THE POLITICAL PARTS OF THE EU ASSOCIATION AGREEMENT WITH UKRAINE

The political parts of the Association Agreement (AA) with Ukraine are likely to be signed at the next EU summit on 20-21 March 2014.  

The Association Agreement will constitute a new stage in the development of EU-Ukraine contractual relations, aiming at political and economic association and leaving open the way for further progressive developments. The AA provides for a shared commitment to a close and lasting relationship, based on common values, in particular full respect for democratic principles, rule of law, good governance, human rights and fundamental freedoms.

Here below are the political parts of the AA (excluding Trade and Economic aspects)

Preamble

The PREAMBLE is a selection of the most important areas/facts pertinent to EU-Ukraine relations. It sets out the ambition for a close and lasting relationship. Although it has a non-binding introductory character, it presents important references to common values and could be perceived as a “scene-setter” for the Agreement.

The elements which are set out in the Preamble include among others:

• A reference to common values on which the EU is built – namely democracy, respect for human rights and fundamental freedoms, and rule of law – and which are shared by Ukraine.
• A reference that Ukraine is recognised as a European country which shares a common history and common values with the Member States of the EU.
• A reference to the European aspirations of Ukraine. The EU welcomes Ukraine’s European choice, including its commitment to build deep and sustainable democracy and a market economy.
•  An acknowledgement that the political association and economic integration of Ukraine with the EU will depend on progress in the implementation of the Association Agreement as well as Ukraine’s track record in ensuring respect for common values, and progress in convergence with the EU in political, economic and legal areas.

Title I: General Principles

Title I defines the general principles which will form the basis for the domestic and external policies of the Association between the EU and Ukraine namely:

• Respect for democratic principles, human rights, fundamental freedoms and the rule of law.
• The promotion of respect for the principles of sovereignty and territorial integrity, inviolability of borders and independence, as well as countering the proliferation of weapons of mass destruction are set out.
• Moreover, the principles of a free market economy, good governance, the fight against corruption, the fight against differ­ent forms of trans-national organised crime and terrorism, the promotion of sustainable development as well as effective multilateralism are central to enhancing the relationship between the EU and Ukraine and will underpin their relationship.

Title II: Political dialogue and reform, political association, cooperation and convergence in the field of foreign and security policy

In Title II, the Association Agreement foresees the intensification of the EU-Ukraine political dialogue and cooperation in view of gradual convergence in the area of Common Security and Foreign Policy (CSFP) as well as Common Security and Defense Policy (CSDP).

Title II covers issues such as the aims of political dialogue, dialogue and cooperation on domestic reform as well as foreign and security policy.

The Agreement foresees several fora for the conduct of political dialogue: the EU-Ukraine Summit will present the highest level of political dialogue. At ministerial level the dialogue will be conducted within the Association Council. The political dialogue will aim inter alia:

• to deepen political association and increase political and security policy convergence and effectiveness;
• to promote international stability and security based on effective multilateralism;
• to strengthen cooperation and dialogue on international security and crisis management, notably in order to address global and regional challenges and key threats;
• to foster result-oriented and practical cooperation for achieving peace, security and stability on the European continent;
• to strengthen respect for democratic principles, the rule of law and good governance, human rights and fundamental freedoms, including the rights of persons belonging to national minorities, non-discrimination of persons belonging to minorities and respect for diversity, and to contribute to consolidating domestic political reforms.

Title II dedicates a specific article on the International Criminal Court and calls on the cooperation of the EU and Ukraine in promoting peace and international justice by ratifying and implementing the Rome Statute of the International Criminal Court and its related instruments.

Title III: Justice, Freedom and Security

Title III covers issues concerning the rule of law and respect for human rights; protection of personal data; cooperation on migration, asylum and border management; treatment of workers; mobility of workers; movement of persons; money laundering and terrorism financing; cooperation on the fight against illicit drugs; the fight against crime and corruption; cooperation in fighting terrorism and legal cooperation.

The EU and Ukraine commit through the Association Agreement to increase their dialogue and cooperation on migration, asylum and border management. The importance of the introduction of a visa free travel regime for the citizens of Ukraine in due course, provided that the conditions for well-managed and secure mobility are in place is recognised in the Agreement

The commitment to combating organised crime and money laundering, to reducing the supply of and demand for illicit drugs and to stepping up cooperation in the fight against terrorism is also reflected in the Agreement.

The wish to enhance people-to-people contacts is explicitly set out.

Title VII: Institutional, general and final provisions

The Association Agreement foresees a tailor-made institutional set up for EU-Ukraine relations.

•  At the top level, the EU-Ukraine Summit will be established: The Summit will present the highest level of political dialogue and will be a platform for meetings between Presidents.
• At ministerial level, the dialogue will be conducted within the Association Council which could meet in any configuration. The Association Council will have the power to take binding decisions.
• The Association Council will be assisted in the performance of its duties by an Association Committee.The Association Committee will create Subcommittees to implement sector cooperation. Meeting in a special format, the Association Committee will address the specific DCFTA issues.
• The Association Agreement also foresees a parliamentary dimension, notably by establishing a Parliamentary Association Committee. It will be a forum for Members of the European Parliament and the Parliament of Ukraine to meet and exchange views.

Another important element of the Association Agreement is the promotion of regular civil society meetings. Hence, a dedicated Civil Society Platform will be established. The Platform will be able to make recommendations to the Association Council.