In pursuit of better standards

Публикация авторов Международной юридической службы – Interlegal – посвящена вопросам, связанным с имплементацией в украинское право положений европейского права во исполнение Соглашения об ассоциации Украина – ЕС. Особое внимание авторы уделили транспортному праву.

On the 16^th of September, 2014, Ukraine ratified its Association Agreement with the European Union and the European Atomic Energy Community – a clear sign of the country’s strive to put an end to the Iron Curtain’s heritage. By aligning Ukraine’s laws and practices with Western standards, the country strives to open its doors and establish a high-class transport & logistics sector.

This unique international agree­ment is aimed at deepening the integration between the EU and Ukraine in the sphere of politics, trade, culture and security. It has been signed in two steps. First, signatures under the political part were placed on the 21^st of March, 2014, encompassing in particular the preamble, general principles, political dialogue and association, the much need­ed reforms, cooperation and convergence in foreign and security policies as well as a set of institutional and general provisions. The economic (final) part was signed three months later on the 27^th of June, 2014, covering issues relating to justice, free­dom, security, trade, economic, financial and sectorial cooperation together with regulations to combat fraud.

The agreement came into force on the 1″ of November, 2014, while the provi­sional application of the ‘Deep and Com­prehensive Free Trade Area’ (DCFTA) part has been delayed until January l^st, 2016, as an overall effort towards a com­prehensive peace process in Ukraine (re­specting its territorial integrity and right to decide its own destiny), although trade preferences from the EU have been pro­longed till this year’s end.

The core

The chief aim of the agreement is for Ukraine to enjoy a well-balanced law, which in turn makes it possible to execute a change from a 1980s styled economy into a more modern, competitive and safer one. Protec­tionism is not allowed (quantitative restric­tions) under the agreement, the same holds true for subsidies to domestic products and price control. Ukraine will also have transparent government procurements, whilst tariff and non-tariff barriers will be eliminated (incl. unnecessary sanitary and phytosanitary measures and technical barri­ers to trade) as per the requirements of the World Trade  Organization and the General Agreement on Tariffs and Trade.

Apart from international level coop­eration between EU Member States and Ukraine, the agreement intends to con­tinue the firm collaboration Ukraine has on a regional level in terms of transport like the ‘Eastern Partnership Panels’, the  ‘Europe-Caucasus-Asia Transport Corridor’ and the ‘Baku Process’.

Overall, implementation of the norms of the EU legislation and the development of a free zone will be gradual, with the so-called transition periods for specific areas ranging from 18 months to 10 years. On the 17^th September, 2014, the Ukrainian Cabinet of Ministers passed ‘Resolution No. 847-p’ according to which an enforcement plan was adopted (see Tab. 1 for a roadmap on transport-related regulations).

Other transport benefits

Apart from the overall plan prescribed in the agreement, Ukraine in the abovementioned resolution targeted also other points in order to ease the integration process’ flow.  As such the country plans its accession to the United Nations Convention on International Multimodal Transport of Goods’ (Geneva, May 24^th, 1980) before 12.2016; adapting the state’s laws concerning the EU’s multimodal transport provisions (12.2015); and preparing a comprehensive national logistics development master plan, covering a network of logistics centres, op­timizing the transportation of grains (incl. the use of inland waterways) as well as im­proving the whole process of transporta­tion, all before the end of 2015. At present, the relevant ministries – working together with various associations, expert groups and non-governmental organizations – are en­gaged in preparing plans for the implemen­tation of the relevant EU directives.

The chief aim of the agreement is for Ukraine to enjoy a well-balanced law, which in turn makes it possible to execute a change from a 1980s styled economy into a more modern, competitive and safer one.

As we can see, the so-called winter 2013-2014 ‘Revolution of Dignity’ forced the signing of the EU-Ukraine Association Agreement. However, the adaptation and implementation process of the EU laws to the national legislative system requires a reasonable amount of time. Neverthe­less, the process has started and, as a re­sult of cooperation between Ukraine and the EU, it is expected to bring essential convergence of standards regarding the transportation of goods, provide addi­tional investments into development and modernization of the existing infrastruc­ture, which will in the end help to over­come the existing barriers of cross-border movement and will also be an important freight transport growth driver. In other words, Ukraine with a little help from its friends now sews the country’s new (law) sails to set on the course for the West. ■

Tab. 1.

Legislation	Schedule in ‘Resolution No. 847-p’	Schedule for imple­mentation in the EU-Ukraine Association Agreement (from the day of entry into force)
Inland transport of dangerous goods (Directive 2008/68/EC of the European Parliament and of the EU Council)	12/2017	5 years
Common rules and standards for ship inspection and survey organizations and for the relevant activities of maritime administrations (Directive 2009/15/EC)	07/2016	5 years
Common rules and standards for ship inspection and survey organizations (Regulation (EC) 391/2009)	07/2016	5 years
Establishing harmonized requirements and procedures for the safe loading and unloading of bulk carriers (Directive 2001/96/EC)	07/2017	5 years
Enhancing ship and port facility security (Regulation (EC) 725/2004)	07/2016	3 years
System of mandatory inspection measures for the safe operation of regular service of ro-ro, ferries and high-speed passenger ships (provisions of the Council Directive 1999/35/EC)	07/2016	3 years
Port reception facilities for ship-generated waste and cargo residues (Directive 2000/59/EC)	07/2017	6 years
Enhancing port security (Directive 2005/65/EC)	07/2016	3 years
Systems of chartering and pricing in national and international inland waterway transport in the Community (Council Directive 96/75/EC)	07/2017	3 years
Establishing a Community vessel traffic monitoring and information system (Directive 2002/59/EC) and repealing Council Directive 93/75/EEC	07/2017	6 years
Compliance with flag state requirements (Directive 2009/21/EC)	07/2016	7 years
Port state control (Directive 2009/16/EC)	07/2016	5 years

Авторы:
	Nitsevych Arthur, a graduate of the Odessa Law Academy and a legal Specialist in the areas of shipping, transport & logistics, transac­tions & investments, currently works as Partner and Attorney at Interlegal as well as chairs the Nautical Institute of Ukraine. Arthur is also, among others, a member of the London Mari­time Arbitrators Association, the International Bar Association, European Maritime Law Organization and the SCMA. In his free time he enjoys playing football, basketball and chess.		Biliuk Ilona, working at Interlegal since 2012, finished the Faculty of Economics and Law at the Odessa I.I.Mechnikov National University as well as Inter­national Business Law (LL.M.) at the Leeds Beckett University. After hours Ilona fancies traveling, literature, sport, cooking and taking photos.

Источник: Baltic Transport Journal. – 2015. – January/February. – P. 16 – 17.