I am writing to give you advance warning of the possibility that the Government will want to override parliamentary scrutiny of an anticipated Commission proposal for a Council Decision establishing the Community position within the WTO General Council of the World Trade Organisation on the accession of Ukraine to the WTO.

  I heard on Friday that on the evening of 16 January, Commissioner Mandelson and Ukrainian Deputy Prime Minister Nemyria reached agreement on the sole outstanding issue of export subsidies, which had been preventing the WTO General Council approving the accession of Ukraine to the WTO. The timings in Geneva are likely to be very tight. We anticipate a final meeting of the Ukraine WTO Accession Working Party to take place on 25 January. This should then enable the European Commission to produce a proposal for a Council Decision establishing the Community position on the accession of Ukraine in the WTO General Council. It is highly likely that Ukraine's WTO accession will be considered at the next General Council meeting on 5 February.

  The UK has been working hard behind the scenes to bring the Commission and Ukraine positions closer together. It would therefore be extremely regrettable for the UK to have to delay the accession process due to parliamentary scrutiny. I shall, of course, submit an Explanatory Memorandum as soon as possible for your Committee's consideration. In the meantime I hope that you will accept my explanation.

21 January 2008