EUROPEAN COMMISSION
Brussels, 11.8.2021
COM(2021) 468 final
2021/0262(NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken 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
EXPLANATORY MEMORANDUM
1.Subject matter of the proposal
This proposal concerns the decision establishing the position to be taken on the Union's behalf in the Association Committee in Trade configuration in connection with the envisaged adoption of a decision to amend Appendix XVII-3 (Rules applicable to telecommunication services), Appendix XVII-4 (Rules applicable to postal and courier services) and Appendix XVII-5 (Rules applicable to international maritime transport) of Annex XVII on regulatory approximation.
2.Context of the proposal
2.1.The Association Agreement
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’) aims to establish conditions for enhanced economic and trade relations leading towards Ukraine's gradual integration in the EU Internal Market, including by setting up a Deep and Comprehensive Free Trade Area as stipulated in Title IV (Trade and Trade-related Matters) of the Agreement, and 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. The Agreement entered into force on 1 September 2017.
2.2.The Association Committee in Trade configuration
Pursuant to Article 465(4) of the Agreement, all issues related to Title IV (Trade and Trade-related Matters) of the Agreement shall be addressed in the Association Committee in Trade configuration. According to Article 11 of Annex XVII, that Committee can take a decision to modify annex XVII of the Agreement. Pursuant to Article 465(3), these decisions shall be binding upon the Parties, which shall take appropriate measures to implement them. The Association Committee in Trade configuration shall adopt its decisions by agreement between the Parties.
2.3.The envisaged act of the Association Committee in Trade configuration
The Association Committee in Trade configuration is to adopt a decision to amend Appendix XVII-3 (Rules applicable to telecommunication services), Appendix XVII-4 (Rules applicable to postal and courier services) and Appendix XVII-5 (Rules applicable to international maritime transport) of Annex XVII on regulatory approximation (‘the envisaged act’).
The purpose of the envisaged act is to amend the aforementioned Appendices of Annex XVII in light of the evolution of the Union acquis listed therein since the initialling of the Agreement on 30 March 2012. This conforms to the objective of Ukraine’s gradual regulatory approximation to the Union acquis as laid down in the preamble to the Agreement and in particular in Articles 114, 124 and 138 of Chapter 6 (Establishment, Trade in Services and Electronic Commerce) of Title IV (Trade and Trade-related Matters) of the Agreement.
The envisaged act will become binding on the parties in accordance with Article 11 of the Annex XVII, which provides that: ‘The Trade Committee may decide to modify the provisions of this Annex XVII in case it deems necessary’. Furthermore, Article 465(3) of the Agreement provides that: ‘The Association Committee shall have the power to adopt decisions in the cases provided for in this Agreement and in areas in which the Association Council has delegated powers to it. These decisions shall be binding upon the Parties, which shall take appropriate measures to implement them. The Association Committee shall adopt its decisions by agreement between the Parties’
3.Position to be taken on the Union's behalf
The position to be adopted on behalf of the Union aims at amending Appendix XVII-3 (Rules applicable to telecommunication services), Appendix XVII-4 (Rules applicable to postal and courier services) and Appendix XVII-5 (Rules applicable to international maritime transport) of Annex XVII.
Amending the Appendices is necessary in order to reflect the evolution of the Union acquis that has taken place in the above-mentioned services sectors since the initialling of the negotiated text of the Agreement on 30 March 2012.
This decision implements the Union’s common commercial policy towards an Eastern Partner country, based on the provisions of the above-mentioned Association Agreement. It is consistent with the objective of Ukraine’s gradual regulatory approximation to the Union acquis as laid down in the preamble to the Agreement.
4.Legal basis
4.1.Procedural legal basis
4.1.1.Principles
Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’
4.1.2.Application to the present case
The Association Committee in trade configuration is a body established by the Association Agreement. The decision the Association Committee in trade configuration shall adopt constitutes an act having legal effects. The envisaged act will be binding under international law in accordance with Article 465(3) of the Agreement. The envisaged act does not supplement or amend the institutional framework of the Agreement. Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU.
4.2.Substantive legal basis
4.2.1.Principles
The first subparagraph of Article 207(4) TFEU provides for the exclusive Union competence with regard to trade in services, with the exception of transport services, with regard to third countries including stipulations on the regulatory framework conditions for the supply of such services. Article 100(2) TFEU provides for a legal base regarding measures for sea and air transport.
4.2.2.Application to the present case
The main objective and content of the envisaged act relate to ensuring the implementation of the Union's common commercial policy including aspects of international maritime transport.
Therefore, the substantive legal basis of the proposed decision is provided by Article 100(2) TFEU and the first subparagraph of Article 207(4) TFEU.
4.3.Conclusion
The legal basis of the proposed decision should be Article 100(2) and the first subparagraph of Article 207(4), in conjunction with Article 218(9) TFEU.
5.Publication of the envisaged act
As the decision of the Association Committee will amend the Agreement, it is appropriate to publish it in the Official Journal of the European Union after its adoption.
2021/0262 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken 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
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) and 207(4), first subparagraph, in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(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)Pursuant to Article 11 of Annex XVII, the Association Committee in trade configuration may update or amend Annex XVII of the Agreement.
(3)The Association Committee in trade configuration should adopt the envisaged act on amending Appendix XVII-3 (Rules applicable to telecommunication services), Appendix XVII-4 (Rules applicable to postal and courier services) and Appendix XVII-5 (Rules applicable to international maritime transport).
(4)In accordance with Articles 114, 124 and 138 of the Agreement, both parties recognise the importance of the approximation of Ukraine’s existing legislation to that of the European Union. Ukraine shall ensure that existing laws and future legislation will be gradually made compatible with the EU acquis.
(5)Considering that several Union acts listed in Appendix XVII-3 (Rules applicable to telecommunication services), Appendix XVII-4 (Rules applicable to postal and courier services) and Appendix XVII-5 (Rules applicable to international maritime transport) have been amended or repealed since the initialling of the text of the Agreement on 30 March 2012, it is necessary to adapt the appendices and to adjust certain deadlines to take into account the progress already made to date by Ukraine in the process of approximation to the Union acquis.
(6)It is therefore appropriate to establish the position to be taken on the Union's behalf in the Association Committee in trade configuration, as the envisaged act regarding the modification of Appendix XVII-3 (Rules applicable to telecommunication services), Appendix XVII-4 (Rules applicable to postal and courier services) and Appendix XVII-5 (Rules applicable to international maritime transport) to the Agreement will be binding upon the Union,
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken on the Union's behalf in the Association Committee in Trade configuration 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 as regards the modification of Appendix XVII-3 (Rules applicable to telecommunication services), Appendix XVII-4 (Rules applicable to postal and courier services and Appendix XVII-5 (Rules applicable to international maritime transport) of Annex XVII shall be based on the draft Decision of that Committee attached to this Decision.
Article 2
This Decision is addressed to the Commission.
Done at Brussels,
For the Council
The President
EUROPEAN COMMISSION
Brussels, 11.8.2021
COM(2021) 468 final
ANNEX
to the
Proposal for a Council Decision
on the position to be taken 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
Decision No …./2021 of the EU-Ukraine Association Committee in Trade configuration
of xx.xx.xxxx
amending Appendix XVII-3 (Rules applicable to telecommunication services), Appendix XVII-4 (Rules applicable to postal and courier services) and Appendix XVII-5 (Rules applicable to international maritime transport) of Annex XVII 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
THE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION,
Having 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, and in particular Article 465(3) and Article 11 of Annex XVII,
Whereas:
(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)The Preamble and Article 1(2)(d) of the Agreement affirms the Parties’ desire to support the reform process in Ukraine, including through legislative approximation, thereby contributing to further economic integration and the deepening of political association.
(3)In Articles 114, 124 and 138 of the Agreement, the Parties recognise the importance of the approximation of Ukraine's existing legislation to that of the European Union for the sectors of telecommunication services, postal and courier services, and international maritime transport services. Ukraine shall ensure that its existing laws and future legislation will be gradually made compatible with the EU acquis. Such approximation will gradually extend to all the elements of the EU acquis referred to in Annex XVII to the Agreement.
(4)The EU acquis listed in Appendix XVII-3 (Rules applicable to telecommunication services), Appendix XVII-4 (Rules applicable to postal and courier services) and Appendix XVII-5 (Rules applicable to international maritime transport) to Annex XVII has substantially evolved since the conclusion of the negotiations of the Agreement. This evolution should be reflected in the mentioned Appendices to the Agreement.
(5)In line with Article 4(2) of Annex XVII, once Ukraine considers that a particular EU legal act has been properly enacted and implemented, Ukraine should submit the relevant transposition table(s), together with an official English translation of the implementing Ukrainian legal act, to the EU co-secretary of the Association Committee in Trade configuration in order to proceed with the assessment provided in Appendix XVII-6.
HAS ADOPTED THIS DECISION:
Article 1
1.Appendix XVII-3 (Rules applicable to telecommunication services) of Annex XVII to the Agreement is hereby replaced by Annex 1 to this Decision.
2.Appendix XVII-4 (Rules applicable to postal and courier services) of Annex XVII to the Agreement is hereby replaced by Annex 2 to this Decision.
3.Appendix XVII-5 (Rules applicable to international maritime transport) of Annex XVII to the Agreement is hereby replaced by Annex 3 to this Decision.
Article 2
This decision has been established in Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Ukrainian languages, each of them being equally authentic.
Article 3
This Decision shall enter into force on the day of its adoption.
Done at …, ….
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For the Association Committee in Trade configuration |
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The Chair |
The secretaries |
ANNEX 1
Appendix XVII-3
RULES APPLICABLE TO TELECOMMUNICATION SERVICES
The applicable provisions of the following EU acts shall be applicable in accordance with the provisions on horizontal adaptations set out in Appendix XVII-1 unless otherwise specified. Where necessary, specific adaptations for each individual act are set out hereafter.
Applicable provisions to be adopted:
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A.Overall European electronic communications policy |
Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code
–take appropriate and proportionate legislative, technical and organisational measures, taking into account the framework of measures presented in the “Cybersecurity of 5G networks EU Toolbox of risk mitigating measures” published following Commission Recommendation (EU) 2019/534 of 26 March 2019 (C(2019) 2335), when it comes to appropriately managing the risks posed to the security of networks and services.
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Timetable: the Directive's provisions shall be implemented by 31 December 2024. |
Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users' rights relating to electronic communications networks and services
–implement Articles 2-6 of the Regulation (EU) 2015/2120.
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Timetable: the Regulation's provisions shall be implemented by 31 December 2025. |
Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services
–monitor fair competition in the electronic communications markets, in particular concerning cost oriented prices for services.
Directive 98/84/EC of the European Parliament and of the Council of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access.
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Timetable: the Directive's provisions shall be implemented within 2 years of the entry into force of this Agreement. |
Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce in the Internal Market ('Directive on electronic commerce').
The Directive covers all information society services, both business to business and business to consumer, i.e. any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of service.
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Timetable: the Directive's provisions shall be implemented within 3 years of the entry into force of this Agreement. |
Directive 2014/61/EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce the cost of deploying high-speed electronic communications networks.
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Timetable: the Directive's provisions shall be implemented by 31 December 2021. |
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B.Regulatory framework for radio spectrum policy |
Decision 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community
–analyse in accordance with the policy and legal framework stipulated by Decision 676/2002/EC and adopt policy and regulation ensuring the harmonised availability and efficient use of spectrum.
Commission Decision 2010/267/EU of 6 May 2010 on harmonised technical conditions of use in the 790-862 MHz frequency band for terrestrial systems capable of providing electronic communications services in the European Union.
Commission Implementing Decision 2011/251/EU of 18 April 2011 amending Decision 2009/766/EC on the harmonisation of the 900 MHz and 1800 MHz frequency bands for terrestrial systems capable of providing panEuropean electronic communications services in the Community.
Commission Decision 2009/766/EC of 16 October 2009 on the harmonisation of the 900 MHz and 1800 MHz frequency bands for terrestrial systems capable of providing pan- European electronic communications services in the Community.
Commission Implementing Decision 2012/688/EU of 5 November 2012 on the harmonisation of the frequency bands 1920-1980 MHz and 2110-2170 MHz for terrestrial systems capable of providing electronic communications services in the Union.
Commission Decision 2008/477/EC of 13 June 2008 on the harmonisation of the 2500-2690 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community.
Commission Implementing Decision (EU) 2019/235 of 24 January 2019 on amending Decision 2008/411/EC as regards an update of relevant technical conditions applicable to the 3400-3800 MHz frequency band.
Commission Implementing Decision (EU) 2018/1538 of 11 October 2018 on the harmonisation of radio spectrum for use by short-range devices within the 874-876 and 915-921 MHz frequency bands.
Commission Implementing Decision 2014/276/EU of 2 May 2014 amending the Decision 2008/411/EC on the harmonisation of the 3400-3800 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community.
Commission Decision 2008/411/EC of 21 May 2008 on the harmonisation of the 3400 - 3800 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community.
Commission Decision 2008/671/EC of 5 August 2008 on the harmonised use of radio spectrum in the 5875 - 5905 MHz frequency band for safetyrelated applications of Intelligent Transport Systems (ITS).
Commission Decision 2007/344/EC of 16 May 2007 on harmonised availability of information regarding spectrum use within the Community.
Commission Decision 2007/90/EC of 12 February 2007 amending Decision 2005/513/EC on the harmonised use of radio spectrum in the 5 GHz frequency band for the implementation of Wireless Access Systems including Radio Local Area Networks (WAS/RLANs).
Commission Decision 2005/513/EC of 11 July 2005 on the harmonised use of radio spectrum in the 5 GHz frequency band for the implementation of Wireless Access Systems including Radio Local Area Networks (WAS/RLANs).
Commission Implementing Decision (EU) 2017/1483 of 8 August 2017 amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices and repealing Decision 2006/804/EC.
Commission Implementing Decision 2013/752/EU of 11 December 2013 amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices and repealing Decision 2005/928/EC.
Commission Implementing Decision 2011/829/EU of 8 December 2011 amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices.
Commission Decision 2010/368/EU of 30 June 2010 amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices.
Commission Decision 2009/381/EC of 13 May 2009 amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices.
Commission Decision 2008/432/EC of 23 May 2008 amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices.
Commission Decision 2006/771/EC of 9 November 2006 on harmonisation of the radio spectrum for use by short-range devices.
Commission Decision 2010/166/EC of 19 March 2010 on harmonised conditions of use of radio spectrum for mobile communication services on board vessels (MCV services) in the European Union.
Commission Implementing Decision 2014/641/EU of 1 September 2014 on harmonised technical conditions of radio spectrum use by wireless audio programme making and special events equipment in the Union.
Commission Implementing Decision (EU) 2017/2077 of 10 November 2017 amending Decision 2005/50/EC on the harmonisation of the 24 GHz range radio spectrum band for the time-limited use by automotive short-range radar equipment in the Community.
Commission Implementing Decision 2011/485/EU of 29 July 2011 amending Decision 2005/50/EC on the harmonisation of the 24 GHz range radio spectrum band for the time-limited use by automotive short-range radar equipment in the Community.
Commission Decision 2005/50/EC of 17 January 2005 on the harmonisation of the 24 GHz range radio spectrum band for the time-limited use by automotive short-range radar equipment in the Community.
Commission Decision 2004/545/EC of 8 July 2004 on the harmonisation of radio spectrum in the 79 GHz range for the use of automotive short-range radar equipment in the Community.
Commission Decision 2007/98/EC of 14 February 2007 on the harmonised use of radio spectrum in the 2 GHz frequency bands for the implementation of systems providing mobile satellite services.
Commission Implementing Decision (EU) 2016/339 of 8 March 2016 on the harmonisation of the 2010-2025 MHz frequency band for portable or mobile wireless video links and cordless cameras used for programme making and special events.
Commission Implementing Decision (EU) 2015/750 of 8 May 2015 on the harmonisation of the 1452-1492 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Union.
Commission Implementing Decision (EU) 2016/687 of 28 April 2016 on the harmonisation of the 694-790 MHz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services and for flexible national use in the Union.
Commission Implementing Decision (EU) 2016/2317 of 16 December 2016 amending Decision 2008/294/EC and Implementing Decision 2013/654/EU, in order to simplify the operation of mobile communications on board aircraft (MCA services) in the Union.
Commission Implementing Decision (EU) 2017/191 of 1 February 2017 amending Decision 2010/166/EU, in order to introduce new technologies and frequency bands for mobile communication services on board vessels (MCV services) in the European Union.
Commission Implementing Decision (EU) 2018/637 of 20 April 2018 amending Decision 2009/766/EC on the harmonisation of the 900 MHz and 1800 MHz frequency bands for terrestrial systems capable of providing panEuropean electronic communications services in the Community as regards relevant technical conditions for the Internet of Things.
Commission Implementing Decision (EU) 2018/661 of 26 April 2018 amending Implementing Decision (EU) 2015/750 on the harmonisation of the 1452-1492 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Union as regards its extension in the harmonised 1427-1452 MHz and 1492-1517 MHz frequency bands.
Decision 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme, entered into force on 10.4.2012.
Decision (EU) 2017/899 of the European Parliament and of the Council of 17 May 2017 on the use of the 470-790 MHz frequency band in the Union, entered into force on 14.6.2017.
Commission Implementing Decision (EU) 2019/785 of 14 May 2019 on the harmonisation of radio spectrum for equipment using ultra-widwband technology in the Union and repealing Decision 2007/131/EC.
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Timetable: the provisions in the above acts related to “Regulatory framework for radio spectrum policy” shall be implemented for available spectrum by 30 December 2022. |
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C.Electronic identification, authentication and trust services |
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.
Commission Implementing Regulation (EU) No 2015/806 of 22 May 2015 laying down specifications relating to the form of the EU trust mark for qualified trust services.
Commission Implementing Decision (EU) 2015/1505 of 8 September 2015 laying down technical specifications and formats relating to trusted lists pursuant to Article 22(5) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market.
Commission Implementing Decision (EU) 2015/1506 of 8 September 2015 laying down specifications relating to formats of advanced electronic signatures and advanced seals to be recognised by public sector bodies pursuant to Articles 27(5) and 37(5) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market.
Commission Implementing Decision (EU) 2016/650 of 25 April 2016 laying down standards for the security assessment of qualified signature and seal creation devices pursuant to Articles 30(3) and 39(2) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market.
Commission Implementing Decision (EU) 2015/296 of 24 February 2015 establishing procedural arrangements for cooperation between Member States on electronic identification pursuant to Article 12(7) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market
Commission Implementing Regulation (EU) 2015/1501 of 8 September 2015 on the interoperability framework pursuant to Article 12(8) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market.
Commission Implementing Regulation (EU) 2015/1502 of 8 September 2015 on setting out minimum technical specifications and procedures for assurance levels for electronic identification means pursuant to Article 8(3) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market.
Commission Implementing Decision (EU) 2015/1984 of 3 November 2015 defining the circumstances, formats and procedures of notification pursuant to Article 9(5) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market.
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Timetable: the provisions in the above acts related to “Electronic identification, authentication and trust services” shall be implemented by 31 December 2021. |
ANNEX 2
Appendix XVII-4
RULES APPLICABLE TO POSTAL AND COURIER SERVICES
The applicable provisions of the following EU acts shall be applicable in accordance with the provisions on horizontal adaptations set out in Appendix XVII-1 unless otherwise specified. Where necessary, specific adaptations for each individual act are set out hereafter.
Applicable provisions to be adopted:
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.
Directive 2002/39/EC of the European Parliament and of the Council of 10 June 2002 amending Directive 97/67/EC with regard to the further opening to competition of Community postal services.
Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services.
Regulation (EU) 2018/644 of the European Parliament and of the Council of 18 April 2018 on cross-border parcel delivery services *.
Commission Implementing Regulation (EU) 2018/1263 of 20 September 2018 establishing the forms for the submission of information by parcel delivery service providers pursuant to Regulation (EU) 2018/644 of the European Parliament and of the Council *.
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Timetable: the provisions in the above acts related to postal and courier services shall be implemented by 31 December 2021, except for the acts signaled with (*), which shall be implemented by 31 December 2024. |
ANNEX 3
Appendix XVII-5
RULES APPLICABLE TO INTERNATIONAL MARITIME TRANSPORT
The applicable provisions of the following EU acts shall be applicable in accordance with the provisions on horizontal adaptations set out in Appendix XVII-1 unless otherwise specified. Where necessary, specific adaptations for each individual act are set out hereafter.
Applicable provisions to be adopted:
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A.Maritime safety - Flag state / classification societies |
Directive 2009/15/EC of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations.
Commission Implementing Directive 2014/111/EU of 17 December 2014 amending Directive 2009/15/EC with regard to the adoption by the International Maritime Organization (IMO) of certain Codes and related amendments to certain conventions and protocols.
Regulation (EC) 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations.
Corrigendum to Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations.
Commission Implementing Regulation (EU) No 1355/2014 of 17 December 2014 amending Regulation (EC) No 391/2009 with regard to the adoption by the International Maritime Organization (IMO) of certain Codes and related amendments to certain conventions and protocols.
Regulation (EC) No 336/2006 of the European Parliament and of the Council of 15 February 2006 on the implementation of the International Safety Management Code within the Community and repealing Council Regulation (EC) No 3051/95.
Commission Regulation (EC) No 540/2008 of 16 June 2008 amending Annex II to Regulation (EC) No 336/2006 of the European Parliament and of the Council on the implementation of the International Safety Management (ISM) Code within the Community, as regards format of forms.
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Timetable: the provisions in the above acts related to “Maritime safety – Flag state/ classification societies” shall be implemented by 31 December 2021. |
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B.Port State |
Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control.
Corrigendum to Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control.
Directive 2013/38/EU of the European Parliament and of the Council of 12 August 2013 amending Directive 2009/16/EC on port State control.
Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/EC.
Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC.
Commission Regulation (EU) No 428/2010 of 20 May 2010 implementing Article 14 of Directive 2009/16/EC of the European Parliament and of the Council as regards expanded inspections of ships.
Commission Regulation (EU) No 801/2010 of 13 September 2010 implementing Article 10(3) of Directive 2009/16/EC of the European Parliament and of the Council as regards the flag State criteria.
Commission Regulation (EU) No 802/2010 of 13 September 2010 implementing Article 10(3) and Article 27 of Directive 2009/16/EC of the European Parliament and of the Council as regards company performance *.
Commission Implementing Regulation (EU) No 1205/2012 of 14 December 2012 amending Regulation (EU) No 802/2010 as regards the company performance *.
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Timetable: the provisions in the above acts related to “Port State” shall be implemented by 31 December 2021, except for the acts signaled with (*), which shall be implemented by 31 December 2022 |
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C.Traffic monitoring |
Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC.
Directive 2009/17/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2002/59/EC establishing a Community vessel traffic monitoring and information system.
Directive 2009/18/EC of the European Parliament and of the Council of 23 April 2009 establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliament and of the Council.
Commission Directive 2011/15/EU of 23 February 2011 amending Directive 2002/59/EC of the European Parliament and of the Council establishing a Community vessel traffic monitoring and information system.
Commission Directive 2014/100/EU of 28 October 2014 amending Directive 2002/59/EC of the European Parliament and of the Council establishing a Community vessel traffic monitoring and information system.
(a)Technical and operational rules
— Passenger ships
Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and standards for passenger ships.
Commission Directive 2010/36/EU of 1 June 2010 amending Directive 2009/45/EC of the European Parliament and of the Council on safety rules and standards for passenger ships.
Commission Directive (EU) 2016/844 of 27 May 2016 amending Directive 2009/45/EC of the European Parliament and of the Council on safety rules and standards for passenger ships.
Directive (EU) 2017/2110 of the European Parliament and of the Council of 15 November 2017 on a system of inspection for the safe operation of ro-ro passenger ships and high-speed passenger craft in regular service and amending Directive 2009/16/EC and repealing Council Directive 1999/35/EC.
Commission Regulation (EU) No 1286/2011 of 9 December 2011 adopting a common methodology for investigating marine casualties and incidents developed pursuant to Article 5(4) of Directive 2009/18/EC of the European Parliament and of the Council.
Directive 2003/25/EC of the European Parliament and of the Council of 14 April 2003 on specific stability requirements for ro-ro passenger ships.
Commission Directive 2005/12/EC of 18 February 2005 amending Annexes I and II to Directive 2003/25/EC of the European Parliament and of the Council on specific stability requirements for ro-ro passenger ships.
— Oil tankers
Regulation (EU) No 530/2012 of the European Parliament and of the Council of 13 June 2012 on the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers **.
— Bulk carriers
Directive 2001/96/EC of the European Parliament and of the Council of 4 December 2001 establishing harmonised requirements and procedures for the safe loading and unloading of bulk carriers.
— Crew
Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008 on the minimum level of training of seafarers.
Directive 2012/35/EU of the European Parliament and of the Council of 21 November 2012 amending Directive 2008/106/EC on the minimum level of training of seafarers.
(b)Environment
Directive (EU) 2019/883 of the European Parliament and of the Council of 17 April 2019 on port reception facilities for the delivery of waste from ships, amending Directive 2010/65/EU and repealing Directive 2000/59/EC *.
Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14 April 2003 on the prohibition of organotin compounds on ships.
Commission Regulation (EC) No 536/2008 of 13 June 2008 giving effect to Article 6(3) and Article 7 of Regulation (EC) No 782/2003 of the European Parliament and of the Council on the prohibition of organotin compounds on ships and amending that Regulation.
Directive 2002/84/EC of the European Parliament and of the Council of 5 November 2002 amending the Directives on maritime safety and the prevention of pollution from ships.
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Timetable: the provisions in the above acts related to “Traffic monitoring” shall be implemented by 31 December 2021, except for the acts signaled with (*), which shall be implemented by 31 December 2023, and acts signaled with (**), which shall follow the timetable of phasing-out single hull tankers according to the schedule as specified in the MARPOL Convention. |
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D.Technical conditions |
Directive 2010/65/EU of the European Parliament and of the Council of 20 October 2010 on reporting formalities for ships arriving in and/or departing from ports of the Member States and repealing Directive 2002/6/EC.
Regulation (EU) 2019/1239 of the European Parliament and of the Council of 20 June 2019 establishing a European Maritime Single Window environment and repealing Directive 2010/65/EU.
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Timetable: the provisions in Directive 2010/65/EU shall be implemented by 31 December 2021, and the provisions in Regulation (EU) 2019/1239 by 15 August 2025. |
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E.Social conditions |
Council Directive 92/29/EEC of 31 March 1992 on the minimum safety and health requirements for improved medical treatment on board vessels *.
Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003 adapting to Council Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in instruments subject to the procedure referred to in Article 251 of the EC Treaty.
Directive 2007/30/EC of the European Parliament and of the Council of 20 June 2007 amending Council Directive 89/391/EEC, its individual Directives and Council Directives 83/477/EEC, 91/383/EEC, 92/29/EEC and 94/33/EC with a view to simplifying and rationalising the reports on practical implementation.
Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST) - Annex: European Agreement on the organisation of working time of seafarers, except Clause 16.
Council Directive 2009/13/EC of 16 February 2009 implementing the Agreement concluded by the European Community Shipowners' Association (ECSA) and the European Transport Workers' Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC.
Directive 1999/95/EC of the European Parliament and of the Council of 13 December 1999 concerning the enforcement of provisions in respect of seafarers' hours of work on board ships calling at Community ports.
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Timetable: the provisions in the above acts related to “Social conditions” shall be implemented by 31 December 2021, except for the acts signaled with (*), which shall be implemented by 31 December 2023. |
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F.Maritime security |
Directive 2005/65/EC of the European Parliament and of the Council of 26 October 2005 on enhancing port security.
Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security.
2009/83/EC: Commission Decision of 23 January 2009 amending Regulation (EC) No 725/2004 of the European Parliament and of the Council as far as the IMO Unique Company and Registered Owner Identification Number Scheme is concerned.
Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 on marine equipment and repealing Council Directive 96/98/EC.
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Timetable: the provisions in the above acts related to “Maritime security”, except those concerning Commission inspections, shall be implemented by 31 December 2021. |
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G.Port Services |
Regulation (EU) 2017/352 of the European Parliament and of the Council of 15 February 2017 establishing a framework for the provision of port services and common rules on the financial transparency of ports.
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Timetable: the provisions in the above act related to “Port services” shall be implemented by 31 December 2024. |