(1)

On 16 December 2016, the European Chemicals Agency (‘the Agency’) submitted, at the request of the Commission, a dossier (2) pursuant to Article 69(1) of Regulation (EC) No 1907/2006 (‘the Annex XV dossier’), demonstrating that releases of lead from articles produced from polymers or copolymers of vinyl chloride (‘PVC’) containing lead stabilisers, during their life-cycle, contribute directly and indirectly to human exposure to lead. The Agency suggested in the Annex XV dossier to restrict the placing on the market or use of lead in articles produced from PVC if the concentration of lead is equal to or greater than 0,1 % by weight of the PVC material. Considering that lead compounds cannot stabilise PVC in an effective way at concentrations below approximately 0,5 % by weight, the concentration limit proposed should ensure that the intentional addition of lead compounds as stabilisers during PVC compounding can no longer occur in the Union. The Agency also included in the Annex XV dossier a number of derogations to this suggested restriction, notably for PVC articles containing recovered PVC. ‘Recovered’ is used in line with the definition of ‘material recovery’ in Article 3, point 15a, of Directive 2008/98/EC of the European Parliament and of the Council (3).

(2)

Lead is a toxic substance which affects the development of the nervous system, produces chronic kidney disease and has adverse effects on blood pressure. Although no threshold for neurodevelopmental effects in children and for renal effects has been established, according to the European Food Safety Agency the current human exposure to lead from food and other sources still exceeds the tolerable exposure levels and leads to adverse neurodevelopmental effects in children (4).

(3)

Lead stabilisers increase the thermal stability of PVC during compounding and article production. They also protect PVC against photo-degradation. Industry in the Union voluntarily phased out the use of lead stabilisers in PVC compounding and PVC articles and reported that that process was successfully completed in 2015 (5). PVC articles containing lead, especially construction products, have long service lives, remaining in use for periods exceeding several decades, after which they become waste upon disposal and may undergo recycling, potentially re-introducing lead into products via the recovered PVC. The Annex XV dossier showed that 90 % of the estimated total emissions of lead from PVC articles in the Union in the year 2016 was attributable to imported PVC articles, due to the phase-out of lead stabilisers in the Union.

(4)

To facilitate the enforcement of the proposed restriction, it is appropriate to restrict any lead present in PVC regardless of its intended function.

(5)

On 5 December 2017, the Agency’s Committee for Risk Assessment (‘RAC’) adopted its final opinion (6), concluding that the restriction proposed by the Agency is the most appropriate Union-wide measure to address the identified risks posed by lead compounds present as stabilisers in PVC articles in terms of effectiveness in reducing such risks, practicality and monitorability.

(6)

RAC proposed to ban the use of any concentration of lead in PVC articles. RAC also agreed with the Agency that a derogation should be laid down for PVC articles containing recovered PVC. RAC however proposed that higher lead content limits for certain PVC articles containing recovered rigid and flexible PVC should be established, respectively, at 2 % and 1 % by weight. That proposal took account of the estimation that the alternative to recycling such articles, i.e. disposal of PVC waste via landfilling and incineration, would increase the emissions to the environment and not reduce the risk. The different limits proposed took into account the estimated average lead content of rigid and flexible PVC waste in 2013, the expected impact on recycling volumes and the fact that the release of lead from flexible PVC is known to be higher compared to the one from rigid PVC. Due account was taken of the fact that some articles have a high content of recovered PVC that may reach 100 % by weight of the PVC in the final article.

(7)

On 15 March 2018, the Agency’s Committee for Socio-Economic Analysis (‘SEAC’) adopted its final opinion (7) in which it concluded that the restriction proposed by the Agency, as modified by both RAC and SEAC, was the most appropriate Union-wide measure to address the identified risk, in terms of its socioeconomic benefits and socioeconomic costs. SEAC reached that conclusion based on best available evidence, taking into account the properties of lead as a non-threshold toxic substance and its impact on human health, and the affordability of the costs associated with the proposed restriction. SEAC considered that there are suitable alternatives widely available and already used in the Union. It also considered the cost-effectiveness of the restriction. Finally, it concluded that even limited human health impacts in terms of intelligence quotient loss, would be sufficient to break even with the costs of the restriction.

(8)

SEAC agreed with the proposal in the Annex XV dossier that, considering the projected evolution of the concentration of lead in recovered PVC, that concentration would decrease sufficiently by 2035 – 2040 to allow PVC articles containing recovered PVC to comply with the proposed general lead concentration limit of 0,1 %. Therefore, the derogation for certain PVC articles containing recovered PVC should apply for 15 years from the entry into force of the restriction. SEAC further agreed that, in order to account for the uncertainty with respect to the future trends regarding the amount of PVC waste going to recycling and its lead content, that period of application should be reassessed within 10 years from the entry into force of the restriction. In line with the aim of the 2015 EU Action Plan for the Circular Economy (8) to promote non-toxic material cycles and preserve the high level of protection for human health and the environment, the Commission considered that that period of application should be reassessed within 7,5 years from the entry into force of the restriction.

(9)

The Agency’s Forum for Exchange of Information on Enforcement was consulted on the proposed restriction and its opinion was taken into account, resulting in a modified description of the scope and of the derogations from the proposed restriction.

(10)

On 26 April 2018, the Agency submitted the final opinions of RAC and SEAC to the Commission.

(11)

Taking into account the Annex XV dossier and the opinions of RAC and SEAC, and considering that there is an unacceptable risk to human health from lead in PVC articles, the Commission proposed a draft Commission regulation restricting the use of any concentration of lead and its compounds in PVC articles and the placing on the market of lead and its compounds in PVC articles in a concentration equal to or greater than 0,1 % by weight of the PVC material (“the draft regulation”). The draft regulation received a favourable opinion of the Committee established under Article 133 of Regulation (EC) No 1907/2006 on 20 November 2019.

(12)

In accordance with the regulatory procedure with scrutiny referred to in Article 133(4) of Regulation (EC) No 1907/2006, a resolution objecting to the draft regulation was adopted by the European Parliament plenary on 12 February 2020 (9). Consequently, the draft regulation was not adopted by the Commission.

(13)

In its resolution, the Parliament asked the Commission to remove the derogations for recovered PVC, as it would lead to the carry-over of lead into new products. The Parliament also requested the removal of the derogation for the two lead pigments subject to the authorisation regime under REACH. Furthermore, the Commission was asked to delete the proposed marking requirements for PVC articles containing recovered PVC as it considered it misleading and not reflecting that recovered PVC contains higher amounts of lead than newly produced PVC. Finally, the Parliament asked the Commission to reduce the proposed transitional period for when the provisions of the regulation shall apply.

(14)

The Commission has carefully assessed the resolution of the Parliament and acknowledges the need to address certain concerns. In addition, it considers that there is still an unacceptable risk to human health from lead in PVC articles, which needs to be addressed on a Union-wide basis. Against this background, the Commission decided to amend some of the provisions of the draft regulation to reflect the arguments brought forward by the Parliament and take into account relevant new data received from the Agency and stakeholders.

(15)

In particular, the Commission considers that clean recycling technologies which allow the removal of legacy substances of concern, including lead, from PVC waste should be encouraged. Current recycling technologies, however, can reduce but not completely eliminate legacy substances. It is therefore necessary to set a concentration limit of 0,1 % of lead by weight not only for the placing on the market but also the use of lead and its compounds in PVC, in order to allow both the placing on the market of articles containing less than 0,1 % of lead by weight of the PVC material and the continued use in articles of PVC material containing lead below that limit, such as PVC material recovered through chemical recycling or solvent dissolution and containing very small amounts of lead.

(16)

As a means of limiting the carryover of lead in new products, the derogation for PVC articles containing recovered flexible PVC should be removed from the draft regulation. However, economic operators should be granted a 24-month period to adapt to the new requirements.

(17)

However, a derogation for certain PVC articles containing recovered rigid PVC should be laid down to achieve an appropriate balance between the overall long-term benefits from the circular use of those materials and the overall long-term health concerns relating to that recovered material. Following industry reports that the average lead concentration in recovered rigid PVC is below 1,5 % due to routine mixing of pre- and post-consumer waste, the allowed lead concentration limit in recovered rigid PVC should be reduced from 2 % to 1,5 % by weight. To prevent the possible leaching of lead and the formation of lead-containing dust, recovered rigid PVC in derogated articles should be entirely enclosed within a layer of newly produced PVC, recovered PVC or other suitable material that contains less than 0,1 % of lead by weight, unless the derogated article is inaccessible during normal use. In addition, the Commission agrees with the Parliament that the benefits to health protection to be achieved with the restriction should be pursued faster. Consequently, the duration of the derogation should be decreased from 15 to 10 years. A review of the derogation should take place at the latest 5 years after the entry into force of the restriction. The review should include verifying trends regarding lead concentration in recovered PVC, the availability of adequate decontamination techniques and the socioeconomic impact of removing the derogation, considering the risk to human health and to the environment.

(18)

To limit the presence of lead from recovered rigid PVC to certain known articles, rigid PVC recovered from profiles and sheets in buildings and civil engineering works and containing more than 0,1 % of lead by weight of the PVC should only be used to produce new PVC profiles and sheets for the same applications. In combination with appropriate marking obligations, this should ensure the identification of lead-containing products and facilitate future decontamination activities. It should also promote a separate collection and recycling of PVC pipes (currently rarely recycled), as pipe producers who currently use PVC recovered from profiles and sheets to produce new pipes will need to replace it with an alternative PVC source. However, in order to allow economic operators sufficient time to put in place dedicated PVC waste collection and recycling, re-organise their supply chains and, where needed, procure recovered PVC from other origin than profiles and sheets, this obligation should apply after 36 months from the entry into force of this Regulation.

(19)

For enforcement purposes and to ensure that professionals and consumers are adequately informed of possible risks, PVC articles containing recovered rigid PVC should be marked if they contain lead in a concentration equal or greater than 0,1 % by weight of the PVC material. This should also facilitate the separate collection of lead-containing waste.

(20)

Considering the difficulties to determine if PVC in articles is of recovered origin, suppliers of PVC articles benefitting from derogations associated to their content in recovered PVC should be able to prove the recovered origin of the material by presenting documentary evidence. In the Union, several certification schemes, all of which are based on technical specifications in EN 15343:2007 (10), are available to recyclers to support claims on the traceability of recovered PVC. Given the lack of suitable practical means for enforcement authorities to verify recovery claims associated to recovered PVC in imported articles, such claims should be substantiated via independent third party certification.

(21)

The specific derogation previously proposed for the lead pigments "lead sulfochromate yellow" and "lead chromate molybdate sulfate red" should be removed from the draft regulation. In view of recent case law (11) and the Agency’s intention to submit a restriction dossier pursuant to Article 69(2) of Regulation (EC) No 1907/2006 related to the risks stemming from the use of those two lead pigments, the Commission considers that that derogation has become unnecessary.

(22)

In view of the low risks and the lack of suitable alternatives, a derogation for PVC-silica separators in lead batteries should be set out for a period of 10 years from the entry into force of this Regulation, after which suitable alternatives are expected to be available.

(23)

To avoid double regulation, a derogation should be laid down for articles already covered by Regulation (EC) No 1907/2006 or other Union legislation regulating lead content in PVC.

(24)

As industry in the Union has not been using lead stabilisers in PVC since 2015, a period of 18 months is considered sufficient for most economic operators to be able to adapt to the new requirements, dispose of their stock and communicate relevant information on the restriction within their supply chains. Furthermore, the restriction should not apply to PVC articles already placed on the market before the end of that period, as that would give rise to considerable enforcement difficulties.

(25)

Regulation (EC) No 1907/2006 should therefore be amended accordingly.

(26)

The measures provided for in this Regulation are in accordance with the opinion of the Committee established under Article 133 of Regulation (EC) No 1907/2006,

(1)

The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.

(2)

Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee established by the EEA Agreement (‘the EEA Joint Committee’) may decide to amend, inter alia, Annex I (Veterinary and phytosanitary matters) and Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement.

(3)

Regulation (EU) 2019/1009 of the European Parliament and of the Council (3) is to be incorporated into the EEA Agreement.

(4)

Annexes I and II to the EEA Agreement should therefore be amended accordingly.

(5)

The position of the Union within the EEA Joint Committee should therefore be based on the attached draft Decision,

(1)

The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.

(2)

Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Annex II (Technical regulations, standards, testing and certification) and Annex XIII (Transport) to the EEA Agreement.

(3)

Regulation (EU) 2018/1139 of the European Parliament and of the Council (3) should be incorporated into the EEA Agreement.

(4)

Annex II (Technical regulations, standards, testing and certification) and Annex XIII (Transport) to the EEA Agreement should therefore be amended accordingly.

(5)

The position of the Union within the EEA Joint Committee should therefore be based on the attached draft decision,

(1)

The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.

(2)

Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms.

(3)

It is appropriate to extend the cooperation of the Contracting Parties to the EEA Agreement to include Regulation (EU) 2019/126 of the European Parliament and of the Council (3).

(4)

Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2023.

(5)

The position of the Union within the EEA Joint Committee should therefore be based on the attached draft Decision,

(1)

Council Decision (CFSP) 2021/509 (1) establishes the European Peace Facility (EPF) for the financing by Member States of Union actions under the common foreign and security policy (CFSP) to preserve peace, prevent conflicts and strengthen international security pursuant to Article 21(2), point (c), of the Treaty. In particular, pursuant to Article 1(2) of Decision (CFSP) 2021/509, the EPF is to be used for the financing of assistance measures such as actions to strengthen the capacities of third States and regional and international organisations relating to military and defence matters.

(2)

The Ukrainian Armed Forces have been countering Russian aggression, with continued military and civilian casualties, for several years. The Russian aggression dramatically escalated in February 2022 due to an unprovoked full-scale invasion of Ukraine by armed forces of the Russian Federation.

(3)

On 25 February 2022, the Government of Ukraine made an urgent request to the Union for assistance through the provision of military equipment. In response, support has been provided under the EPF since 28 February 2022, pursuant to Council Decisions (CFSP) 2022/338 (2) and (CFSP) 2022/339 (3).

(4)

During the 24th EU-Ukraine summit on 3 February 2023, the Union and its Member States reiterated their continued support for Ukraine and the Ukrainian people against Russia’s ongoing war of aggression for as long as it takes. At the special meeting of the European Council on 9 and 10 February 2023, the President of Ukraine emphasised the urgent need for further military support for Ukraine.

(5)

On 2 March 2023, the High Representative of the Union for Foreign Affairs and Security Policy (‘the High Representative’) received a request from Ukraine for the Union to assist the Ukrainian Armed Forces with the supply of 155-mm-calibre artillery rounds.

(6)

On 20 March 2023, the Council agreed on a three-track approach with a view to, in particular, speeding up delivery and joint procurement, aiming at one million rounds of artillery ammunition for Ukraine in a joint effort within the next 12 months, and called for the swift implementation of those three tracks, which are interlinked and need to be pursued in parallel and in a coordinated way. The Council called on Member States to urgently deliver ground-to-ground and artillery ammunition to Ukraine and, if requested, missiles. As regards the third track, the Council also invited the Commission to present concrete proposals to urgently support the ramp-up of the manufacturing capacities of the European defence industry, secure supply chains, facilitate efficient procurement procedures, address shortfalls in production capacities and promote investments, including, where appropriate, mobilising the Union budget.

(7)

The Council further called on Member States to jointly procure 155-mm-calibre ammunition and, if requested, missiles for Ukraine in the fastest way possible before 30 September 2023 from the European defence industry (and Norway) within the parameters defined in the context of an existing European Defence Agency (EDA) project or through complementary joint acquisition projects led by a Member State.

(8)

The terms and conditions as laid down in this Decision are relevant only for joint procurements referred to in paragraph 3 of the note on ‘Speeding up delivery and joint procurement of ammunition for Ukraine’ approved by the Council on 20 March 2023 and are without prejudice to any terms and conditions of future decisions or regulations concerning the European defence industry.

(9)

Assistance measures are to be implemented taking into account the principles and requirements set out in Decision (CFSP) 2021/509, in particular compliance with Council Common Position 2008/944/CFSP (4), and in accordance with the rules for the implementation of revenue and expenditure financed under the EPF (‘the EPF implementing rules’), including the rules on the origin of military equipment. By way of derogation from Article 50 of Book 3 of the EPF implementing rules, and due to the particular circumstances, participation in joint procurement procedures for ammunitions and missiles to be financed through this assistance measure is open only to economic operators established in the Union or Norway, and producing these ammunitions and missiles in the Union or Norway, without prejudice to any future decisions. The rules of origin laid down in Article 60 of Regulation (EU) No 952/2013 of the European Parliament and of the Council (5) should apply. Ammunitions and missiles which have undergone an important stage of manufacture in the Union or Norway which consists of final assembly should also be deemed eligible. Supply chains of these operators may include operators established or having their production outside of the Union or Norway. The security and defence interests of the Member States should be taken into account in this regard.

(10)

The Council reaffirms its determination to protect, promote and fulfil human rights, fundamental freedoms and democratic principles and to strengthen the rule of law and good governance, in compliance with the United Nations Charter, with the Universal Declaration of Human Rights and with international law, in particular international human rights law and international humanitarian law.

(11)

The Council will receive regular monthly updates on the implementation of the assistance measure under this Decision in order to monitor progress towards achieving the aim of providing one million rounds of artillery ammunition to Ukraine. Regular meetings at the level of the National Armament Directors with the Defence Joint Procurement Task Force (Commission, European External Action Service, EDA) will also be organised to assess the needs and the industrial capabilities as well as to ensure the necessary close coordination, especially regarding the provision from stocks, the reprioritisation of existing orders and the different joint acquisition projects, in order to ensure the adequate implementation of the three different tracks.

(12)

The Permanent Representatives Committee will monitor the coordinated and parallel implementation of the three-track approach.

(13)

The Council also noted that it remains committed to providing political and military support to Ukraine, in particular through the EPF and the EU Military Assistance Mission in support of Ukraine, without prejudice to the specific character of the security and defence policies of certain Member States and ensuring that the security and defence interests of all Member States are duly taken into account,

(1)

The Joint Committee has adopted its Rules of Procedure by its Decision No 1/2023 of 16 March 2023.

(2)

Pursuant to Article 6(1) of the Agreement between the European Union and Ukraine on the carriage of freight by road (‘the Agreement’), the Agreement is to apply until 30 June 2023.

(3)

Pursuant to Article 7(2) of the Agreement, the Joint Committee is to be convened at the latest three months before the expiry of the Agreement in order to assess and decide on the need for the continuation of the Agreement, including its duration.

(4)

The monitoring of the Agreement has shown that it has become essential for the good functioning of the EU-Ukraine solidarity lanes.

(5)

The prolongation of the Agreement is therefore an answer to the call from the European Union heads of State and Government to the European Union to ‘continue to improve the efficiency of all the Solidarity Lanes’ as they ‘have made possible the export of significant volumes of Ukrainian crops, agricultural products and fertilisers to the countries most in need’ (2).

(6)

The Agreement has also been positive for the European Union since it has allowed an increase in exports to Ukraine. However, the Agreement has only led to a limited increase in operations by Ukrainian road transport operators on territory of the European Union, and has not raised the level of competition for EU road transport operators in an unacceptable way.

(7)

The Agreement has also supported the action by authorities of the Member States competent for the control of driver documents regarding the fight against fraud and forgery.

(8)

The prolongation of the Agreement should be understood as also contributing to the reconstruction of Ukraine beyond Russia’s war of aggression against Ukraine.

(9)

It is therefore appropriate to prolong the Agreement until 30 June 2024,

(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 (the ‘Agreement’) entered into force on 1 September 2017.

(2)

Article 1(2), point (d), of the Agreement provides that the aim of the Agreement is, inter alia, to support Ukrainian efforts to complete the transition into a functioning market economy by means of, inter alia, the progressive approximation of its legislation to that of the Union.

(3)

In Article 124 of the Agreement, the Parties recognise the importance of the approximation of Ukraine’s existing legislation to that of the Union in the telecommunication services sector. Ukraine committed to ensure that its existing laws and future legislation are made compatible with the Union acquis. Such approximation is foreseen to gradually extend to all the acts of the Union acquis referred to in Appendices XVII-2 to XVII-5 of Annex XVII to the Agreement and should, once the conditions for it have been fulfilled, lead to Ukraine’s gradual integration in the EU internal market, notably through the reciprocal granting of internal market treatment in accordance with 4(3) of Annex XVII to the Agreement.

(4)

Ukraine has requested further integration with regard to roaming on public mobile communications networks in the Union, in particular internal market treatment for the purpose of roaming on public mobile communications networks.

(5)

Rules on roaming form part of the Union telecommunications acquis, but were not included in Appendix XVII-3 (Rules applicable to telecommunication services) of Annex XVII to the Agreement. Therefore Appendix XVII-3 should be complemented by the relevant Union acts relating to roaming on public mobile communications networks.

(6)

At the current stage of economic and legal development of the EU internal market related to telecommunications services, the relevant Union acts relating to roaming are the following: Directive (EU) 2018/1972 of the European Parliament and of the Council (1), Regulation (EU) 2022/612 of the European Parliament and of the Council (2), Commission Implementing Regulation (EU) 2016/2286 (3), and Commission Delegated Regulation (EU) 2021/654 (4).

(7)

Directive (EU) 2018/1972 is already included in Appendix XVII-3 of Annex XVII to the Agreement. It is necessary to include the other acts relevant to roaming on public mobile communications networks in that Appendix in order to enable the gradual transition of Ukraine to full enactment and complete and full implementation of all applicable provisions for the telecommunications sector and notably those on roaming on public mobile communications networks.

(8)

A positive assessment of the Ukrainian legislation, its implementation and enforcement conducted in line with the principles set out in Annex XVII to the Agreement is a necessary precondition for any decision by the Trade Committee to grant internal market treatment pursuant to Article 4(3) of Annex XVII with respect to a particular sector. In the context of the Union acquis regarding roaming on public mobile communications networks, the requirement to attain full enactment and complete and full implementation prior to the adoption of the decision on internal market treatment under Article 4(3) of Annex XVII should not be understood as entailing the application between the Parties of the Agreement of the safeguard limits for average wholesale charges for the provision of regulated services related to roaming on public mobile communications networks. The same applies to the regulated maximum voice termination rates for the service of terminating a call to an end user on its network. These are to be granted reciprocally between the Parties of the Agreement as from the date specified in an eventual decision by the Trade Committee to grant internal market treatment for roaming on public mobile communications networks pursuant to Article 4(3) of Annex XVII.

(9)

The gradual integration of Ukraine in the EU internal market, in particular for telecommunication services, will, inter alia, require the full and complete implementation of Delegated Regulation (EU) 2021/654, in line with the objectives of that Regulation. Ukraine is presently not in a position to transpose and fully implement the single maximum Union-wide termination rates for the purpose of national termination services in Ukraine. The implementation of the single maximum Union-wide termination rates also for the purpose of national voice termination services in Ukraine, is however not absolutely necessary for further integration with respect to roaming on public mobile communications networks. A different timeline for implementation is therefore provided for that aspect of Delegated Regulation (EU) 2021/654, with respect to which Ukraine commits to fully implement within three years from an eventual decision by the Trade Committee to grant internal market treatment for roaming on public mobile communications networks pursuant to Article 4(3) of Annex XVII to the Agreement.

(10)

Delegated Regulation (EU) 2021/654 also applies under certain conditions to calls originated from third-country numbers, with the aim of applying the single maximum Union-wide voice termination rates in an open, transparent and non-discriminatory way, and to limit the exclusion of calls originated from third country-numbers to what is strictly necessary to ensure the achievement of the internal market objectives and to ensure proportionality. Ukraine is presently not in a position to transpose and fully implement the single maximum Union-wide voice termination rates for the purpose of calls originating from third-country numbers. While the implementation of the single maximum Union-wide termination rates also for the purpose of termination from third-country numbers, is not absolutely necessary for further integration with respect to roaming on public mobile communications networks, full enactment and complete and full implementation of Delegated Regulation (EU) 2021/654 by Ukraine would be needed to ensure alignment with the applicable rules in the EU internal market for telecommunications services. A different timeline for implementation is therefore provided for with regard to that aspect of Delegated Regulation (EU) 2021/654, with respect to which Ukraine commits to fully implement before an eventual decision by the Trade Committee to grant internal market treatment for telecommunication services pursuant to Article 4(3) of Annex XVII to the Agreement.

(11)

Article 1(4) of Regulation (EU) 2022/612 and Article 3(2) and (3) of Delegated Regulation (EU) 2021/654 refer to reference exchange rates published by the European Central Bank in the Official Journal of the European Union. The European Central Bank does not publish exchange rates for the Ukrainian hryvnia at present. An adaptation is therefore needed with respect to those provisions to provide for the use of the exchange rates between the euro and the Ukrainian hryvnia published by the National Bank of Ukraine for as long as the European Central Bank does not publish exchange rates for the Ukrainian hryvnia.

(12)

Article 11 of Annex XVII to the Agreement empowers the Trade Committee to add the remaining four Union acts to Annex XVII to the Agreement by way of modification thereof.

(13)

Once Ukraine considers that a particular Union legal act has been properly enacted and implemented, Ukraine is to submit the relevant transposition tables, together with an official English translation of the implementing Ukrainian legal act, to the Union co-secretary of the Trade Committee in order for the European Commission to proceed with the comprehensive assessment provided for in Appendix XVII-6 of Annex XVII to the Agreement.

(14)

In view of the ongoing Russian war of aggression against Ukraine, the implementation of the obligations laid down in this Decision may turn out to be objectively impossible or exceedingly difficult within the provided timelines. In that event, Ukraine should submit the matter to the Trade Committee, in accordance with Article 11 of Annex XVII to the Agreement, which is to consider the matter in conformity with Article 3(4) and (5) of Annex XVII to the Agreement,