  be  implemented  for  sulphur  dioxide, 
nitrogen dioxide and oxides of nitrogen, lead, benzene, carbon monoxide, ozone, PM 10 
and  PM  2.5  within  5  years  of  the  entry  into  force  of  this  agreement  on  the  basis  of  an 
existing  situation  in  Ukraine.  Upon  the  entry  into  force  of  this  Agreement,  the 
Association  Council  shall  define  the  timetable  for  implementation  by  Ukraine  of  these 
provisions to fully comply with the requirements of the Directive. 

– 

establishment of short-term action plans for zones and agglomerations in which there 
is a risk that alert thresholds will be exceeded (art. 24) 

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Timetable: these provisions of the Directive shall be implemented within 5 years of the 
entry into force of this Agreement. 

– 

establishment of a system to provide information to the public (art. 26) 

Timetable: these provisions of the Directive shall be implemented within 4 years of the 
entry into force of this Agreement. 

Directive 2004/107/EC relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic 
hydrocarbons in ambient air  

– 

adoption of national legislation and designation of competent authority/ies 

Timetable: these provisions of the Directive shall be implemented within 3 years of the 
entry into force of this Agreement. 

– 

establishment  of  upper  and  lower  assessment thresholds (art. 4.6)  and target  values 
(art. 3) 

Timetable:  these  provisions  of  the  Directive  shall  be  implemented  for  arsenic,  nickel, 
cadmium and benzo(a)pyrene within 3 years of the entry into force of this agreement on 
the basis of an existing situation in Ukraine. Upon the entry into force of this Agreement, 
the  Association  Council  shall  define  the  timetable  for  implementation  by  Ukraine  of 
these provisions to fully comply with the requirements of the Directive. 

– 

establishment and classification of zones and agglomerations (art. 3 and 4.6)  

Timetable:  these  provisions  of  the  Directive  shall  be  implemented  within  4  years  of  the 
entry into force of this Agreement. 

– 

– 

establishment  of  a  system  for  assessing  ambient  air  quality  in  relation  to  air 
pollutants (art. 4) 

taking  measures  in  order  to  maintain/improve  air  quality  in  respect  of  the  relevant 
pollutants (art. 3) 

Timetable:  these  provisions  of  the  Directive  shall  be  implemented  within  5  years  of  the 
entry into force of this agreement on the basis of an existing situation in Ukraine. Upon the 
entry  into  force  of  this  Agreement,  the  Association  Council  shall  define  the  timetable  for 
implementation by Ukraine of these provisions to fully comply with the requirements of the 
Directive. 

Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Directive 
93/12/EEC  as  amended  by  Directives  2000/71/EC,  2003/17/EC  and  2009/30/EC  and 
Regulation (EC) 1882/2003 

– 

– 

EN 

adoption of national legislation and designation of competent authority/ies 

carrying out an assessment of national fuel consumption 

18 

   EN 

 
– 

– 

– 

– 

establishment of a system for monitoring fuel quality (art. 8) 

prohibition of marketing of leaded petrol (art. 3.1) 

permitting  the  marketing  of  unleaded  petrol,  diesel  fuel  and  gas  oils  intended  for 
non-road mobile machinery and agricultural and forestry tractors only if these meet 
relevant requirements (art. 3 and 4) 

establishment  of  a  regulatory  system  to  cover  exceptional  circumstances  and  of  a 
system to collect national fuel quality data (art. 7 and 8) 

Timetable: these provisions of the Directive shall be implemented within 3 years of the 
entry into force of this Agreement. 

Directive  1999/32/EC  on  reduction  of  sulphur  content  of  certain  liquid  fuels  and  amending 
Directive 93/12/EC as amended by Regulation (EC) 1882/2003 and Directive 2005/33/EC 

For  fuels  used  for  purposes  under  the  Treaty  establishing  the  Energy  Community  all  the 
Directive's  provisions  shall  be  implemented  by  01/01/2012  as  indicated  in  the  Protocol 
concerning  the  Accession  of  Ukraine  to  this  Treaty.  For  fuels  used  for  other  purposes  the 
following provisions shall be implemented: 

– 

adoption of national legislation and designation of competent authority/ies  

– 

– 

Timetable: these provisions of the Directive shall be implemented within 2 years of 
the entry into force of this Agreement. 

establishment of an effective sampling system and appropriate analytical methods of 
analysis (art. 6) 

Timetable: these provisions of the Directive shall be implemented within 2 years of 
the entry into force of this Agreement. 

prohibition  of  use  of  heavy  fuel  oil  and  gas  oil  with  a  sulphur  content  greater  than 
established limit values (art. 3.1 and 4.1) 

Timetable: these provisions of the Directive shall be implemented within 6 years of 
the entry into force of this Agreement. 

– 

application of limit values for the sulphur content of marine fuels (art. 4a and 4b) 

Timetable: these provisions of the Directive shall be implemented within 6 years of 
the entry into force of this Agreement. 

Directive  94/63/EC  on  the  control  of  volatile  organic  compound  (VOC)  emissions  resulting 
from the storage of petrol and its distribution from terminals to service stations as amended by 
Regulation (EC) 1882/2003 

– 

adoption of national legislation and designation of competent authority/ies 

EN 

19 

   EN 

 
Timetable: these provisions of the Directive shall be implemented within 2 years of 
the entry into force of this Agreement. 

– 

identifying all terminals for storing and loading petrol (art. 2)  

Timetable: these provisions of the Directive shall be implemented within 2 years of 
the entry into force of this Agreement. 

– 

– 

establishment of technical measures to reduce loss of petrol from storage installations 
at  terminals  and  service  stations  and  during  loading/unloading  mobile  containers  at 
terminals (art. 3, 4 and 6 and Annex III) 

Timetable: these provisions of the Directive shall be implemented within 9 years of 
the entry into force of this agreement 

requiring  all  road  tanker  loading  gantries  and  mobile  containers  to  meet  the 
requirements (art. 4 and 5) 

Timetable: these provisions of the Directive shall be implemented within 9 years of 
the entry into force of this Agreement. 

Directive 2004/42/EC on the limitation of emissions of volatile organic compounds due to the 
use  of  organic  solvents  in  certain  paints  and  varnishes  and  vehicle  refinishing  products  and 
amending Directive 1999/13/EC 

– 

– 

– 

adoption of national legislation and designation of competent authority/ies 

setting  up  maximum  VOC  content  limit  values  for  paints  and  varnishes  (art.  3  and 
Annex II) 

establishment  of  requirements  ensuring  labelling  of  products  placed  on  the  market 
and placing on the market of products complying with relevant requirements (art. 3 
and 4) 

Timetable: these provisions of the Directive shall be implemented within 5 years of the 
entry into force of this Agreement. 

Waste and Resource Management 

Directive 2008/98/EC on waste 

– 

adoption of national legislation and designation of competent authority/ies 

Timetable: these provisions of the Directive shall be implemented within 3 years of 
the entry into force of this Agreement. 

– 

preparation of waste management plans in line with the five-step waste hierarchy and 
of waste prevention programmes (Chapter V of Directive 2008/98/EC) 

EN 

20 

   EN 

 
 
– 

– 

– 

Timetable: these provisions of the Directive shall be implemented within 3 years of 
the entry into force of this Agreement. 

establishment of full cost recovery mechanism in accordance with the polluter pays 
principle and extended producer responsibility principle (art. 14) 

Timetable: these provisions of the Directive shall be implemented within 5 years of 
the entry into force of this Agreement. 

establishment  of  a  permitting  system  for  establishments/undertakings  carrying  out 
disposal  or  recovery  operations,  with  specific  obligations  for  the  management  of 
hazardous wastes (Chapter IV of Directive 2008/98/EC) 

Timetable: these provisions of the Directive shall be implemented within 5 years of 
the entry into force of this Agreement. 

establishment  of  a  register  of  waste  collection  and  transport  establishments  and 
undertakings (Chapter IV of Directive 2008/98/EC) 

Timetable: these provisions of the Directive shall be implemented within 5 years of 
the entry into force of this Agreement. 

Directive 1999/31/EC on the landfill of waste as amended by Regulation (EC) 1882/2003 

– 

– 

– 

– 

– 

– 

– 

– 

adoption of national legislation and designation of competent authority/ies 

classification of landfill sites (art. 4) 

preparation  of  a  national  strategy  reducing  the  amount  of  biodegradable  municipal 
waste going to landfill (art. 5) 

establishment  of  an  application  and  permit  system  and  of  waste  acceptance 
procedures (art. 5-7, 11, 12 and 14) 

establishment  of  control  and  monitoring  procedures  in  the  operation  phase  of 
landfills and of closure and after-care procedures for landfills to be disaffected (art. 
12 and 13) 

establishment of conditioning plans for existing landfill sites (art. 14) 

establishment of a costing mechanism (art. 10) 

ensuring the relevant waste is subject to treatment before landfilling (art. 6) 

Timetable:  these  provisions  of  the  Directive  shall  be  implemented  for  existing 
installations  within  6  years  of  the  entry  into  force  of  this  Agreement.  For  any 
installations  put  into  operation  after  the  signature  of  this  agreement,  the  Directive’s 
provisions shall be implemented as of the date of the agreement’s entry into force. 

EN 

21 

   EN 

 
Directive 2006/21/EC on the management of waste from extractive industries and amending 
Directive 2004/35/EC 

– 

– 

– 

– 

– 

– 

adoption of national legislation and designation of competent authority/ies 

establishment of a system to ensure that operators draw up waste management plans 
(identification  and  classification  of  waste  facilities;  characterisation  of  the  waste) 
(art. 4 and 9) 

establishment of a permit system, of financial guarantees and of an inspection system 
(art. 7, 14 and 17) 

establishment of procedures for the management and monitoring of excavation voids 
(art. 10) 

establishment of closure and after-closure procedures for mining waste facilities (art. 
12) 

drawing up an inventory of closed mining waste facilities (art. 20) 

Timetable: these provisions of the Directive shall be implemented within 5 years of the 
entry into force of this Agreement. 

Water Quality and water resource management, including marine environment 

Directive  2000/60/EC  establishing  a  framework  for  Community  action  in  the  field  of  water 
policy as amended by Decision No 2455/2001/EC and Directive 2009/31/EC 

– 

adoption of national legislation and designation of competent authority/ies 

– 

– 

– 

Timetable: these provisions of the Directive shall be implemented within 3 years of the 
entry into force of this Agreement. 

establishment of legislative definition of the country’s territory hydrographic zoning 
unit 

Timetable: these provisions of the Directive shall be implemented within 3 years of the 
entry into force of this Agreement. 

development  of  appropriate  national  legislation  (Regulation  on  Basin  Directorate) 
making  the  “basin  Directorate”  responsible  for  functions  provided  by  art.  3  of 
Directive 2000/60/EC  

Timetable: these provisions of the Directive shall be implemented within 3 years of the 
entry into force of this Agreement. 

identification  of 
arrangements for international rivers, lakes and coastal waters (art. 3) 

river  basin  districts  and  establishment  of  administrative 

Timetable: these provisions of the Directive shall be implemented within 6 years of the 

EN 

22 

   EN 

 
entry into force of this Agreement. 

– 

analysis of the characteristics of river basin districts (art. 5) 

Timetable: these provisions of the Directive shall be implemented within 6 years of the 
entry into force of this Agreement. 

– 

establishment of programmes for monitoring water quality (art. 8) 

Timetable: these provisions of the Directive shall be implemented within 6 years of the 
entry into force of this Agreement. 

– 

preparation  of  river  basin  management  plans,  consultations  with  the  public  and 
publication of these plans (art. 13 and 14) 

Timetable: these provisions of the Directive shall be implemented within 10 years of the 
entry into force of this Agreement. 

Directive 2007/60/EC on the assessment and management of flood risks 

– 

adoption of national legislation and designation of competent authority/ies 

Timetable: these provisions of the Directive shall be implemented within 2 years of the 
entry into force of this Agreement. 

– 

undertaking preliminary flood assessment (art. 4 and 5) 

Timetable: these provisions of the Directive shall be implemented within 4 years of the 
entry into force of this Agreement. 

– 

preparation of flood hazards maps and flood risks maps (art. 6) 

Timetable: these provisions of the Directive shall be implemented within 6 years of the 
entry into force of this Agreement. 

– 

establishment of flood risk management plans (art. 7) 

Timetable: these provisions of the Directive shall be implemented within 8 years of the 
entry into force of this Agreement. 

Directive 2008/56/EC Directive establishing a framework for Community action in the field 
of marine environmental policy 

– 

adoption of national legislation and designation of competent authority/ies 

Timetable: these provisions of the Directive shall be implemented within 2 years of the 
entry into force of this Agreement. 

– 

development of a marine strategy in cooperation with EU MSs (art. 5 and 6) 

EN 

23 

   EN 

 
– 

– 

– 

initial assessment of marine waters, determination of good environmental status and 
establishment of environmental targets and indicators (art. 5 and 8 – 10) 

Timetable: these provisions of the Directive shall be implemented within 4 years of the 
entry into force of this Agreement. 

establishment  of  a  monitoring  programme  for  ongoing  assessment  and  regular 
updating of targets (art. 5 and 11) 

Timetable: these provisions of the Directive shall be implemented within 6 years of the 
entry into force of this Agreement. 

preparation of a programme of measures to achieve good environmental status (art. 5 
and 13) 

Timetable: these provisions of the Directive shall be implemented within 7 years of the 
entry into force of this Agreement. 

Directive 91/271/EEC on urban waste water treatment as amended by Directive 98/15/EC and 
Regulation (EC) 1882/2003 and Regulation (EC) No 1137/2008 

– 

adoption of national legislation and designation of competent authority/ies 

Timetable: these provisions of the Directive shall be implemented within 3 years of the 
entry into force of this agreement 

– 

assessment of the status of urban waste water collection and treatment 

Timetable: these provisions of the Directive shall be implemented within 5 years of the 
entry into force of this agreement 

– 

identification of sensitive areas and agglomerations (art. 5 and Annex II) 

Timetable: these provisions of the Directive shall be implemented within 6 years of the 
entry into force of this Agreement. 

– 

preparation  of  technical  and  investment  programme  for  the  implementation  of  the 
urban waste water treatment requirements (art. 17) 

Timetable: these provisions of the Directive shall be implemented within 8 years of the 
entry into force of this Agreement. 

Directive  98/83/EC  on  quality  of  water  intended  for  human  consumption  as  amended  by 
Regulation (EC) 1882/2003 and Regulation (EC) 596/2009 

– 

– 

– 

adoption of national legislation and designation of competent authority/ies 

establishment of standards for drinking water (art. 4 and 5) 

establishment of a monitoring system (art. 6 and 7) 

EN 

24 

   EN 

 
– 

establishment of a mechanism to provide information to consumers (art. 13) 

Timetable: these provisions of the Directive shall be implemented within 5 years of the 
entry into force of this Agreement. 

Directive 91/676/EC concerning the protection of waters against pollution caused by nitrates 
from agricultural sources as amended by Regulation (EC) 1882/2003  

– 

adoption of national legislation and designation of competent authority/ies  

Timetable: these provisions of the Directive shall be implemented within 3 years of the 
entry into force of this Agreement. 

– 

identification of nitrate vulnerable zones (art. 3)  

Timetable: these provisions of the Directive shall be implemented within 3 years of the 
entry into force of this Agreement. 

– 

establishment of action plans for nitrate vulnerable zones (art. 5)  

Timetable: these provisions of the Directive shall be implemented within 4 years of the 
entry into force of this Agreement. 

– 

establishment of programmes for monitoring (art. 6) 

Timetable: these provisions of the Directive shall be implemented within 4 years of the 
entry into force of this Agreement. 

Nature protection 

Directive 2009/147/EC on the conservation of wild birds 

– 

adoption of national legislation and designation of competent authority/ies 

Timetable: these provisions of the Directive shall be implemented within 2 years of the 
entry into force of this Agreement. 

– 

assessment  of  bird  species  requiring  special  conservation  measures  and  regularly 
occurring migratory species 

Timetable: these provisions of the Directive shall be implemented within 2 years of the 
entry into force of this Agreement. 

– 

identification and designation of special protection areas for bird species (art. 4.1) 

Timetable: these provisions of the Directive shall be implemented within 4 years of the 
entry into force of this Agreement. 

– 

establishment  of  special  conservation  measures  to  protect  regularly  occurring 
migratory species (art. 4.2)  

EN 

25 

   EN 

 
Timetable:  these  provisions  of  the  Directive  shall  be  implemented  by  01/01/2015  as 
indicated in the Protocol concerning the Accession of Ukraine to the Energy Community 
Treaty. 

– 

establishment of a general system of protection for all wild bird species of which the 
hunted species are a special subset and prohibition of certain types of capture/killing 
(art. 5, 6,7, 8, 9.1 and 9.2) 

Timetable: these provisions of the Directive shall be implemented within 4 years of the 
entry into force of this Agreement. 

Directive  92/43/EC  on  the  conservation  of  natural  habitats  and  of  wild  fauna  and  flora  as 
amended by Directive 97/62/EC, 2006/105/EC and Regulation (EC) 1882/2003 

– 

adoption of national legislation and designation of competent authority/ies 

Timetable: these provisions of the Directive shall be implemented within 2 years of the 
entry into force of this Agreement. 

– 

preparation of inventory of sites, designation of these sites and establishing priorities 
for  their  management  (including  completion  of  the  inventory  of  potential  Emerald 
sites and establishment of protection and management measures for these sites) (art. 
4) 

Timetable: these provisions of the Directive shall be implemented within 4 years of the 
entry into force of this Agreement. 

– 

establishment of measures required for the conservation of such sites (art. 6)  

– 

– 

– 

Timetable: these provisions of the Directive shall be implemented within 4 years of the 
entry into force of this Agreement. 

establishment of a system to monitor conservation status of habitats and species (art. 
11)  

Timetable: these provisions of the Directive shall be implemented within 2 years of the 
entry into force of this Agreement. 

establishment of a strict species protection regime for species listed in Annex IV as 
relevant for Ukraine (art. 12) 

Timetable: these provisions of the Directive shall be implemented within 2 years of the 
entry into force of this Agreement. 

establishment of a mechanism to promote education and general information to the 
public (art. 22)  

Timetable: these provisions of the Directive shall be implemented within 2 years of the 
entry into force of this Agreement. 

EN 

26 

   EN 

 
Industrial pollution and industrial hazards 

Directive  2010/75/EU  on  industrial  emission  (integrated  pollution  prevention  and  control) 
(recast) 

– 

adoption of national legislation and designation of competent authority/ies 

Timetable: these provisions of the Directive shall be implemented within 2 years of the entry 
into force of this Agreement. 

– 

identification of installations that require a permit (Annex I) 

Timetable: these provisions of the Directive shall be implemented within 5 years of the entry 
into force of this Agreement. 

– 

implementation of BAT taking into account the conclusions of the BREFs (art. 14(3-
6) and 15(2-4) 

Timetable: upon the entry into force of this Agreement, the Association Council shall define 
the timetable for implementation by Ukraine of these provisions for existing installations. 

– 

– 

– 

– 

establishment of an integrated permit system (art. 6 – 9 and 13) 

establishment of a compliance monitoring mechanism (art. 8,14 (1d) and 23(1)) 

establishment of emission limit values for combustion plants (art. 30 and Annex V) 

preparation  of  programmes  to  reduce  total  annual  emissions  from  existing  plants 
(optional to setting emission limit values for existing plants) (art. 32)  

Timetable:  as  an  immediate  priority,  the  Association  Council  shall  define  the  timetable  for 
implementation by Ukraine of these provisions for new installations. The Association Council 
shall also define the timetable for implementation by Ukraine of these provisions for existing 
installations.  The  timetable  shall  be  without  prejudice  to  deadlines  defined  in  the  Protocol 
concerning the Accession of Ukraine to the Energy Community Treaty for combustion plants 
falling under the scope of the Energy Community. Existing installations are installations that 
are  granted  a  permit  within  5  years  of  the  entry  into  force  of  this  agreement,  provided  that 
such  plants  are  put  into  operation  no  later  than  6  years  after  the  entry  into  force  of  this 
Agreement. 

Directive 96/82/EC on the control of major accident hazards involving dangerous substances 
as amended by Directive 2003/105/EC and Regulation (EC) 1882/2003 

– 

– 

– 

adoption of national legislation and designation of competent authority/ies 

establishment of effective coordination mechanisms between relevant authorities 

establishment  of  systems  for  recording  information  about  relevant  installations  and 
for reporting on major accidents (art. 13 and 14) 

EN 

27 

   EN 

 
Timetable: these provisions of the Directive shall be implemented within 5 years of the 
entry into force of this Agreement. 

Climate change and protection of the ozone layer 

Directive 2003/87/EC  establishing  a  scheme  for greenhouse gas  emission allowance trading 
within  the  Community  and  amending  Directive  96/61/EC  as  amended  by  Directive 
2004/101/EC 

– 

– 

– 

– 

– 

adoption of national legislation and designation of competent authority/ies 

establishment  of  a  system  for  identifying  relevant  installations  and  for  identifying 
greenhouse gases (Annexes I and II) 

development  of  a  national  allocation  plan  to  distribute  allowances  to  installations 
(art. 9) 

establishment of a system for issuing greenhouse gas emissions permits and issuance 
of allowances to be traded domestically among installations in Ukraine (art. 4 and 11 
- 13) 

establishment  of  monitoring,  reporting,  verification  and  enforcement  systems  and 
public consultations procedures (art. 9, 14 – 17, 19 and 21) 

Timetable: these provisions of the Directive shall be implemented within 2 years of the 
entry into force of this Agreement. 

Regulation (EC) 842/2006 on certain fluorinated greenhouse gases 

– 

– 

– 

– 

adoption of national legislation and designation of competent authority/ies 

establishment/adaptation  of  national  training  and  certification  requirements  for 
relevant personnel and companies (art. 5) 

establishment  of  reporting  systems  for  acquiring  emission  data  from  the  relevant 
sectors (art. 6) 

establishment of an enforcement system (art. 13) 

Timetable: these provisions of the Regulation shall be implemented within 2 years of the 
entry into force of this Agreement. 

Regulation  (EC)  2037/2000  on  substances  that  deplete  the  ozone  layer  as  amended  by 
Regulations  (EC)  2038/2000,  (EC)  2039/2000,  (EC)  1804/2003,  (EC)  2077/2004,  (EC) 
29/2006,  (EC)  1366/2006,  (EC)  1784/2006,  (EC)  1791/2006  and  (EC)  2007/899  and 
Decisions 2003/160/EC, 2004/232/EC and 2007/54/EC 

– 

adoption of national legislation and designation of competent authority/ies 

EN 

28 

   EN 

 
 
– 

– 

– 

– 

– 

establishment  of  bans  for  controlled  substances  including  ending  the  use  of  virgin 
hydrochlorofluorocarbons by 2010 and of all hydrochlorofluorocarbons by 2020 (art. 
4 and 5) 

establishment of a quantitative limit for the use of methyl bromide for quarantine and 
pre-shipment applications at the level of the average use in the years 1996, 1997 and 
1998 (art. 4) 

phasing out of the placing on the market of virgin hydrochlorofluorcarbons by 2015 
(art. 4) 

establishment of obligations to recover, recycle, reclaim and destruct used controlled 
substances (Art. 16)  

establishment  of  procedures  for  monitoring  and  inspecting  leakages  of  controlled 
substances (Art. 17) 

Timetable: these provisions of the Regulation shall be implemented within 2 years of the 
entry into force of this Agreement. 

Genetically modified organisms 

Relevant  EU  acquis  concerning  genetically  modified  organisms  (GMOs)  is  also  covered  in 
Chapter  4  (Sanitary  and  Phytosanitary  Measures)  of  Title  IV  (Trade  and  Trade-related 
Matters). 

Directive 2001/18/EC of the European  Parliament and  of the  Council  of 12 March 2001 on 
the  deliberate  release  into  the  environment  of  genetically  modified  organisms  and  repealing 
Council  Directive  90/220/EEC  as  amended  by  Decisions  2002/623/EC  and  2002/811/EC, 
Regulations (EC) 1829/2003 and (EC) 1830/2003 and Directive 2008/27/EC 

– 

– 

– 

– 

– 

– 

– 

adoption of national legislation and designation of competent authority/ies 

phasing out antibiotic resistance markers in GMOs placed on the market according to 
Part C and in GMOs authorised under Part B (art. 4.2) 

establishment  of  an  effective  inspection  and  control  system  to  ensure  compliance 
with the Directive provisions and in particular regarding non-authorised GMOs (art. 
4(5)) 

establishment of prior notification procedures for Part B releases (art. 6) and for Part 
C releases (art. 13) 

establishment of risk assessment procedures for Part B (Art. 6-11) and Part C (Art. 
13-24) releases 

establishment of a public register of locations of Part B releases (art. 31.3(a)) 

establishment of a register of locations of GMOs grown under Part C (art. 31.3(b)) 

EN 

29 

   EN 

 
– 

– 

– 

– 

establishment  of  procedures  for  consultation  of  the  public  and,  where  appropriate, 
groups (art. 9) 

establishment of a procedure requiring notifiers to send results of the release to the 
competent authority/ies (art. 10) 

ensuring  that  products  placed  on  the  market  comply  with  specified  labelling  and 
packaging requirements (art. 21)  

ensuring confidentiality of information and intellectual property rights (art. 25) 

Timetable: these provisions of the Directive shall be implemented within 2 years of the entry 
into force of this Agreement. 

Regulation  (EC)  No  1946/2003  of  the  European  Parliament  and  of  the  Council  of  15  July 
2003 on transboundary movements of genetically modified organisms  

– 

– 

– 

– 

– 

adoption of national legislation and designation of competent authority/ies 

establishment  of  procedures  for  GMOs  intended  for  deliberate  release  into  the 
environment (art. 4 – 8) 

establishment of procedures for GMOs intended for direct use as food or feed, or for 
processing (art. 9 and 10) and for GMOs intended for contained use (art. 11) 

establishment of procedures for identification and accompanying documentation (art. 
12) and for notification of transit of GMOs (art. 13) 

establishment of a system for ensuring confidentiality (art. 16) 

Timetable:  these  provisions  of  the  Regulation  shall  be  implemented  within  2  years  of  the 
entry into force of this agreement 

Directive 2009/41/EC of the European Parliament and of the Council of 6 May 2009 on the 
contained use of genetically modified micro-organisms 

– 

– 

– 

– 

– 

– 

adoption of national legislation and designation of competent authority/ies 

classification of GMMs and ensuring users carry out risk assessments (art. 4) 

application  of  the  general  principles  and  the  appropriate  containment  and  other 
protective measures set out in Annex IV (art. 5) 

establishment of notification procedures (art. 6-9) 

establishment of criteria for emergency plans (art. 13-15) 

establishment of a system for ensuring confidentiality (art. 18) 

EN 

30 

   EN 

 
Timetable: these provisions of the Directive shall be implemented within 3 years of the entry 
into force of this Agreement. 

EN 

31 

   EN 

 
ANNEX XXXI 

to CHAPTER 6: ENVIRONMENT 

of TITLE V: ECONOMIC AND SECTOR COOPERATION 

Implementation  by  Ukraine  of  the  Kyoto  Protocol,  including  all  eligibility  criteria  for  fully 
using the Kyoto mechanisms 

Development of an action plan for long-term (i.e., post-2012) mitigation of and adaptation to 
climate change 

Development and implementation of long-term measures to reduce emissions of greenhouse 
gases 

EN 

32 

   EN 

 
ANNEX XXXII 

to CHAPTER 7: TRANSPORT 

of TITLE V: ECONOMIC AND SECTOR COOPERATION 

Ukraine undertakes to gradually approximate its legislation to the following EU legislation 
within the stipulated timeframes: 

(1) Road Transport 

Technical conditions  

Council  Directive  92/6/EEC  of  10  February  1992  on  the  installation  and  use  of  speed 
limitation devices for certain categories of motor vehicles in the Community 

Timetable:  the  Directive's  provisions  shall  be  implemented  for  all  vehicles  engaged  in 
international  goods  transport  within  1  year  and  for  all  vehicles  engaged  in  international 
passenger  transport  within  3  years  of  the  entry  into  force  of  this  Agreement,  and  for  all 
vehicles, first registered after 1 January 2008, engaged in national transport within 4 years of 
the entry into force of this Agreement. 

Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating 
within  the  Community  the  maximum  authorized  dimensions  in  national  and  international 
traffic and the maximum authorized weights in international traffic  

Timetable:  the  Directive's  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force for vehicles registered in the EU during their movement only in international network 
roads  “E”  according  to  Annex  I  of  the  European  Agreement  on  Main  International  Traffic 
Arteries (AGR), of 15 November 1975, of this Agreement. The Association Council will take 
a  decision  on  the  extension  of  the  application  of  the  Directive’s  provisions  to  the  whole 
network and all vehicles within 3 years of the entry into force of this Agreement. 

Directive  2009/40/EC  of  the  European  Parliament  and  of  the  Council  of  6  May  2009  on 
roadworthiness tests for motor vehicles and their trailers 

Timetable:  the  Directive's  provisions  shall  be  implemented  for  all  vehicles  engaged  in 
international  goods  transport  within  1  year  and  for  all  vehicles  engaged  in  international 
passenger  transport  within  3  years  of  the  entry  into  force  of  this  Agreement  and  all  other 
vehicles within 5 years of the entry into force of this Agreement. 

Safety conditions 

Council Directive 91/439/EEC of 29 July 1991 on driving licences  

– 

Introduction of the driving licence categories (art. 3)  

Timetable:  these  provisions  of  the  Directive  shall  be  implemented  within  3  years  of  the 

EN 

33 

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entry into force of this Agreement. 

– 

Conditions for issuing the driving licence (art. 4, 5, 6 and 7)  

Timetable:  these  provisions  of  the  Directive  shall  be  implemented  within  3  years  of  the 
entry into force of this Agreement. 

– 

Requirements for driving tests (Annexes II and III)  

Timetable:  these  provisions  of  the  Directive  shall  be  implemented  within  3  years  of  the 
entry into force of this Agreement. 

Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 
on the inland transport of dangerous goods  

Timetable:  the  Directive's  provisions  shall  be  implemented  for  all  transport  of  dangerous 
goods in international road traffic within 1 year of the entry into force of this Agreement, in 
national road traffic within 3 years of the entry into force of this Agreement. 

Social conditions 

Regulation  (EC)  No  561/2006  of  the  European  Parliament  and  of  the  Council  of  15  March 
2006  on  the  harmonisation  of  certain  social  legislation  relating  to  road  transport  and 
amending  Council  Regulations  (EEC)  No  3821/85  and  (EC)  No  2135/98  and  repealing 
Council Regulation (EEC) No 3820/85  

Timetable:  the  Regulation's  provisions  shall  be  implemented  in  national  transport  within  5 
years of the entry into force of this Agreement. 

Council  Regulation  (EEC)  3821/85  of  20  December  1985  on  recording  equipment  in  road 
transport 

Timetable:  the  Regulation's  provisions  shall  be  implemented  in  national  transport  within  5 
years of the entry into force of this Agreement. 

Directive 2006/22/EC of the European  Parliament and  of the  Council  of 15 March 2006 on 
minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and 
(EEC)  No  3821/85  concerning  social  legislation  relating  to  road  transport  activities  and 
repealing Council Directive 88/599/EEC  

Timetable: the Directive's provisions shall be implemented in national transport within 5 years 
of the entry into force of this Agreement.  

Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 
2009 establishing common rules concerning the conditions to be complied with to pursue the 
occupation of road transport operator and repealing Council Directive 96/26/EC 

– 

Articles 3, 4, 5, 6, 7 (without monetary value of the financial standing), 8, 10, 11, 12, 
13, 14, 15 and Annex I  

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Timetable:  these  provisions  of  the  Regulation  shall  be  implemented  for  all  transport 
undertakings  engaged  in  international  traffic  within  3  years,  all  other  within  7  years  of  the 
entry into force of this Agreement. 

Directive 2002/15/EC of the European  Parliament and  of the  Council  of 11 March 2002 on 
the organisation of the working time of persons performing mobile road transport activities 

Timetable:  the  Directive's  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement in international transport and 5 years of the entry into force of this 
Agreement in national transport. 

Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the 
initial qualification and periodic training of drivers of certain road vehicles for the carriage of 
goods  or  passengers,  amending  Council  Regulation  (EEC)  3820/85  and  Council  Directive 
91/439/EEC and repealing Council Directive 76/914/EEC 

Timetable:  the  Directive's  provisions  shall  be  implemented  for  drivers  engaged  in 
international transport operations within 3 years of the entry into force of this Agreement, for 
drivers engaged in national transport operations within 5 years of the entry into force of this 
Agreement. 

Fiscal conditions 

Directive  99/62/EC  on  the  charging  of  heavy  goods  vehicles  for  the  use  of  certain 
infrastructures  

Timetable: the Directive's provisions shall be implemented once Ukraine decides to introduce 
tolls or charges for the use of its infrastructure. 

(2) Railway transport 

Market and infrastructure access 

Council  Directive  91/440/EEC  of  29  July  1991  on  the  development  of  the  Community's 
railways 

– 

Introduction  of  management  independence  and  improvement  of  the  financial 
situation (art. 2, 3, 4, 5 and 9)  

Timetable:  the  provisions  of  the  Directive  shall  be  implemented  within  8  years  of  the  entry 
into force of this Agreement. 

– 

Separation between infrastructure management and transport operations (art. 6, 7 and 
8)  

Timetable:  the  provisions  of  the  Directive  shall  be  implemented  within  8  years  of  the  entry 
into force of this Agreement. 

Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings 

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– 

Introduction of licenses under the conditions listed in Articles 1, 2, 3, 4 (except for 
Article 4.5.), 5, 6, 7, 8, 9, 10, 11, 12, 13 and 15 

Timetable:  the  provisions  of  the  Directive  shall  be  implemented  within  8  years  of  the  entry 
into force of this Agreement. 

Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on 
the  allocation  of  railway  infrastructure  capacity  and  the  levying  of  charges  for  the  use  of 
railway infrastructure and safety certification 

Timetable:  the  Directive's  provisions  shall  be  implemented  within  8  years  of  the  entry  into 
force of this Agreement. 

Regulation  (EU)  913/2010  of  the  European  Parliament  and  of  the  Council  of  22  September 
2010 concerning a European rail network for competitive freight  

Timetable: the Regulation's provisions shall be implemented within 8 years of the entry into 
force of this Agreement. 

Technical and safety conditions 

Directive  2004/49/EC  of  the  European  Parliament  and  of  the  Council  of  29  April  2004  on 
safety  on  the  Community's  railways  and  amending  Council  Directive  95/18/EC  on  the 
licensing  of  railway  undertakings  and  Directive  2001/14/EC  on  the  allocation  of  railway 
infrastructure  capacity  and  the  levying  of  charges  for  the  use  of  railway  infrastructure  and 
safety certification (Railway Safety Directive)  

Timetable:  the  Directive's  provisions  shall  be  implemented  within  8  years  of  the  entry  into 
force of this Agreement. 

Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on 
the certification of train drivers operating locomotives and trains on the railway system in the 
Community 

Timetable:  the  Directive's  provisions  shall  be  implemented  within  8  years  of  the  entry  into 
force  of  this  Agreement,  paying  particular  attention  to  article  9.2  of  this  Directive  allowing 
Ukraine to apply more stringent requirements than currently in force in Ukrainian legislation.  

Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 
on the inland transport of dangerous goods  

Timetable:  the  Directive's  provisions  shall  be  implemented  for  all  transport  of  dangerous 
goods in international rail traffic upon entry into force of this Agreement, in national traffic 
within 8 years of the entry into force of this Agreement. 

Standardisation of accounts and statistics 

Regulation  (EEC)  1192/69  of  the  Council  of  26  June  1969  on  common  rules  for  the 
normalisation of the accounts of railway undertakings 

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36 

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Timetable: the Regulation's provisions shall be implemented within 8 years of the entry into 
force of this Agreement. 

Interoperability 

Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the 
interoperability of the rail system within the Community (Recast)  

Timetable:  the  Directive's  provisions  shall  be  implemented  within  8  years  of  the  entry  into 
force of this Agreement. 

Combined transport 

Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for 
certain types of combined transport of goods between Member States 

Timetable:  the  Directive's  provisions  shall  be  implemented  within  8  years  of  the  entry  into 
force of this Agreement. 

Other aspects 

Regulation  (EC)  1370/2007  of  the  European  Parliament  and  of  the  Council  of  23  October 
2007  on  public  passenger  transport  services  by  rail  and  by  road  and  repealing  Council 
Regulations (EEC) 1191/69 and 1107/70 

Timetable: the Regulation's provisions shall be implemented within 8 years of the entry into 
force of this Agreement except Article 7.2 

Regulation  (EC)  1371/2007  of  the  European  Parliament  and  of  the  Council  of  23  October 
2007 on rail passengers' rights and obligations 

Timetable: the Regulation’s provisions shall be implemented within 8 years of the entry into 
force of this Agreement and for Articles 13, 16 and 17 the Association Council will decide on 
the dead-line for implementation. 

(3) Air transport 

– 

– 

Conclude and implement a comprehensive Common Aviation Area Agreement. 

Without  prejudice  to  the  conclusion  of  the  Common  Aviation  Area  Agreement, 
ensure  implementation  and  coordinated  development  of  bilateral  air  services 
agreements between Ukraine and EU-Member States, as amended by the "horizontal 
agreement". 

(4) Maritime transport 

Maritime safety - Flag state / classification societies 

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Directive  2009/15/EC  of  the  European  Parliament  and  of  the  Council  of  23  April  2009  on 
common rules and standards for ship inspection and survey organisations and for the relevant 
activities of maritime administrations  

Timetable:  the  Directive's  provisions  shall  be  implemented  within  5  years  of  the  entry  into 
force of this Agreement. 

Regulation  (EC)  No  391/2009  of  the  European  Parliament  and  of  the  Council  of  23  April 
2009 on common rules and standards for ship inspection and survey organisations  

Timetable: the Regulation's provisions shall be implemented within 5 years of the entry into 
force of this Agreement. 

Directive  2009/21/EC  of  the  European  Parliament  and  of  the  Council  of  23  April  2009  on 
compliance with flag State requirements 

Timetable:  the  Directive's  provisions  shall  be  implemented  within  5  years  of  the  entry  into 
force of this Agreement. 

Port State  

Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port 
State control 

Timetable:  the  Directive's  provisions  shall  be  implemented  within  5  years  of  the  entry  into 
force of this Agreement. 

Liability of carriers of passengers 

Regulation (EC) No 336/2006 of the European Parliament and of the Council of 15 February 
2006  on  the  implementation  of  the  International  Safety  Management  Code  within  the 
Community and repealing Council Regulation (EC) No 3051/95 

Timetable: the Regulation's provisions shall be implemented within 3 years of the entry into 
force of this Agreement. 

Regulation  (EC)  No  392/2009  of  the  European  Parliament  and  of  the  Council  of  23  April 
2009 on the liability of carriers of passengers by sea in the event of accidents. 

Timetable: the Regulation’s provisions shall be implemented within 3 years of the entry into 
force of this Agreement 

Traffic monitoring 

Directive  2002/59/EC  of  the  European  Parliament  and  of  the  Council  of  27 June  2002 
establishing  a  Community  vessel  traffic  monitoring  and  information  system  and  repealing 
Council Directive 93/75/EEC  

EN 

38 

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Timetable:  the  Directive's  provisions  shall  be  implemented  within  6  years  of  the  entry  into 
force of this Agreement. 

Technical and operational rules 

Passenger ships 

Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety 
rules and standards for passenger ships  

Timetable:  the  Directive's  provisions  shall  be  implemented  within  4  years  of  the  entry  into 
force of this Agreement. 

Council  Directive  1999/35/EC  of  29  April  1999  on  a  system  of  mandatory  surveys  for  the 
safe operation of regular ro-ro ferry and high-speed passenger craft services 

Timetable:  the  Directive's  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement.  

Directive  2003/25/EC  of  the  European  Parliament  and  of  the  Council  on  specific  stability 
requirements for ro-ro passenger ships  

Timetable:  the  Directive's  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

Oil tankers 

Regulation  (EC)  417/2002  of  the  European  Parliament  and  of  the  Council  of  18  February 
2002 on the accelerated phasing-in of double hull or equivalent design requirements for single 
hull oil tankers and repealing Council Regulation (EC) 2978/94 

The timetable of phasing-out single hull tankers will follow the schedule as specified in the 
MARPOL Convention of 1973. 

Bulk carriers 

Directive  2001/96/EC  of  the  European  Parliament  and  of  the  Council  of  4  December  2001 
establishing  harmonised  requirements  and  procedures  for  the  safe  loading  and  unloading  of 
bulk carriers 

Timetable:  the  Directive's  provisions  shall  be  implemented  within  5  years  of  the  entry  into 
force of this Agreement. 

Crew 

Directive 2008/106 on the minimum level of training of seafarers 

Timetable:  the  Directive's  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

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39 

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Environment 

Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 
on port reception facilities for ship-generated waste and cargo residues 

Timetable:  the  Directive's  provisions  shall  be  implemented  within  6  years  of  the  entry  into 
force of this Agreement. 

Regulation (EC) 782/2003 of the European Parliament and of the Council of 14 April 2003 on 
the prohibition of organotin compounds on ships 

Timetable: the Regulation's provisions shall be implemented within 3 years of the entry into 
force of this Agreement. 

Technical conditions 

Directive 2010/65 on reporting formalities for ships arriving in and/or departing from ports of 
the  Member  States  of  the  Community  repealing  Directive  2002/6/EC  of  the  European 
Parliament and of the Council of 18 February 2002 valid until 18 May 2012 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  5  years  of  the  entry  into 
force of this Agreement. 

Social conditions 

Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisation 
of working time of seafarers concluded by the European Community Shipowners' Association 
(ECSA)  and  the  Federation  of  Transport  Workers'  Unions  in  the  European  Union  (FST)  - 
Annex: European Agreement on the organisation of working time of seafarers, except Clause 
16  

Timetable:  the  Directive's  provisions  shall  be  implemented  within  5  years  of  the  entry  into 
force of this Agreement, with the exception of Clause 16 which shall be implemented within 7 
years of the entry into force of this Agreement. 

Directive 1999/95/EC of the European Parliament and of the Council of 13 December 1999 
concerning the enforcement of provisions in respect of seafarers' hours of work on board ships 
calling at Community ports  

Timetable:  the  Directive's  provisions  shall  be  implemented  within  5  years  of  the  entry  into 
force of this Agreement. 

Maritime security  

Directive 2005/65/EC of the European Parliament and of the Council of 26 October 2005 on 
enhancing port security 

Timetable: the Directive's provisions (except those concerning Commission inspections) shall 
be implemented within 3 years of the entry into force of this Agreement. 

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40 

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Regulation (EC) 725/2004 of the European Parliament and of the Council of 31 March 2004 
on enhancing ship and port facility security 

Timetable:  the  Regulation's  provisions  (except  those  concerning  Commission  inspections) 
shall be implemented within 3 years of the entry into force of this Agreement. 

(5) Inland waterway transport 

Functioning of the market 

Council  Directive  (EC)  No  96/75  on  the  systems  of  chartering  and  pricing  in  national  and 
international inland waterway transport in the Community 

Timetable:  the  Directive's  provisions  shall  be  implemented  within  5  years  of  the  entry  into 
force of this Agreement. 

Access to the profession 

Council  Directive  (EEC)  No  87/540  on  access  to  the  occupation  of  carrier  of  goods  by 
waterway in national and international transport and on the mutual recognition of diplomas, 
certificates and other evidence of formal qualifications for this occupation 

Timetable:  the  Directive's  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

Council  Directive  96/50/EC  on  the  harmonization  of  the  conditions  for  obtaining  national 
boat masters’ certificates for the carriage of goods and passengers by inland waterway in the 
Community 

Timetable:  the  Directive's  provisions  shall  be  implemented  within  5  years  of  the  entry  into 
force of this Agreement. 

Safety  

Directive 2006/87/EC of the European Parliament and of the Council of 12 December 2006 
laying down technical requirements for inland waterway vessels  

Timetable:  the  Directive’s  provisions  will  be  transposed  in  the  framework  of  the  Danube 
Commission. 

Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 
on the inland transport of dangerous goods  

Timetable: the Directive's provisions shall be implemented for all inland water way transport 
of  dangerous  goods  in  international  traffic  within  1  year  of  the  entry  into  force  of  this 
Agreement, in national traffic within 3 years of the entry into force of this Agreement. 

River Information Services 

EN 

41 

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Directive 2005/44/EC of the European Parliament and of the Council of 7 September 2005 on 
harmonised river information services (RIS) on inland waterways in the Community  

Timetable:  the  Directive's  provisions  shall  be  implemented  within  5  years  of  the  entry  into 
force of this Agreement. 

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42 

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ANNEX XXXIII 

to CHAPTER 7: TRANSPORT 

of TITLE V: ECONOMIC AND SECTOR COOPERATION 

1. 

The Parties recognise the importance of improving transport connections by making 
them smoother, safer and more reliable. This is to the mutual benefit of the EU and 
Ukraine. The Parties will cooperate in order to develop further transport connections 
in particular through: 

(a)  policy cooperation, improved administrative procedures at the border crossings 

and removal of bottlenecks in infrastructure; 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

cooperation  within  the  Eastern  Partnership  Transport  Panel,  a  result-oriented 
permanent  framework  for  transport  cooperation  between  the  EU  and  the 
Eastern Partnership countries; 

cooperation  with  International  Financial  Institutions  that  can  contribute  to 
improved transport; 

further develop a Ukrainian co-ordination mechanism and information system 
to  ensure  effectiveness  and  transparency  of  infrastructure  planning,  including 
traffic management systems, charging and financing; 

adoption of border crossing facilitation actions in line with the stipulations in 
the customs part of this Agreement that aim to improve the functioning of the 
transport  network  in  order  to  increase  the  fluidity  of  the  transport  flows 
between Ukraine, regional partners and the EU; 

exchange of best practice on financing options of projects (both infrastructure 
and  horizontal  measures),  including  public-private  partnerships,  relevant 
legislation and user charging; 

taking  into  account  where  relevant  the  environmental  provisions  as  set  out  in 
the  environmental  part  of  this  Agreement  in  particular  the  Strategic  Impact 
Assessment, Environmental Impact Assessment, nature-related and air quality-
related directives; 

(h)  development  of  efficient  traffic  management  systems  such  as  ERTMS  at 
regional level ensuring cost effectiveness, interoperability and high quality. 

The Parties take note of the indicative maps submitted by Ukraine. The Parties will 
cooperate in order to establish Ukraine's strategic transport network connected to the  
TEN-T network as well as to networks of the region.  

The Parties will seek to identify projects of mutual interest located on the strategic 
transport network of Ukraine.  

Maps

2. 

3. 

4. 

EN 

43 

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EN 

44 

EN 

 
  
EN 

45 

EN 

 
  
ANNEX XXXIV 

to CHAPTER 13: COMPANY LAW, CORPORATE GOVERNANCE, ACCOUNTING 
AND AUDITING 

of TITLE V: ECONOMIC AND SECTOR COOPERATION 

Ukraine  undertakes  to  gradually  approximate  its  legislation  to  the  following  EU  legislation 
within the stipulated timeframes: 

First Council Directive 68/151/EEC of 9 March 1968, as amended by  Directive 2003/58 on 
co-ordination of safeguards which, for the protection of the interests of members and others, 
are required by Member States of companies within the meaning of the second paragraph of 
Article  58  of  the  Treaty,  with  a  view  to  making  such  safeguards  equivalent  throughout  the 
Community 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  2  years  of  the  entry  into 
force of this Agreement. 

Second  Council  Directive  77/91/EEC  of  13  December  1976,  as  amended  by  Directives 
92/101/EEC and 2006/68/EC on co-ordination of safeguards which, for the protection of the 
interests  of  members  and  others,  are  required  by  Member  States  of  companies  within  the 
meaning of the second paragraph of Article 58 of the  Treaty, in respect  of  the formation of 
public limited liability companies and the maintenance and alteration of their capital, with a 
view to making such safeguards equivalent 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  2  years  of  the  entry  into 
force of this Agreement. 

Third  Council  Directive  78/855/EEC  of  9  October  1978  based  on  Article  54  (3)  (g)  of  the 
Treaty  concerning  mergers  of  public  limited  liability  companies,  as  amended  by  Directive 
2007/63/EC 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

Sixth Council Directive 82/891/EEC of 17 December 1982 based on Article 54 (3) (g) of the 
Treaty, concerning the division of public limited liability companies, as amended by Directive 
2007/63/EC 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

Eleventh  Council  Directive  89/666/EEC  of  21  December  1989  concerning  disclosure 
requirements in respect of branches opened in a Member State by certain types of company 
governed by the law of another State 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  2  years  of  the  entry  into 
force of this Agreement. 

EN 

46 

   EN 

 
Twelfth Council Law Directive 89/667/EEC of 21 December 1989 on single-member private 
limited-liability companies 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

Directive  2004/25/EC  of  the  European  Parliament  and  of  the  Council  of  21  April  2004  on 
takeover bids 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  4  years  of  the  entry  into 
force of this Agreement. 

Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 
on  the  harmonisation  of  transparency  requirements  in  relation  to  information  about  issuers 
whose  securities  are  admitted  to  trading  on  a  regulated  market  and  amending  Directive 
2001/34/EC 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  4  years  of  the  entry  into 
force of this Agreement. 

Commission  Directive  2007/14/EC  of  8  March  2007  laying  down  detailed  rules  for  the 
implementation  of  certain  provisions  of  Directive  2004/109/EC  on  the  harmonisation  of 
transparency  requirements  in  relation  to  information  about  issuers  whose  securities  are 
admitted to trading on a regulated market 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  4  years  of  the  entry  into 
force of this Agreement. 

Directive 2007/36/EC of the European Parliament and of the Council of 11 July 2007 on the 
exercise of certain rights of shareholders in listed companies 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

EN 

47 

   EN 

 
ANNEX XXXV 

to CHAPTER 13: COMPANY LAW, CORPORATE GOVERNANCE, ACCOUNTING 
AND AUDITING 

of TITLE V: ECONOMIC AND SECTOR COOPERATION 

Ukraine  undertakes  to  gradually  approximate  its  legislation  to  the  following  EU  legislation 
within the stipulated timeframes: 

Fourth  Council  Directive  of  25  July  1978  based  on  Article  54(3)(g)  of  the  Treaty  on  the 
annual accounts of certain types of companies (78/660/EEC)  

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

Seventh Council Directive of 13 June 1983 based on the Article 54 (3) (g) of the Treaty on 
consolidated accounts (83/349/EEC)  

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

Regulation  (EC)  No  1606/2002  of  the  European  Parliament  and  of  the  Council  of  19  July 
2002 on the application of international accounting standards  

Timetable: the Regulation’s provisions shall be implemented within 2 years of the entry into 
force of this Agreement. 

Directive  2006/43/EC  of  the  European  Parliament  and  of  the  Council  of  17  May  2006  on 
statutory audits of annual accounts and consolidated accounts, amending Council Directives 
78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

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ANNEX XXXVI 

to CHAPTER 13: COMPANY LAW, CORPORATE GOVERNANCE, ACCOUNTING 
AND AUDITING 

– 

– 

– 

of TITLE V: ECONOMIC AND SECTOR COOPERATION 

OECD Principles on Corporate Governance. 

Commission Recommendation of 14 December 2004 fostering an appropriate regime 
for the remuneration of directors of listed companies (2004/913/EC). 

Commission Recommendation of 15 February 2005 on the role of non-executive or 
supervisory directors of listed companies and on the committees of the (supervisory) 
board (2005/162/EC). 

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ANNEX XXXVII 

To CHAPTER 15: AUDIO-VISUAL POLICY 

of TITLE V: ECONOMIC AND SECTOR COOPERATION 

Ukraine undertakes to gradually approximate its legislation within the stipulated timeframes 
to: 

Directive 2007/65/EC of 11 December 2007 amending Council Directive 89/552/EEC on the 
co-ordination  of  certain  provisions  laid  down  by  law,  regulation  or  administrative  action  in 
Member States concerning the pursuit of television broadcasting activities and as repealed by 
Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on 
the coordination of certain provisions laid down by law, regulation or administrative action in 
Member  States  concerning  the  provision  of  audiovisual  media  services  (Audiovisual  Media 
Services Directive) 

Timetable:  the  Directive's  provisions  shall  be  implemented  within  2  years  of  the  entry  into 
force of this Agreement. 

European Convention on Transfrontier Television of 1989 

Timetable: not applicable 

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ANNEX XXXVIII 

to CHAPTER 17: AGRICULTURE AND RURAL DEVELOPMENT 

of TITLE V: ECONOMIC AND SECTOR COOPERATION 

The  listed  EU  Regulations,  Directives,  Decisions,  Recommendations  and  Communications 
constitute  the  legislative  references  when  gradual  approximation  of  legislation  in  a  specific 
sector or product is considered by the Ukrainian side. 

Quality Policy 

Council  Regulation  (EC)  No  510/2006  of  20  March  2006  on  the  protection  of  geographical 
indications and designations of origin for agricultural products and foodstuffs 

Commission Regulation (EC) No 1898/2006 of 14 December 2006 laying down detailed rules 
of implementation of Council Regulation (EC) No 510/2006 on the protection of geographical 
indications and designations of origin for agricultural products and foodstuffs 

Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 
2008 on the definition, description, presentation, labelling and the protection of geographical 
indications of spirit drinks 

Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the 
market  in  wine,  namely,  Title  III  "Regulatory  measures"  and  Article  117  on  controls  as 
repealed by Regulation 491/2009 of 25 May 2009 and as incorporated into the Single CMO 
Council Regulation (EC) No 1234/2007 of 22 October 2007 

Commission  Regulation  (EC)  No  555/2008  of  27  June  2008  laying  down  detailed  rules  for 
implementing  Council  Regulation  (EC)  No  479/2008,  as  regard  support  programmes,  trade 
with third countries, production potential and on controls in the wine sector, namely, Title V 
"controls in the wine sector" 

Council  Regulation  (EC)  No  509/2006  of  20  March  2006  on  agricultural  products  and 
foodstuffs as traditional specialities guaranteed 

Commission Regulation (EC) No 1216/2007 of 18 October 2007 laying down detailed rules 
for the implementation of Council Regulation (EC) No 509/2006 on agricultural products and 
foodstuffs as traditional specialities guaranteed 

Organic farming 

Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of 
organic products and repealing Regulation (EEC) No 2092/91 

Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules 
for the implementation of Council Regulation (EC) No 834/2007 on organic production and 
labelling of organic products with regard to organic production, labelling and control 

Commission Regulation (EC) No 1235/2008 of 8 December 2008 laying down detailed rules 
for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for 
imports of organic products from third countries 

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Genetically modified crops 

Commission  Recommendation  on  guidelines  for  the  development  of  national  strategies  and 
best practices to ensure the co-existence of genetically modified crops with conventional and 
organic farming of 23 July 2003 

Biodiversity 

Council  Regulation  (EC)  No  870/2004  of  24  April  2004  establishing  a  Community 
programme  on  the  conservation,  characterisation,  collection  and  utilisation  of  genetic 
resources in agriculture and repealing Regulation (EC) No 1467/94 

Marketing standards for plants, seeds of plants, products derived from plants, fruits and 
vegetables 

Commission Regulation (EEC) No 890/78 of 28 April 1978 laying down detailed rules for the 
certification of hops 

Council  Regulation  (EC)  No  1234/2007  of  22  October  2007  establishing  a  common 
organisation  of  agricultural  markets  and  on  specific  provisions  for  certain  agricultural 
products (Single CMO Regulation) 

Commission Regulation (EC) No 1850/2006 of 14 December 2006 laying down detailed rules 
for the certification of hops and hop products 

Commission Regulation (EC) No 1295/2008 of 18 December 2008 on the importation of hops 
from third countries (Codified version) 

Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed 

Commission Regulation (EC) No 382/2005 of 7 March 2005 laying down detailed rules for 
the application of Council Regulation (EC) No 1786/2003 on the common organisation of the 
market in dried fodder 

Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed 

Council Directive 68/193/EEC of 9 April 1968 on the marketing of material for the vegetative 
propagation of the vine 

Council Directive 92/33/EEC of 28 April 1992 on the marketing of vegetable propagating and 
planting material, other than seed 

Council  Directive  92/34/EEC  of  28  April  1992  on  the  marketing  of  fruit  plant  propagating 
material and fruit plants intended for fruit production 

Council  Directive  98/56/EC  of  20  July  1998  on  the  marketing  of  propagating  material  of 
ornamental plants 

Council Directive 1999/105/EC of 22 December 1999 on the marketing of forest reproductive 
material 

Council Directive 2001/111/EC of 20 December 2001 relating to certain sugars intended for 
human consumption 

EN 

52 

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Commission Regulation (EEC) No 2568/91 of 11 July 1991 on the characteristics of olive oil 
and olive-residue oil and on the relevant methods of analysis 

Council Directive 76/621/EEC of 20 July 1976 relating to the fixing of the maximum level of 
erucic  acid  in  oils  and  fats  intended  as  such  for  human  consumption  and  in  foodstuffs 
containing added oils or fats 

Art.  52  of  Council  Regulation  (EC)  No  1782/2003  of  29  September  2003  establishing 
common  rules  for  direct  support  schemes  under  the  common  agricultural  policy  and 
establishing  certain  support  schemes  for  farmers  and  amending  Regulations  (EEC)  No 
2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) 
No  1251/1999,  (EC)  No  1254/1999,  (EC)  No  1673/2000,  (EEC)  No  2358/71  and  (EC)  No 
2529/2001 

Art.  157  of  Council  Regulation  (EC)  No  1234/2007  of  22  October  2007  establishing  a 
common  organisation  of  agricultural  markets  and  on  specific  provisions  for  certain 
agricultural products (Single CMO Regulation) 

Council  Directive  2002/53/EC  of  13  June  2002  on  the  common  catalogue  of  varieties  of 
agricultural plant species 

Council Directive 2002/54/EC of 13 June 2002 on the marketing of beet seed 

Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed 

Council Directive 2002/56/EC of 13 June 2002 on the marketing of seed potatoes 

Commission  Regulation  (EC)  No  1345/2005  of  16  August  2005  laying  down  detailed  rules 
for the application of the system of import licences for olive oil 

Council  Directive  2002/57/EC  of  13  June  2002  on  the  marketing  of  seed  of  oil  and  fibre 
plants 

Commission Regulation (EC) No 1019/2002 of 13 June 2002 on marketing standards for olive 
oil 

Art.  123,  126,  177,  178  Council  Regulation  (EC)  No  1234/2007  of  22  October  2007 
establishing  a  common  organisation  of  agricultural  markets  and  on  specific  provisions  for 
certain agricultural products (Single CMO Regulation) 

Art.  171cg,  Art.  171ch  and  Art.  171cj  of  Corrigendum  to  Commission  Regulation  (EC)  No 
1973/2004  of  29  October  2004  laying  down  detailed  rules  for  the  application  of  Council 
Regulation (EC) No 1782/2003 as regards the support schemes provided for in Titles IV and 
IVa of that Regulation and the use of land set aside for the production of raw materials 

Commission Regulation (EC) No 507/2008 of 6 June 2008 laying down detailed rules for the 
application  of  Council  Regulation  (EC)  No  1673/2000  on  the  common  organisation  of  the 
markets in flax and hemp grown for fibre 

Directive 2000/36/EC of the European Parliament and of the Council of 23 June 2000 relating 
to cocoa and chocolate products intended for human consumption 

EN 

53 

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Council  Directive  2001/113/EC  of  20  December  2001  relating  to  fruit  jams,  jellies  and 
marmalades and sweetened chestnut purée intended for human consumption 

Directive  1999/4/EC  of  the  European  Parliament  and  of  the  Council  of  22  February  1999 
relating to coffee extracts and chicory extracts 

Commission  Regulation  (EC)  No  223/2008  of  12  March  2008  laying  down  conditions  and 
procedures for the recognition of producer organisations of silkworm rearers 

Council  Directive  2001/112/EC  of  20  December  2001  relating  to  fruit  juices  and  certain 
similar products intended for human consumption 

laying  down 
Commission  Regulation  (EC)  No  1580/2007  of  21  December  2007 
implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 
1182/2007 in the fruit and vegetable sector 

Marketing standards for live animals and animal products 

Regulation  (EC)  No  1760/2000  of  the  European  Parliament  and  of  the  Council  of  17  July 
2000  establishing  a  system  for  the  identification  and  registration  of  bovine  animals  and 
regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 
820/97 

Council  Regulation  (EC)  No  1234/2007  of  22  October  2007  establishing  a  common 
organisation  of  agricultural  markets  and  on  specific  provisions  for  certain  agricultural 
products (Single CMO Regulation) 

Commission Regulation (EC) No 566/2008 of 18 June 2008 laying down detailed rules for the 
application of Council Regulation (EC) No 1234/2007 as regards the marketing of the meat of 
bovine animals aged 12 months or less 

Commission  Regulation  (EC)  No  589/2008  of  23  June  2008  laying  down  detailed  rules  for 
implementing  Council  Regulation  (EC)  No  1234/2007  as  regards  marketing  standards  for 
eggs 

Corrigendum  to  Commission  Regulation  (EC)  No  543/2008  of  16  June  2008  laying  down 
detailed  rules  for  the  application  of  Council  Regulation  (EC)  No  1234/2007  as  regards  the 
marketing standards for poultry meat 

Commission Regulation (EC) No 1249/2008 of 10 December 2008 on the implementation of 
the Community scale for the classification of beef, pig and sheep carcasses and the reporting 
of prices thereof 

Commission  Regulation  (EC)  No  617/2008  of  27  June  2008  laying  down  detailed  rules  for 
implementing  Regulation  (EC)  No  1234/2007  as  regards  marketing  standards  for  eggs  for 
hatching and farmyard poultry chicks 

Council  Regulation  (EC)  No  2991/94  of  5  December  1994  laying  down  standards  for 
spreadable fats 

Commission  Regulation  (EC)  No  445/2007  of  23  April  2007  laying  down  certain  detailed 
rules for the application of Council Regulation (EC) No 2991/94 laying down standards for 

EN 

54 

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spreadable  fats  and  of  Council  Regulation  (EEC)  No  1898/87  on  the  protection  of 
designations used in the marketing of milk and milk products (Codified version) 

Council  Directive  2001/114/EC  of  20  December  2001  relating  to  certain  partly  or  wholly 
dehydrated preserved milk for human consumption 

Commission Regulation (EC) No 273/2008 of 5 March 2008 laying down detailed rules for 
the application of Council Regulation (EC) No 1255/1999 as regards methods for the analysis 
and quality evaluation of milk and milk products 

Council  Regulation  (EEC)  No  3220/84  of  13  November  1984  determining  the  Community 
scale for grading pig carcases 

Commission Regulation (EC) No 543/2008 laying down detailed rules for the application of 
Council Regulation (EC) No 1234/2007 as regards the marketing standards for poultry meat 

Corrigendum to Council Directive 2001/110/EC of 20 December 2001 relating to honey 

EN 

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ANNEX XXXIX 

to CHAPTER 20: CONSUMER PROTECTION 

of TITLE V: ECONOMIC AND SECTOR COOPERATION 

Ukraine  undertakes  to  gradually  approximate  its  legislation  to  the  following  EU  legislation 
within the stipulated timeframes:  

Product Safety 

Directive  of  the  European  Parliament  and  of  the  Council  of  3  December  2001  on  general 
product safety (2001/95/EC) 

Timetable:  the  Directive's  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

Council  Directive  of  25  June  1987  on  the  approximation  of  the  laws  of  the  Member  States 
concerning products which, appearing to be other than they are, endanger the health or safety 
of consumers (87/357/EEC) 

Timetable:  the  Directive's  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

Commission Decision of 21 April 2008 requiring Member States to ensure that magnetic toys 
placed  or  made  available  on  the  market  display  a  warning  about  the  health  and  safety  risks 
they pose (2008/329/EC) 

Timetable:  the  Decision's  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

Commission Decision  of  11 May 2006 requiring Member States to take measures to ensure 
that only lighters which are child-resistant are placed on the market and to prohibit the placing 
on the market of novelty lighters (2006/502/EC) 

Timetable:  the  Decision's  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

Marketing 

Directive  98/6/EC  of  the  European  Parliament  and  of  the  Council  of  16  February  1998  on 
consumer protection in the indication of the prices of products offered to consumers  

Timetable:  the  Directive's  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

Directive  2005/29/EC  of  the  European  Parliament  and  of  the  Council  of  11  May  2005 
concerning  unfair  business-to-consumer  commercial  practices  in  the  internal  market  and 
amending  Council  Directive 84/450/EEC, Directives  97/7/EC, 98/27/EC and 2002/65/EC of 
the  European  Parliament  and  of  the  Council  and  Regulation  (EC)  No  2006/2004  of  the 
European Parliament and of the Council (‘Unfair Commercial Practices Directive’)  

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56 

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Timetable:  the  Directive's  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

Contract Law 

Directive  1999/44/EC  of  the  European  Parliament  and  of  the  Council  of  25  May  1999  on 
certain aspects of the sale of consumer goods and associated guarantees  

Timetable:  the  Directive's  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

Unfair Contract Terms 

Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts 

Timetable:  the  Directive's  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

Directive  97/7/EC  of  the  European  Parliament  and  of  the  Council  of  20  May  1997  on  the 
protection of consumers in respect of distance contracts - Statement by the Council and the 
Parliament Article 6(1) - Statement by the Commission Article 3(1), first indent  

Timetable:  the  Directive's  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

Council  Directive  90/314/EEC  of  13  June  1990  on  package  travel,  package  holidays  and 
package tours 

Timetable:  the  Directive's  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

Directive 2008/122/EC of the European Parliament and of Council of 14 January 2009 on the 
protection of consumers in respect of certain aspects of timeshare, long-term holiday product, 
resale and exchange contracts  

Timetable:  the  Directive's  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

Doorstep selling 

Council  Directive  85/577/EEC  of  20  December  1985  to  protect  the  consumer  in  respect  of 
contracts negotiated away from business premises 

Timetable:  the  Directive's  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

Financial Services 

Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 
concerning  the  distance  marketing  of  consumer  financial  services  and  amending  Council 
Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC  

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Timetable:  the  Directive's  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

Consumer credit 

Directive  2008/48/EC  of  the  European  Parliament  and  of  the  Council  of  23  April  2008  on 
credit agreements for consumers and repealing Council Directive 87/102/EEC 

Timetable:  the  Directive's  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

Redress 

Recommendation  on  principles  applicable 
(98/257/EC) 
Commission  Recommendation  of  30  March  1998  on  the  principles  applicable  to  the  bodies 
responsible for out-of-court settlement of consumer disputes  

to  out-of-court  settlement 

Timetable: no need for legislative initiative. 

Recommendation  on  consensual  resolution  out-of-court  (2001/310/EC)  Commission 
Recommendation  of  4  April  2001  on  the  principles  for  out-of-court  bodies  involved  in  the 
consensual resolution of consumer disputes  

Timetable: no need for legislative initiative. 

Enforcement  

Directive  98/27/EC  of  the  European  Parliament  and  of  the  Council  of  19  May  1998  on 
injunctions for the protection of consumers' interests  

Timetable:  the  Directive's  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

Consumer protection cooperation (regulation)  

Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 
2004  on  cooperation  between  national  authorities  responsible  for  the  enforcement  of 
consumer protection laws (the Regulation on consumer protection cooperation)  

Timetable: the Regulation's provisions shall be implemented within 5 years of the entry into 
force of this Agreement. 

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ANNEX XL 

to CHAPTER 21: COOPERATION ON EMPLOYMENT, SOCIAL POLICY AND 
EQUAL OPPORTUNITIES 

Of TITLE V: ECONOMIC AND SECTOR COOPERATION 

Ukraine  undertakes  to  gradually  approximate  its  legislation  to  the  following  EU  legislation 
within the stipulated timeframes:  

Labour Law 

Council  Directive  91/533/EEC  of  14  October  1991  on  an  employer's  obligation  to  inform 
employees of the conditions applicable to the contract or employment relationship 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  4  years  of  the  entry  into 
force of this Agreement. 

Council  Directive  1999/70/EC  of  28  June  1999  concerning  the  framework  agreement  on 
fixed-term work concluded by ETUC, UNICE and CEEP 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  4  years  of  the  entry  into 
force of this Agreement. 

Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on 
part-time work concluded by UNICE, CEEP and the ETUC - Annex: Framework agreement 
on part-time work 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

Council  Directive  91/383/EEC  of  25  June  1991  supplementing  the  measures  to  encourage 
improvements in the safety and health at work of workers with a fixed- duration employment 
relationship or a temporary employment relationship 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member 
States relating to collective redundancies 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  4  years  of  the  entry  into 
force of this Agreement. 

Council  Directive  2001/23/EC  of  12  March  2001  on  the  approximation  of  the  laws  of  the 
Member  States  relating  to  the  safeguarding  of  employees'  rights  in  the event  of  transfers  of 
undertakings, businesses or parts of undertakings or businesses 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

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Directive  2002/14/EC  of  the  European  Parliament  and  of  the  Council  of  11  March  2002 
establishing  a  general  framework  for  informing  and  consulting  employees  in  the  European 
Community - Joint declaration of the European Parliament, the Council and the Commission 
on employee representation 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

Anti-discrimination and gender equality  

Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment 
between persons irrespective of racial or ethnic origin 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  4  years  of  the  entry  into 
force of this Agreement. 

Council  Directive  2000/78/EC  of  27  November  2000  establishing  a  general  framework  for 
equal treatment in employment and occupation 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  4  years  of  the  entry  into 
force of this Agreement. 

Council  Directive  2004/113/EC  of  13  December  2004  implementing  the  principle  of  equal 
treatment between men and women in the access to and supply of goods and services  

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

Council  Directive  96/34/EC  of  3  June  1996  on  the  framework  agreement  on  parental  leave 
concluded by UNICE, CEEP and the ETUC 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

Council  Directive  92/85/EEC  of  19  October  1992  on  the  introduction  of  measures  to 
encourage  improvements  in  the  safety  and  health  at  work  of  pregnant  workers  and  workers 
who  have  recently  given  birth  or  are  breastfeeding  (tenth  individual  Directive  within  the 
meaning of Article 16(1) of Directive 89/391/EEC) 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the 
principle of equal treatment for men and women in matters of social security 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

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Health and Safety at Work  

Directive  89/391/EEC  of  12  June  1989  on  the  introduction  of  measures  to  encourage 
improvements in the safety and health of workers at work 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

Council  Directive  89/654/EEC  of  30  November  1989  concerning  the  minimum  safety  and 
health requirements for the workplace (first individual Directive within the meaning of Article 
16(1) of Directive 89/391/EEC) 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force  of  this  Agreement.  Workplaces  already  in  use  before  the  final  date  on  which  this 
Directive is to be implemented must satisfy the minimum safety and health requirements laid 
down in Annex II at the latest six years after the entry into force of this Agreement. 

Council  Directive  89/655/EEC  of  30  November  1989,  concerning  the  minimum  safety  and 
health  requirements  for  the  use  of  work  equipment  by  workers  at  work  (second  individual 
Directive within the meaning of Article 16(1) of Directive 89/391/EEC) 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force  of  this  Agreement.  Work  equipment  already  provided  to  workers  in  the  undertaking 
and/or  establishment  by  the  final  date  on  which  this  Directive  is  to  be  implemented  must 
comply with the minimum requirements laid down in the Annex no later than 7 years after the 
entry into force of this Agreement. 

Directive  2001/45/EC  of  the  European  Parliament  and  of  the  Council  of  27  June  2001 
amending  Council  Directive  89/655/EEC  concerning  the  minimum  safety  and  health 
requirements for the use of work equipment by workers at work (second individual Directive 
within the meaning of Article 16(1) of Directive 89/391/EEC) 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement. 

Council Directive 92/91/EEC of 3 November 1992 concerning the minimum requirements for 
improving  the  safety  and  health  protection  of  workers  in  the  mineral-extracting  industries 
through  drilling  (eleventh  individual  Directive  within  the  meaning  of  Article  16(1)  of 
Directive 89/391/EEC) 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  2  years  of  the  entry  into 
force of this Agreement. Workplaces already in use before the date on which this Directive is 
implemented  must  satisfy  the  minimum  safety  and  health  requirements  laid  down  in  the 
Annex as soon as possible and at the latest 5 years after that date. 

Council  Directive  92/104/EEC  of  3  December  1992  on  the  minimum  requirements  for 
improving  the  safety  and  health  protection  of  workers  in  surface  and  underground  mineral-
extracting  industries  (twelfth  individual  Directive  within  the  meaning  of  Article  16(1)  of 
Directive 89/391/EEC) 

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Timetable:  the  Directive’s  provisions  shall  be  implemented  within  2  years  of  the  entry  into 
force of this Agreement. Workplaces already in use before the date on which this Directive is 
implemented  must  satisfy  the  minimum  safety  and  health  requirements  laid  down  in  the 
Annex as soon as possible and at the latest 9 years after that date. 

Council  Directive  89/656/EEC  of  30  November  1989  on  the  minimum  health  and  safety 
requirements for the use by workers of personal protective equipment at the workplace (third 
individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  7  years  of  the  entry  into 
force of this Agreement. 

Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and 
health  requirements  at  temporary  or  mobile  construction  sites  (eight  individual  Directive 
within the meaning of Article 16(1) of Directive 89/391/EEC) 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  7  years  of  the  entry  into 
force of this Agreement. 

Council Directive 83/477/EEC of 19 September 1983 on the protection of workers from the 
risks related to exposure to asbestos at work (second individual Directive within the meaning 
of Article 8 of Directive 80/1107/EEC) 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  7  years  of  the  entry  into 
force of this Agreement. 

Council  Directive  91/382/EEC  of  25  June  1991  amending  Directive  83/477/EEC  on  the 
protection  of  workers  from  the  risks  related  to  exposure  to  asbestos  at  work  (second 
individual Directive within the meaning of Article 8 of Directive 80/1107/EEC)  

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  7  years  of  the  entry  into 
force of this Agreement. 

Directive  2003/18/EC,  of  the  European  Parliament  and  of  the  Council  of  27  March  2003 
amending Council Directive 83/477/EEC on the protection of workers from the risks related 
to exposure to asbestos at work 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  7  years  of  the  entry  into 
force of this Agreement. 

Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the 
protection of workers from the risks related to exposure to carcinogens or mutagens at work 
(sixth  individual  Directive  within  the  meaning  of  Article  16(1)  of  Directive  89/391/EEC  - 
Codification of Directive 90/394/EEC 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  7  years  of  the  entry  into 
force of this Agreement. 

Directive 2000/54/EC of the European Parliament and of the Council of 18 September 2000 
on  the  protection  of  workers  from  risks  related  to  exposure  to  biological  agents  at  work 

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(seventh individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) - 
Codification of Directive 90/679/EEC  

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  7  years  of  the  entry  into 
force of this Agreement. 

Council  Directive  90/270/EEC  of  29  May  1990  on  the  minimum  safety  and  health 
requirements  for  work  with  display  screen  equipment  (fifth  individual  Directive  within  the 
meaning of Article 16(1) of Directive 89/391/EEC)  

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  7  years  of  the  entry  into 
force of this Agreement. 

Council Directive 92/58/EEC of 24 June 1992 on the minimum requirements for the provision 
of safety and/or health signs at work (ninth individual Directive within the meaning of Article 
16(1) of Directive 89/391/EEC) 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  7  years  of  the  entry  into 
force of this Agreement. 

Council  Directive  98/24/EC  of  7  April  1998  on  the  protection  of  the  health  and  safety  of 
workers  from  the  risks  related  to  chemical  agents  at  work  (fourteenth  individual  Directive 
within the meaning of Article 16(1) of Directive 89/391/EEC) 

Timetable: the Directive’s provisions shall be implemented within 10 years of the entry into 
force of this Agreement. 

Directive 1999/92/EC of the European Parliament and of the Council of 16 December 1999 
on  minimum  requirements  for  improving  the  safety  and  health  protection  of  workers 
potentially  at  risk  from  explosive  atmospheres  (fifteenth  individual  Directive  within  the 
meaning of Article 16(1) of Directive 89/391/EEC) 

Timetable: the Directive’s provisions shall be implemented within 10 years of the entry into 
force of this Agreement. 

Directive 2002/44/EC of the European Parliament and of the Council of 25 June 2002 on the 
minimum health and safety requirements regarding the exposure of workers to the risk arising 
from physical agents (vibration) (sixteenth individual Directive within the meaning of Article 
16(1) of Directive 89/391/EEC) 

Timetable: the Directive’s provisions shall be implemented within 10 years of the entry into 
force of this Agreement. 

Directive 2003/10/EC of the European Parliament and of the Council of 6 February 2003 on 
the  minimum  health  and  safety  requirements  regarding  the  exposure  of  workers  to  the  risk 
arising from physical agents (noise) (seventeenth individual Directive within the meaning of 
Article 16(1) of Directive 89/391/EEC) 

Timetable: the Directive’s provisions shall be implemented within 10 years of the entry into 
force of this Agreement. 

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Directive 2004/40/EC of the European Parliament and of the Council of 29 April 2004 on the 
minimum  health  and  safety  requirements  regarding  the  exposure  of  workers  to  the  risks 
arising  from  physical  agents  (electromagnetic  fields)  (18th  individual  Directive  within  the 
meaning of Article 16(1) of Directive 89/391/EEC) 

Timetable: the Directive’s provisions shall be implemented within 10 years of the entry into 
force of this Agreement. 

Directive 2006/25/EC of the European Parliament and of the Council of 5 April 2006 on the 
minimum  health  and  safety  requirements  regarding  the  exposure  of  workers  to  risks  arising 
from  physical  agents  (artificial  optical  radiation)  (19th  individual  Directive  within  the 
meaning of Article 16(1) of Directive 89/391/EEC)  

Timetable: the Directive’s provisions shall be implemented within 10 years of the entry into 
force of this Agreement. 

Council  Directive  93/103/EC  of  23  November  1993  concerning  the  minimum  safety  and 
health requirements for work on board fishing vessels (thirteenth individual Directive within 
the meaning of Article 16(1) of Directive 89/391/EEC) 

Timetable: the Directive’s provisions shall be implemented within 10 years of the entry into 
force of this Agreement. 

Council  Directive  92/29/EEC  of  31  March  1992  on  the  minimum  safety  and  health 
requirements for improved medical treatment on board vessels  

Timetable: the Directive’s provisions shall be implemented within 10 years of the entry into 
force of this Agreement. 

Council  Directive  90/269/EEC  of  29  May  1990  on  the  minimum  health  and  safety 
requirements for the manual handling of loads where there is a risk particularly of back injury 
to  workers  (fourth  individual  Directive  within  the  meaning  of  Article  16(1)  of  Directive 
89/391/EEC 

Timetable: the Directive’s provisions shall be implemented within 10 years of the entry into 
force of this Agreement. 

Commission Directive 91/322/EEC of 29 May 1991 on establishing indicative limit values by 
implementing  Council  Directive  80/1107/EEC  on  the  protection  of  workers  from  the  risks 
related to exposure to chemical, physical and biological agents at work 

Timetable: the Directive’s provisions shall be implemented within 10 years of the entry into 
force of this Agreement. 

Commission Directive 2000/39/EC establishing a first list of indicative occupational exposure 
limit  values  in  implementation  of  Council  Directive  98/24/E  on  the  protection  of  the  health 
and safety of workers from the risks related to chemical agents at work 

Timetable: the Directive’s provisions shall be implemented within 10 years of the entry into 
force of this Agreement. 

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Commission  Directive  2006/15/EC  establishing  a  second  list  of  indicative  occupational 
exposure  limit  values  in  implementation  of  Council  Directive  98/24/EC  and  amending 
Directives 91/322/EEC and 2000/39/EC 

Timetable: the Directive’s provisions shall be implemented within 10 years of the entry into 
force of this Agreement. 

Upon  the  entry  into  force  of  this  Agreement,  the  Association  Council  shall  define  the 
timetable for implementation by Ukraine of the following directives: 

– 

– 

Directive 2003/88/EC of the European Parliament and of the Council of 4 November 
2003 concerning certain aspects of the organisation of working time; 

Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 
on the implementation of the principle of equal opportunities and equal treatment of 
men and women in matters of employment and occupation (recast) 

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ANNEX XLI 

To CHAPTER 22: PUBLIC HEALTH 

of TITLE V: ECONOMIC AND SECTOR COOPERATION 

Ukraine  undertakes  to  gradually  approximate  its  legislation  to  the  following  EU  legislation 
within the stipulated timeframes:  

Tobacco 

Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the 
approximation  of  the  laws,  regulations  and  administrative  provisions  of  the  Member  States 
concerning the manufacture, presentation and sale of tobacco products 

Timetable:  the  Directive's  provisions  shall  be  implemented  within  2  years  of  the  entry  into 
force of this Agreement. 

Directive 2003/33/EC of the European Parliament and of the Council of 26 May 2003 on the 
approximation  of  the  laws,  regulations  and  administrative  provisions  of  the  Member  States 
relating to the advertising and sponsorship of tobacco products 

Timetable:  the  Directive's  provisions  shall  be  implemented  within  2  years  of  the  entry  into 
force of this Agreement. 

Council  Recommendation  of  2  December  2002  on  the  prevention  of  smoking  and  on 
initiatives to improve tobacco control 

Timetable: no need for legislative initiative  

Communicable diseases 

Decision 2119/98/EC of the European Parliament and of the Council of 24 September 1998 
setting  up  a  network  for  the  epidemiological  surveillance  and  control  of  communicable 
diseases in the Community.  

Timetable: these provisions shall be implemented upon entry into force of this Agreement.  

Commission Decision 2000/96/EC of 22 December 1999 on the communicable diseases to be 
progressively  covered  by  the  Community  network  under  Decision  No  2119/98/EC  of  the 
European Parliament and of the Council 

Timetable: these provisions shall be implemented upon entry into force of this Agreement.  

Commission  Decision  2002/253/EC  of  19  March  2002  laying  down  case  definitions  for 
reporting communicable diseases to the Community network under Decision No 2119/98/EC 
of the European Parliament and of the Council 

Timetable: these provisions shall be implemented upon entry into force of this Agreement.  

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Blood  

Directive  2002/98/EC  of  the  European  Parliament  and  of  the  Council  of  27  January  2003 
setting  standards  of  quality  and  safety  for  the  collection,  testing,  processing,  storage  and 
distribution of human blood and blood components and amending Directive 2001/83/EC 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement.  

Commission Directive 2004/33/EC of 22 March 2004 implementing Directive 2002/98/EC of 
the  European  Parliament  and  of  the  Council  as  regards  certain  technical  requirements  for 
blood and blood components 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement.  

Commission  Directive  2005/62/EC  of  30  September  2005 
implementing  Directive 
2002/98/EC of the European Parliament and of the Council as regards Community standards 
and specifications relating to a quality system for blood establishments 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement.  

implementing  Directive 
Commission  Directive  2005/61/EC  of  30  September  2005 
2002/98/EC  of  the  European  Parliament  and  of  the  Council  as  regards  traceability 
requirements and notification of serious adverse reactions and events 

Timetable:  the  Directive’s  provisions  shall  be  implemented  within  3  years  of  the  entry  into 
force of this Agreement.  

Tissues, cells and organs 

Directive 2004/23/EC  of  the  European Parliament  and  of  the  Council  of  31  March  2004  on 
setting  standards  of  quality  and  safety  for  the  donation,  procurement,  testing,  processing, 
preservation, storage and distribution of human tissues and cells 

Timetable:  the  Directive's  provisions  shall  be  implemented  within  2  years  of  the  entry  into 
force of this Agreement. 

Commission  Directive 2006/17/EC of 8 February 2006 implementing Directive 2004/23/EC 
of the European Parliament and of the Council as regards certain technical requirements for 
the donation, procurement and testing of human tissues and cells 

Timetable:  the  Directive's  provisions  shall  be  implemented  within  2  years  of  the  entry  into 
force of this Agreement. 

Commission Directive 2006/86/EC of 24 October 2006 implementing Directive 2004/23/EC 
of  the  European  Parliament  and  of  the  Council  as  regards  traceability  requirements, 
notification of serious adverse reactions and events and certain technical requirements for the 
coding, processing, preservation, storage and distribution of human tissues and cells 

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Timetable:  the  Directive's  provisions  shall  be  implemented  within  2  years  of  the  entry  into 
force of this Agreement. 

Mental health - Drug dependence 

Council Recommendation 2003/488/EC of 18 June 2003 on the prevention and reduction of 
health-related harm associated with drug dependence 

Timetable: no need for legislative initiative. 

Alcohol 

Council Recommendation 2001/458/EC of 5 June 2001 on the drinking of alcohol by young 
people, in particular children and adolescents 

Timetable: no need for legislative initiative. 

Cancer 

Council Recommendation 2003/878/EC of 2 December 2003 on cancer screening 

Timetable: no need for legislative initiative. 

Prevention of injury and promotion of safety 

Council Recommendation of 31 May 2007 on the prevention of injury and the promotion of 
safety 

Timetable: no need for legislative initiative. 

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ANNEX XLII 

To CHAPTER 23: EDUCATION, TRAINING AND YOUTH 

of TITLE V: ECONOMIC AND SECTOR COOPERATION 

– 

– 

Recommendation  of  the  European  Parliament  and  of  the  Council  of  15  February 
2006  on  further  European  cooperation  in  quality  assurance  in  higher  education 
(2006/143/EC) 

Recommendation of the European Parliament and of the Council of 23 April 2008 on 
the  establishment  of  the  European  Qualifications  Framework  for  lifelong  learning 
(2008/C 111/01) 

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Of TITLE VI: FINANCIAL COOPERATION, WITH ANTI-FRAUD PROVISIONS 

ANNEX XLIII 

Anti-Fraud and Control Provisions 

Definitions 

For  the  purposes  of  Title  VI  (Financial  Cooperation,  with  Anti-Fraud  Provisions)  of  this 
Agreement the following definitions shall apply. 

“Irregularity”  shall  mean  any  infringement  of  a  provision  of  EU  law,  this  Agreement  or 
ensuing agreements and contracts, resulting from an act or omission by an economic operator, 
which has, or would have, the effect of prejudicing the general budget of the EU or budgets 
managed  by  it,  either  by  reducing  or  losing  revenue  accruing  from  own  resources  collected 
directly on behalf of the EU, or by an unjustified item of expenditure. 

“Fraud" shall mean any intentional act or omission relating to: 

(a) 

(b) 

(c) 

the  use  or  presentation  of  false,  incorrect  or  incomplete  statements  or  documents, 
which has as its effect the misappropriation or wrongful retention of funds from the 
general budget of the EU or budgets managed by, or on behalf of, the EU; 

non-disclosure  of  information  in  violation  of  a  specific  obligation,  with  the  same 
effect; 

the  misapplication  of  such  funds  for  purposes  other  than  those  for  which  they  are 
originally granted. 

“Active corruption” shall mean the deliberate action of whosoever promises or gives, directly 
or through an intermediary, an advantage of any kind whatsoever to an official for himself or 
for a third party to act or refrain from acting in accordance with his duty or in the exercise of 
his functions in breach of his official duties in a way which damages or is likely to damage 
the EU's financial interests. 

“Passive corruption” shall mean the deliberate action of an official, who, directly or through 
an intermediary, requests or receives advantages of any kind whatsoever, for himself or for a 
third  party,  or  accepts  a  promise  of  such  an  advantage,  to  act  or  refrain  from  acting  in 
accordance with his duty or in the exercise of his functions in breach of his official duties in a 
way which damages or is likely to damage the EU's financial interests. 

“Conflict of interest” shall be deemed to be present in any situation that could cast doubt on 
the ability of staff to act in an impartial and objective manner for reasons involving family, 
emotional  life,  political  or  national  affinity,  economic  interest  or  any  other  shared  interest 
with a tenderer, applicant or beneficiary, or that could reasonably appear to do so in the eyes 
of an external third party. 

"Unduly paid" shall mean paid in breach of the rules governing EU funds. 

The  "European  Anti-Fraud  Office"  is  the  European  Commission’s  specialised  anti-fraud 
department.  The  Office  has  operational  independence  and  is  responsible  for  carrying  out 
administrative  investigations  intended  to  combat  fraud,  corruption  and  any  other  illegal 

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activity  adversely  affecting  the  EU's  financial  interests,  as  provided  for  in  Commission 
Decision of 28 April 1999 establishing the European Anti-Fraud Office, Regulation (EC) No 
1073/1999  of  the  European  Parliament  and  of  the  Council  of  25  May  1999  concerning 
investigations by the European Anti-Fraud Office and Council Regulation (Euratom, EC) No 
2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by 
the  Commission  in  order  to  protect  the  European  Communities'  financial  interests  against 
fraud and other irregularities. 

"Financing governmental agency" shall mean the appropriate executive authority of Ukraine, 
which  received  financial  resources  from  the  EU  with  the  aim  to  implement  EU  financial 
assistance. 

Article 1 

Exchange of information and further cooperation at operational level 

1. 

2. 

3. 

For the purposes of proper implementation of this Annex, the competent Ukrainian 
and EU authorities shall regularly exchange information and at the request of one of 
the Parties, shall conduct consultations. 

The  European  Anti-Fraud  Office  may  agree  with  its  Ukrainian  counterparts  on 
further cooperation in the field of anti-fraud including operational arrangements with 
the Ukrainian authorities as regards specific investigations. 

For  the  communication  of  personal  data,  Article  10  of  Annex  XLIII  to  this 
Agreement applies. 

Article 2 

Prevention of Irregularities, Fraud and Corruption 

1. 

2. 

3. 

4. 

Ukrainian and EU authorities shall check regularly that the operations financed with 
EU funds have been properly implemented. They shall take any appropriate measure 
to prevent and remedy irregularities and fraud.  

Ukrainian  and  EU  authorities  shall  take  any  appropriate  measure  to  prevent  and 
remedy  any  practices  of  active  or  passive  corruption  and  exclude  any  conflict  of 
interest  at  any  stage  of  the  procedure  for  the  award  of contracts  or  grants  or  in  the 
implementation of the related contracts.  

The  Ukrainian  authorities  shall  inform  the  Commission  of  any  preventive  measure 
taken. The Commission shall inform the Ukrainian authorities about the development 
of its preventive measures, as appropriate. 

In  the  case  of  implementation  of  instruments  of  financial  assistance  through 
decentralized  management  and  indirect  centralized  management,  the  Commission 
shall be entitled to obtain evidence in accordance with Article 56 of Regulation (EC, 
Euratom) No 1605/2002 of 25 June 2002. 

It shall also be entitled to obtain evidence that procedures on procurement and grants satisfy 
the principles of transparency, equal treatment and non-discrimination, prevent any conflict of 

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interest,  offer  guarantees  equivalent  to  internationally  accepted  standards  and  ensure 
compliance with the provisions of sound financial management. 

To  this  end,  the  competent  Ukrainian  authorities  shall  provide  the  Commission  within 
reasonable  time  with  any  information  related  to  the  implementation  of  EU  funds  it  requests 
and shall inform it without delay of any substantial change in their procedures or systems. 

5. 

When  introducing  or  implementing  new  preventive  measures,  the  Ukrainian 
authorities may benefit from the expertise of the Commission. 

Article 3 

Investigation and Prosecution 

The Parties shall ensure investigation and prosecution of suspected and actual cases of fraud, 
corruption  or  any  other  irregularity  including  conflict  of  interest,  following  national  or  EU 
controls.  Where  appropriate  the  European  Anti-Fraud  Office  may  assist  the  competent 
Ukrainian authorities in this task. 

Article 4 

Communication of irregularities 

1. 

2. 

3. 

4. 

The competent Ukrainian authorities shall transmit to the Commission without delay 
any information which has come to their notice on suspected or actual cases of fraud, 
corruption or any other irregularity, including conflict of interest, in connection with 
the  implementation  of  EU  funds.  In  case  of  suspicion  of  fraud  and  corruption,  the 
European Anti-Fraud Office shall also be informed.  

The  competent  Ukrainian  authorities  shall  also  report  on  all  measures  taken  in 
connection with facts communicated under this article. Should there be no suspected 
or actual cases of fraud, corruption, or any other irregularity to report, the competent 
Ukrainian  authorities  shall  inform  the  Commission  following  the  end  of  each 
calendar year.  

The  Commission  will  provide  the  competent  Ukrainian  authorities  with  relevant 
information  on  trends  and  modus  operandi  concerning  fraud  and  corruption  as 
appropriate. 

The  Association  Council  will  define  the  modalities  for  transmission  of  information 
from the competent Ukrainian authorities to the Commission. 

Article 5 

Audits 

1. 

The  Commission  and  the  European  Court  of  Auditors  shall  examine  whether  all 
expenditure related to the implementation of EU funds has been incurred in a lawful 
and regular manner and whether the financial management has been sound. 

Audits  shall  be  carried  out  on  the  basis  both  of  commitments  undertaken  and 
payments made. They shall be based on records and, if necessary, performed on-the-

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spot on the premises of any entity which manages or takes part in the implementation 
of EU funds. The audits may be carried out before the closure of the accounts for the 
financial year in question and for a period of five years from the date of payment of 
the balance. 

Commission  inspectors  or  other  persons  mandated  by  the  Commission  or  the 
European  Court  of  Auditors  may  conduct  documentary  or  on-the-spot  checks  and 
audits  on  the  premises  of  any  entity  which  manages  or  takes  part  in  the 
implementation of EU funds and of their subcontractors in Ukraine. 

2. 

3. 

The Commission and the European Court of Auditors shall have appropriate access 
to  sites,  works  and  documents  and  to  all  the  information  required  in  order  to  carry 
out  such  audits,  including  in  electronic  form.  This  right  of  access  should  be 
communicated  to  all  public  institutions  of  Ukraine  and  shall  be  stated  explicitly  in 
the contracts concluded to implement the instruments referred to in this Agreement. 

The  checks  and  audits  described  above  are  applicable  to  all  contractors  and 
subcontractors who have received EU funds directly or indirectly. In the performance 
of their tasks,  the  European  Court of Auditors and the Ukrainian audit bodies shall 
cooperate in a spirit of trust while maintaining their independence. 

Article 6 

On-the-spot checks 

1. 

2. 

3. 

4. 

Within  the  framework  of  this  Agreement,  the  European  Anti-Fraud  Office  shall  be 
authorised  to  carry  out  on-the-spot  checks  and  inspections  in  order  to  protect  the 
EU's financial interests against fraud and other irregularities on Ukraine’s territory, 
in accordance with the provisions of Council Regulation (EC, Euratom) No 2185/96 
of 11 November 1996. 

While executing these on-the-spot checks and inspections the European Anti-Fraud 
Office's  officials  shall  take  into  account  the  rules  of  Ukrainian  legislation  as 
appropriate. 

On-the-spot checks and inspections shall be prepared and conducted by the European 
Anti-fraud  Office  in  close  collaboration  with  the  competent  Ukrainian  anti-fraud 
authorities. 

The Ukrainian authorities shall be notified of the object, purpose and legal basis of 
the  checks  and  inspections,  so  that  they  can  provide  all  the  requisite  help.  To  that 
end,  the  officials  of  the  competent  Ukrainian  authorities  may  participate  in  on-the-
spot checks and inspections. 

If the  Ukrainian authorities concerned express their  interest,  the on-the-spot checks 
and  inspections  may  be  carried  out  jointly  by  the  European  Anti-Fraud  Office  and 
themselves. 

Where  the  beneficiaries  of  EU  funds  resist  an  on-the-spot  check  or  inspection,  the 
Ukrainian authorities, acting in accordance with national rules, shall give European 
Anti-Fraud Office's officials such assistance as they need, in order to allow them to 
discharge their duty in carrying out an on-the-spot check or inspection. 

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Article 7 

Administrative measures and penalties 

Without prejudice to the application of Ukrainian law, administrative measures and penalties 
may  be  imposed  by  the  Commission  in  accordance  with  Regulations  (EC,  Euratom) 
No 1605/2002 of 25 June 2002 and (EC, Euratom) No 2342/2002 of 23 December 2002 and 
with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection 
of the European Communities' financial interests. 

Article 8 

Recovery 

1. 

The  Ukrainian  authorities  shall  take  any  appropriate  measure  to  recover  to  the 
financing governmental agency EU funds unduly paid. 

Where the Ukrainian authorities are entrusted with the implementation of EU funds 
the  Commission  is  entitled  to  recover  EU  funds  unduly  paid,  in  particular  through 
financial corrections. The Commission shall take into account the measures taken by 
the Ukrainian authorities to prevent the loss of the EU funds concerned. 

The Commission shall consult with Ukraine on the matter before taking any decision 
on recovery. Disputes on recovery will be discussed in the Association Council.  

2. 

Where  the  Commission  implements  EU  funds  directly  or  indirectly  by  entrusting 
budget  implementation  tasks  to  third  parties,  decisions  taken  by  the  Commission 
within  the  scope  of  the  chapter  on  financial  cooperation  of  this  Agreement,  which 
impose  pecuniary  obligation  on  persons  other  than  States,  shall  be  enforceable  in 
Ukraine in accordance with the following principles: 

(a) 

(b) 

(c) 

(a)  Enforcement  shall  be  governed  by  the  rules  of  civil  procedure  in  force  in 
Ukraine.  The  order  for  the  decision’s  enforcement  shall  be  appended  to  it, 
without  any  other  formality  being  necessary,  other  than  verification  of  the 
authenticity of the decision, by the national authority which the government of 
Ukraine shall designate for this purpose and which it shall make known to the 
Commission and to the Court of Justice of the European Union. 

(b)  When  these  formalities  have  been  completed  on  application  by  the  party 
concerned, the latter may proceed to enforcement in accordance with Ukrainian 
law, by bringing the matter directly before the competent authority. 

(c) Enforcement may be suspended only by a decision of the Court. However, 
the  courts  of  Ukraine  concerned  shall  have  jurisdiction  over  complaints  that 
enforcement is being carried out in an irregular manner. 

3. 

The enforcement order shall be issued, without any further control than verification 
of  the  authenticity  of  the  act,  by  the  authorities  designated  by  the  Ukrainian 
government.  Enforcement  shall  take  place  in  accordance  with  Ukrainian  rules  of 
procedure. The legality of the enforcement decision shall be subject to control by the 
Court of Justice of the EU. 

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4. 

Judgments given by the Court of Justice of the EU pursuant to an arbitration clause 
in a contract within the scope of this Annex shall be enforceable on the same terms. 

Article 9 

Confidentiality 

Information  communicated  or  acquired  in  any  form  under  this  Annex  shall  be  covered  by 
professional  secrecy  and  protected  in  the  same  way  as  similar  information  is  protected  by 
Ukrainian  law  and  by  the  corresponding  provisions  applicable  to  the  EU  institutions.  Such 
information may not be communicated to persons other than those in the EU institutions, in 
the Member States or in Ukraine whose functions require them to know it, nor may it be used 
for purposes other than to ensure effective protection of the Parties' financial interests. 

Article 10 

Data protection 

1. 

2. 

The communication of personal data shall only take place if such communication is 
necessary for the implementation of this Agreement by the competent authorities of 
Ukraine or the EU as the case may be. When communicating, processing or treating 
personal data in a particular case, in line with Article 15 the competent authorities of 
Ukraine  shall  abide  by  the  relevant  legislation  of  Ukraine,  and  the  EU  Authorities 
shall  abide  by  the  provisions  of  the  Regulation  (EC)  No  45/2001  of  the  European 
Parliament and of the Council of 18 December 2000 on the protection of individuals 
with regard to the processing of personal data by the EU institutions and bodies and 
on the free movement of such data. 

In particular, the standards of the Convention for the Protection of Individuals with 
regard to Automatic Processing of Personal Data, signed on 28 January 1981 (ETS 
No.  108)  and  of  the  Additional  Protocol  to  the  Convention  for  the  Protection  of 
Individuals  with  regard  to  Automatic  Processing  of  Personal  Data,  regarding 
Supervisory  Authorities  and  Transborder  Data  Flows,  signed  on  8  November  2001 
(ETS No. 181) shall apply to such communication. 

3. 

In addition, the following principles shall apply: 

(a)  both the communicating authority and the receiving authority shall take every 
reasonable step to ensure as appropriate the rectification, erasure or blocking of 
personal data where the processing does not comply with the provisions of this 
Article, in particular because those data are not adequate, relevant, accurate, or 
they  are  excessive  in  relation  to  the  purpose  of  processing.  This  includes  the 
notification of any rectification, erasure or blocking to the other Party; 

(b)  upon request, the receiving authority shall inform the communicating authority 
of the use of the communicated data and of the results obtained there from; 

(c)  personal data may only be communicated to the competent authorities. Further 
communication to other bodies requires the prior consent of the communicating 
authority; 

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(d) 

the  communicating  and  the  receiving  authorities  are  under  an  obligation  to 
make a written record of the communication and receipt of personal data. 

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ANNEX XLIV 

Of TITLE VI: FINANCIAL COOPERATION, WITH ANTI-FRAUD PROVISIONS 

Ukraine  undertakes  to  gradually  approximate  its  legislation  to  the  following  EU  legislation 
within the stipulated timeframes:  

EU  Convention  of  26  July  1995  on  the  protection  of  the  European  Communities'  financial 
interests: 

– 

– 

Article 1 – General provisions, definitions; 

Article 2 (1) by taking the necessary measures to ensure that the conduct referred to 
in Article 1, and participating in, instigating, or attempting the conduct referred to in 
Article  1  (1),  are  punishable  by  effective,  proportionate  and  dissuasive  criminal 
penalties; 

– 

Article 3 – Criminal liability of heads of businesses.  

Timetable: these provisions shall be implemented within 5 years of the entry into force of this 
Agreement. 

Protocol  to  the  Convention  on  the  protection  of  the  European  Communities'  financial 
interests: 

– 

– 

– 

– 

– 

Article 1(1)(c) and Article 1(2) – Relevant definitions 

Article 2 – Passive corruption 

Article 3 – Active corruption 

Article 5 (1) by taking the necessary measures to ensure that the conduct referred to 
in Articles 2 and 3, and participating in and instigating the conduct in question, are 
punishable by effective, proportionate and dissuasive criminal penalties. 

Article 7 as far as it refers to Article 3 of the Convention 

Timetable: these provisions shall be implemented within 5 years of the entry into force of this 
Agreement. 

Second Protocol to the Convention on the protection of the European Communities' financial 
interests  

– 

– 

– 

– 

– 

Article 1 – Definition 

Article 2 – Money laundering 

Article 3 – Liability of legal persons 

Article 4 – Sanctions for legal persons 

Article 12 as far as it refers to Article 3 of the Convention 

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Timetable: these provisions shall be implemented within 5 years of the entry into force of this 
Agreement. 

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