Committee on Regional Trade Agreements - Strategic Partnership Agreement between the United Kingdom and Ukraine - Goods and services - Questions and replies

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.

 

_______________

 

 

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.

 

__________