Date: 2022-10-20Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2022/1977 of 17 October 2022 on the position to be taken on behalf of the European Union within the EU-Ukraine Association Committee in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards the update of Annex XV (Approximation of customs legislation) to that Agreement
Executive Summary:
This Council Decision establishes the European Union's position within the EU-Ukraine Association Committee in Trade configuration regarding the update of Annex XV to the Association Agreement, which concerns the approximation of customs legislation. The update is necessary due to amendments or repeals of Union acts listed in Annex XV since the Agreement's negotiation and to adjust deadlines based on Ukraine's progress. The decision will be binding on the Union, and the updated Annex XV will be published in the Official Journal of the European Union. The decision came into force on October 17, 2022.
Key Points / Main Content:
* **Purpose:**
* To define the EU's stance on updating Annex XV of the EU-Ukraine Association Agreement.
* The update concerns the approximation of customs legislation.
* **Basis for the Decision:**
* Article 207(4) and 218(9) of the Treaty on the Functioning of the European Union.
* A proposal from the European Commission.
* Article 465(2) of the Agreement, allowing the Association Council to delegate powers.
* Decision No 3/2014 of the Association Council, which delegated power to the Association Committee in Trade configuration to update Annex XV.
* **Update of Annex XV:**
* Union acts listed in Annex XV have been amended or repealed, necessitating an update.
* Deadlines within Annex XV will be adjusted to reflect Ukraine's progress in aligning with EU law.
* **EU Position:**
* The EU's position will be based on the draft Decision of the EU-Ukraine Association Committee in Trade configuration attached to this Council Decision.
* **Publication and Entry into Force:**
* The Decision of the EU-Ukraine Association Committee in Trade configuration will be published in the Official Journal of the European Union after adoption.
* This Council Decision entered into force on October 17, 2022.
Impact Analysis:
European Union:
* Impact: The EU is bound by the decision made in the EU-Ukraine Association Committee in Trade configuration regarding the updated Annex XV.
* Action Required: Ensure that the EU's position aligns with the draft Decision and implement the updated Annex XV.
Ukraine:
* Impact: Ukraine is expected to continue approximating its customs legislation to align with the updated Annex XV, which includes adjusted deadlines that take into account the progress already made.
* Action Required: Continue the process of aligning its customs legislation with the EU acquis, taking into account the adjusted deadlines in the updated Annex XV.
EU-Ukraine Association Committee in Trade Configuration:
* Impact: Responsible for adopting a decision on the update of Annex XV to the Agreement.
* Action Required: To adopt a decision on the update of Annex XV to the Agreement, based on the draft decision attached to the document.
Key Entities Referenced
European Union: One of the parties to the Association Agreement with Ukraine.
Ukraine: One of the parties to the Association Agreement with the European Union.
European Atomic Energy Community: One of the parties to the Association Agreement with Ukraine, along with the European Union and its Member States.
EU-Ukraine Association Agreement: The agreement between the European Union, the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part.
EU-Ukraine Association Committee in Trade configuration: A committee established by the Association Agreement between the European Union and Ukraine, responsible for updating Annex XV to the Agreement.
Annex XV: Approximation of customs legislation to the Association Agreement between the European Union and Ukraine, which is subject to updates.
Treaty on the Functioning of the European Union: A treaty that provides the legal basis for the European Union's actions and decisions.
Association Council: An entity that can delegate powers to the Association Committee, including the power to take binding decisions.
L 272/2 EN Official Journal of the European Union 20.10.2022
DECISIONS
COUNCIL DECISION (EU) 2022/1977
of 17 October 2022
on the position to be taken on behalf of the European Union within the EU-Ukraine Association
Committee in Trade configuration established by the Association Agreement between the European
Union and the European Atomic Energy Community and their Member States, of the one part, and
Ukraine, of the other part, as regards the update of Annex XV (Approximation of customs
legislation) to that Agreement
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4), first subparagraph,
in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) The Association Agreement between the European Union and the European Atomic Energy Community and their
Member States, of the one part, and Ukraine, of the other part(1) (the ‘Agreement’) entered into force on
1 September 2017.
(2) Pursuant to Article 465(2) of the Agreement, the Association Council may delegate to the Association Committee
any of its powers, including the power to take binding decisions.
(3) By Decision No 3/2014 of the Association Council(2), the Association Council delegated to the Association
Committee in Trade configuration the power to update or amend, among others, Annex XV to the Agreement.
(4) The Association Committee in Trade configuration in its next meeting is to adopt a decision on the update of Annex
XV to the Agreement.
(5) Considering that several Union acts listed in Annex XV to the Agreement have been amended or repealed since the
conclusion of the negotiations of the Agreement, it is necessary to update that Annex, including by adjusting
certain deadlines to take into account the progress already made to date by Ukraine in the process of approximation
to the Union acquis.
(6) It is appropriate to establish the position to be taken on the Union’s behalf in the Association Committee in Trade
configuration, as the envisaged decision will be binding on the Union,
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken on the Union’s behalf within the EU-Ukraine Association Committee in Trade configuration
established by the Association Agreement between the European Union and the European Atomic Energy Community and
their Member States, of the one part, and Ukraine, of the other part, at its next meeting, as regards the update of Annex XV
(Approximation of customs legislation) to that Agreement, shall be based on the draft Decision of the EU-Ukraine
Association Committee in Trade configuration attached to this Decision.
(1) OJ L 161, 29.5.2014, p. 3.
(2) Decision No 3/2014 of the EU-Ukraine Association Council of 15 December 2014 on the delegation of certain powers by the
Association Council to the Association Committee in Trade configuration [2015/980] (OJ L 158, 24.6.2015, p. 4).20.10.2022 EN Official Journal of the European Union L 272/3
Article 2
After its adoption, the Decision of the EU-Ukraine Association Committee in Trade configuration referred to in Article 1
shall be published in the Official Journal of the European Union.
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Luxembourg, 17 October 2022.
For the Council
The President
J. BORRELL FONTELLES