Chapter 27: Administration of the Agreement – Text of the 2023 Canada - Ukraine Free Trade Agreement

Article 27.1: Joint Commission

1. The Parties hereby continue the Joint Commission established under the 2017 Agreement, composed of representatives at the Ministerial level or their designees, and incorporate it under this Agreement.

2. The Joint Commission shall:

• (a) supervise the implementation of this Agreement;
• (b) review the general functioning of this Agreement;
• (c) oversee the further elaboration of this Agreement;
• (d) supervise the work of all committees and subcommittees established or continued under this Agreement referred to in Articles 1 and 2 of Annex 27-A, and any other bodies established or continued under paragraph 5; and
• (e) consider any other matter that may affect the operation of this Agreement.

3. The Joint Commission may:

• (a) adopt interpretive decisions concerning this Agreement binding on panels established under Article 28.7 (Establishment of a Panel);
• (b) seek the advice of non-governmental persons or groups;
• (c) further the implementation of the objectives of this Agreement by approving any revisions of:
  • (i) a Party's Schedule to Annex 2-B (Tariff Elimination) with the purpose of adding one or more goods excluded in the Tariff Elimination Schedule;
  • (ii) the phase-out periods established in Annex 2-B (Tariff Elimination), with the purpose of accelerating the tariff reduction;
  • (iii) the product-specific rules of origin established in Annex 3-A (Product-Specific Rules of Origin); and
  • (iv) the procuring entities listed in Annex 11‑A.1 and Annex 11-B.1 (Central Government Entities) and Annex 11-A.2 and Annex 11‑B.2 (Other Entities);
• (d) consider any amendments or modifications to the rights and obligations under this Agreement;
• (e) establish the amount of remuneration and expenses that will be paid to panellists; and
• (f) take any other action in the exercise of its functions as the Parties may decide.

4. The revisions referred to in subparagraph 3(c) shall be subject to the completion of any necessary legal procedures of either Party.

5. The Joint Commission may establish and delegate responsibilities to committees, subcommittees, or working groups. Unless otherwise provided in this Agreement, the committees, subcommittees, and working groups shall work under a mandate recommended by the Agreement Coordinators referred to in Article 27.2 and approved by the Joint Commission. Responsibilities established and delegated by the Joint Commission pursuant to Article 16.1(6) (Joint Commission) of the 2017 Agreement are continued under this Agreement.

6. The Joint Commission shall establish its rules and procedures. Decisions of the Commission shall be taken by mutual consent.

7. The Joint Commission shall convene once a year or upon the request in writing of either Party. Unless otherwise decided by the Parties, sessions of the Joint Commission shall be held alternately in the territory of each Party or by any technological means available.

8. All decisions and actions of the Joint Commission and any committees, subcommittees, working groups, or other bodies are continued and incorporated under the relevant body of this Agreement.

Article 27.2: Agreement Coordinators

1. All appointments of Agreement Coordinators made pursuant to Article 16.2(1) (Agreement Coordinators) of the 2017 Agreement are continued under this Agreement. Each Party shall notify to the other Party any changes made to its Agreement Coordinator.

2. The Agreement Coordinators shall jointly:

• (a) monitor the work of all bodies established or continued under this Agreement, referred to in Annex 27-A and any other bodies established under Article 27.1(5), including communications relating to successors to those bodies;
• (b) recommend to the Joint Commission the establishment of bodies that they consider necessary to assist the Joint Commission;
• (c) coordinate preparations for Joint Commission meetings;
• (d) follow up on any decisions taken by the Joint Commission, as appropriate;
• (e) receive notifications and information provided pursuant to this Agreement and, as necessary, facilitate communications between the Parties on any matter covered by this Agreement; and
• (f) consider any other matter that may affect the operation of this Agreement as mandated by the Joint Commission.

3. The Coordinators shall meet as often as required.

4. A Party may request in writing at any time that a special meeting of the Coordinators be held. This meeting shall take place within 30 days of receipt of the request by the other Party.

Annex 27-A: Committees, Subcommittees, and Other Bodies

1. The Committees established under the 2017 Agreement are continued under this Agreement. These committees are the:

• (a) Committee on Trade in Goods and Rules of Origin (Article 2.13);
• (b) Committee on Intellectual Property (Article 12.12); and
• (c) Committee on the Environment (Article 13.25).

2. The Subcommittees established under the 2017 Agreement are continued and incorporated under this Agreement. These Subcommittees are the:

• (a) Subcommittee on Agriculture (Article 2.13(4)); and
• (b) Subcommittee on Origin Procedures (Article 3.31).

3. The other Committees or bodies established under this Agreement are the:

• (a) Labour Council (Article 14.10);
• (b) Financial Services Committee (Article 20.21);
• (c) Committee on Trade and Gender (Article 23.5);
• (d) Committee on SMEs (Article 24.4); and
• (e) Committee on Trade and Indigenous Peoples (Article 25.5).

4. Contact points are established by:

• (a) Chapter 2 (National Treatment and Market Access), Article 3(i) of Annex 2‑B (Tariff Elimination);
• (b) Chapter 6 (Sanitary and Phytosanitary Measures), Article 6.3 (Sanitary and Phytosanitary Contact Points);
• (c) Chapter 7 (Technical Barriers to Trade), Article 7.8 (Contact Points);
• (d) Chapter 12 (Intellectual Property), Article 12.11 (Designation of Contact Points);
• (e) Chapter 13 (Environment), Article 13.25 (Contact Points and the Committee on the Environment);
• (f) Chapter 14 (Labour), Article 14.11 (National Administrative Office);
• (g) Chapter 16 (Trade-Related Cooperation), Article 16.2 (Contact Points);
• (h) Chapter 21 (Temporary Entry for Business Persons), Article 21.6 (Contact Points); and
• (i) Chapter 26 (Good Regulatory Practices), Article 26.14 (Contact Points).