EU-UKRAINE ASSOCIATION AGREEMENT

On 16.09.2014 the Ukrainian and European Parliaments synchronously ratified the EU-Ukraine Association Agreement (hereinafter – “Agreement”).
Key Principles and Stages of Entry into Force of the EU-Ukraine Association Agreement
It shall be reminded that there were 2 stages of signing the Agreement:
1. 21.03.2014 – signing of a so-called political part of the Agreement (Preamble, Article 1, Sections I, II, VII);
2. 27.06.2014 – signing of provisions on trade, economy and industries (Sections III, IV, V, VI).
Pursuant to the Law of Ukraine on its ratification, the Agreement shall enter into force on the first day of the second month following the date of deposit of the last instrument of ratification or approval to the General Secretariat of the Council of the European Union. For the time being, the Agreement has been ratified by several countries (Bulgaria, Lithuania, Latvia, Malta and Romania).
As it will take some time for all EU countries to ratify the Agreement, Ukrainian Parliament resolved to apply the Agreement prior to its coming into force.
In particular, the Agreement is subject to provisional application beginning with the first day of the second month following the day when the General Secretariat of the Council of the European Union has received:
– notification of the EU on completion of the procedures necessary for this purpose, indicating the parts of the Agreement that shall be provisionally applied; and – Ukraine’s deposit of the instrument of ratification.
At this, pursuant to the notice of the European Commission as of 12.09.2014 the application of provisions on Deep and Comprehensive Free Trade Zone will be postponed till 31 December 2015 inclusive. Therefore, establishment of a free trade zone (in particular, application of Section IV covering the trade and trade-related issues) is delayed till 31.12.20154.
However, during this period EU plans to continue to apply autonomous trade preferences to Ukraine.
It shall also be noted that within the ratification Ukraine agreed to fulfill its obligations5 to ratify the Rome Statute of the International Criminal Court 1998 which are envisaged by the Agreement and directed at the enforcement of peace and international justice after the respective amendments to the Ukrainian Constitution.
Lawyers from Arzinger Law Office continue to expand their expertise and experience related to the EU-Ukraine Association Agreement and changes entailed thereby, including analysis of the legislation subject to harmonization. Our lawyers have already carried out detailed analysis of the Association Agreement and conducted a number of seminars for our clients covering influence of the Agreement on perspectives of doing business in single industries, as well as are authors of many publications clarifying various aspects of the Association Agreement.
On 24 September 2014 Lana Sinichkina will hold a presentation “EU-Ukraine Association Agreement: Key Legal Aspects and Influence on the Food & Beverage Industry” within the International Legal Forum “Ukraine-EU”.
Moreover, Arzinger has established a cross-industrial task force dealing with practical issues related to the influence of the Association Agreement on clients’ business processes.
We would be happy to discuss with you in further detail any issues outlined in this alert as well as to answer any questions, should the need arise.

Sincerely yours,
Lana Sinichkina
Partner
Lana.Sinichkina@arzinger.ua