EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

Europaudvalget 2022-23 (2. samling)
EUU Alm.del Bilag 135
Offentligt

REPORT

ACTIVITIES OF THE VERKHOVNA RADA OF UKRAINE

IN EUROPEAN INTEGRATION AFTER UKRAINE'S

STATUS OF CANDIDATE FOR EUROPEAN

UNION MEMBERSHIP

Kyiv 2022

EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

TABLE OF CONTENTS

INTRODUCTION

EXECUTIVE SUMMARY

SECTION 1.

SECTION 2.

2022

SECTION 3.

2022

FURTHER STEPS

APPENDIX 1.

2022

APPENDIX 2.

2022

EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

INTRODUCTION

The Ukrainian people's desire to live in a family

of European nations has become the main

driving force behind the transformational de-

mocratic changes in our country over the past

decade. European values serve as a priority.

Despite the ongoing armed aggression launched by russia against Ukraine, our course

remains unchanged and irreversible.

On the ﬁfth day

after russia's full-scale invasion, President

of Ukraine Volodymyr Zelenskyy signed an application for Ukraine's membership in the Euro-

pean Union, thereby conﬁrming the Ukrainian people's respect for the principles enshrined in

Article 2 of the EU Treaty and the readiness to defend and uphold them. At the June 23, 2022

meeting of the European Council where Ukraine's application was considered, leaders of EU

member states made a historic decision to grant Ukraine candidate status for EU membership.

On July 1, 2022, President of Ukraine Volodymyr Zelenskyy, Speaker of the Verkhovna Rada

of Ukraine Ruslan Stefanchuk and Prime Minister of Ukraine Denys Shmyhal signed a Joint

Statement on the decision of the European Council to grant Ukraine candidate status for

EU membership in which they conﬁrmed Ukraine's devotion to European values; resolute

commitment to implement recommendations of European institutions; willingness to

strengthen institutional capacity of Ukraine to ensure progress in European integration re-

forms and access to EU

ﬁnancial

support; readiness to ensure preparation and conduct of EU

accession negotiations; and, Ukraine's commitment to effectively participate in EU institutions

after earning full membership.

Ukraine continues to resolutely

ﬁght

for the right to be a European state, not only on the

battleﬁeld, but also through legislation. Modern challenges and threats, minimized due to

unwavering support of Ukraine by our European partners, did not prevent the Ukrainian state

from purposefully moving towards achieving compliance with the Copenhagen criteria for

membership and readiness to join the EU. This is conﬁrmed by the Verkhovna Rada's legislati-

ve activity.

The focus of lawmaking to ensure convergence of Ukraine and the EU in political, economic

of Ukraine and the EU in politica economic

The

and legal dimensions was implementing the Association Agreement as ratiﬁed by the

legal dimensions was implementing

Association

ratiﬁed by the

Verkhovna

the European Parliament

September

In addition to

Verkhovna Rada and the European Parliament on September 16, 2014. In addition to

implementing the Association Agreement,the Verkhovna Rada administered systematic work

Agreemen, the Verkhovna Rada

on European Commission recommendations related to Ukraine’s application for membership

related to Ukrain’s application for membership

of the EU to ensure an immediate transition to the next stage of EU integration – accession

transition to the not stage of EU integration – accession

negotiations.

The Verkhovna Rada is grateful to the European Parliament and the parliaments of EU

member states for the unwavering support of Ukraine and its people on the path to full EU

membership. We count on solidarity and support in the future for our earliest possible common

victory.

R. Stefanchuk

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EXECUTIVE SUMMARY

After Ukraine was awarded candidate status for EU accession, the Verkhovna Rada of Ukraine

reinforced its activities to fulﬁll international legal obligations in European integration. In

cooperation with the executive branch of government, the Rada identiﬁed priority draft laws to

be considered.

In pursuance of recommendations provided in the opinion of the European Commission on

Ukraine's application for EU membership dated June 17, 2022, the Verkhovna Rada adopted

six laws and two resolutions.

As part of implementation 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, after Ukraine's candidate status for EU accession, the Verkhovna Rada adopted

35 laws.

ACTS OF THE VERKHOVNA RADA IN DIFFERENT FIELDS OF THE EUROPEAN INTEGRATION

Justice, freedom, security, human rights

Environment and civil protection

Entrepreneurship

Intellectual property

Customs affairs

Technical barriers to trade

Science, technology and innovations, space investigations

Statistics and information exchange

Public health

Humanitarian policy

Sanitary and phytosanitary measures

Transport, transport infrastructure,

postal and courier services

Some Verkhovna Rada acts are aimed at both implementing European Commission

recommendations and the Association Agreement between Ukraine and the EU. For con-

venience, the acts adopted by the Verkhovna Rada are systematized in chronological order

according to the Association Agreement in accordance with the government system of

monitoring its implementation.* Key report concepts are presented in the form of infogra-

phics. The information contained in the report reﬂects the situation as of December 21, 2022.

* pulse.kmu.gov.ua

EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

each European draft law is now accompanied by an article-by-article table of

concordance with the EU Law and an ofﬁcial translation of the EU Directive

or Regulation which is being implemented;

the work is under way to develop a uniﬁed parliamentary-governmental

information database to adapt Ukraine’s legislation to the EU Law; the work

is in progress to establish a state service (a bureau) to provide translation of

legal acts.

EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

The Draft Law № 8242 on amendments to the Verkhovna Rada's Rules of Procedure

to regulate issues of introduction, consideration and adoption of European integ-

ration draft laws was registered on November 28, 2022. This Draft Law, in particular,

provides the following:

draft laws aimed at approximation of Ukraine's legislation to the EU Law

shall be included in the Verkhovna Rada session agenda in an

unscheduled manner, without the need for MPs to vote on a decision

to include such draft laws in the agenda;

it shall be required that such draft laws are supported by

additional accompanying documents both at the time of their

registration and at all stages of passage in parliament;

i ion

in g ion

o ig ion

in ion

n ion

the second reading procedure shall be applied when considering

draft laws aimed at Ukraine's Law approximation to the EU Law;

the text of the draft law prepared for consideration in the second

reading may be improved on the basis of conclusions of the additional

examination performed by the Cabinet of Ministers of Ukraine and/or

the Committee whose area of responsibility includes assessing the draft

laws compliance with Ukraine's international legal obligations in

European integration.

EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

of the one part, and Ukraine, of the other part (hereinafter — the Association

EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

RECOMMENDATION 2.

Finalise the integrity vetting of the candidates for the High Council of Justice

members by the Ethics Council and the selection of candidate to establish the

High Qualiﬁcation Commission of Judges of Ukraine.

On the Election of Moroz M.V. to the Position of a Member of the High Council

of Justice

The Resolution

of the Verkhovna Rada № 2498-IX, August 15, 2022

Objective:

to elect members of the High Council of Justice according to the

parliamentary quota.

Main provisions:

to elect Moroz Mykola Volodymyrovych to the position of a

member of the High Council of Justice.

Pursuant to:

the European Commission recommendations referred to in Section 4 “Con-

clusions and Recommendations” of the Commission Opinion on Ukraine's

application for membership of the European Union (Communication from

the Commission to the European Parliament, the European Council and the

Council as of 17 June 2022 COM (2022) 407).

On the Election of Maselko R.A. as a Member of the High Council of Justice

The Resolution

of the Verkhovna Rada № 2499-IX, August 18, 2022

Objective:

to elect members of the High Council of Justice according to the

parliamentary quota.

Main provisions:

to elect Roman Anatoliyovych Maselko to the position of a

member of the High Council of Justice.

Pursuant to:

the European Commission recommendations referred to in Section 4 “Con-

clusions and Recommendations” of the Commission Opinion on Ukraine's

application for membership of the European Union (Communication from

the Commission to the European Parliament, the European Council and the

Council as of June 17, 2022 COM (2022) 407).

3. zakon.rada.gov.ua/laws/show/2498-20#Text

4. zakon.rada.gov.ua/laws/show/2499-20#Text

EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

RECOMMENDATION 4.

Ensure that anti-money laundering legislation is in compliance with the standards

of the Financial Action Task Force (FATF); adopt an overarching strategic plan for

the reform of the entire law enforcement sector as part of Ukraine's security

environment.

On Amendments to Certain Laws of Ukraine on Improving the Regulation of

Ultimate Beneﬁcial Ownership and Ownership Structure of a Legal Entity

Law

№ 2571-IX, September 6, 2022

Objective:

to simplify the presentation of information on ultimate beneﬁcial

owners and ownership structure, speed up the veriﬁcation of the information

provided and create a system of methodological assistance to legal entities.

Main provisions:

modernize requirements on the information entry in the Uniﬁed

State Register of Legal Entities, Individual Entrepreneurs and Public Associations

as regards an ultimate beneﬁcial owner or absence thereof and/or ownership

structure; veriﬁcation of the information provided, including by means of

automatic veriﬁcation through the Uniﬁed State Web Portal of Electronic Services;

improve the procedure for settling discrepancies between information on

ultimate beneﬁcial owners and ownership structure; clarify certain aspects of the

information presentation on the ultimate beneﬁcial owners of legal entities by

lawyers, notaries, auditors, and other.

Pursuant to:

the provisions of subsection 6 of chapter 6 of Section IV, chapter 13 of section V,

Annexes XVII and XXXIV of the Association Agreement between Ukraine and

the EU;

Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May

2015 “On the prevention of the use of the ﬁnancial system for the purposes

of money laundering or terrorist ﬁnancing, amending Regulation (EU) No

648/2012 of the European Parliament and of the Council and repealing Council

2005/ 60/EC and Commission Directive 2006/70/EC”;

Directive (EU) 2017/1132 of the European Parliament and of the Council of 14

June 2017 relating to certain aspects of corporate law;

5. zakon.rada.gov.ua/laws/show/2571-20#Text

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compliance

preventing

EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

648/2012 of the European Parliament and of the Council and repealing the

Directive of the European Parliament and Council Directive 2005/60/EC and

Commission Directive 2006/70/EC”;

and The

Council as of June 17, 2022 COM (2022) 407);

ratify

EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

the Commission to the European Parliament, the European Council and the

Council as of June 17, 2022 COM (2022) 407).

the Commission to the European Parliament, the European Council and the

Council as of June 17, 2022 COM (2022) 407).

EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

the Law

dated December 13, 2022

the Commission to the European Parliament, the European Council and the

Council as of June 17, 2022 COM (2022) 407).

EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

SECTION .

IMPLEMENTATION OF THE ASSOCIATION AGREEMENT

BETWEEN UKRAINE AND THE EU IN THE PERIOD

FROM JUNE 23, 2022

The Verkhovna Rada of Ukraine continues coordinated and consistent work to fulﬁll

the international legal obligations of Ukraine, stipulated by the Association Agreement

between Ukraine and the EU. Legislative work in the ﬁeld of European integration

permeates all spheres of public life and is aimed at bringing the national regulatory

ﬁeld in line with European norms and standards. Compliance with qualitative and

quantitative indicators when adopting bills aimed at implementing the Association

Agreement will ensure Ukraine's utmost readiness to open negotiations on EU

accession and fulﬁll future requirements that will be presented to Ukraine in the con-

text of 35 negotiating chapters of the EU acquis.

legislative

acts

Since Ukraine was granted a status of a candidate for member-

ship in the European Union, pursuant to the provisions of the

Association Agreement, the Verkhovna Rada of Ukraine has

considered and adopted 35 legislative acts, information about

which is provided in this Section.

AREA 1

JUSTICE, FREEDOM, SECURITY, HUMAN RIGHTS

Ratiﬁcation of the Additional Protocol to the Council of Europe Convention on

the Prevention of Terrorism

Law

№ 2589-IX, September 20, 2022

On Amendments to Certain Legislative Acts of Ukraine in Connection with the

Ratiﬁcation of the Convention on Choice of Court Agreements

Law

№ 2627-ІХ, September 21, 2022

Objective:

create legal framework for the implementation in Ukraine of the

Convention on Choice of Court Agreements; regulate the issues of contractual

jurisdiction and the corresponding powers of courts in the legislation of Ukraine;

ensure the recognition and enforcement by foreign countries of court judg-

ments in civil and economic cases issued by the courts speciﬁed in the agree-

ments on choice of court.

8. zakon.rada.gov.ua/laws/show/2589-20#Text

9. Information on this Law is provided in Section 2 of this Report.

10. zakon.rada.gov.ua/laws/show/2627-20#Text

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expand the list

EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

the Law

№ 2802-IX, December 1, 2022

the Law

№ 2846-IX, December 13, 2022¹⁶

the Law

dated December 13, 2022¹⁸

EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

04.04.2001

EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

Commission Regulation (EC) No 282/2008 of 27 March 2008 on recycled plastic

materials and articl es intended to come into contact with foods;

Commission Regulation (EC) No 2023/2006 of 22 December 2006 on good

manufacturing practice for materials and articles intended to come into

contact with food;

Commission Regulation (EC) No 450/2009 of 29 May 2009 on active and

intelligent materials and articles intended to come into contact with food.

EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

AREA

ENTREPRENEURSHIP

On Amendments to the Law of Ukraine “On Accounting and Financial Repor-

ting in Ukraine

Law

№ 2435-IX, July 19, 2022

Objective:

improve the legal framework for accounting and ﬁnancial reporting

in accordance with the provisions of European legislation.

Main provisions:

introduced concepts and categories of the parent and daughter

companies; exempted small and medium groups from mandatory preparation

and presentation of consolidated ﬁnancial statements; improved standards for

the presentation of ﬁnancial statements prepared in accordance with Inter-

national Financial Reporting Standards based on the taxonomy of ﬁnancial

statements in a single electronic format; updated the list of enterprises that

prepare ﬁnancial statements in accordance with these Standards; clariﬁed

requirements for disclosure of consolidated ﬁnancial statements.

Pursuant to:

Chapter 13 of Section V and Annex XXXV of the Association Agreement bet-

ween Ukraine and the EU;

Directive 2013/34/EU of the European Parliament and of the Council of 26 June

2013 on the annual ﬁnancial statements, consolidated ﬁnancial statements

and related reports of certain types of undertakings.

On Joint-Stock Companies

Law

№ 2465-IX, July 27, 2022

Objective:

to improve the level of corporate governance in business entities in

accordance with European practices and standards.

Main provisions:

introduced a procedure for holding a general meeting using

electronic voting; a procedure for recording the shares of limited and additional

liability companies in the accounting system of the Central Securities Deposito-

ry; provided the possibility of introducing a single-level company management

structure in joint-stock companies; regulated issues of responsibility of a joint-

stock company ofﬁcials; regulated mergers and acquisitions, spin-off and

separation of joint-stock companies.

21. zakon.rada.gov.ua/laws/show/2435-20#Text

22. zakon.rada.gov.ua/laws/show/2465-20#Text

EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

Pursuant to:

Article 91 of Chapter 6 of Section IV, Article 387 of Chapter V and Annex XVI of

the Association Agreement between Ukraine and the EU;

Directive (EU) 2017/1132 of the European Parliament and of the Council of 14

June 2017 relating to certain aspects of corporate law;

Directive 2007/36/EC of the European Parliament and of the Council of 11 July

2007 on the exercise of certain rights of shareholders in listed companies.

On Amendments to Certain Laws of Ukraine on Improving the Regulation of

Ultimate Beneﬁcial Ownership and Ownership Structure of a Legal Entity

Law

№ 2571-IX, September 6, 2022

On Amendments to Certain Laws of Ukraine on Improving the Legal Frame-

work for Audit Activity in Ukraine

Law

№ 2597-IX, September 20, 2022

Objective:

improve the legal framework for the audit of ﬁnancial statements and

the audit activity in Ukraine; implement the provisions of the EU Law and create

favorable conditions for their further development; improve the quality of audit

services and integrate the Ukrainian audit services providers into the European

market of audit services.

Main provisions:

ensure the terminological consistency with the EU legislation;

precise the requirements for auditors, audit ﬁrms, audit reports; the rules for

attestation of auditors; the rules of conduct of the statutory audit; and, the

procedure for monitoring the quality of audit services.

Pursuant to:

Article 76, Chapter 5 of Section IV, Article 263 of Part 2 of Chapter 10 of Section

IV, provisions of Chapter 3 and Chapter 13 of Section V, Annex XXXV of the

Association Agreement between Ukraine and the EU;

Directive 2006/43/EC of the European Parliament and of the Council of 17 May

2006 on statutory audits of annual accounts and consolidated accounts,

amending Council Directives 78/660/EEC and 83/349/EEC and repealing

Council Directive 84/253/EEC;

23. zakon.rada.gov.ua/laws/show/2571-20#Text

24. Information on this Law is provided in Section 2 of this Report.

25. zakon.rada.gov.ua/laws/show/2597-20#Text

EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

Regulation (EU) No 537/2014 of the European Parliament and of the Council of

16 April 2014 on speciﬁc requirements regarding statutory audit of public-

interest entities and repealing Commission Decision 2005/909/EC.

On Amendments to the Code of Ukraine on Administrative Offenses and the

Criminal Procedure Code of Ukraine on Electronic Trust Services and Electro-

nic Identiﬁcation

Law

№ 2685-IX, October 18, 2022

Objective:

ensure the terminological consistency in the sectoral legislation in the

ﬁeld of electronic identiﬁcation and electronic trust services based on the EU Law

and the experience of EU Member States in order to simplify access to electronic

services.

Main provisions:

bring the conceptual framework for electronic identiﬁcation

and electronic trust services in criminal proceedings and court proceedings in

cases of administrative offenses in line with the Law of Ukraine “On Electronic

Trust Services”.

Pursuant to:

Article 124 of subsection 5 of part 5 of chapter 6 of section IV of the Association

Agreement between Ukraine and the EU;

Regulation (EU) No 910/2014 of the European Parliament and of the Council of

23 July 2014 on electronic identiﬁcation and trust services for electronic

transactions in the internal market and repealing Directive 1999/93/EC.

On Amendments to Certain Legislative Acts of Ukraine to Ensure the Conclusion

of an Agreement Between Ukraine and the European Union on the Mutual

Recognition of Qualiﬁed Electronic Trust Services and the Implementation of

European Union Legislation in the Field of Electronic Identiﬁcation

Law

dated December 1, 2022

Objective:

bring legislation in the ﬁeld of electronic identiﬁcation and electronic

trust services in compliance with the European requirements to accelerate

Ukraine's integration into the EU Digital Single Market.

Main provisions:

improved legislation in the ﬁeld of electronic identiﬁcation;

Ukraine has recognized the status of the following: European qualiﬁed suppliers,

means of a qualiﬁed electronic signature or seal used in the provision of electro-

nic trust services; identiﬁed trust lists of EU Member States, information about

26. zakon.rada.gov.ua/laws/show/2685-20#Text

27. itd.rada.gov.ua/billInfo/Bills/Card/28015

EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

six Codes

EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

Article 35 of the Charter of Fundamental Rights of the European Union of dated

December 7, 2000;

EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

AREA 1

STATISTICS AND INFORMATION EXCHANGE

On Ofﬁcial Statistics

Law

№ 2524-IX, August 16, 2022

Objective:

provide the state and society with impartial and objective ofﬁcial state

statistical information on economic, social, demographic, ecological, cultural and

other spheres of public life in Ukraine and its regions.

Main provisions:

determine the public policy and basic principles in the ﬁeld of

ofﬁcial statistics; establish the legal and organizational foundations for the fun-

ctioning of the national statistical system; deﬁne the competences and powers

of the state statistics bodies; regulate legal relations in this area.

Pursuant to:

Article 355 of Chapter 5 of Section V of the Association Agreement between

Ukraine and the EU;

Regulation (EC) No 223/2009 of the European Parliament and of the Council of

11 March 2009 on European statistics.

TRANSPORT, TRANSPORT INFRASTRUCTURE,

POSTAL AND COURIER SERVICES

AREA 1

On Postal Services

Law

№ 2722-ІX, November 03, 2022

Objective:

harmonize national legislation with the EU Law in the ﬁeld of postal

services.

Main provisions:

identiﬁed the powers of the central executive authorities and

the national regulator; the rights and obligations of postal operators and users of

these services; principles of responsibility of postal operators and users of postal

services.

Pursuant to:

obligations deﬁned by Articles 109-114 of the Association Agreement between

Ukraine and the EU;

Directive 97/67/EC of the European Parliament and of the Council of 15

December 1997 on common rules for the development of the internal market

of Community postal services and the improvement of quality of service,

32. zakon.rada.gov.ua/laws/show/2524-20#Text

33. zakon.rada.gov.ua/laws/show/2722-20#Text

EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

amended by Directive 2002/39/EC of the European Parliament and of the

Council of 10 June 2002 and of the Regulation (EC) No 1882/2003 of the

European Parliament and of the Council of 29 September 2003, Directive

2008/6/EC of the European Parliament and of the Council of 20 February 2008

amending Directive 97/67/EC.

ENVIRONMENT AND CIVIL DEFENSE

AREA 1

On the National Pollutant Release and Transfer Registry

Law

№ 2614-IX, September 20, 2022

Objective:

establish the legal and organizational principles for the creation and

operation of the national register of pollutant release and transfer.

Main provisions:

determine the legal and organizational principles to create

and maintain a uniﬁed electronic system on the state of environment and to

provide access thereto to public authorities; ensure the right of every citizen to

access such information in order to improve efﬁciency of electronic manage-

ment in the ﬁeld of environmental protection.

Pursuant to:

the provisions of Chapter 6 of Section V and Annex XXX of the Association

Agreement between Ukraine and the EU;

the Protocol on Pollutant Release and Transfer Registers dated 21.05.2003;

the Convention on Access to Information, Public Participation in Decision-

Making and Access to Justice in Environmental Matters of 25.06.1998;

Regulation (EC) No 166/2006 of the European Parliament and of the Council of

18 January 2006 concerning the establishment of a European Pollutant

Release and Transfer Register and amending Council Directives 91/689/EEC

and 96/61/EC.

On Amendments to Certain Laws of Ukraine to Improve Licensing in the Field

of Nuclear Energy

Law

№ 2755-ІХ, November 16, 2022

Objective:

regulate the issuance of permits in the ﬁeld of the nuclear energy use;

ensure radiation safety in accordance with the EU Law.

34. zakon.rada.gov.ua/laws/show/2614-20#Text

35. zakon.rada.gov.ua/laws/show/2755-20#Text

EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

Main provisions:

introduced a procedure to inform stakeholders and notify of

intentions to conduct the activity involving the use of sources of ionizing

radiation; to improve the licensing procedure by eliminating provisions that are

not provided for by the EU Law; specify the grounds for amending licenses in the

ﬁeld of the nuclear energy use and introduce grounds for leaving an application

for a license without consideration.

EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

Council Directive 2014/87/Euratom of 8 July 2014 amending Directive

2009/71/Euratom establishing a Community framework for the nuclear safety

of nuclear installations.

On Amendments to the Law of Ukraine “On the Use of Nuclear Energy and

Radiation Safety” As Regards Radiation Protection Expert

Law

№ 2758-ІХ, November 16, 2022

Objective:

to determine the right of stakeholders, other legal and natural persons,

and authorities in the ﬁeld of nuclear energy to use the recommendations

(consultations) of qualiﬁed radiation protection experts when planning and

implementing measures to ensure radiation protection for personnel and the

public.

Main provisions:

establish the basic principles for the procedure to review and

recognize the competences of experts (individuals) in radiation protection; deﬁne

the body endowed with the authority to recognize the competences of experts

(individuals).

Pursuant to:

Article 342 of Chapter 1 of Section V of the Association Agreement between

Ukraine and the EU;

Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safe-

ty standards for protection against the dangers arising from exposure to

ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom,

96/29/Euratom, 97/43/Euratom and 2003/122/Euratom.

On Ensuring Chemical Safety and Managing Chemical Products

Law

dated December 01, 2022

Objective:

legal regulation of chemical safety and chemical products, taking into

account Ukraine's international obligations.

Main provisions:

identify the legal, organizational and economic principles to

ensure chemical safety and chemical products management in order to prevent

the hazardous impact of chemical products on the environment and human

health; establish requirements for the activities of business entities in the chemical

industry; regulate relations in the ﬁeld of chemical safety and chemical products

management.

37. zakon.rada.gov.ua/laws/show/2758-20#Text

38. itd.rada.gov.ua/billInfo/Bills/Card/40476

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Pursuant to:

Chapter 6 of Section V and Annex XXX of the Association Agreement between

Ukraine and the EU;

Regulation (EC) No 1272/2008 of the European Parliament and of the Council of

16 December 2008 on classiﬁcation, labelling and packaging of substances

and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC,

and amending Regulation (EC) No 1907/2006;

Regulation (EC) No 1907/2006 of the European Parliament and of the Council

of 18 December 2006 concerning the Registration, Evaluation, Authorisation

and Restriction of Chemicals (REACH).

On Amendments to Certain Legislative Acts of Ukraine to Improve Legislation in

the Sphere of Subsoil Use

Law

dated December 01, 2022

Objective:

create a system of subsoil use; reduce excessive state inﬂuence over

the industry; increase competition and legalize relations in the ﬁeld of subsoil

use.

Main provisions:

created an interactive map of mineral resources of Ukraine;

established an exhaustive list of cases of granting a special permit (license)

without holding an auction and grounds for suspending a special permit (license)

for the subsoil use; laid out the procedure for the sale of a special permit (license)

for the subsoil use based on the results of an electronic auction; developed the

procedure to submit the documents and reports on the subsoil use in electronic

form through an electronic ofﬁce.

Pursuant to:

the provisions of Chapter 10 of Title IV of the Association Agreement between

Ukraine and the EU;

Directive 2003/4/EC of the European Parliament and of the Council of 28

January 2003 on public access to environmental information and repealing

Council Directive 90/313/EEC;

Council Directive 1999/31/EC of 26.04.1999 regarding subsoil debris;

Regulation (EC) No 401/2009 of the European Parliament and of the Council

of 23 April 2009 on the European Environment Agency and the European

Environment Information and Observation Network on environmental

management and monitoring.

39. itd.rada.gov.ua/billInfo/Bills/Card/4241

EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

AREA 1

CUSTOMS AFFAIRS

On Amendments to the Customs Code of Ukraine to Regulate the Customs

Declaration Procedure for Goods Classiﬁed Within the Same Heading

According to UCGFEA, in accordance with the Customs Code of the European

Union

Law

№ 2458-IX, July 27, 2022

Objective:

approximate Ukraine's legislation to the EU Law in terms of customs

declarations for goods falling under different commodity sub-items according

to UCG FEA (Ukrainian Classiﬁcation of Goods for Foreign Economic Activity)

within one commodity item.

Main provisions:

introduce a simpliﬁed declaration of consignments of goods

classiﬁed in different commodity sub-items according to the UCG FEA under one

classiﬁcation code, provided that this code corresponds to the highest duty rate

from the commodity sub-item of the UCG FEA within one commodity item of

the UCG FEA; simplify the procedure for re-calculating a speciﬁc duty rate into

an ad valorem duty rate in order to collect duties at the highest rate from a UCG

FEA commodity sub-item within one UCG FEA commodity item.

Pursuant to:

Chapter 5 of Section IV and Annex XV of the Association Agreement between

Ukraine and the EU;

Regulation (EU) No 952/2013 of the European Parliament and of the Council

laying down the Union Customs Code;

Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015

laying down detailed rules for implementing certain provisions of Regulation

(EU) No 952/2013 of the European Parliament and of the Council laying down

the Union Customs Code.

On Amendments to the Customs Code of Ukraine and Other Laws of Ukraine

Regarding Certain Issues of Implementation of Chapter 5 of Section IV 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

Law

№ 2510-IX, August 15, 2022

Objective:

introduce European practices in the ﬁeld of customs affairs in Ukraine;

implement the requirements of the Convention on the joint transit procedure of

40. zakon.rada.gov.ua/laws/show/2458-20#Text

41. zakon.rada.gov.ua/laws/show/2510-20#Text

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20.05.1987 into Ukraine's national legislation; to ensure Ukraine's participation in

the New Computerized Transit System (NCTS).

Main provisions:

introduced a procedure similar to the EU customs procedure

(decisions issued by the customs authorities); the right to apply certain

simpliﬁcations in the implementation of customs formalities was granted to

all reliable enterprises, and not only to authorized economic operators; improved

the procedure for considering taxpayers' complaints in an administrative manner;

established a clear system of oversight by the customs authority over the

importation of goods intended for the speciﬁc use, both before granting

authorization for the end use, and after.

Pursuant to:

Articles 76 and 84 of Chapter 5 of Section IV and Annex XV of the Association

Agreement between Ukraine and the EU;

provisions of the Convention on the Joint Transit Procedure of 20.05.1987;

Regulation (EU) No 952/2013 of the European Parliament and of the Council

laying down the Union Customs Code;

Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015

laying down detailed rules for implementing certain provisions of Regulation

(EU) No 952/2013 of the European Parliament and of the Council laying down

the Union Customs Code.

About the Customs Tariff of Ukraine

Law

№2697-IX, October 19, 2022

Objective:

bring the commodity nomenclature of Ukraine in compliance with the

requirements of the seventh edition of the Harmonized Commodity Description

and Coding System of the 2022 version.

Main provisions:

created the Customs Tariff of Ukraine, which is based on a new

version of the Ukrainian Classiﬁcation of Goods for Foreign Economic Activity

(UCGFEA), built on the basis of the Harmonized Commodity Description and

Coding System of 2012 (HS-2012) and the Combined Nomenclature of the

European Union (CN EU), and on the implementation of tariffs obligations for

2013 within the framework of Ukraine's membership in the WTO, ﬁxed in the

Protocol on Ukraine's accession to the WTO.

Pursuant to:

the provisions of Chapter 1 of Section IV of the Association Agreement between

Ukraine and the EU;

42. zakon.rada.gov.ua/laws/show/2697-20#Text

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provisions of the Agreement on the Application of Sanitary and Phytosanitary

Measures of the WTO;

Commission Regulation (EC) No 178/2006 of 1 February 2006 amending Regulation

(EC) No 396/2005 of the European Parliament and of the Council to establish Annex

I listing the food and feed products to which maximum levels for pesticide residues

apply;

EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC)

No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive

76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and

2000/21/EC.

AREA 2

INTELLECTUAL PROPERTY

On the Speciﬁcity of Legal Protection of Geographical Indications for Agri-

cultural Products and Foodstuffs, the Protection of Rights and the Application

of Quality Schemes, Including Traditional Guaranteed Features for Agricultural

Products and Foodstuffs

Law

№ 2572-IX, September 6, 2022

Objective:

bring the procedure for the protection of rights to geographical

indications in compliance with the EU Law, in terms of compliance with the rules

for the protection of geographical indications for agricultural products and food

products.

Main provisions:

determined the conditions for granting legal protection to a

geographical indication; established the entities and the range of their rights and

obligations when applying for the preparation of speciﬁcations and other

documents; deﬁned the procedure for approval and technical requirements for

documents necessary for the state registration of a geographical indication.

Pursuant to:

part two of Chapter 9 of Section IV, Articles 201 - 211 of Subsection 3 of Chapter

9 of Section IV, Articles 404-405 of Chapter 17 of Section V, as well as Annex

XXII-A of the Association Agreement between Ukraine and the EU;

Regulation (EU) No 1151/2012 of the European Parliament and of the Council of

21 November 2012 on quality schemes for agricultural products and foodstuffs;

Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying

down rules for the application of Regulation (EU) No 1151/2012 of the European

Parliament and of the Council on quality schemes for agricultural products

and foodstuffs;

Commission Delegated Regulation (EU) No 664/2014 of 18 December 2013

supplementing Regulation (EU) No 1151/2012 of the European Parliament and

of the Council with regard to the establishment of the Union symbols for

protected designations of origin, protected geographical indications and tradi-

tional specialities guaranteed and with regard to certain rules on sourcing,

certain procedural rules and certain additional transitional rules;

44. zakon.rada.gov.ua/laws/show/2572-20#Text

EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

Commission Delegated Regulation (EU) No 665/2014 of 11 March 2014

supplementing Regulation (EU) No 1151/2012 of the European Parliament and

of the Council with regard to conditions of use of the optional quality term

“mountain product”.

On Amendments to Certain Legislative Acts of Ukraine on Bringing Legislation

in the Field of Protection of Rights to Plant Varieties and Seed Production and

Nurseries in Compliance with the Provisions of the EU Law

Law

№ 2763-ІХ, November 16, 2022

Objective:

introduce advanced practice of regulating the procedure for con-

ducting examination and registration of rights to plant varieties, introducing

them into commercial circulation, deregulating and streamlining the mecha-

nisms for registering varieties and certiﬁcation of seeds; the above conditions

are important for entering the market and creating an appropriate legislative

framework for the operation of breeding and seed enterprises, and agricultural

commodity producers.

Main provisions:

improved and simpliﬁed the procedure for state registration of

plant varieties; reduced the number of expert review procedures and registra-

tion procedures; established clear deadlines for the examination of varieties;

introduced a new institute of expertise – “Expert Variety”; precised and har-

monized the terminology, taking into account the requirements of the EU Di-

rectives and international rules for the protection of rights to plant varieties, etc.

Pursuant to:

the provisions of Chapter 17 of Section V, Annex XXXVIII to Chapter 17 of the

Association Agreement between Ukraine and the EU;

Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable

seed;

Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety

rights;

Council Regulation (EC) No 2506/95 of 25 October 1995 amending Regulation

(EC) No 2100/94 on Community plant variety rights;

Commission Regulation (EC) No 874/2009 of 17 September 2009 establishing

implementing rules for the application of Council Regulation (EC) No 2100/94

as regards proceedings before the Community Plant Variety Ofﬁce;

Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed.

45. zakon.rada.gov.ua/laws/show/2763-20#Text

EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

About Geographical Indications of Spirits

Law

dated December 01, 2022

Objective:

to establish legal protection for geographical indications of spirits.

Main provisions:

established general rules for the deﬁnition, description, pre-

sentation and labeling of alcoholic beverages and rules for the use of ofﬁcial na-

mes of alcoholic beverages.

Pursuant to:

the provisions of subsection 3 of part 2 of chapter 9 of section IV of the

Association Agreement between Ukraine and the EU;

Regulation (EU) 2019/787 of the European Parliament and of the Council of 17

April 2019 on the deﬁnition, description, presentation and labelling of spirit

drinks, the use of the names of spirit drinks in the presentation and labelling of

other foodstuffs, the protection of geographical indications for spirit drinks, the

use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages,

and repealing Regulation (EC) No 110/2008.

About Copyright and Related Rights

Law

dated December 01, 2022

Objective:

improve the legal regulation for the exercise and protection of perso-

nal non-property and property rights of subjects of copyright and related rights.

Main provisions:

harmonized the provisions of the national legislation with the

EU Law; eliminated gaps that impede the implementation of certain provisions of

the current legislation, in particular, in terms of ensuring the implementation of

the right to follow; improved the applicable legislation to address issues related to

the implementation and protection of copyright and related rights.

Pursuant to:

chapter 1 Chapter 6 Section V and Annex XXX of the Association Agreement

between Ukraine and the EU;

Directive 96/9/EC of the European Parliament and of the Council of 11 March

1996 on the legal protection of databases;

Directive 2009/24/EC of the European Parliament and of the Council of 23 April

2009 on the legal protection of computer programs;

Directive 2006/115/EC of the European Parliament and of the Council of 12

December 2006 on rental right and lending right and on certain rights related

to copyright in the ﬁeld of intellectual property;

46. itd.rada.gov.ua/billInfo/Bills/Card/38701

47. itd.rada.gov.ua/billInfo/Bills/Card/26951

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Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001

on the harmonisation of certain aspects of copyright and related rights in the

information society;

EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

tasks on its agenda: consider on second reading and adopt draft laws aimed at

Ukraine's legislative approximation to EU law and legal standards in protecting

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APPENDIX 1.

List of acts adopted by the Verkhovna Rada of Ukraine in order

to implement the recommendations of the European

Commission on the status of Ukraine as candidate

for EU membership of June 17, 2022

No.

Law / Resolution Title

RECOMMENDATION 1

On Amendments to Certain Legislative Acts of Ukraine to Improve the Procedure for the

Selection of Candidates for the Position of Judges of the Constitutional Court of Ukraine

on a Competitive Basis

Law № 2846-IX, December 13, 2022

RECOMMENDATION 2

On the Election of Moroz M.V. to the Position of a Member of the High Council of Justice

Resolution of the Verkhovna Rada of Ukraine № 2498-IX, August 15, 2022

On the Election of Maselko R.A. as a Member of the High Council of Justice

Resolution of the Verkhovna Rada of Ukraine № 2499-IX, August 15, 2022

RECOMMENDATION 4

On Amendments to Certain Laws of Ukraine on Improving the Regulation of Ultimate

Beneﬁcial Ownership and Ownership Structure of a Legal Entity

Law № 2571-IX, September 6, 2022

On Amendments to Certain Laws of Ukraine to Protect the Financial System of Ukraine

from the Actions of a State Carrying Out Armed Aggression Against Ukraine, and

Adapting Ukrainian Legislation to Certain Standards of the Financial Action Task Force

on Money Laundering (FATF) and the Requirements of the EU Directive 2018/ 843

Law № 2736-IX, November 4, 2022

Ratiﬁcation of the Additional Protocol to the Council of Europe Convention

on the Prevention of Terrorism

Law № 2589-IX, September 20, 2022

RECOMMENDATION

On Media

Law dated December 13, 2022

RECOMMENDATION 7

On National Minorities (Communities) of Ukraine

Law dated December 13, 2022

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the

EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

No.

11.

Law Title

On Amendments to Certain Laws of Ukraine on Improving the Legal Framework for Audit

Activity in Ukraine

Law № 2597-IX, September 20, 2022

On Amendments to the Law of Ukraine “On Accounting and Financial Reporting

in Ukraine”

Law № 2435-IX, July 19, 2022

On Amendments to Certain Laws of Ukraine on Improving the Regulation

of Ultimate Beneﬁcial Ownership and Ownership Structure of a Legal Entity

Law № 2571-IX, September 6, 2022

On Amendments to Certain Legislative Acts of Ukraine to Ensure the Conclusion

of an Agreement Between Ukraine and the European Union on the Mutual Recognition

of Qualiﬁed Electronic Trust Services and the Implementation of European Union

Legislation in the Field of Electronic Identiﬁcation

Law dated December 01, 2022

On Amendments to the Code of Ukraine on Administrative Offenses and the Criminal

Procedure Code of Ukraine on Electronic Trust Services and Electronic Identiﬁcation

Law № 2685-IX, October 18, 2022

12.

13.

14.

15.

Area 5. PUBLIC HEALTH

16.

On the Public Health System

Law № 2573-ІХ, September 6, 2022

Area 8. HUMANITARIAN POLICY

1 .

On Media

Law dated December 13, 2022

Area 13. SCIENCE, TECHNOLOGY AND INNOVATIONS, SPACE

18.

On Amendments to Certain Laws of Ukraine to Improve the System of Emergency

Assistance to the Population Using a Single Telephone Number 112

Law № 2581-IX, September 7, 2022

Area 14. STATISTICS AND INFORMATION EXCHANGE

1 .

On Ofﬁcial Statistics

Law № 2524-IX, August 16, 2022

Area 15. TRANSPORT, TRANSPORT INFRASTRUCTURE,

POSTAL AND COURIER SERVICES

20.

On Postal Service

Law № 2722-ІX , November 3, 2022

EUU, Alm.del - 2022-23 (2. samling) - Bilag 135: Brev og rapport fra formanden for det ukrainske parlament om Ukraines optagelse i EU

No.

Law Title

Area 18. ENVIRONMENT AND CIVIL DEFENSE

21.

On the National Pollutant Release and Transfer Registry

Law № 2614-IX, September 20, 2022

On Amendments to Certain Laws of Ukraine to Improve Licensing in the Field of Nuclear

Energy

Law № 2755-ІХ, November 16, 2022

On Amendments to the Law of Ukraine “On the Use of Nuclear Energy and Radiation

Safety”

Law № 2762-ІХ, November 16, 2022

On Amendments to the Law of Ukraine “On the Use of Nuclear Energy and Radiation

Safety” As Regards Radiation Protection Expert

Law № 2758-ІХ, November 16, 2022

On Ensuring Chemical Safety and Managing Chemical Products

Law dated December 01, 2022

On Amendments to Certain Legislative Acts of Ukraine to Improve Legislation in the

Sphere of Subsoil Use

Law dated December 01, 2022

22.

23.

24.

25.

26.

Area 19. CUSTOMS AFFAIRS

2 .

On Amendments to the Customs Code of Ukraine to Regulate the Customs Declaration

Procedure for Goods Classiﬁed Within the Same Heading According to UCGFEA,

in accordance with the Customs Code of the European Union

Law № 2458-IX, July 27, 2022

On Amendments to the Customs Code of Ukraine and Other Laws of Ukraine Regarding

Certain Issues of Implementation of Chapter 5 of Section IV 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

Law № 2510-IX, August 1 , 2022

On the Customs Tariff of Ukraine

Law № 2697-IX, October 19, 2022

28.

2 .

Area 21. SANITARY AND PHYTOSANITARY MEASURES

30.

On Amendments to Certain Laws of Ukraine on the Improvement of State Regulation

in the Field of Handling Pesticides and Agrochemicals

Law dated November 16, 2022

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No.

Law Title

Area 24. INTELLECTUAL PROPERTY

31.

On the Speciﬁcity of Legal Protection of Geographical Indications for Agricultural

Products and Foodstuffs, the Protection of Rights and the Application of Quality Schemes,

Including Traditional Guaranteed Features for Agricultural Products and Foodstuffs

Law № 2572-IX, September 6, 2022

On Amendments to Certain Legislative Acts of Ukraine on Bringing Legislation

in the Field of Protection of Rights to Plant Varieties and Seed Production and Nurseries

in Compliance with the Provisions of the EU Law

Law № 2763-ІХ, November 16, 2022

About Geographical Indications of Spirits

Law dated December 01, 2022

About Copyright and Related Rights

Law dated December 01, 2022

On Amendments to the Code of Ukraine on Administrative Offenses and the Criminal

Code of Ukraine on Liability for Violation of Copyright and (or) Related Rights

Law dated December 01, 2022

32.

33.

34.

35.

Kyiv 2022