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

Please note

This page contains a limited version of this dossier in the EU Monitor.

 
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
 
(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 3 (‘the Agreement’) was concluded by the Union by Council Decision (EU) 2017/1247 4 and entered into force on 1 September 2017.

(2)Pursuant to Article 153(2) of the Agreement, the 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.

(3)The implementation of each phase should be evaluated by the Association Committee in Trade configuration and, following a positive assessment by that Committee, be linked to the reciprocal granting of market access as set out in Annex XXI-A to the Agreement.

(4)Pursuant to Article 153(3) of the Agreement, the Association Committee in Trade configuration shall only proceed to the evaluation of a subsequent phase once the measures to implement the previous phase have been carried out and approved as per the previous recital.

(5)Pursuant to Article 475(5) of the Agreement, the Association Council shall decide on the reciprocal, further market opening linked to the positive assessment by the Association Committee in Trade configuration of the implementation of each phase as set out in Annex XXI-A to the Agreement.

(6)The Association Committee in Trade configuration is to adopt two decisions in accordance with Article 11(2) of Annex II of Decision No 1/2014 of the EU-Ukraine Association Council of 15 December 2014 on rules of procedure, providing a positive assessment of the approximation of Ukrainian law to Union law in impementation of, respectively, phase 1 and phase 2 as set out in Annex XXI-A to the Agreement.

(7)After these decisions of the Association Committee in Trade Configuration, the Association Council is to adopt two decisions in accordance with Article 11(2) of Annex I of Decision No 1/2014 of the EU-Ukraine Association Council of 15 December 2014 on rules of procedure, on granting further, reciprocal market access linked to the implementation of phase 1 and 2 as set out in Annex XXI-A to the Agreement.

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

(9)It is appropriate to establish the position to be taken on the Union’s behalf in the Association Committee in Trade configuration as well as in the Association Council as the envisaged decisions will be binding on the Union.