Possibility of application of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (PEM Convention) in Ukraine

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Dear Taxation and Customs Union,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the information on the application of the Regional convention on pan-Euro-Mediterranean preferential rules of origin (PEM Convention) in Ukraine.

The matter is that, concerning relationships between the EU and Ukraine, PEM Convention is to be applied from January 1, 2019.
However, it is established that the mechanism of cumulation could be implemented solely adhering following requirements:
(a) a preferential trade agreement in accordance with Article XXIV of the General Agreement on Tariffs and Trade is applicable between the Contracting Parties involved in the acquisition of the originating status and the Contracting Party of destination;
(b) materials and products have acquired originating status by the application of rules of origin identical to those given in this Convention; and
(c) notices indicating the fulfilment of the necessary requirements to apply cumulation have been published in the Official Journal of the European Union (C series) and in the Contracting Parties which are party to the relevant Agreements, according to their own procedures.

Nowadays, as far as I am concerned, the free trade agreement between Ukraine and the EU is signed, which satisfies the first condition. Furthermore, the EU-Ukraine Customs Sub-Committee made a decision No 1/2018 of 21 November 2018 replacing Protocol I to the EU-Ukraine Association Agreement. Respectively, rules of origin are unified, which meets the second requirement. Finally, this decision has been published in Official Journal of the European Union (OJ L 20, 23.1.2019, p. 40–42). Thereof, as I understand, all requirements seem to be satisfied.

Could you, please, confirm whether I am correct and provisions of the PEM Convention could be applied in relationships between the EU and Ukraine without obstacles, and provide documents that might corroborate it?

I would like to thank you in advance for the information.

Yours faithfully,

Iryna Klochnyk

Taxation and Customs Union

Dear Madam,

Thank you for your request for access to documents.

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Best regards,

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