Proposal for a COUNCIL DECISION amending the Council Decision on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards Title III (with the exception of the provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other Party) and Titles IV, V, VI and VII thereof, as well as the related Annexes and Protocols
Date: 2014-09-23
Institutions: European Commission
Subjects: Ukraine, association agreement (EU), protocol to an agreement, signature of an agreement













EUR-Lex - 52014PC0609 - EN











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52014PC0609

Proposal for a COUNCIL DECISION amending the Council Decision on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards Title III (with the exception of the provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other Party) and Titles IV, V, VI and VII thereof, as well as the related Annexes and Protocols /* COM/2014/0609 final - 2014/0282 (NLE) */









EXPLANATORY MEMORANDUM
1. CONTEXT OF THE PROPOSAL/BACKGROUND
In the Joint Ministerial Statement on the
implementation of the EU-Ukraine Association Agreement/Deep and Comprehensive
Free Trade Area of 12 September 2014 following the tri-lateral consultations
between the European Union, the Russian Federation and Ukraine, the EU side
agreed to propose, as part of a comprehensive peace process in Ukraine, to
delay until 31 December 2015 the provisional application of the DCFTA (Title
IV) while continuing autonomous trade measures of the EU to the benefit of
Ukraine during this period. For its part, Russia confirmed that the CIS-FTA preferential regime with Ukraine will continue to apply.
Consultations will continue and shall be part of an overall peace process in Ukraine, respecting Ukraine's territorial integrity as well as its right to decide its own destiny.
Consequently, in order to support the
political and economic stability of Ukraine, the Commission proposes that, in
addition to Title I, Article 4,5 and 6
of Title II and Title VII (with the exception of Article 479(1)) of the
Agreement, as provided for in the Council Decision 2014/295/EU of 17 March
2014, for Titles III, V, VI and VII, and the related Annexes
and Protocols, the notification provided in Article 486 of the Agreement be
made without delay, while for Title IV, and the related Annexes and Protocols, a
notification will be made so that the provisional application takes effect on 1
January 2016. A similar approach should be followed in the case of practical
applications of provisions in Title VII specifically related to Title IV. 
2. LEGAL ELEMENTS OF THE PROPOSAL
On the part of the Union, the legal basis
of the amending Decision is Article 217, in conjunction with Article
218(5) and the second subparagraph of Article 218(8) TFEU. 
The proposal aims at amending the Council
Decision on the signing, on behalf of the European Union, and provisional
application of the Association Agreement between the European Union and the
European Atomic Energy Community and their Member States, of the one part, and
Ukraine, of the other part, as regards Title III (with the exception of the
provisions relating to the treatment of third-country nationals legally
employed as workers in the territory of the other Party) and Titles IV, V, VI
and VII thereof, as well as the related Annexes and Protocols (the
"Council Decision of 20 June 2014") in order to allow for the
provisional application of Titles III, IV, V, VI and VII, and the related
Annexes and Protocols of the Association Agreement to take effect in stages. 
It is thus proposed that, in addition to Title I, Article 4,5 and 6 of Title II
and Title VII (with the exception of Article 479(1)) of the Agreement, as
provided for in the Council Decision 2014/295/EU of 17 March 2014, in
order to implement Article 4 of the Council Decision of 20 June 2014, for Titles III, V, VI and VII, and the relating
Annexes and Protocols the notification provided in Article 486 of the Agreement
be made without delay, while for Title IV, and the related Annexes and
Protocols, a notification will be made so that the provisional application takes
effect on 1 January 2016.
The gradual provisional application of Titles
III, IV, V, VI and VII, and the related Annexes and Protocols of the Association
Agreement does not prejudge the allocation of competences between the Union and
its Member States in accordance with the Treaties.
2014/0282 (NLE)
Proposal for a
COUNCIL DECISION
amending the Council Decision on the
signing, on behalf of the European Union, and provisional application of the
Association Agreement between the European Union 
and the European Atomic Energy Community and their Member States, of the one
part, 
and Ukraine, of the other part, 
as regards Title III (with the exception of the provisions relating to 
the treatment of third-country nationals legally employed as workers 
in the territory of the other Party) 
and Titles IV, V, VI and VII thereof, as well as the related Annexes and
Protocols

THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
and in particular Article 217, in conjunction with Article 218(5) and the
second subparagraph of Article 218(8) thereof, 
Having regard to the proposal from the
European Commission,
Whereas:
(1)       On 20 June 2014 the
Council adopted the Decision on the signing, on behalf of the European Union,
and provisional application of the Association Agreement between the European
Union and the European Atomic Energy Community and their Member States, of the
one part, and Ukraine, of the other part, as regards Title III (with the
exception of the provisions relating to the treatment of third-country
nationals legally employed as workers in the territory of the other Party) and
Titles IV, V, VI and VII thereof, as well as the related Annexes and Protocols[1].
(2)       According to the agreed
outcome at the trilateral ministerial meeting on 12 September 2014 between the
EU, Ukraine and Russia on the implementation of the EU-Ukraine Association
Agreement/Deep and Comprehensive Free Trade Area, the Commission proposes to
Member States to delay until 31 December 2015 the provisional application of
the trade-related provisions of the Association Agreement (Title IV), and at
the same time to continue application of the EU's autonomous trade measures for
the benefit of Ukraine. For its part, Russia confirmed that the CIS-FTA
preferential regime with Ukraine will continue to apply. Consultations will
continue and shall be part of an overall peace process in Ukraine, respecting Ukraine's territorial integrity as well as its right to decide its own destiny.
(3)       The provisional
application of Titles III, IV, V, VI and VII, and the related Annexes and
Protocols of the Association Agreement will take effect in different stages.
Therefore, for Titles III, V, VI and VII, and the related Annexes and Protocols
a notification pursuant to Article 486 of the Agreement will be made without
delay, while for Title IV, and the related Annexes and Protocols, a
notification will be made so that the provisional application takes effect on 1
January 2016.
(4)       The provisional
application of the relevant provisions of Titles III, IV, V, VI and VII, and
the related Annexes and Protocols, of the Association Agreement will take
effect in different stages. Therefore, for Titles III, V, VI and VII, and the related
Annexes and Protocols, the notification provided in Article 486 of the
Agreement will be made without delay, in conjunction with the notification of
provisions provided for in Article 4 Council Decision 2014/295/EU of
17 March 2014, while for Title IV, and the related Annexes and
Protocols, the notification will be made so that the provisional application
takes effect on 1 January 2016.
(5)       The Council Decision on
the signing, on behalf of the European Union, and provisional application of
the Association Agreement between the European Union and the European Atomic
Energy Community and their Member States, of the one part, and Ukraine, of the
other part, as regards Title III (with the exception of the provisions relating
to the treatment of third-country nationals legally employed as workers in the
territory of the other Party) and Titles IV, V, VI and VII thereof, as well as
the related Annexes and Protocols should therefore be amended accordingly,
HAS ADOPTED THIS DECISION: 
Article 1
Council Decision on the signing, on behalf
of the European Union, and provisional application of the Association Agreement
between the European Union and the European Atomic Energy Community and their Member
States, of the one part, and Ukraine, of the other part, as regards Title III
(with the exception of the provisions relating to the treatment of
third-country nationals legally employed as workers in the territory of the
other Party) and Titles IV, V, VI and VII thereof, as well as the related
Annexes and Protocols is hereby amended as follows:
In Article 4, the following paragraphs
shall be added:
'As regards Titles III, V, VI and VII, and
the related Annexes and Protocols, this Article shall be implemented by making a
notification pursuant to Article 486 of the Agreement without delay.
As regards Title IV, and the related Annexes
and Protocols, this Article shall be implemented by making a notification pursuant
to Article 486 of the Agreement so that provisional application takes effect on
1 January 2016'.
Article 2
This Decision shall enter into force on the
date of its adoption. 
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               Council Document 11126/14 of 20 June 2014;