Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on temporary trade liberalisation supplementing trade concessions applicable to Ukrainian products under 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
Date: 2022-04-27
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: Ukraine, agricultural product, anti-dumping duty, association agreement (EU), import (EU), import price, industrial product, liberalisation of trade, originating product, tariff exemption, tariff quota

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 27.4.2022  COM(2022) 195 final 2022/0138 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on temporary trade liberalisation supplementing trade concessions applicable to Ukrainian products under 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  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  unprovoked  and  unjustified  military  aggression  of  Russia  against  Ukraine  since  24 
February 2022 has had a profound negative impact on Ukraine’s ability to trade with the rest 
of the world, because of the toll imposed on human lives, the need to focus on the defence of 
the  territory,  vast  populations  being  displaced  and  also  because  of  the  destruction  of 
production capacity and the unavailability of a significant share of transport means due to the 
closure of the access to the Black Sea. In this difficult context, Ukraine has asked the Union to 
facilitate  as  much  as  possible  the  conditions  to  enable  the  country  to  maintain  its  trade 
position  with  the  rest  of  the  world  and  further  deepen  its  trade  relations  with  the  Union. 
Measures  to  this  end  include  facilitating  overland  logistics  and  increasing  the  degree  of 
market  liberalisation.  These  measures  would  add  flexibility  and  certainty  for  Ukrainian 
producers.  

Therefore, the Commission is proposing a Regulation of the European Parliament and of the 
Council introducing trade-liberalising measures in the form of the three following measures, 
which should apply for a period of one year:  

– 

– 

– 

Temporary  suspension  of  all  outstanding  tariffs  under  Title  IV  of  the  Association 
Agreement between the EU and Ukraine (hereinafter referred to as ‘the  Association 
Agreement’)1 establishing a deep and comprehensive free trade area (DCFTA). This 
concerns three categories of products:  

 

 

 

industrial products subject to duty phase out by the end of 2022; 

fruits and vegetables subject to the entry-price system; 

agricultural  products  and  processed  agricultural  products  subject  to  tariff-rate 
quotas. 

Temporary non-collection of anti-dumping duties on imports originating in Ukraine 
as of the date of entry into force of this Regulation; and 

Temporary  suspension  of  the  application  of  the  common  rules  for  imports 
(safeguard)2 with respect of imports originating in Ukraine. 

These  temporary  and  exceptional  measures  will  contribute  to  supporting  and  fostering  the 
existing trade flows from Ukraine to the Union. This is in line with one of the main objectives 
of  the  Association  Agreement,  which  is  to  establish  conditions  for  enhanced  economic  and 
trade relations leading towards Ukraine's gradual integration in the EU Internal Market.  

1 

2 

The  Association  Agreement  between  the  European  Union  and  the  European  Atomic  Energy 
Community  and  their  Member  States,  of  the  one  part,  and  Ukraine,  of  the  other  part  (OJ  L 161, 
29.5.2014,  p. 3)  was  signed  by  the  Parties  in  two  parts,  in  March  and  June  2014.  The  Association 
Agreement  has  been  provisionally  applied  in  some  parts  since  1  November  2014.  The  Deep  and 
Comprehensive Free Trade Area (DCFTA) has been provisionally applied since 1 January 2016 and is 
fully in force since 1 September 2017 following ratification by all EU Member States. 
Regulation  (EU)  2015/478  of  the  European  Parliament  and  of  the  Council  of  11  March  2015  on 
common rules for imports (OJ L 83, 27.3.2015, p. 16). 

EN 

1 

  EN 

                                                 
The trade-liberalising measures provided for under the present proposal for a Regulation are 
taken  in  observance  of  the  commitment  in  Article  2  of  the  Association  Agreement  which 
enshrines as an essential element of the Agreement the promotion of respect for the principles 
of sovereignty and territorial integrity, inviolability of borders and independence. In the same 
vein,  the  trade-liberalising  measures  themselves  would  be  conditional  upon  respect  for  the 
same  basic  principles  set  out  in  Article  2,  including  those  providing  that  the  respect  for 
democratic principles, human rights and fundamental freedoms and respect for the principle 
of the rule of law constitute essential elements of that Agreement.  

Furthermore,  the  trade-liberalising  measures  contained  in  this  proposal  aim  at  ensuring,  in 
accordance  with  Article  207(1)  TFEU,  that  the  Union’s  common  commercial  policy  is 
conducted in the context of the principles and objectives of the Union’s external action set out 
in Article 21 TEU.  

Normal safeguard procedures apply.  

• 

Consistency with existing policy provisions in the policy area 

These  trade-liberalising  measures  would  be  consistent  with  the  implementation  of  the 
Association  Agreement  and  in  particular  with  the  Title  IV  establishing  a  DCFTA,  which 
provides that Parties shall progressively establish a free trade area over a transitional period of 
a maximum of 10 years starting from the entry into force of that Agreement. 

In addition, Ukraine has requested in 2021 the activation of the review under Article 29(4) of 
the Agreement with the purpose of considering accelerating and broadening the scope of the 
elimination of customs duties between Ukraine and the Union. 

• 

Consistency with other Union policies 

The  European  Union  has  strongly  condemned  the  Russian  aggression  to  Ukraine  and  has 
undertaken  unprecedented  steps  to  support  the  country  in  this  exceptional  context,  ranging 
from financial assistance, including emergency macro-financial assistance, to the delivery of 
military  equipment.  The  proposed  Regulation  would  therefore  comply  with  the  Union’s 
obligation  under  Article  21(3)  TEU  to  ensure  consistency  between  the  different  areas  of  its 
external  action,  as  well  as  with  Article  207(1)  TFEU  which  provides  that  the  common 
commercial  policy  is  to  be  conducted  in  the  context  of  the  principles  and  objectives  of  the 
Union’s external actions. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  legal  basis  for  the  proposal  is  Article  207(2)  of  the  Treaty  on  the  Functioning  of  the 
European Union. 

• 

Subsidiarity (for non-exclusive competence)  

The common commercial policy, in accordance with Article 3(1)(e) of the TFEU, is defined 
as an exclusive Union competence. Therefore, the subsidiarity principle does not apply. 

• 

Proportionality 

This  proposal  is  necessary  in  order  to  implement  the  common  commercial  policy  and  to 
achieve the objective of supporting Ukraine in its current difficulties economically, also in the 
area of trade with the Union. 

EN 

2 

  EN 

• 

Choice of the instrument 

This  proposal  is  in  accordance  with  Article  207(2)  TFEU,  which  envisages  common 
commercial policy measures.  

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Not applicable. 

• 

Stakeholder consultations 

Not applicable. 

• 

Collection and use of expertise 

Not applicable. 

• 

Impact assessment 

In view of the emergency situation in Ukraine, it is important for the Regulation to enter into 
force as soon as possible. Therefore, no impact assessment was carried out for the measure at 
hand.  However,  the  trade  and  trade-related  provisions  of  the  Association  Agreement  have 
been subject to a sustainability impact assessment commissioned by DG Trade in 2007 which 
fed into the DCFTA negotiation process. That study confirmed that implementation of trade 
and trade-related provisions would have a positive economic impact for the EU as well as for 
Ukraine.  

• 

Regulatory fitness and simplification 

The measure does not increase the regulatory burden of companies.  

• 

Fundamental rights 

These measures would respect the same basic principles as those enshrined in the Association 
Agreement  between  the  EU  and  Ukraine.  In  particular,  Article  2  of  the  Association 
Agreement with Ukraine provides that the respect for democratic principles, human rights and 
fundamental  freedoms  and  respect  for  the  principle  of  the  rule  of  law,  constitute  essential 
elements of that Agreement.  

The  trade-liberalising  measures  would  also  be  in  accordance  with  the  European  Charter  on 
Fundamental Rights. 

4. 

BUDGETARY IMPLICATIONS 

Based on an estimation according to the level of imports from Ukraine in 2021, the European 
Union will see a loss of customs revenue corresponding to less than EUR 31 million annually. 
In addition, the loss of anti-dumping duties is estimated at EUR 34,6 million. This figure is 
very likely to be significantly lower as the level of imports from Ukraine has been affected by 
the conflict. Therefore, the impact on the EU’s own resources will be very limited.  

EN 

3 

  EN 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

On-line  reporting  on  the  evolution  of  bilateral  EU-Ukraine  trade  is  available  via  dedicated 
websites of the European Commission.  

• 

Explanatory documents (for directives) 

Not applicable. 

• 

Detailed explanation of the specific provisions of the proposal 

In view of the emergency situation in Ukraine, the measure aims at increasing the trade flows 
concerning all imports from Ukraine by suspending all outstanding tariffs and import duties 
applied to Ukrainian products. The trade-liberalising measures would be granted in the form 
of full removal of import duties on all products. 

EN 

4 

  EN 

2022/0138 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on temporary trade liberalisation supplementing trade concessions applicable to 
Ukrainian products under the Association Agreement between the European Union and 
the European Atomic Energy Community and their Member States, of the one part, and 
Ukraine, of the other part 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 207(2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Acting in accordance with the ordinary legislative procedure1, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

1 
2 
3 

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 
part2  (the  ‘Association  Agreement’)  constitutes  the  basis  of  the  relationship  between 
the Union and Ukraine. Title IV of the Association Agreement, which relates to trade 
and trade-related matters, has been applied provisionally since 1 January 20163, and is 
fully in force since 1 September 2017 following ratification by all Member States.  

The  Association  Agreement  expresses  the  Parties’  desire  to  strengthen  and  widen 
relations  in  an  ambitious  and  innovative  way,  to  facilitate  and  achieve  gradual 
economic integration, and to  do so  in  compliance with  rights  and obligations  arising 
out of the World Trade Organization membership of the Parties. 

Article  2  of  the  Association  Agreement  establishes,  among  other  things,  respect  for 
democratic  principles,  human  rights  and  fundamental  freedoms  as  well  as  the 
promotion  of  respect  for  the  principles  of  sovereignty  and  territorial  integrity, 
inviolability of borders and independence as essential elements of the Agreement.  

Article 25 of the Association Agreement provides for the progressive establishment of 
a free trade area between the Parties in accordance with Article XXIV of the General 
Agreement  on  Tariffs  and  Trade  (GATT)  1994.  To  that  end,  Article  29  of  the 
Association Agreement provides for the progressive elimination of customs duties in 

(…) 
OJ L 161, 29.5.2014, p. 3. 
Council  Decision  2014/668/EU  of  23  June  2014  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 (OJ L 278, 20.9.2014, p. 1). 

EN 

5 

  EN 

                                                 
(5) 

(6) 

(7) 

accordance with the schedules included in  the Association Agreement  and envisages 
the  possibility  to  accelerate  and  broaden  such  elimination.  Article  48  of  the 
Association  Agreement  provides  that  the  public  interest  is  to  be  considered  before 
applying anti-dumping measures between the Parties. 

The  unprovoked  and  unjustified  military  aggression  of  Russia  against  Ukraine  since 
24  February  2022  has  had  a  profound  negative  impact  on  the  ability  of  Ukraine  to 
trade with the rest of the world, also because of the destruction of production capacity 
and  the  unavailability  of  a  significant  share  of  transport  means  due  to  the  closure  of 
the  access  to  the  Black  Sea.  To  mitigate  the  negative  economic  impact  of  the 
aggression, it is necessary to accelerate the development of closer economic relations 
between the Union and Ukraine in order to provide a quick support to the Ukrainian 
authorities  and  the  population  under  these  exceptional  circumstances.  It  is  therefore 
appropriate and necessary to stimulate trade flows and to grant concessions in the form 
of  trade-liberalising  measures  for  all  products  in  line  with  the  acceleration  of  the 
elimination of customs duties on trade between the Union and Ukraine. 

In  accordance  with  Article  21(3)  of  the  Treaty  on  European  Union,  the  Union  is  to 
ensure  consistency  between  the  different  areas  of  its  external  action.  Pursuant  to 
Article 207(1) of the Treaty on the Functioning of the European Union, the common 
commercial policy is to be conducted in the context of the principles and objectives of 
the Union's external action.  

The  trade-liberalising  measures  established  by  this  Regulation  should  take  the 
following form: (i) the full removal of import duties (‘preferential customs duties’) on 
the  importation  of  industrial  products  from  Ukraine;  (ii)  the  suspension  of  the 
application of the Entry Price System to fruit and vegetables; (iii) the suspension of the 
zero-tariff quotas and the full removal of import duties; (iv) by way of derogation from 
Article  14(1),  subparagraph  1,  of  Regulation  (EU)  2016/1036  of  the  European 
Parliament and of the Council4, anti-dumping duties on imports originating in Ukraine 
made during the application of this Regulation should not be collected at any point in 
time, including after the expiry of this Regulation; and (v) the temporary suspension of 
the  application  of  Regulation  (EU)  2015/478  of  the  European  Parliament  and  of  the 
Council5.  Through  these  measures  the  Union  will,  in  effect,  temporarily  provide 
appropriate economic and financial support to the benefit of Ukraine and its concerned 
economic operators. 

(8) 

In order to prevent fraud, the preferential arrangements established by this Regulation 
should  be  conditional  on  Ukraine  complying  with  all  the  relevant  conditions  for 
obtaining  benefits  under  the  Association  Agreement,  including  the  rules  of  origin  of 
products  concerned  and  the  procedures  related  thereto,  as  well  as  Ukraine's 
involvement  in  close  administrative  cooperation  with  the  Union,  as  provided  for  by 
that Agreement. 

(9) 

Ukraine  should  abstain  from  introducing  new  duties  or  charges  having  equivalent 
effect and new quantitative restrictions or measures having equivalent effect, or from 
increasing  existing  levels  of  duties  or  charges  or  from  introducing  any  other 

4 

5 

Regulation  (EU)  2016/1036  of  the  European  Parliament  and  of  the  Council  of  8  June  2016  on 
protection  against  dumped  imports  from  countries  not  members  of  the  European  Union  (OJ  L  176, 
30.6.2016, p. 21). 
Regulation  (EU)  2015/478  of  the  European  Parliament  and  of  the  Council  of  11  March  2015  on 
common rules for imports (OJ L 83, 27.3.2015, p. 16). 

EN 

6 

  EN 

                                                 
restrictions on trade with the Union, unless clearly justified in the war context. In the 
event  that  Ukraine  fails  to  comply  with  any  of  these  conditions,  the  Commission 
should  be  empowered  to  suspend  temporarily  all  or  part  of  the  preferential 
arrangements established by this Regulation.  

(10)  Article  2  of  the  Association  Agreement  provides  that,  among  others,  respect  for 
democratic  principles,  human  rights  and  fundamental  freedoms  as  well  as  the 
countering  of  weapons  of  mass  destruction,  related  materials  and  their  means  of 
delivery constitute essential elements of relations with Ukraine, which are governed by 
that Agreement. Furthermore, Article 3 of the Association Agreement refers to the rule 
of  law,  good  governance,  the  fight  against  corruption  and  different  forms  of  trans-
national organised crime and terrorism, the promotion of sustainable development and 
effective multilateralism are central to enhancing the relationship between the Parties. 
It is appropriate to introduce the possibility of temporarily suspending the preferential 
arrangements  provided  for  in  this  Regulation  if  Ukraine  fails  to  respect  the  general 
principles  of  the  Association  Agreement,  similarly  to  other  association  agreements 
concluded by the Union. 

(11) 

In  order  to  ensure  uniform  conditions  for  the  implementation  of  this  Regulation, 
implementing  powers  should  be  conferred  on  the  Commission  enabling  it  to 
temporarily suspend the preferential arrangements referred to in points (i), (ii) or (iii) 
of recital 7 and to introduce corrective measures in cases where Union producers  are 
or might be seriously affected by imports under this Regulation. Those powers should 
be  exercised  in  accordance  with  Regulation  (EU)  No  182/2011  of  the  European 
Parliament and of the Council6. 

(12)  Subject  to  an  investigation  by  the  Commission,  it  is  necessary  to  provide  for  the 
possibility  to  reintroduce  the  customs  duties  otherwise  applicable  under  the 
Association  Agreement  for  imports  of  any  products  falling  under  the  scope  of  this 
Regulation which cause, or threaten to cause, serious difficulties to Union producers of 
like or directly competing products. 

(13)  The  Commission's  annual  report  on 

the  Deep  and 
Comprehensive  Free  Trade  Area,  which  is  an  integral  part  of  the  Association 
Agreement, should include a detailed assessment of the implementation of the trade-
liberalising measures established by this Regulation. 

implementation  of 

the 

(14) 

In light of the emergency situation in Ukraine, this Regulation should provide for an 
appropriate  transitory  provision  and  enter  into  force  on  the  day  following  that  of  its 
publication in the Official Journal of the European Union, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Trade-liberalising measures 

1. 

6 

The  preferential  customs  duties  on  importation  into  the  Union  of  certain  industrial 
products  originating  in  Ukraine  that  are  subject  to  a  seven-year  phase-out  in 
accordance with Annex I-A to the Association Agreement shall be set to zero.  

Regulation  (EU)  No 182/2011  of  the  European  Parliament  and  of  the  Council  of  16 February  2011  laying 
down  the  rules  and  general  principles  concerning  mechanisms  for  control  by  Member States  of  the 
Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). 

EN 

7 

  EN 

                                                 
2. 

3. 

4. 

5. 

The  application  of  the  Entry  Price  System  shall  be  suspended  for  those  products 
where  it  applies  as  specified  in  Annex  I-A  to  the  Association  Agreement.  No 
customs duties shall apply to those products.  

All  the  tariff-rate  quotas  established  under  Annex  I-A  to  the  Agreement  shall  be 
suspended  and  the  products  covered  by  those  quotas  shall  be  admitted  for 
importation into the Union from Ukraine without any customs duties.  

By  way  of  derogation  from  Article  14(1),  first  subparagraph,  of  Regulation  (EU) 
2016/1036,  anti-dumping duties on imports originating in  Ukraine  made during the 
application  of  this  Regulation  shall  not  be  collected  at  any  point  in  time, including 
after the expiry of this Regulation.  

The  application  of  Regulation  (EU)  2015/478  shall  be  temporarily  suspended  with 
regard to imports originating in Ukraine. 

Conditions for entitlement to the preferential arrangements 

Article 2 

The  preferential  arrangements  provided  in  Article  1(1),  (2)  and  (3)  shall  be  subject  to  the 
following conditions: 

(a) 

(b) 

(c) 

1. 

2. 

compliance with the rules of origin of products and the procedures related thereto as 
provided for in the Association Agreement;  

the abstention by Ukraine from introducing new duties or charges having equivalent 
effect  and  new  quantitative  restrictions  or  measures  having  equivalent  effect  for 
imports  originating  in  the  Union,  or  from  increasing  existing  levels  of  duties  or 
charges or from introducing any other restrictions, including discriminatory internal 
administrative measures, unless clearly justified in the war context; 

Ukraine's respect for democratic principles, human rights and fundamental freedoms 
and  respect  for  the  principle  of  the  rule  of  law  as  well  as  continued  and  sustained 
efforts with regard to the fight against corruption and illegal activities provided for in 
Articles 2, 3 and 22 of the Association Agreement. 

Article 3 

Temporary suspension 

Where the Commission finds that there is sufficient evidence of Ukraine’s failure to 
comply with the conditions set out in Article 2, it may, by means of an implementing 
act, suspend in whole or in part the preferential arrangements provided for in Article 
1 (1), (2) or (3), in accordance with the examination procedure referred to in Article 
5(2). 

Where  a  Member State  requests  that  the  Commission  suspends  any  of  the 
preferential  arrangements  on  the  basis  of  Ukraine’s  failure  to  comply  with  the 
conditions  set  out  in  Article  2,  point  (b),  the  Commission  shall  provide  a  reasoned 
opinion within four months of such request on whether the claim of Ukraine’s failure 
to  comply  is  substantiated.  If  the  Commission  concludes  that  the  claim  is 
substantiated, it shall initiate the procedure referred to in paragraph 1 of this Article. 

EN 

Article 4 

8 

  EN 

1. 

2. 

3. 

4. 

5. 

6. 

Safeguard clause 

Where  a  product  originating  in  Ukraine  is  imported  on  terms  which  cause,  or 
threaten  to  cause,  serious  difficulties  to  Union  producers  of  like  or  directly 
competing  products,  the  customs  duties  otherwise  applicable  under  the  Association 
Agreement on such product may be reintroduced at any time. 

The Commission shall closely monitor the impact of this Regulation, including with 
regard  to  the  prices  on  the  Union  market,  taking  into  account  the  information  on 
exports,  imports  and  Union  production  of  the  products  subject  to  the  trade-
liberalising measures established by this Regulation. 

The  Commission  shall  take  a  formal  decision  to  initiate  an  investigation  within  a 
reasonable period of time: 

(a) 

(b) 

at the request of a Member State,  

at  the  request  of  any  legal  person  or  any  association  that  does  not  have  legal 
personality,  acting  on  behalf  of  the  Union  industry,  meaning  all  or  a  major 
proportion of Union producers of like or directly competing products, or 

(c) 

on its own initiative if it is apparent to the Commission that there is sufficient 
prima facie evidence of serious difficulties as referred to in paragraph 1. 

For  the  purposes  of  this  Article,  ‘major  proportion’  means  Union  producers  whose 
collective output constitutes more than 50 % of the total Union production of the like 
or directly competing products produced by that portion of the Union industry which 
have  expressed either support for or opposition to the request,  and which represent 
no  less  than  25  %  of  total  production  of  the  like  or  directly  competing  products 
produced by the Union industry. 

Where the Commission decides to initiate an investigation, it shall publish a notice in 
the Official  Journal  of  the  European  Union announcing  the  initiation  of  the 
investigation.  The  notice  shall  provide  a  summary  of  the  information  received  and 
state that any relevant information should be sent to the Commission. It shall specify 
the  period  within  which  interested  parties  may  submit  their  views  in  writing.  Such 
period shall not exceed four months from the date of publication of the notice. 

The  Commission  shall  seek  all  information  it  deems  necessary  and  may  verify  the 
information received with Ukraine or any other relevant source. It may be assisted by 
officials of the Member State on whose territory verification might be sought, if that 
Member State requests such assistance by officials. 

In  examining  whether  serious  difficulties  as  referred  to  in  paragraph 1  exist,  the 
Commission shall take account, inter alia, of the following factors concerning Union 
producers, where the information is available: 

(a)  market share, 

(b)  production, 

(c) 

stocks, 

(d)  production capacity, 

(e) 

(f) 

capacity utilisation, 

employment, 

(g) 

imports, 

EN 

9 

  EN 

7. 

8. 

9. 

1. 

2. 

(h)  prices. 

The  investigation  shall  be  completed  within  six  months  of  the  publication  of  the 
notice referred to in paragraph 3 of this Article. The Commission may by means of 
an implementing act, in the case of exceptional circumstances, extend this period in 
accordance with the examination procedure referred to in Article 5(2). 

Within  three  months  of  the  completion  of  the  investigation,  the  Commission  shall 
take  a  decision  on  whether  to  reintroduce  the  customs  duties  otherwise  applicable 
under  the  Association  Agreement  by  means  of  an  implementing  act,  in  accordance 
with  the  examination  procedure  referred  to  in  Article 5(2).  That  implementing  act 
shall enter into force within one month of its publication.  

The  customs  duties  otherwise  applicable  under  the  Association  Agreement  may  be 
reintroduced for as long as necessary to counteract the deterioration in the economic 
or  financial  situation  of  Union  producers,  or  for  as  long  as  the  threat  of  such 
deterioration persists. Where the facts as finally established show that the conditions 
set  out  in  paragraph  1  of  this  Article  are  not  met,  the  Commission  shall  adopt  an 
implementing  act  terminating  the  investigation  and  proceedings  in  accordance  with 
the examination procedure referred to in Article 5(2). 

Where exceptional circumstances requiring immediate action make an investigation 
impossible,  the  Commission  may,  after  informing  the  Customs  Code  Committee 
referred to in Article 5(1), take any preventive measure which is necessary. 

Article 5 

Committee procedure 

The  Commission  shall  be  assisted  by  the  Customs  Code  Committee  established  by 
Article 285 of Regulation (EU) No 952/2013 of the European Parliament and of the 
Council7.  That  Committee  shall  be  a  committee  within  the  meaning  of  Regulation 
(EU) No 182/2011. 

Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU) 
No 182/2011 shall apply. 

Article 6 

Assessment of the implementation of the trade-liberalising measures 

The Commission's annual report on the implementation of the Deep and Comprehensive Free 
Trade Area shall include a detailed assessment of the implementation of the trade-liberalising 
measures  provided  for  in  this  Regulation  and  shall  include,  insofar  as  appropriate,  an 
assessment  of  the  social  impact  of  those  measures  in  Ukraine  and  in  the  Union. 
Information on imports of products under Article 1(3) shall be made available via the website 
of the Commission. 

Article 7 

Transitory provision 

7 

Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down 
the Union Customs Code (OJ L 269, 10.10.2013, p. 1). 

EN 

10 

  EN 

                                                 
3. 

1. 

2. 

The  preferential  arrangements  referred  to  in  Article  1(1),  (2)  or  (3)  shall  apply  to 
products which on the date of entry into force of this Regulation are either in transit 
from  Ukraine  to  the  Union  or  under  customs  control  in  the  Union,  subject  to  the 
making of a claim to that effect to the responsible customs authorities of the Union 
within six months of that date. 

Article 8 

Entry into force and application 

This Regulation shall enter into force on the day following that of its publication in 
the Official Journal of the European Union. 

This Regulation shall apply until [one year from the date of its entry into force].  

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

EN 

11 

  EN