Council Decision (EU) 2019/466Show full title

Council Decision (EU) 2019/466

of 18 March 2019

on the position to be taken on behalf of the European Union within the Association Council 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 amendment of Annex XXVII to that Agreement

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 194 and 217, 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’) was concluded by the Union by means of Council Decisions (EU) 2017/1247(2) and (EU) 2017/1248(3) and entered into force on 1 September 2017.

(2) According to Article 273 of the Agreement, the Parties are to adapt their legislation, as referred to in Annex XXVII to the Agreement, in order to ensure that all conditions for the transport of electricity and gas are objective, reasonable, transparent and non-discriminatory, aiming to enhance the security of energy supply in the region.

(3) Furthermore, with a view to making progress towards market integration, including the development of energy interconnections, Article 337 of the Agreement provides that the Parties continue and intensify their cooperation on energy matters, including through gradual approximation in the energy sector.

(4) Article 341 of the Agreement sets out that gradual approximation in the energy sector is to proceed in accordance with the timetable set out in Annex XXVII to the Agreement.

(5) Article 474 of the Agreement provides for an obligation for Ukraine to carry out gradual approximation of its legislation to Union law, including in the energy sector.

(6) The Union acquis in the energy sector has substantially evolved since the conclusion of the negotiations of the Agreement.

(7) Pursuant to Article 463(1) and (3) of the Agreement, the Association Council has the power to take decisions for the purpose of attaining the objectives of the Agreement. In particular, it may update or amend the Annexes to the Agreement, taking into account the evolution of Union law and applicable standards set out in international instruments deemed relevant by the Parties.

(8) The Association Council is therefore to amend Annex XXVII to the Agreement in order to reflect the evolution of the Union acquis.

(9) Article 475 of the Agreement defines in general terms the monitoring of progress in the approximation of Ukrainian law to Union law, including aspects of implementation and enforcement. It provides that the reporting and assessment process will take into account specific modalities defined in the Agreement or decisions by the institutional bodies established under the Agreement.

(10) In order to ensure more effective implementation of reforms, it is necessary to strengthen the monitoring mechanism for energy sector reform.

(11) The Association Council is therefore to amend Annex XXVII to the Agreement in order to provide for more detailed rules for monitoring the approximation of Ukrainian law to Union law in the energy sector.

(12) It is necessary to establish the position to be taken on the Union's behalf within the Association Council, as regards the amendment of Annex XXVII to the Agreement.

(13) The position of the Union within the Association Council should therefore be based on the attached draft Decision,

HAS ADOPTED THIS DECISION:

(1)

OJ L 161, 29.5.2014, p. 3.

(2)

Council Decision (EU) 2017/1247 of 11 July 2017 on the conclusion, on behalf of the European Union, 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, with the exception of the provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other party (OJ L 181, 12.7.2017, p. 1).

(3)

Council Decision (EU) 2017/1248 of 11 July 2017 on the conclusion, on behalf of the European Union, 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, as regards provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other party (OJ L 181, 12.7.2017, p. 4).