20 EU-Ukraine
| (30886) 12631/09
COM(09) 381
| Draft Council Decision on the position to be adopted by the Communities and its Member States within the Cooperation Council established by the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States and Ukraine with regard to the adoption of a Recommendation on the implementation of the EU-Ukraine Association Agenda
Council Decision on the establishment of a Joint Committee
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| Legal base | Article 1 of the Council and Commission Decision 98/149/EC, ECSC, Euratom of 26 January 1998
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| Document originated | 22 July 2009
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| Deposited in Parliament | 7 September 2009
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 7 September 2009
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| Previous Committee Report | None; but see (30615) 9029/09: HC 19- xviii (2008-09), chapter 17 (3 June 2009)
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| To be discussed in Council | 14 September 2009 General Affairs and External Relations Council
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| Committee's assessment | Politically important
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| Committee's decision | Cleared, but further information requested
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Background
20.1 The European Neighbourhood Policy (ENP) aims to promote security,
stability and prosperity among the EU's neighbours, by offering
tailored financial assistance to support implementation of agreed
political and economic reforms. It covers Algeria, Armenia, Azerbaijan,
Belarus, Egypt, Georgia, Israel, Jordan, Lebanon, Libya, Moldova,
Morocco, the occupied Palestinian territory, Syria, Tunisia and
Ukraine. The bilateral Action Plans detailing planned reforms,
agreed between the EU and each partner, form the central core
of ENP.[70]
20.2 On 3 June the Committee considered Commission
Communication 9029/09, on "Implementation of the European
Neighbourhood Policy in 2008", together with a number of
Commission Staff Working Documents that detailed progress in the
individual ENP countries concerned. EU assistance priorities are
identified, together with the countries concerned and other relevant
actors, in general Country Strategy Papers (CSPs) covering
7 year periods, National Indicative Programmes (NIPs) covering
3 years and detailed annual programmes.[71]
20.3 In February 2005 the EU and Ukraine agreed an
Action Plan under the European Neighbourhood Policy setting out
a jointly defined agenda of political, economic and sectoral reforms.[72]
20.4 In commenting on the Commission's assessment
of progress thus far, the then Minister for Europe (Caroline Flint)
said:
"We agree with the assessment that the pace
of reform has slowed due to political instability and the economic
crisis, including in key areas such as constitutional and judicial
reform and combating corruption. In spite of this, there have
been some positive developments, such as accession to the WTO,
further progress on negotiating an Association Agreement and continuing
positive co-operation with the EU Border Assistance Mission in
Moldova. Ukraine also continued to align with the majority of
the EU's CFSP declarations. And we are expecting Ukraine to join
the Energy Community Treaty by the end of the year, which should
contribute greatly to the EU's energy security."[73]
The draft Council Decisions
20.5 The first proposed Council Decision is to agree
the adoption of a new Association Agenda to replace the Action
Plan, which expired in February 2009; the second is to establish
a Joint Committee to monitor its implementation.
20.6 In his Explanatory Memorandum of 7 September
2009, the Parliamentary Under-Secretary of State at the Foreign
and Commonwealth Office (Chris Bryant) says that:
—
the new Association Agenda will have a dual purpose of preparing
for and facilitating the early implementation of the EU-Ukraine
Association Agreement currently being negotiated, and of providing
a broader framework for the overall goal of achieving political
association and greater economic integration of Ukraine to the
European Union;
— the proposed Joint Committee will review
progress in the implementation of the Association Agenda and consider
future priorities and any necessary adjustments.
20.7 The Minister encloses the text of the Association
Agenda, which has been provisionally approved by the EU and Ukraine,
with his Explanatory Memorandum.
Legal Aspects
20.8 The Minister notes that the proposal is based
on Article 1 of the Council and Commission Decision 98/149/EC,
ECSC, Euratom of 26 January 1998, and comments as follows:
"We consider that this is incorrect and that
the proposal should be based on Article 2 of the above decision.
We are also discussing this with the Commission and the Council
whether Article 300(2)EC, second paragraph should be added to
the legal base."
The Government's view
20.9 The Minister goes on to say that the Government
supports the proposed Association Agenda and establishment of
a Joint Committee to monitor its implementation. He sees closer
political association and greater economic integration into the
EU as the most effective way to support Ukraine's development
as a modern, independent, European democracy, and the proposed
Association Agenda as "a valuable tool to help implement
the economic and political reforms needed to achieve this."
Specifically, the Minister says, the Association Agenda will help
to consolidate democratic reforms, notably reform of the judiciary,
respect for the rule of law and human rights, transparency and
democratic accountability, the fight against corruption and increasing
citizens' participation in public decision-making in Ukraine.
20.10 The Minister also welcomes "the fact that
much of the character of Ukraine's European Neighbourhood Policy
Action Plan has been retained in the proposed Association Agenda",
explaining that European Neighbourhood Policy Action Plans "have
given operational substance to relations between the EU and its
partners, and are becoming important reference points for the
donor community." While "Ukraine remains part of the
European Neighbourhood Policy and the new Eastern Partnership"
the Minister says that "a new reform tool more closely calibrated
to Ukraine's ambitions and capacities has become necessary as
the EU's relations with Ukraine have deepened." He explains
that the substance of the Association Agenda has been developed
jointly between the EU and Ukraine "and thus constitutes
an agreed reform agenda." The establishment of a Joint Committee
to monitor implementation "will ensure progress is measured
in a coherent fashion."
20.11 The Minister further explains that negotiations
on the EU-Ukraine Association Agreement are continuing and that
"it may take several years before the full Association Agreement
enters into force." That being so, the Minister says that
"the Association Agenda will prepare for and facilitate the
entry into force of the Association Agreement and ensure that
the EU and Ukraine are able to enjoy the full benefits of the
Association Agreement as it is ratified."
20.12 On the legal aspects, the Minister says:
"The UK has raised a number of legal queries
on this proposal with the Commission and Council Secretariat.
Given the breadth of the proposed Association Agenda and the fact
that it touches on a number of areas of member State competence
we consider that the proposed decision should be couched in terms
of a Decision of the Council and of the Member States acting within
the Council. As mentioned above we have also queried the choice
of legal base for this proposal. The Commission and the Council
have undertaken to review the text of the decision in light of
the comments made by the UK."
Conclusion
20.13 We have no concerns over the substance
of the proposal, which would seem to be entirely appropriate in
terms of the development of one of the EU's most important ENP
relationships.
20.14 However, we are concerned that a proposal
concerning an important "mixed competence" agreement
has been put forward for adoption when the legal basis remains
undecided as between the Commission and the Council, and do not
understand why the Minister has not insisted on the matter being
resolved beforehand, especially when there is no apparent urgency.
20.15 Given the substance, we have no wish to
hold this matter up. We also note that the Council Decisions are
subject to unanimity, and presume that the Minister would not
agree to their adoption unless and until they are on the legal
basis that he favours, and which we endorse.
20.16 On that basis, we now clear the document,
but ask that the Minister writes to us after the Council with
details of the outcome and to explain why it was felt appropriate
to submit such an important proposal on the present basis.
70 At present, the EU does not have such plans with
Algeria, Belarus, Libya and Syria, engagement with these countries
having been limited because of their current political situation;
there are nonetheless EU assistance programmes in several of them.
Back
71
For further information on the European Neighbourhood Policy ,
see http://ec.europa.eu/world/enp/documents_en.htm#2. Back
72
For full details of the EU-Ukraine relationship, see http://ec.europa.eu/external_relations/ukraine/index_en.htm Back
73
See headnote: (30615) 9029/09: HC 19- xviii (2008-09), chapter
17 (3 June 2009). Back
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