Strategic Partnership Agreement between the United Kingdom and Ukraine
(Goods and Services)
Questions and Replies
The following
communication, dated 12 August 2024, is being circulated at the request of the
delegations of the United Kingdom and Ukraine.
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Questions from Canada
Domestic regulation
1.1. Paragraph 4.49: Canada
notes that the articles on domestic regulation as set out on page 80, subsection
1 of Section 5 of Chapter 6 focus exclusively on conditions for licensing and
licensing procedures.
Could
the Parties explain why the articles on domestic regulation only focus on
conditions for licensing and licensing procedures. Why did the UK and Ukraine
decide to exclude qualification requirements and procedures as well as
technical standards from the scope of the Domestic Regulation section?
Joint response from the Parties
Generally, agreements that the UK has
transitioned since leaving the EU replicate, as far as possible, the effects of
previous EU agreements. Therefore, in this section, the Articles cover the
conditions for licensing and focus on disciplines such as the criteria to
preclude arbitrary assessments, appropriate examinations, and limited licenses.
This section also covers licensing and selection procedures and includes
disciplines such as fees and notification.
Recognition
1.2. Paragraph 4.52: Canada notes that article 102 of sub-section 2 of
Section 5 of Chapter 6 incorporates disciplines on mutual recognition.
a._
Could the Parties
clarify the extent to which it is the intention of Article 102 to incorporate
such mutual recognition agreements into the UK-Ukraine FTA, if they are found
to be consistent with the Agreement?
b._ Has the Trade
Committee reviewed any mutual recognition agreements between the Parties'
regulators since the entry into force of the Agreement?
Joint response from the Parties
Article 102 does not reference
whether any such agreement will or will not be incorporated into the FTA. This
would be a decision for the parties at the time. In any case, Article 102 is
clear that "any such agreement shall be in conformity with the relevant
provisions of the WTO Agreement, and in particular, Article VII of the GATS".
The Trade Committee has not reviewed
any Mutual Recognition Agreements between the parties' regulators since the
Agreement has entered into force.
Electronic commerce
1.3. Paragraph 5.66 of the factual presentation states:
"The Parties also agree that the development of electronic commerce must
be compatible with international data protection standards, to ensure the
confidence of users of electronic commerce. They commit to maintain a dialogue
on regulatory issues on electronic commerce (Article 132)."
Could the parties elaborate on their
agreement to keep developments in electronic commerce compatible with highest
international data protection standards. For instance, how do the parties
determine the best data protection standards and what is currently being used
as a standard?
Joint response
from the Parties
This
question relates primarily to Article 131, paragraph 2, of the Political, Free
Trade and Strategic Partnership Agreement between the United Kingdom of Great
Britain and Northern Ireland and Ukraine. This agreement was made by the UK and
Ukraine to preserve their trading terms after the UK's departure from the
European Union, essentially providing a like for like agreement to that which
existed between Ukraine and the European Union at the time. The article in
question will shortly be superseded by the separate Digital Trade Agreement
between the United Kingdom of Great Britain and Northern Ireland and
Ukraine. The deal safeguards high standards on personal data protection and
locks in a requirement for personal data to be protected in both countries.
Under that agreement each party commits to meeting the best data protection
standards with each party adopting or maintaining a framework for the
protection of personal information and working to promote interoperability and
compatibility between their respective frameworks.
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