EU/Ukraine Association Agreement: treatment of third country nationals legally employed as workers in the territory of the other party

PURPOSE: to approve the Association Agreement between the European Union and EURATOM and their Member States, of the one part, and Ukraine, of the other part, as regards provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other part.

NON-LEGISLATIVE ACT: Council Decision (EU) 2017/1248 on the conclusion, on behalf of the European Union, 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 provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other party.

BACKGROUND: on 22 January 2007, the Council authorised the Commission to open negotiations with Ukraine for the conclusion of a new agreement between the European Union and Ukraine to replace the Partnership and Cooperation Agreement.

Following these negotiations, the Association Agreement was initialled in 2012. It was signed at Brussels on 21 March 2014 and at Brussels on 27 June 2014, subject to its conclusion at a later date.

The Agreement must now be approved.

CONTENT: the Council decided to approve, on behalf of the Union, 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, together with the Annexes and Protocols thereto, as regards Article 17.

This Decision concerns only Article 17 of the Agreement, which contains specific obligations relating to the treatment of third country nationals legally employed as workers in the territory of the other party and which falls within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union.

Article 17 states that, subject to the laws, conditions and procedures applicable in the Member States and the EU, treatment accorded to workers who are Ukrainian nationals and who are legally employed in the territory of a Member State shall be free of any discrimination based on nationality as regards working conditions, remuneration or dismissal, compared to the nationals of that Member State.

Ukraine shall, subject to the laws, conditions and procedures in Ukraine, accord the treatment to workers who are nationals of a Member State and who are legally employed in its territory.

A separate decision on the other provisions of the Agreement was adopted in parallel with this Decision.

The United Kingdom, Ireland and Denmark are not bound by the Decision.

ENTRY INTO FORCE: 11.7.2017.