Association Agreement between Ukraine and the EU

During the 15th Ukraine-EU Summit (Kyiv, December 19, 2011), the leaders of Ukraine and the EU officially announced the conclusion of negotiations on the Association Agreement. The heads of the negotiating delegations initialed the Agreement in Brussels on 30 March 2012.

The signing of the Association Agreement between Ukraine and the EU took place in two stages.

On March 21, 2014, during the extraordinary Ukraine-EU summit, the political part of the Agreement and the Final Act of the summit were signed. In particular, the preamble, Article 1, Sections I "General Principles", II "Political Dialogue and Reforms, Political Association, Cooperation and Convergence in Foreign and Security Policy" and VII "Institutional, General and Final Provisions" of the Agreement were signed. The summit also stated that Ukraine's obligations under Article 8 of the Association Agreement to ratify the Rome Statute of the International Criminal Court in 1998 would be fulfilled after the relevant amendments to the Constitution of Ukraine.

On June 27, 2014, during the meeting of the EU Council, the President of Ukraine Petro Poroshenko and the leadership of the European Union and the Heads of State and Government of the 28 EU Member States signed the economic part of the Agreement - Sections III "Justice, Freedom and Security", IV Trade and Trade-Related Issues ", V" Economic and Sectoral Cooperation "and VI" Financial Cooperation and Anti-Fraud Provisions ".

On September 16, 2014, the Verkhovna Rada of Ukraine and the European Parliament simultaneously ratified the Association Agreement between Ukraine and the EU.

The Ukrainian side handed over the instruments of ratification to the depositary and thus completed all domestic procedures.

The full Association Agreement between Ukraine and the EU will enter into force upon ratification by all parties, ie on the first day of the second month following the date of deposit of the last instrument of ratification or last instrument of approval with the General Secretariat of the Council of the European Union. 

The ratification process of the Association Agreement by the EU member states is currently underway.

Information on the implementation of the Association Agreement can be found on the website of the Government Office for Euro-Atlantic Integration. The Government Office is the main body responsible for the implementation of tasks in the field of European and Euro-Atlantic integration and the implementation of the Association Agreement in accordance with the Resolution of the Cabinet of Ministers of 13 August 2014 №346.

For reference: The Association Agreement is more than a thousand pages long and consists of a preamble, seven parts, 43 annexes and 3 protocols.

The Preamble, General Objectives and Principles section outlines the basis for the conclusion of the EU-Ukraine Association Agreement today, in particular the EU's recognition of Ukraine's European choice and European aspirations as a European country that shares a common history with the EU. and common values, as well as the objectives of the Agreement, including the establishment of an association, gradual rapprochement between Ukraine and the EU based on common values, deepening economic and trade relations, in particular through the FTA, strengthening cooperation in justice, freedom and security. The basic principles that will underlie the association are established, first of all, the provision of human rights and fundamental freedoms, respect for the rule of law, observance of the principles of sovereignty and territorial integrity, inviolability of borders and independence. It is emphasized that further relations between Ukraine and the EU will also be based on the principles of a free market economy, the rule of law, good governance, etc.

The section "Political dialogue and reforms, political association, cooperation and convergence in the field of foreign affairs and security policy" contains provisions, the implementation of which should contribute to the development and strengthening of political dialogue in various fields, including gradual convergence of Ukraine's positions with the EU in the field of foreign and security policy.

The section identifies the objectives of the political dialogue, the key of which is the introduction of a political association between Ukraine and the EU. Other goals include promoting international stability and security, strengthening respect for democratic principles, the rule of law and good governance, human rights and fundamental freedoms, promoting independence, sovereignty, territorial integrity and inviolability of borders, and security and defense cooperation. 

This section identifies the levels and formats of political dialogue, including summits, ministerial and other meetings.

Among the key areas of interaction:

• cooperation to spread regional stability;
• strengthening peace and international justice, in particular through the implementation of the Rome Statute of the International Criminal Court;
• Ensuring gradual convergence in foreign and security policy, including the Common Security and Defense Policy, conflict prevention, non-proliferation, disarmament and arms control, counter-terrorism, etc.

The part of the Agreement "Justice, Freedom and Security" defines the areas of cooperation in the relevant areas. An important goal of cooperation is to strengthen the rule of law and strengthen relevant institutions, in particular in the field of law enforcement and the administration of justice, primarily to strengthen the judiciary, improve its efficiency, guarantee its independence and impartiality.

One of the elements of cooperation is to ensure the appropriate level of personal data protection in accordance with the best European and international standards.

In order to manage migration flows, the Agreement provides for the establishment of a comprehensive dialogue on key issues in the field of migration, including illegal migration, combating trafficking in human beings, etc.

Separate articles are devoted to creating appropriate conditions for workers who work legally abroad.

Important attention is paid to ensuring the mobility of citizens and deepening the visa dialogue, in particular through the introduction of a visa-free regime after meeting the relevant criteria set out in the Action Plan on EU visa liberalization for Ukraine.

The provisions of the section provide for the deepening of cooperation in the fight against money laundering and terrorist financing, drug trafficking, organized crime, terrorism, as well as the development of cooperation in the field of legal assistance in civil and criminal matters. 

The EU-Ukraine Deep and Comprehensive Free Trade Area (FTA) is an integral part of the Association Agreement and provides for the liberalization of trade in both goods and services, the liberalization of capital movements and, to some extent, labor movements. A distinctive feature of the FTA Ukraine - EU is a comprehensive program of adaptation of regulatory norms in areas related to trade to the relevant EU standards. This will significantly eliminate non-tariff (technical) barriers to trade between Ukraine and the EU and provide expanded access to the EU internal market for Ukrainian exporters and, conversely, European exporters to the Ukrainian market. Thus, an in-depth and comprehensive FTA should ensure the gradual integration of Ukraine's economy into the EU internal market.

The part of the Agreement concerning the establishment of the FTA covers the following main areas:

• trade in goods, including technical barriers to trade;
• trade defense tools;
• sanitary and phytosanitary measures;
• trade facilitation and customs cooperation;
• administrative cooperation in the customs sphere;
• rules of origin of goods;
• trade relations in the energy sector;
• services, start-ups and investments;
• recognition of qualifications;
• movement of capital and payments;
• competition policy (antitrust and state aid);
• intellectual property rights, including geographical indications;
• public procurement;
• trade and sustainable development;
• transparency;
• Dispute Resolution.

Part of the Economic and Sectoral Cooperation Agreement contains provisions on conditions, modalities and timeframes for harmonization of Ukrainian and EU legislation, Ukraine's commitment to reform the institutional capacity of relevant institutions and the principles of cooperation between Ukraine, the EU and its Member States in a number of sectors of the economy of Ukraine and areas of implementation of state sectoral policy. The 28 chapters of this section of the Agreement provide for appropriate measures in such sectors as energy, including nuclear, transport, environmental protection, industrial policy and entrepreneurship, agriculture, taxation, statistics, financial services, tourism, audiovisual policy, space research, health, scientific and technical cooperation, culture, education, etc.

The implementation of this section of the Agreement will allow, firstly, to ensure deeper implementation of the provisions of the Free Trade Agreement, as it will contribute to the approximation of legislation and regulatory environment of Ukraine and the EU, and thus eliminate non-tariff trade barriers, and secondly, will promote Ukraine's integration into the EU internal market and the single regulatory space in the vast majority of sectors of the economy and public life of Ukraine.

The section "Financial Cooperation" outlines the mechanism and ways of receiving financial assistance from Ukraine by the EU, including in order to facilitate the implementation of the Association Agreement, the priority areas for its provision, the procedure for monitoring and evaluating the effectiveness of its use. In addition, the provisions of this part provide for deepening cooperation between Ukraine and the EU in order to prevent and combat fraud, corruption and illegal activities, in particular by gradually harmonizing Ukrainian legislation in this area with EU law, exchange of relevant information, etc.

In accordance with the "Institutional, General and Final Provisions", new formats and levels of cooperation between Ukraine and the EU are envisaged after the entry into force of the Association Agreement, including the establishment of the Association Council and Committee, the Parliamentary Association Committee. A Civil Society Platform will be established to engage in the implementation of the Civil Society Agreement.

In the context of ensuring the proper implementation of the Agreement, an appropriate mechanism will be put in place to monitor and resolve disputes that may arise during the implementation of the Agreement.

Due to the unlimited term of the Agreement, it was possible to carry out a comprehensive revision, including as regards its objectives within five years of its entry into force, and at any time by mutual agreement of the Parties.

Ukraine-EU Free Trade Area

An important element of the Association Agreement between Ukraine and the EU is the provision on the establishment of a Deep and Comprehensive Free Trade Area (FTA). They provide for significant liberalization of trade (elimination of tariffs or quotas) between the parties, harmonization of legislation and regulatory framework.

Work on the FTA, among other things, will include:

• abolition of import duties by Ukraine and the EU on most goods imported into each other's markets;
• introduction of rules for determining the origin of goods, which are one of the elements of the application of trade preferences;
• bringing Ukraine's technical regulations, procedures, sanitary and phytosanitary measures and food safety measures in line with European ones, so that Ukrainian industrial goods, agricultural and food products will not require additional certification in the EU;
• establishing the most favorable conditions for the parties to access their services markets;
• Ukraine's introduction of EU rules in the field of public procurement, which will gradually open the EU public procurement market for Ukraine;
• simplification of customs procedures and prevention of fraud, smuggling and other offenses in the field of cross-border movement of goods;
• Strengthening Ukraine's protection of intellectual property rights.

The establishment of the FTA between Ukraine and the EU will take place gradually, over 10 years. The implementation of the FTA between Ukraine and the EU will result in close economic integration, the creation of virtually the same conditions for trade between Ukraine and the EU in intra-Union trade, an improved investment climate and transparent rules for doing business in Ukraine, increased choice, security and quality. goods, lower prices for Ukrainian consumers, the possibility of access of Ukrainian enterprises, except for the EU market, to third country markets in connection with the transition to worldwide standards.

Even before the entry into force of the Association Agreement, the European Union introduced a regime of autonomous trade preferences for Ukraine - unilateral (by the EU) abolition of import duties, which affects 94.7% of total industrial goods and 83.4% of agricultural and food products. products imported by the European Union from our country (valid until January 1, 2016).

EU-Ukraine Association Agenda

The Association Agenda is a common practical tool for preparing and facilitating the full implementation of the EU-Ukraine Association Agreement.

This document is the main mechanism for monitoring and evaluating Ukraine's progress in implementing the Association Agreement, as well as monitoring and evaluating the achievements of all goals of political association and economic integration.

The Parties shall set priorities for the Association Agenda, which shall complement the obligations of the Parties under the Association Agreement for the full implementation of the Agreement.

In particular, ten short-term priorities have been identified in the area of ​​reforming the Constitution of Ukraine, the judiciary, election legislation, anti-corruption, public administration, energy, deregulation, public procurement, taxation and external audit, which are top priorities for Ukraine. 

It is envisaged that the EU will support Ukraine in meeting the goals and priorities of the Association Agenda through the use of all available EU assistance resources, as well as the exchange of experience, dissemination of best practices and know-how.

The Association Committee (or other relevant bodies) will annually assess progress in the implementation of the Association Agenda and, if necessary, amend it, in particular adjust priorities. The agenda of the association was approved by the EU-Ukraine Cooperation Council in 2009.

On December 15, 2014, at a meeting of the EU-Ukraine Association Council, the parties agreed to update the EU-Ukraine Association Agenda.

On March 16, 2015, the agenda of the association was approved by the Council of the Association, by an exchange of letters.

Ukraine Support Group

The European Commission's (EC) Support Group for Ukraine was established by a decision of the President of the European Commission on 10 April 2014, which aims to support Ukraine in implementing the Association Agreement with the EU (including the Deep and Comprehensive free trade area).

The group coordinates the support received from the EU, promotes the implementation of key tasks on the agenda of Ukraine-EU relations. A significant contribution of the group is also the provision of consulting and expert assistance, identification of promising areas of cooperation in the implementation of the Association Agreement between Ukraine and the EU.

In addition, she is one of the coordinators of the efforts of the international donor community and financial institutions towards Ukraine.

In April 2020, Acting Katarina Maternova, who is also the Deputy Director General of the EC Directorate General for Neighborhood and Enlargement Negotiations, has been appointed Head of the Group. The Head of the Group reports to the EU Commissioner for Neighborhood and Enlargement Negotiations and is accountable to the President of the EC and the EU High Representative for Foreign Affairs and Security Policy.

The group consists of a number of thematic groups corresponding to the main reform priorities set out in the Association Agreement and covering areas such as governance and the rule of law, justice and home affairs, economic governance, agriculture, energy, infrastructure, health. me, education and communication.

The group works closely with the EEAS, the EU Delegation to Ukraine and the EU Civil Security Sector Reform Advisory Mission.

STRUCTURE

The support group consists of seven sectors, namely:

• Agriculture and sanitary / phytosanitary issues
  Team leader: Marcus KLINGLER
• Economic and fiscal reforms
  Leader: Julda Kielte
• Financial Cooperation
  Leader: Pierre Luca LEPRI
• Energy and Environment
  Leader: Marcus LIPPOLD
• Justice and home affairs, including the fight against corruption
  Leader: Frank Paul
• Policy Coordination
  Leader: Maria MASOVSKA-HERNANDEZ
• Science, education and social issues
  Team leader: Kirsey LINDROOS