{
  "url": "https://openlegislation.uk/eu-decision-2017-43/attachment-1",
  "json_url": "https://openlegislation.uk/eu-decision-2017-43/attachment-1.json",
  "legislation": "eudn/2017/43",
  "legislation_title": "Council Decision (EU) 2017/43 of 12 December 2016 on the position to be adopted, on behalf of the European Union, in the Association Committee in Trade configuration 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, in relation to the update of Annexes XXI-A to XXI-P on regulatory approximation in the area of public procurement",
  "legislation_url": "https://openlegislation.uk/eu-decision-2017-43",
  "path": "attachment/1",
  "kind": "attachment",
  "number": null,
  "heading": null,
  "text": "DRAFT\nDECISION No 1/2016 OF THE EU-UKRAINE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION\nof …\nupdating Annex XXI to the Association Agreement and giving a favourable opinion regarding the comprehensive roadmap on public procurement\nTHE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION,\nHaving regard to 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’), and in particular Article 149, Article 153 and Article 463 thereof,\nWhereas:\n(1)\nIn accordance with Article 486 of the Agreement, parts of the Agreement, including provisions on public procurement, are applied provisionally as of 1 January 2016.\n(2)\nArticle 149 of the Agreement provides that the value thresholds for public procurement contracts provided for in Annex XXI-P are to be revised regularly, beginning in the first even year following the entry into force of the Agreement and such revision is to be adopted by decision of the Association Committee in Trade configuration, as set out in Article 465(4) of the Agreement.\n(3)\nArticle 153 of the Agreement provides that Ukraine is to ensure that its public procurement legislation is gradually made compatible with the relevant Union acquis, in line with the schedule provided in Annex XXI to the Agreement.\n(4)\nSeveral Union acts listed in Annex XXI to the Agreement have been recast or repealed and replaced by a new Union act since the initialling of the Agreement on 30 March 2012. In particular, the Union adopted and notified to Ukraine the following acts:\n(a) Directive 2014/23/EU of the European Parliament and of the Council;\n(b) Directive 2014/24/EU of the European Parliament and of the Council;\n(c) Directive 2014/25/EU of the European Parliament and of the Council.\n(5)\nThe above-mentioned Directives amended the value thresholds for public procurement contracts provided for in Annex XXI-P, which were subsequently amended by Commission Delegated Regulations (EU) 2015/2170, (EU) 2015/2171 and (EU) 2015/2172, respectively.\n(6)\nArticle 463(3) of the Agreement provides that the Association Council shall have the power to update or amend the Annexes to the Agreement.\n(7)\nIt is necessary to update Annex XXI to the Agreement in order to reflect the changes made to the Union acquis listed in that Annex, in accordance with Articles 149, 153 and 463 of the Agreement.\n(8)\nThe new Union acquis on public procurement has a new structure. It is appropriate to reflect this new structure in Annex XXI. In the interest of clarity, Annex XXI should be updated in its entirety and replaced by the Annex as set out in the Appendix to this Decision. It is furthermore appropriate to take into account the progress made by Ukraine in the process of approximation to the Union acquis.\n(9)\nArticle 465(2) of the Agreement specifies that the Association Council may delegate to the Association Committee in Trade configuration any of its powers, including the power to take binding decisions.\n(10)\nThe EU-Ukraine Association Council empowered the Association Committee in Trade configuration in its Decision No 3/2014 of 15 December 2014 to update or amend certain trade-related annexes.\n(11)\nArticle 152(1) of the Agreement stipulates that Ukraine shall submit to the Association Committee in Trade configuration a comprehensive roadmap for the implementation of the legislation related to public procurement with time schedules and milestones which should include all reforms in terms of legislative approximation to the Union acquis.\n(12)\nArticle 152(3) specifies that a favourable opinion by the Association Committee in Trade configuration is needed in order for the comprehensive roadmap to become a reference document for the process of implementation, namely for the legislative approximation of the public procurement related legislation to the Union acquis.\n(13)\nIt is therefore appropriate for the Association Committee in Trade configuration to adopt a decision giving favourable opinion regarding the comprehensive roadmap,\nHAS ADOPTED THIS DECISION:\nDone at …,\nFor the Association Committee in Trade configuration\nThe Chair",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 161, 29.5.2014, p. 3."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65)."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243)."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Commission Delegated Regulation (EU) 2015/2170 of 24 November 2015 amending Directive 2014/24/EU of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts (OJ L 307, 25.11.2015, p. 5)."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Commission Delegated Regulation (EU) 2015/2171 of 24 November 2015 amending Directive 2014/25/EU of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts (OJ L 307, 25.11.2015, p. 7)."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "Commission Delegated Regulation (EU) 2015/2172 of 24 November 2015 amending Directive 2014/23/EU of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts (OJ L 307, 25.11.2015, p. 9)."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "Decision No 3/2014 of the EU-Ukraine Association Council of 15 December 2014 on the delegation of certain powers by the Association Council to the Association Committee in Trade configuration [2015/980] (OJ L 158, 24.6.2015, p. 4)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2017/43/attachment/1",
    "retrieved_at": "2026-11-01T15:13:38.543568+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}