Truck fees and care for children whose parents have been detained

At the meeting on July 15, the Committee on Ukraine's Integration into the EU considered draft laws which propose to establish requirements for transparent accounting of mining companies, introduce fees for the use of public roads, and provide care for children whose parents are detained.

The following drafts were recognized as consistent with the EU law:

-    Draft Law No. 3790 on ensuring transparency in extractive industries. The document proposes to set requirements for the transparency of accounting of enterprises operating in the extractive industries. This document, according to the Committee, is in line with the EU law.
-    Draft Law No. 3603 on Amendments to the Criminal Procedure Code of Ukraine on Protection of the Rights and Interests of a Child in Case of Detention of Parents. Proposes to supplement the Criminal Code with the provision that if a detainee has a child who is left without care, the investigator or prosecutor must apply to the authority to arrange care for the child. The draft, according to the Committee, does not contradict Ukraine’s international obligations in the area of European integration.
-    Draft Law No. 3544 on Amendments to Certain Legislative Acts of Ukraine Concerning the Introduction of Fees for the Use of Public Roads. Proposes to introduce a fee from vehicles with a maximum permissible gross weight of 12 tons. As the transitional provisions of the draft law contain a rule to charge fee only to the vehicles of foreign carriers, this, according to experts of the Committee, does not fully take into account the provisions of Directives 2006/38/EC and 2011/76/EU. These Directives prohibit discrimination against transport market operators on any grounds. The Committee concluded that the document was partially in line with the EU law, but needed to be revised to eliminate discriminatory provisions.

The Committee considered draft law No. 3739 on Amendments to the Law of Ukraine “On Public Procurement” to be inconsistent with Ukraine's international obligations in the field of European integration. The document proposes to change the public procurement procedure for certain groups of engineering products. In particular, establish mandatory requirements for the localization of their production. The Committee considers that the provisions on the localization of production contradict Ukraine’s international obligations in the area of European integration.

The Committee decided to apply to the Antimonopoly Committee to obtain a conclusion on the impact of the Draft Laws No. 3502 and alternative No. 3502-1 „On Amendments to the Tax Code of Ukraine and Certain Other Legislative Acts of Ukraine on Harmonization of Taxation in Ukraine with the EU Countries to Improve Investment and Fair Competition”.

Draft law No. 3502, in particular, proposes to introduce an excise tax rate for tobacco waste in the process of tobacco production at the level of 5 hryvnias per kilo, as well as to abolish the minimum retail prices for tobacco products. The Committee is to adopt its opinion on the compliance of the mentioned draft laws with the EU law after receiving the conclusion of the Antimonopoly Committee.

The Committee also decided to recommend to the Verkhovna Rada of Ukraine to adopt as a basis and as a whole the Draft Law No. 0051 on the ratification of the Guarantee Agreement between Ukraine and the European Investment Bank. This document opens the possibility for Ukraine to obtain a loan from the EIB in the amount of 136 million euros. The funds will be directed to the Substations Reliability Enhancement Programme, which aims to replace old high-voltage substation equipment with the modern one to meet European standards.