Ukraine-EU relations

In order to maintain stable relations with the European Communities, Ukraine will sign the Partnership and Cooperation Agreement, the implementation of which will be the first stage of progress towards the associate, and later - to its full membership in this organization.

Relations between Ukraine and the European Union were launched in December 1991, when the Dutch Foreign Minister, as the EU presidency, officially recognized Ukraine's independence in a letter on behalf of the European Union.

Subsequently, Ukraine's strategic course towards European integration was confirmed and developed in the Strategy of Ukraine's Integration into the EU, approved by the Decree of the President of Ukraine of June 11, 1998, and the Program of Ukraine's Integration into the EU In particular, the Strategy for Full EU Membership proclaims Ukraine's long-term strategic goal of European integration.

Ukraine's policy on building relations with the European Union is implemented on the basis of the Law of Ukraine of July 1, 2010; On the principles of domestic and foreign policy; (as amended on July 8, 2018). According to Article 11 of the Law, one of the fundamental principles of Ukraine's foreign policy is ensuring Ukraine's integration into the European political, economic, legal space with the aim of gaining EU membership.

Legal framework of Ukraine-EU cooperation

The first legal basis for relations between Ukraine and the EU, which launched cooperation on a wide range of political, trade, economic and humanitarian issues, was the Partnership and Cooperation Agreement (PCA) of 14 June 1994 (entered into force on 1 March 1998). The conclusion of the PCA allowed to establish a regular bilateral dialogue between Ukraine and the EU at the political and sectoral levels, to introduce an orderly trade regime between the two parties based on GATT / WTO principles, to determine priorities for adapting Ukrainian legislation to European Community standards and norms. economy.

The PCA identified 7 priorities for cooperation between Ukraine and the EU:

• energy,
• trade and investment,
• Justice and Home Affairs,
• approximation of Ukrainian legislation to EU legislation,
• environmental protection,
• transport sphere,
• cross-border cooperation,
• cooperation in science,
• technology and space.

In order to give new impetus to bilateral relations and to take into account new conditions of cooperation, in particular in the context of EU enlargement in 2004, the parties developed and on February 21, 2005 during a meeting of the Cooperation Council approved Action Plan Ukraine and EU; a bilateral political document, which made it possible to significantly expand Ukraine's bilateral cooperation with the EU without making changes to the current legal framework.

In its content, the Action Plan contained a list of specific commitments of Ukraine in the field of strengthening democratic institutions, fighting corruption, structural economic reforms and measures to develop cooperation with the EU in sectoral areas. Among the key achievements in the development of relations during the Action Plan: granting Ukraine the status of a market economy under EU anti-dumping legislation, granting Ukraine the right to accede to EU foreign policy statements and positions, concluding the Visa Facilitation Agreement and the Readmission Agreement, extending to Ukraine financing of the European Investment Bank (Framework Agreement between Ukraine and the European Investment Bank), deepening sectoral cooperation, starting negotiations on a new basic agreement to replace the PCA.

Given the completion of the 10-year PCA in March 2008, on March 5, 2007, Ukraine and the EU began negotiations on a new agreement between Ukraine and the EU. For the period before the conclusion of the new agreement, the validity of the PCA is automatically renewed annually by mutual agreement of the parties.

Following Ukraine's accession to the World Trade Organization on 18 February 2008, negotiations were launched on the establishment of a deep and comprehensive free trade area between Ukraine and the EU, paving the way for the liberalization of goods, capital and services and the broad harmonization of non-tariff economic regulation instruments. . On September 9, 2008, at the Paris Summit, Ukraine and the EU reached a political agreement on concluding a future agreement in the format of an Association Agreement based on the principles of political association and economic integration.

In accordance with the agreements reached during the Paris EU-Ukraine Summit, in 2009 the parties developed and approved the Association Agenda (ASA), which replaced the Ukraine Action Plan; The EU has set itself the goal of serving as a guide for reforms in Ukraine in the process of preparing for the implementation of the future Association Agreement. The implementation of the Association Agenda made it possible to start implementing the already agreed provisions of the Association Agreement between Ukraine and the EU even before its conclusion.

During the 15th Summit Ukraine & ndash; EU in Kyiv On December 19, 2011 the parties announced the completion of negotiations on the future Association Agreement, and on March 30, 2012 the text of the future Agreement was initialed by the heads of the negotiating teams of Ukraine and the EU.

The political part of the Association Agreement was signed on March 21, 2014, the economic part; June 27, 2014. On September 16, 2014, the Verkhovna Rada of Ukraine and the European Parliament simultaneously ratified the Association Agreement between Ukraine and the EU.

Pursuant to Article 486 of the Agreement, it shall be applied provisionally from 1 November 2014. The Association Agreement between Ukraine and the EU shall enter into force in full upon ratification by all Member States on the first day of the second month following the date of deposit of the last instrument of ratification or approval by the General Secretariat of the Council of the European Union.

The Association Agreement between Ukraine and the EU is an international legal document that enshrines at the legal level the transition of relations between Ukraine and the EU from partnership and cooperation to political association and economic integration.

Legal basis of cooperation Ukraine; The EU also draws up framework and sectoral agreements.

EU-Ukraine Cooperation Coordination System

The main document, which currently defines the form, content, as well as the procedure and mechanisms for coordinating cooperation between Ukraine and the EU, is the Association Agreement Ukraine and EU.

According to Art. 460-470 Chapter 1; Institutional Structure Chapter VII Institutional, general and final provisions; The Association Agreements are the main coordinating bodies:

• Ukraine-EU Summits , which are the highest political level of dialogue between the Parties, in particular on the implementation of the Agreement (held once a year). The summits are intended to provide general oversight of the implementation of the Agreement, as well as to discuss bilateral or international issues of common interest;
• The Association Council monitors and monitors the application and implementation of the Association Agreement and periodically reviews the functioning of this Agreement in the light of its objectives. Meetings of the Association Council are held regularly at least once a year (at the ministerial level) and when circumstances require. By mutual consent, the meetings of the Association Council are held in any necessary composition. The inaugural meeting of the EU-Ukraine Association Council took place in December 2014 in Brussels.

  In addition to monitoring and monitoring the application and implementation of the Association Agreement, the Association Council shall examine any major issues arising under the Agreement and any other bilateral or international issues of mutual interest.

  The Association Council consists of members of the Government of Ukraine, on the one hand, and members of the Council of the European Union and members of the European Commission, on the other. The chairmanship of the Association Council is carried out alternately by a representative of Ukraine and a representative of the Union. If necessary and by mutual consent, other bodies shall participate in the work of the Association Council as observers.

  The Association Council has the power to take decisions within the scope of the Association Agreement in the cases provided for by it. Such decisions shall be binding on the Parties.

  The Association Council may also make recommendations

  In line with the aim of gradually approximating Ukrainian legislation to Union law, the Association Council also acts as a forum for exchanging information on legislative acts of Ukraine and the European Union, both current and pending, as well as on measures to implement them. , implementation and compliance. To this end, the Association Council may update or amend the Annexes to the Association Agreement, taking into account developments in EU law and applicable standards set out in international instruments;

• Association Committee , which is called upon to assist the Association Council in the performance of its duties and consists of representatives of the Parties, mainly at the level of senior officials. The chairmanship of the Association Committee is held alternately by a representative of Ukraine and a representative of the Union.

  Meetings of the Association Committee are held at least once a year. The first meeting of the Association Committee took place in July 2015 in Brussels.

  The Association Council may delegate to the Association Committee any of its powers, including the power to take binding decisions.

  The Association Committee shall be assisted by subcommittees established under this Agreement.

  By the decision of the Association Council of December 15, 2014, two subcommittees of the EU-Ukraine Association Committee were established: the Subcommittee on Freedom, Security and Justice and the Subcommittee on Economic and Other Sectoral Cooperation.

  Pursuant to Article 465 (4) of the Association Agreement, an Association Committee is set up in a special composition to consider at least once a year the issues covered by the provisions of Section IV "Trade and Trade-Related Matters" of the Agreement (Articles 25-336). .

  Committee associations in trade are accountable subcommittees established under Section IV of the Agreement:

  1. Subcommittee on Sanitary and Phytosanitary Management;
  2. Subcommittee on Customs Cooperation;
  3. Subcommittee on Geographical Indications;
  4. Trade and Sustainable Development Subcommittee.

  In addition, the Association Council may establish special committees or bodies on specific topical issues of the implementation of the Agreement, determine their composition, functions and responsibilities.

  The Association Committee may also establish subcommittees to summarize the activities of the Parties in the areas of cooperation determined in accordance with Section V of the Agreement.

  The functions of the secretariats of the Council and the EU-Ukraine Association Committee on the Ukrainian side are entrusted to the Government Office for European Integration within the Secretariat of the Cabinet of Ministers of Ukraine.

  Parliamentary Committee of the Association, which is a forum for meetings and exchange of views between Ukrainian parliamentarians and MEPs. According to the Parliamentary Committee, it consists of members of the Verkhovna Rada of Ukraine and the European Parliament. Meetings of this Committee are held on a regular basis, which it determines independently. The inaugural meeting took place in February 2015 in Brussels.

  The Association Committee shall be chaired alternately by the Parties in accordance with the provisions laid down in its Rules of Procedure.

  The Parliamentary Committee has the right to request information from the Association Council on the implementation of the Association Agreement and to make recommendations to it. The Parliamentary Committee of the Association may establish appropriate subcommittees.

  A civil society platform designed to facilitate regular meetings of civil society representatives to inform them of the implementation of the Association Agreement and to take into account their contribution to its implementation.

  The Civil Society Platform consists of representatives of Ukrainian civil society, on the one hand, and members of the European Economic and Social Committee (EESC), on the other.

  Meetings of the Civil Society Platform are held on a regular basis, which it determines independently. The Civil Society Platform shall be chaired in turn by representatives of the Parties.

  The Civil Society Platform may make recommendations to the Association Council. In addition, the Association Committee and the Parliamentary Committee of the Association maintain regular contacts with representatives of the Civil Society Platform in order to obtain their views on the achievement of the objectives of the Association Agreement.

Copenhagen criteria for membership in the European Union

The criteria to be met by candidate countries for accession to the European Union (Copenhagen criteria) were approved by the Copenhagen European Council in June 1993 and include:

• stability of institutions guaranteeing democracy, rule of law, respect for human rights, respect for and protection of national minorities (political criteria);
• the existence of an efficient market economy and the ability to withstand competitive pressure and market forces within the EU (economic criteria);
• ability to make commitments arising from EU membership, including strict adherence to the objectives of political, economic, monetary union (other criteria).

Political criteria

EU membership requires political candidate stability of institutions guaranteeing democracy, the rule of law, respect and protection of minorities from the point of view of political standards. Article 6 of the Treaty on European Union states that "the Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law."

States wishing to become members of the EU must not only enshrine the principles of democracy and the rule of law in their constitutions, but also put them into practice. The constitutions of the applicant States must guarantee democratic freedoms, including political pluralism, freedom of speech and freedom of conscience. They establish democratic institutions and independent judiciaries, bodies of constitutional jurisdiction that create the conditions for the proper functioning of state institutions, free and fair elections, periodic changes in the ruling parliamentary majority, and recognition of the important role of the opposition in political life.

In order to assess the candidate countries' compliance with the conditions of membership, the European Commission (EC) in each of its Opinions goes beyond a formal description of political institutions and relations between them. Based on a number of detailed criteria, it assesses whether democracy is real. It examines how constitutional rights and freedoms are protected, in particular freedom of speech in the activities of political parties, non-governmental organizations and the media.

Economic criteria

According to the Copenhagen criteria, the requirements for economic membership are; the existence of both an efficient market economy and the ability to withstand competitive pressure and the action of market forces within the EU.

The existence of an efficient market economy is characterized by the following elements:

• balance between supply and demand as a result of free interaction of market forces;
• price and trade liberalization;
• No barriers to market entry and exit;
• Adequate legal framework, including regulation of property rights, enforcement of laws and contracts;
• achieving macroeconomic stability, including price equilibrium, stability of public financing and balance of payments;
• public consensus on key economic policy issues;
• sufficient development of the financial sector to direct savings to invest in production.

The criterion of ability to withstand competitive pressure and the action of market forces within the EU includes:

• the existence of an efficient market economy with a sufficient level of macroeconomic stability, which allows market participants to make decisions in an atmosphere of stability and predictability;
• Sufficient human and material resources, including infrastructure (energy, telecommunications, transport, etc.), education and research;
• the degree of influence of government policy and legislation on competition through trade policy, competition policy, state aid;
• level and pace of state integration in the EU before its enlargement;
• Sufficient share of small enterprises in the structure of the economy, as small enterprises benefit from simplified market access.

Other criteria

The European Council has concluded that candidate countries must be able to commit themselves to EU membership in the context of compliance with the objectives of the Treaty on European Union, including the political, economic and monetary Union.

The common foreign and security policy is a key component of the EU's political union.

An important segment of the EU is the European Economic and Monetary Union (EMU).

However, a distinction should be made between participation in a monetary union, binding on all EU members, and the adoption of the euro as a single currency. New members are not required to adopt the euro as their single currency, even if they participate in the EMU. Participation in it will contribute to the development of candidate countries, the adoption of the euro as a single currency for all EU members.