Decision 2022/2435 - Conclusion of the Agreement with Ukraine on the carriage of freight by road - Main contents

EN

Official Journal of the European Union

L 319/5

In accordance with Council Decision (EU) 2022/1158 (2) the Agreement between the European Union and Ukraine on the carriage of freight by road (the ‘Agreement’) was signed on 29 June 2022, subject to its conclusion at a later date.

In view of the important disruptions in the transport sector in Ukraine caused by the war of aggression undertaken by Russia, it is necessary to find alternative routes by road for Ukraine to export its stocks of grain, fuel, foodstuffs and other relevant goods.

Given that Member States’ European Conference of Ministers of Transport permits and the bilateral agreements between Member States and Ukraine do not allow for the necessary flexibility for Ukrainian road haulage operators to increase and plan ahead their operations through and with the Union, it is crucial to liberalise the transport of freight by road for bilateral operations and transit.

In view of the exceptional and unique circumstances that necessitate the signature, provisional application and conclusion of the Agreement, and in accordance with the Treaties, it is appropriate for the Union to exercise temporarily the relevant shared competence conferred upon it by the Treaties. Any effect of this Decision on the division of competences between the Union and the Member States should be strictly limited in time. The competence exercised by the Union on the basis of this Decision and of the Agreement should therefore be exercised only during the period of application of the Agreement. Accordingly, the shared competence thus exercised will cease to be exercised by the Union as soon as the Agreement ceases to apply. Without prejudice to other Union measures, and subject to compliance with those Union measures, that competence will, in accordance with Article 2(2) of the Treaty on the Functioning of the European Union (TFEU), again be exercised by the Member States thereafter. Furthermore, it is recalled that, as set out in Protocol No 25 on the exercise of shared competence annexed to the Treaty on European Union and to the TFEU, the scope of the exercise of the competence of the Union in this Decision covers only those elements governed by this Decision and the Agreement and does not cover the whole area. The exercise of Union competence by this Decision is without prejudice to the respective competences of the Union and of the Member States in relation to any ongoing or future negotiations for, or signature or conclusion of, international agreements with any other third country in that area.

Russia’s war of aggression against Ukraine has compromised the possibility for many Ukrainian drivers to follow the administrative procedures related to driver documents, such as international driving permit applications or the issuance of new driver documents in the event they are lost or stolen. It is thus important to address these exceptional circumstances by providing for specific measures that exempt drivers from the requirement to present an international driving permit, that recognise decisions taken by Ukraine to extend the administrative validity of driver documents, and that facilitate the exchange of information between the competent authorities of the Parties to the Agreement with the aim of combatting fraud and the forgery of driver documents.

The Agreement should be approved on behalf of the Union,