Council and Commission Decision (EU, Euratom) 2015/60
of 15 December 2014
on the position to be taken on behalf of the European Union and the European Atomic Energy Community 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 adoption of decisions of the Association Council on the Rules of Procedure of the Association Council and those of the Association Committee and of Sub-Committees, the establishment of two Sub-Committees, and the delegation of certain powers by the Association Council to the Association Committee in Trade configuration

THE COUNCIL OF THE EUROPEAN UNION,
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 in conjunction with Article 218(9) thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 101 thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) Article 486 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 (‘the Agreement’), provides for provisional application of the Agreement in part.
OJ L 161, 29.5.2014, p. 3.
(2) Article 4 of Council Decision 2014/295/EU and Article 4 of Council Decision 2014/668/EU specify which parts of the Agreement are or are to be applied provisionally.
Council Decision 2014/295/EU of 17 March 2014 on the signing, on behalf of the European Union, and provisional application 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 the Preamble, Article 1, and Titles I, II and VII thereof (OJ L 161, 29.5.2014, p. 1).
Council Decision 2014/668/EU of 23 June 2014 on the signing, on behalf of the European Union, and provisional application 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 Title III (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) and Titles IV, V, VI and VII thereof, as well as the related Annexes and Protocols (OJ L 278, 20.9.2014, p. 1).
(3) Pursuant to Article 462(2) of the Agreement, the Association Council is to establish its own rules of procedure.
(4) Pursuant to Article 462(3) of the Agreement, the Association Council is to be chaired in turn by a representative of the Union and a representative of Ukraine.
(5) Pursuant to Article 464(1) of the Agreement, the Association Council is to be assisted in the performance of its duties by an Association Committee and, pursuant to Article 465(1) of the Agreement, the Association Council is to determine in its rules of procedure the duties and functioning of the Association Committee.
(6) Pursuant to Article 466(2) of the Agreement, the Association Council may decide to set up any special committee or body in specific areas necessary for the implementation of the Agreement to assist the Association Council in carrying out its duties. Pursuant to Article 466(3) of the Agreement, the Association Committee may also create sub-committees.
(7) Pursuant to Article 461(1) of the Agreement, the Association Council is responsible for supervising and monitoring the application and implementation of the Agreement. In accordance with Article 465(2) of the Agreement, the Association Council may delegate to the Association Committee any of its powers, including the power to take binding decisions. The Association Council should delegate the power to update or amend the Annexes to the Agreement which relate to Chapters 1 (Annexes I-C and I-D to the Agreement), 2 (Annex II to the Agreement) and 3, 5, 6 and 8 of Title IV (Trade and Trade-related Matters) of the Agreement, pursuant to Articles 463(3) and 465(2) of the Agreement, to the Association Committee in Trade configuration, as set out in Article 465(4) of the Agreement, to the extent that there are no specific provisions in those Chapters relating to the updating or the amendment of those Annexes.
(8) In order to ensure the effective implementation of the Agreement, the Rules of Procedure of the Association Council and those of the Association Committee and of Sub-Committees should be adopted as soon as possible and it should be possible to adopt them by written procedure.
(9) The position of the Union within the Association Council should therefore be based on the attached draft Decisions,
HAVE ADOPTED THIS DECISION: