Considerations on COM(2013)289 - ANNEX Annex XXVI to XLIV to Title V of the Association Agreement with the Ukraine ANNEX X to the PROPOSAL FOR A COUNCIL DECISION on the signing and provisional application of the Association Agreement with Ukraine

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table>(1)On 22 January 2007, the Council authorised the Commission to open negotiations with Ukraine for the conclusion of a new agreement between the Union and Ukraine to replace the Partnership and Cooperation Agreement (1).
(2)Taking account of the close historical relationship and progressively closer links between the Parties as well as their desire to strengthen and widen relations in an ambitious and innovative way, the negotiations on 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 (hereinafter referred to as ‘the Agreement’), were successfully concluded by the initialling of the Agreement in 2012.

(3)The Agreement should be signed on behalf of the Union and the Final Act attached to this Decision approved. The Agreement should be applied in part, on a provisional basis in accordance with Article 486 thereof, which provides for the provisional application of the Agreement before its entry into force, pending the completion of the procedures for its conclusion.

(4)The provisional application of parts of the Agreement does not prejudge the allocation of competences between the Union and its Member States in accordance with the Treaties.

(5)The Agreement should not be construed as conferring rights or imposing obligations which can be directly invoked before Union or Member State courts and tribunals.

(6)Due to political developments and in order to implement the decisions of the European Council meeting of 6 March 2014, it is envisaged that the signature of the Agreement is subject to the Final Act,