PURPOSE: to conclude, on behalf of the European Union, the Association Agreement between the European Union and EURATOM and their Member States, of the one part, and Ukraine, of the other part, with the exception of the provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other part.
PROPOSED ACT: Council Decision.
ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.
BACKGROUND: on 22 January 2007, the Council authorised the Commission to open negotiations with Ukraine for the conclusion of a new agreement between the European Union and Ukraine to replace the Partnership and Cooperation Agreement (please refer to the summary of the initial legislative proposal of 15/05/2013 under the procedure file 2013/0151B(NLE)).
These negotiations were successfully finalised and 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 was initialled in 2012.
The Agreement was signed at Brussels on 21 March 2014, subject to its conclusion at a later date, except for certain provisions as regards legal migrants.
It should now be approved on behalf of the Union.
CONTENT: under this proposed Decision, the Council is called upon to approve, on behalf of the Union, the abovementioned Association Agreement between the European Union and Ukraine.
Provisions on legal migrants: this Decision concerns all provisions of the Agreement except for the provisions of Article 17 thereof, which contains specific obligations relating to the treatment of third-country nationals legally employed as workers in the territory of the other Party, and which provisions fall within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union (TFEU). The aim and content of those provisions is distinct from and independent of the aim and content of the other provisions of the Agreement to establish an association between the Parties. A separate decision relating to Article 17 of the Agreement will be adopted in parallel with this Decision.
Provisions on trade: pursuant to Article 218(7) of the Treaty on the Functioning of the European Union, it is appropriate for the Council to authorise the Commission to approve modifications to the Agreement to be adopted by the Association Committee in its Trade configuration on Geographical Indications.
N.B. : the future Agreement should not be construed as conferring rights or imposing obligations which can be directly invoked before Union or Member State courts or tribunals.