Considerations on COM(2023)396 - EU position as regards the positive assessment of the implementation of phases 1 and 2 of Annex XXI-A to the Association Agreement with Ukraine and the market access linked thereto

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dossier COM(2023)396 - EU position as regards the positive assessment of the implementation of phases 1 and 2 of Annex XXI-A to the Association ...
document COM(2023)396 EN
date November  9, 2023
 
table>(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’) was concluded by the Union by means of Council Decision (EU) 2017/1247 (2) and entered into force on 1 September 2017.
(2)Pursuant to Article 153(2) of the Agreement, legislative approximation to the Union public procurement acquis is to be carried out in consecutive phases as set out in the schedule in Annex XXI-A to the Agreement. The implementation of each phase is to be evaluated by the Association Committee established by Article 464(1) of the Agreement, meeting in its Trade configuration pursuant to Article 465(4) of the Agreement (the ‘Association Committee in Trade configuration’) and, following a positive assessment by the Association Committee in Trade configuration, be linked to the reciprocal granting of market access as set out in Annex XXI-A to the Agreement.

(3)Pursuant to Article 153(3) of the Agreement, the Association Committee in Trade configuration is only to proceed to the evaluation of a subsequent phase once the measures to implement the previous phase have been carried out and approved according to the modalities set out in Article 153(2) of the Agreement.

(4)Pursuant to Article 475(5) of the Agreement, the Association Council established by Article 461 of the Agreement is to agree on the reciprocal, further market opening following a positive assessment by the Association Committee in Trade configuration as regards the implementation of each phase as set out in Annex XXI-A to the Agreement.

(5)The Association Committee in Trade configuration is to adopt two decisions in accordance with Article 11(2) of the Rules of Procedure of the Association Committee and of Subcommittees, adopted by means of Decision No 1/2014 of the EU-Ukraine Association Council (3), providing a positive assessment of the approximation of Ukrainian law to Union law in the implementation of, respectively, phase 1 and phase 2 as set out in Annex XXI-A to the Agreement.

(6)After the adoption of the decisions of the Association Committee in Trade Configuration, the Association Council is to adopt two decisions in accordance with Article 11(2) of the Rules of Procedure of the Association Council, adopted by means of Decision No 1/2014 of the EU-Ukraine Association Council, on granting further, reciprocal market access linked to the implementation of, respectively, phase 1 and phase 2 as set out in Annex XXI-A to the Agreement.

(7)As a result of the four decisions to be adopted, the Union and Ukraine should grant reciprocal market access for the procurement of supplies by central government authorities and by state, regional and local authorities and bodies governed by public law.

(8)It is appropriate to establish the position to be taken on the Union’s behalf within the Association Committee in Trade configuration as well as within the Association Council as regards the positive assessment of the implementation of phases 1 and 2 as set out in Annex XXI-A to the Agreement and the market access linked thereto, as the envisaged decisions will be binding on the Union,