European Commission – External Relations

http://ec.europa.eu/external_relations/ukraine/index_en.htm

LIST of the EU-Ukraine Association Agenda priorities for 2010 Political Dialogue

 

Strengthen the stability, independence and effectiveness of institutions guaranteeing

democracy and the rule of law and in particular:

1. promoting an inclusive constitutional reform process designed to further develop a

constitutional system of effective checks and balances between state institutions, in the light

of the relevant recommendations of the Venice Commission;

2. work closely together in reforming and enhancing the capacity of the public administration

system in Ukraine on the basis of an assessment by SIGMA, including an effective fight

against corruption;

3. ensuring the effectiveness of the electoral framework and environment so as to continue the

conduct of presidential and parliamentary elections in accordance with international

standards for democratic elections and the recommendations made by OSCE/ODIHR.

Ensure the independence of the judiciary and the effectiveness of the courts and of the

prosecution as well as of law enforcement agencies, and in particular:

4. continuing reform of the judiciary and of the court system so as to further strengthen the

independence, impartiality, and professionalism of the judiciary and courts, notably by

enhancing the training of judges, court officials and prosecutors as well as support staff and

law enforcement agencies staff;

5. effective implementation and enforcement of the civil, criminal and administrative codes

and their corresponding procedural codes, based on European standards.

Ensure respect for human rights and fundamental freedoms by comprehensive cooperation

on the protection of human rights and fundamental freedoms, covering both individual cases

and issues concerning international law instruments on human rights. This cooperation

includes, inter alia:

Agreed by the Joint Committee at Senior Official’s Level of EU-Ukraine Association Agenda

on January 26, 2010

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Promoting the implementation of international and regional human rights standards

6. following up on the implementation of the judgments of the European Court of Human

Rights and promoting the evolving jurisprudence of the Court as a major source of

international human rights law, with the support of the EU.

Ensuring respect for the rights of persons belonging to minorities

7. exchanging best practices on measures to protect minorities from discrimination and

exclusion in accordance with European and international standards, with the objective of

developing a modern legal framework. Developing close cooperation between the

authorities and representatives of minority groups;

Combating torture and inhuman and degrading treatment

8. further strengthening of efforts to improve the legal basis and practice in the area of

detention, in particular as regards pre-trial and administrative detention in order to address

effectively the issue of arbitrary detention;

9. improve the conditions of detention for all prisoners whether in pre-trial detention or after

conviction with the aim of eliminating ill-treatment and implement the recommendations of

the UN Committee against Torture and the European Committee for the Prevention of

Torture;

10. consider the establishing of an independent police complaints mechanism.

Combating Corruption

11. implementation of the National Anti-Corruption Action Plan, in cooperation with relevant

EU bodies.

Foreign and Security Policy

Further strengthen convergence on regional and international issues, conflict prevention and

crisis management; work jointly to make multilateral institutions and conventions more

effective, so as to reinforce global governance, strengthen coordination in combating

security threats and address development related issues

12. continue the practice of jointly identifying opportunities for Ukraine to participate in future

ESDP operations, building on the good experience of Ukraine’s participation in EU

operations in the Balkans, as well as the current discussions relating to Ukraine’s possible

participation in EU naval operation Atalanta;

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13. further implement “Seville” Arrangements for Consultation and Co-operation between the

EU and Ukraine in EU-led crisis management operations, including continued participation

of Ukraine in relevant crisis management exercises and ESDP-related training activities.

Further develop co-operation in addressing common security threats, including combating

terrorism, non-proliferation of weapons of mass destruction and illegal arms exports

14. cooperate in the enhancement of bio-security and bio-safety standards in the laboratories,

other facilities and during the transport of dangerous bio-agents, in particular in light of the

ongoing dialogue on possible cooperation on bio-safety and bio-security in the Ukrainian

Anti-plague station (AR Crimea, Simferopol).

Co-operation on Justice, Freedom and Security issues

In the context of the commitments contained in the 2007 EU-UA revised JLS Action Plan,

cooperation in this area shall focus on the following priorities:

15. support in developing a Ukrainian system of Protection of Personal Data upon ratification

of the Council of Europe 1981 Convention on Protection of Personal Data and the

Additional Protocol thereto1 and its implementation. This should serve as one of the

prerequisites for concluding agreements with Europol and Eurojust, including exchange of

operational information;

16. development of an appropriate legislative and institutional framework related to migration

management with the aim of fighting illegal migration, smuggling and trafficking in human

beings, with the support of the EU;

17. practical implementation of the 1951 UN Convention relating to the status of refugees and

i.a. its 1967 Protocol including the right to seek asylum and respect for the principle of “nonrefoulement”

and the 2000 UN Convention against Trans-national Organised Crime with the

aim of combating and preventing criminal activities, organised or otherwise;

18. actively pursue the visa dialogue, developing the relevant conditions, with the long-term

perspective of establishing a visa-free regime between the EU and Ukraine, as agreed at the

EU-Ukraine Paris Summit of September 2008 with special attention to issues such as

document security, illegal migration including readmission, public order and security, and

external relations;

1 Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data,

Strasbourg, 28/01/1981 and Additional Protocol to the Convention for the Protection of Individuals with

regard to Automatic Processing of Personal Data, regarding supervisory authorities and transborder data

flows, Strasbourg, 08/11/2001.

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19. ensure the full implementation of both the visa facilitation and readmission agreements

between Ukraine and the EU;

20. develop, implement and upgrade the strategy, legal basis and procedures of integrated

border management, including with the comprehensive support of the EU, to be jointly

defined;

21. with the technical support of the EU, continue the process of demarcation of Ukraine’s

borders in accordance with international standards in cooperation with the authorities of the

respective neighbouring countries as appropriate;

22. to minimize security and safety risks at EURO 2012, existing law enforcement and judicial

cooperation will be reinforced with a view to exchanging relevant expertise and data on

violent fans, based on existing mechanisms of information exchange. The EU network of

National Football Information Points will be closely associated in the undertaken initiatives.

Trade and trade related matters

Technical regulations on industrial products, standards and conformity assessment

procedures

23. development of the Ukrainian legislation on technical regulation, standardisation,

conformity assessment, market surveillance, metrology and accreditation concerning the

provisions, regulating circulation of industrial products in line with the EU acquis2 in order

to eliminate trade barriers between the Parties;

24. take actions in line with the benchmarks agreed between the Parties for the EU budgetary

support projects in standardisation in 2010-2012.

Sanitary and phytosanitary measures

In view of ensuring a gradual approximation of the Ukrainian SPS food and feed, animal

health and welfare legislation and practice to that of the European Union, the EC will

support Ukraine inter alia through available instruments, to:

25. develop a comprehensive strategy for reform of the SPS, food and feed, animal health and

welfare policy of Ukraine. The strategy will include a time table involving intermediate

stages and financing plan for its implementation and set clear priorities for areas in which

rapid progress can be made. It will address, inter alia, legislative approximation, capacity

2 EU to make reference as in FTA

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building and implementation, among others in the area of food and feed safety, animal

health and welfare, traceability, and audits exercised by the controlling bodies.

Public procurement

The Parties shall pay particular attention to cooperation in taking the following measures:

26. work towards the establishment of an independent review body in line with Directive 89/665

as amended by Directive 2007/66 and ensure that it has sufficient administrative capacity to

provide effective remedies;

27. work towards further harmonisation of the Ukrainian public procurement legislation with the

EU acquis as set out in Directives 2004/17 and 2004/18.

Intellectual property

Strengthen cooperation on the protection of the IPR by exchange of experience and

organisation of joint actions on the IPR issues as well as continue a dialogue on IPR issues

in order to:

28. take effective measures against counterfeiting and piracy and ensure effective

implementation of the enforcement legislation and of sanctions for infringements of

intellectual property rights;

29. strengthen coherent and comprehensive enforcement capacity at public authorities level

(administrative, judicial and operational authorities), in particular strengthen the number of

State Inspectors at SDIP and increase the enforcement resources regarding internet piracy

within the Ministry of Interior.

Trade facilitation and customs

The Parties shall pay particular attention to cooperation in taking the following measures:

30. elaborate and implement a comprehensive strategic plan with EU support upon Ukraine’s

request for the Customs Service, including structures, procedures, resources, IT support and

implementation plan. The EU Modernized Customs Blueprints may be used as a benchmark;

31. assess the feasibility of the establishment of mechanisms for exchange of data, inter alia on

goods and vehicles, in line with relevant data protection standards and regulations;

Energy co-operation including nuclear issues

Integration of energy markets:

32. work towards rapid accession of Ukraine to the Energy Community Treaty;

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33. strengthening of the capacity and independence of the National Electricity Regulatory

Commission (NERC), including setting up the legislative framework necessary for this

purpose;

34. continue reform of electricity tariff and gas pricing and measures to ensure full payments for

providing electricity and gas;

35. take all necessary steps for the entry into force of the law of Ukraine on the Principles of the

Functioning of the Market in Natural Gas which should be in line with the relevant EC

norms (Directive 2003/55/EC, Regulation EC 1775/2005);

36. fully implement the Joint Declaration of the investment conference on the rehabilitation and

modernisation of the Ukrainian gas transit network of 23 March 2009;

37. accelerate work towards integration of the united power system of Ukraine into the central

European electricity network, in accordance with the requirements of UCTE (Union for the

Coordination of the Transmission of Electricity).

Energy security:

38. Continue developing and implementing strategic oil stocks.

Energy efficiency, renewable energy and environmental aspects:

39. exchange of expertise and best practices in order to prepare, adopt and implement

sub-sectoral energy policy documents on energy efficiency and renewable energy;

40. take all necessary steps to enable Ukraine’s participation in the Intelligent Energy-Europe

programme;

41. advance in assessing the technical and financial feasibility of implementing methane capture

and clean coal technologies and their promotion.

Nuclear safety:

42. continue cooperation on the EC-IAEA-Ukraine Joint Project on nuclear safety evaluation of

Ukrainian nuclear power plants.

Other co-operation issues

Public internal control and external audit and control

The Parties shall cooperate with the aim to ensure the development of public internal control

and external audit by:

43. ensuring further improvement of the internal control system in state authorities by means of

harmonization with generally accepted international standards and methodologies and EU

best practice.

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Taxation

44. elaborating and implementing a comprehensive strategic plan for the State Tax

Administration, including structures, procedures, resources and IT support;

Statistics

45. develop and implement the Action Plan on cooperation with Customs to improve trade

statistics through discussion with Commission experts;

46. make the SMIS+ fully operational for Ukraine with deadlines for providing information in a

regular cycle. EU to provide hands-on training on SMIS+ to Ukraine and ensure analysis of

the pilot results by ESTAT.

Transport

The Parties cooperate to support Ukraine in, and to prepare for implementation of EC acquis

mentioned in relevant annexes of the Association Agreement:

47. final review of the newly developed comprehensive national transport strategy of Ukraine

with a view to start implementation from the beginning of 2010;

48. implement relevant international IMO (International Maritime Organisation) Conventions,

with particular attention to stepped up efforts in the areas of Port State Control, Flag State

Implementation and safety of oil tankers;

49. infrastructure development, in particular through identification of priority projects of

transnational interest and feasibility studies and the preparation of a 5-year rolling work plan

for the development of the network;

50. finalize a comprehensive Common Aviation Area Agreement;

51. develop and implement the new Air Code of Ukraine.

Environment

The Parties cooperate to support Ukraine in, and to prepare for implementation of EC acquis

mentioned in relevant annexes of the Association Agreement:

52. development, adoption and implementation by Ukraine of the National Environment

Strategy for the period till 2020 and the National Environment Action Plan for 2009-2012 in

order to be able to take measures to implement budgetary support;

53. further development and implementation of Ukrainian environmental legislation, strategies

and plans, in particular on environmental impact assessment, strategic environmental

assessment, access to environmental information, and public participation;

54. development of national implementation instruments in line with multilateral environment

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agreements signed and ratified by Ukraine and the European Community, as enlisted in the

Annex;

55. promoting the implementation of the Bucharest Convention and its Protocols and working

together with the Parties of this Convention to promote the accession of the European

Community to the Convention;

56. exploring the participation of Ukraine in selected European Environment Agency activities

on information collection and dissemination;

57. establishing the REC-Ukraine, inter alia to raise environmental awareness and promote the

role of the civil society on environmental matters.

Company law, corporate governance, accounting and auditing

58. improve functioning of company law through constant review, modernisation of relevant

legislation and its application, including in particular the Joint Stock Company Law;

59. simplify rules and procedures on registration of legal persons, including companies, and

natural persons, including entrepreneurs, to set up and liquidate business;

60. develop further corporate governance policy and promote compliance with the code on

corporate governance in line with international standards as well as gradual approximation

with the EC rules and recommendations in this area;

61. introduce relevant international auditing standards at national level;

62. promote the application of international accounting standards by all listed companies at

national level, notably by introducing a mechanism to this end.

Financial services

63. cooperate to ensure the effective implementation of a prudential regulatory frame-work for

financial markets and supervision equivalent to that existing in the EU;

64. cooperate to improve the administrative capacity of supervisory authorities in accordance

with internationally recognised standards;

65. develop national legislation on prevention and counteraction against money-laundering and

financing terrorism, in particular by implementing the 40 Recommendations plus 9 Special

Recommendations of the Financial Action Tasks Force (FATF) as well as the relevant EU

anti-money laundering and combating the financing of terrorism legislation (inter alia the

provisions of Directive 2005/60/EC on prevention of the use of the financial system for the

purpose of money laundering and terrorist financing; Directive 2006/70/EC; EC Regulation

1781/2006; EC Regulation 1889/2005);

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66. enhance cooperation with FATF, the Council of Europe, MONEYVAL, as well as relevant

authorities in EU member states and sign Memoranda of understanding between financial

intelligence authorities of Ukraine and EU member states.

Information society

The Parties cooperate to support Ukraine in, and to prepare for implementation of EC acquis

mentioned in relevant annexes of the Association Agreement, in particular by:

67. an assessment on the conformity of the new draft law on electronic communications

submitted to Parliament in December 2008 with the EC acquis in this area, throughout the

legislative process.

Agriculture and rural development

The Parties cooperate to support Ukraine in, and to prepare for implementation of EC acquis

mentioned in relevant annexes of the Association Agreement, in particular through enhanced

activities of the established agricultural dialogue, in particular by:

68. improving the competitiveness of agricultural production, including by cooperation on the

implementation of quality schemes.

Science and technology

69. renew and activate the EC-Ukraine S&T cooperation agreement, in order to enhance the

participation of Ukrainian research entities in FP7 projects.

Social co-operation

The Parties cooperate in order to:

develop a strategic approach to employment in order to ensure:

70. better matching skills and jobs on the Ukrainian labour market and its efficiency;

71. strengthening capacity of administration in charge of employment policy;

72. promoting decent work and the transformation of the informal sector into formal work and

implementing the decent work country programmes between the ILO and Ukraine;

73. promoting anti-discrimination and ensuring equal opportunities, in particular for people with

disabilities, notably in the context of employment.

74. promote the conclusion of agreements between Ukraine and EU Member States on the

coordination of social security for workers of Ukrainian nationality legally employed in EU

Member States.

Public Health

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The Parties will cooperate in:

75. preventing and controlling of communicable diseases in particular HIV/AIDS, tuberculosis,

sexually transmitted infections, and hepatitis C and B;

76. participating in the EU public health related networks and working parties such as the

annual network meeting on health information and the HIV/AIDS Think Tank.

Cross-border and regional cooperation

77. implementation of the Memorandum of Understanding for the Establishment of a Dialogue

on Regional Policy and Development of Regional Cooperation;

Participation in Community Programs and Agencies

78. The Parties will conclude a framework agreement which enables Ukraine’s participation in

European Community programmes and cooperate closely to implement it through specific

working arrangements.

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