Home Europe EU–Ukraine Association Council Decision No 1/2024 of the EU-Ukraine Association Council of ...
Date: 14-Jan-2025 Category: Not Applicable State: Union Government Country: Europe

Decision No 1/2024 of the EU-Ukraine Association Council of 1 October 2024 on the granting of reciprocal market access for supplies for central government authorities in accordance with Annex XXI-A to Chapter 8 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 [2025/59]

Issued by EU–Ukraine Association Council · Not Applicable

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Executive Summary & Key Takeaways

What it means

  • Decision No 1/2024 of the EU-Ukraine Association Council grants reciprocal market access for public procurement of supplies by central government authorities between the European Union and Ukraine. This decision follows a positive assessment of Ukraine's implementation of phase 1 of legislative approximation in public procurement, as outlined in Annex XXI-A to Chapter 8 of the Association Agreement.

Key Changes

  • The decision grants reciprocal market access for public procurement of supplies by central government authorities. This means that EU central government authorities can now access the Ukrainian market for supplies, and Ukrainian central government authorities can access the EU market for supplies.
  • This decision is based on the EU-Ukraine Association Agreement, specifically Article 153, 463 and Article 475(5).
  • The decision is linked to Annex XXI-A of the Association Agreement, which outlines the indicative time schedule for institutional reform, legislative approximation, and market access.
  • The EU-Ukraine Association Committee in Trade configuration gave a positive assessment regarding Ukraine's implementation of phase 1 as set out in Annex XXI-A, according to Decision No 2/2023 of 30 November 2023.
  • The decision was adopted on 1 October 2024 and entered into force on the date of its adoption.

Impact Analysis

Impact on EU Suppliers

  • EU suppliers may need to adapt their products or services to meet the specific needs of Ukrainian central government authorities.

Impact on Ukrainian Suppliers

  • Ukrainian suppliers may face increased competition from EU suppliers in their domestic market.

Impact on EU Central Government Authorities

  • EU central government authorities may need to provide information and support to Ukrainian suppliers to help them navigate the EU procurement process.

Impact on Ukrainian Central Government Authorities

  • Ukrainian central government authorities may need to provide information and support to EU suppliers to help them navigate the Ukrainian procurement process.

Suggested Action Items

  • Monitor the implementation of the decision and provide feedback to relevant government agencies.

Key Entities Referenced

EU-Ukraine Association Council: The governing body responsible for overseeing the implementation of the Association Agreement between the European Union and Ukraine. EU-Ukraine Association Agreement: A comprehensive agreement between the European Union and Ukraine that aims to promote political association and economic integration. Annex XXI-A: An annex to Chapter 8 of the Association Agreement that outlines the indicative time schedule for institutional reform, legislative approximation, and market access in the area of public procurement. EU-Ukraine Association Committee in Trade configuration: A committee responsible for assessing Ukraine's progress in implementing the public procurement reforms outlined in the Association Agreement. Decision No 2/2023 of the EU-Ukraine Association Committee in Trade configuration: A decision that gave a positive assessment regarding the implementation by Ukraine of phase 1 as set out in Annex XXI-A. European Union (EU): A political and economic union of member states located primarily in Europe. Ukraine: A country in Eastern Europe.
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Official Journal EN of the European Union L series 2025/59 14.1.2025 DECISION NO 1/2024 OF THE EU-UKRAINE ASSOCIATION COUNCIL of 1 October 2024 on the granting of reciprocal market access for supplies for central government authorities in accordance with Annex XXI-A to Chapter 8 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 [2025/59] THE EU-UKRAINE ASSOCIATION COUNCIL, Having regard to 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), and in particular Articles 153, 463 and Article 475(5) thereof, 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 (the ‘Agreement’) was signed on 27 June 2014 and entered into force on 1 September 2017. (2) The Preamble to the Agreement recognises the commitment of Ukraine to gradually approximate its legislation with that of the Union, along the lines set out in the Agreement, and to effectively implement it, thus contributing to the gradual economic integration and deepening of political association of Ukraine with the Union. (3) In accordance with Article 154 of the Agreement, the Parties to the Agreement agree that the effective and reciprocal opening of their respective markets in the area of public procurement is to be attained gradually and simultaneously. (4) Pursuant to Article 153(1) and (2) of the Agreement, Ukraine is to ensure that its existing and future legislation on public procurement is gradually made compatible with the Union’s public procurement acquis. Such legislative approximation is to be carried out in consecutive phases as set out in the schedule in Annex XXI-A (Indicative Time Schedule for Institutional Reform, Legislative Approximation and Market Access) to Chapter 8 of the Agreement (‘Annex XXI-A’). (5) In accordance with Article 153(2) of the Agreement, the implementation of each phase set out in Annex XXI-A is to be evaluated by the Association Committee in Trade configuration. This evaluation may lead to a positive assessment of the implementation of a phase by means of a Decision of that committee. Such a positive assessment is to be linked to the reciprocal granting of market access as set out in Annex XXI-A. (6) In accordance with Decision No 2/2023 of the EU-Ukraine Association Committee in Trade configuration of 30 November 2023 (2), that committee has given a positive assessment regarding the implementation by Ukraine of phase 1 as set out in Annex XXI-A. (7) In accordance with Article 475(5) of the Agreement, the Association Council, under the powers conferred to it by Article 463 of the Agreement, should agree on the further, reciprocal market opening linked to this positive assessment. (8) As set out in Annex XXI-A, this market opening concerns the public procurement of supplies by central government authorities, HAS ADOPTED THIS DECISION: Article 1 Reciprocal market access is hereby granted for public procurement of supplies by central government authorities in the European Union to Ukraine and for public procurement of supplies by Ukrainian central government authorities to the European Union as set out in Annex XXI-A. Article 2 This Decision has been adopted in Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Ukrainian languages, each of them being equally authentic. (1) OJ L 161, 29.5.2014, p. 3. (2) OJ L, 2024/193, 5.1.2024, ELI: http://data.europa.eu/eli/dec/2024/193/oj. ELI: http://data.europa.eu/eli/dec/2025/59/oj 1/2EN OJ L, 14.1.2025 Article 3 This Decision shall enter into force on the date of its adoption. Done at Brussels, 1 October 2024. For the Council The President J. BORRELL FONTELLES 2/2 ELI: http://data.europa.eu/eli/dec/2025/59/oj

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