(1)

By Decision (EU) 2022/1158 (1), the Council authorised the signature of the Agreement between the European Union and Ukraine on the carriage of freight by road (2) (the ‘Agreement’). The Agreement has been provisionally applied since 29 June 2022, its conclusion was approved by Council Decision (EU) 2022/2435 (3) and by Decision No 2/2023 of the Joint Committee established by the Agreement between the European Union and Ukraine on the carriage of freight by road (4), it was prolonged until 30 June 2024.

(2)

In accordance with Council Decision (EU) 2024/1876 (5), the Agreement between the European Union and Ukraine amending the Agreement between the European Union and Ukraine on the carriage of freight by road of 29 June 2022 (6) (the ‘amending Agreement’) was signed on 20 June 2024, subject to its conclusion at a later date. The amending Agreement has been provisionally applied since the day of its signature.

(3)

The Agreement has proven to be essential for Ukraine, supporting the Ukrainian society and economy by allowing Union and Ukrainian road haulage operators to carry out freight transport operations to and through the Ukrainian territory to the Union and vice-versa, thereby also supporting the Solidarity Lanes for Ukraine. Its effects remain positive also for the European Union, in particular for the Union’s exports to Ukraine.

(4)

The conditions justifying the conclusion of the Agreement continue to prevail, in particular the important disruptions faced by the transport sector in Ukraine following Russia’s war of aggression against Ukraine.

(5)

In view of the exceptional and unique circumstances that necessitate the conclusion of the amending Agreement and in accordance with the Treaties, it is appropriate for the Union to exercise temporarily the relevant shared competence conferred upon it by the Treaties. Any effect of this Decision on the division of competences between the Union and the Member States should be strictly limited in time. The competence exercised by the Union on the basis of this Decision and of the Agreement should therefore be exercised only during the period of application of the Agreement. Accordingly, the shared competence thus exercised will cease to be exercised by the Union as soon as the Agreement ceases to apply. Without prejudice to other Union measures, and subject to compliance with those Union measures, that competence will, in accordance with Article 2(2) of the Treaty on the Functioning of the European Union (TFEU), again be exercised by the Member States thereafter. Furthermore, it is recalled that, as set out in the Protocol on the exercise of shared competence annexed to the Treaty on European Union and to the TFEU, the scope of the exercise of the competence of the Union in this Decision covers only those elements governed by this Decision and the Agreement, and does not cover the whole area. The exercise of Union competence by this Decision is without prejudice to the respective competences of the Union and of the Member States in relation to any ongoing or future negotiations for, or signature or conclusion of, international agreements with any other third country in that area.

(6)

At the Joint Committee meeting held on 18 December 2023, it was concluded that the Agreement fulfils its intended purpose and that the underlying conditions justifying the Agreement remain valid. However, the Parties also noted several issues arising from the application and implementation of the Agreement and its possible impact at local level on the road transport sector in the Union. Limited changes to the Agreement are therefore required to facilitate its enforcement and strengthen its implementation.

(7)

In order for both the Union and Ukraine to continue benefitting from the positive effects of the Agreement on facilitating road freight transport between and through Ukraine and the Union, and subject to the necessary amendments, the Agreement should be prolonged until 30 June 2025, with the possibility for a tacit renewal for one period of six months.

(8)

The amending Agreement should be approved.

(9)

In accordance with the Treaties, the Commission should make the notification provided for in Article 2(1) of the amending Agreement,