Annex: Foreign Affairs Council conclusions on
Ukraine: Brussels, 10 December 2012
"1. The Council reaffirms the EU's engagement
with Ukraine, in the context of the Eastern Partnership, towards
political association and economic integration based on the respect
for common values, acknowledging the European aspirations of Ukraine
and welcoming its European choice. The Council recalls the outcome
of its debate in May 2012, stating that Ukraine's performance
will determine the pace of engagement, and will be assessed on
the basis of progress in three areas: the compliance of the 2012
parliamentary elections' with international standards and follow-up
actions, as well as Ukraine's progress in addressing the issue
of selective justice and preventing its recurrence, and in implementing
the reforms defined in the jointly agreed Association Agenda.
"2. The Council notes with concern that the
conduct of the 28 October parliamentary elections presented a
mixed picture with several shortcomings and constituted a deterioration
in several areas compared to standards previously achieved. Looking
forward to the final report by the OSCE-ODIHR, the Council underlines
the importance of fully implementing its recommendations and of
addressing the observed shortcomings. The Council also expects
the Government of Ukraine to implement in an inclusive dialogue
with the opposition the public commitments made by the Prime Minister
of Ukraine, including early steps to establish a reliable electoral
system based on an Election Code and clear rules for balanced
media access for electoral competitors. The Council will pay close
attention to how the inconclusive results in the five single mandate
electoral constituencies will be addressed.
"3. The Council reiterates its strong concern
regarding the politically motivated convictions of members of
the former Government after trials which did not respect international
standards as regards fair, transparent and independent legal process
and regrets that, as a consequence,
opposition leaders were prevented from standing in the parliamentary
elections. The Council commends the efforts undertaken by the
European Parliament's monitoring mission to Ukraine headed by
former Presidents Cox and Kwaniewski. The Council
expects the authorities to address the cases of politically motivated
convictions without delay as well as to take further steps to
reform the judiciary to prevent any recurrence. In this context,
the Council stresses the importance of a clearly expressed commitment
by the Ukrainian authorities to an early implementation of all
judgments of the European Court of Human Rights as well as the
recommendations by the Council of Europe related to detention
conditions and medical assistance to persons in detention.
"4. Welcoming the entry into force of a new
Criminal Procedure Code, the new legislation on the Bar, as well
as the establishment of a National Preventive Mechanism against
torture, the Council stresses the importance of their effective
implementation. In the spirit of Ukraine's commitments within
the Association Agenda, the Council expects Ukraine to take additional
steps on judicial reform, including through a comprehensive review
in close consultation with the Council of Europe/Venice Commission
of the law on the functioning of the Prosecutor's Office, of the
Criminal Code, of the role of the High Council of Justice, of
the laws on the Judicial System and the Status of Judges as well
as a reform of the Police.
The Council welcomes the European Union's
and Ukraine's intention to launch an informal dialogue with Ukraine
on judicial reform to facilitate Ukraine's progress on these matters.
"5. The Council recalls the importance of the
jointly agreed Association Agenda in preparing for a possible
future entry into force of the Association Agreement and its Deep
and Comprehensive Free Trade Area. Electoral, judiciary and constitutional
reforms in line with international standards are integral parts
of it and commonly agreed priorities. The Council looks forward
to necessary reforms to prepare for establishing a Deep and Comprehensive
Free Trade Area. Sustained efforts are also required to take forward
the fight against corruption and public finance management reform,
including the broadening of the remit of the Accounting Chamber.
The Council calls upon Ukraine to take determined action to improve
the deteriorating business and investment climate, and in this
context welcomes the European Union's and Ukraine's intention
to launch an informal dialogue with Ukraine on business climate.
The Council also stresses the importance of inclusive reforms
through constructive engagement between Government, parliamentary
opposition and civil society.
"6. The Council invites the High Representative
together with the Commission to monitor and keep the Council informed
about progress achieved, including in the preparations of the
upcoming EU-Ukraine Summit, the 2013 EU-Ukraine Cooperation Council
and the November 2013 Eastern Partnership Summit in Vilnius. The
Council reaffirms its commitment to the signing of the already
initialled Association Agreement, including a Deep and Comprehensive
Free Trade Area, as soon as the Ukrainian authorities demonstrate
determined action and tangible progress in the three areas mentioned
above, possibly by the time of the Eastern Partnership Summit
in Vilnius in November 2013. The signature could be accompanied
by opening for provisional application of parts of the Agreement.
"7. In the spirit of establishing a Deep and
Comprehensive Free Trade Area, the European Union expects Ukraine
to refrain from introducing protectionist measures, such as recycling
fees on vehicles, which are potentially in breach of its WTO commitments.
The European Union reiterates its request to Ukraine to withdraw
the notification for renegotiations of its WTO commitments under
Article XXVIII of the GATT as this initiative raises commercial
concerns and poses a challenge to the integrity of the multilateral
trading system.
"8. The Council reconfirms its support to the
process of modernisation of Ukraine and to the EU's continued
work with Ukraine to this end, including through bilateral financial
assistance and potential EU Macro-Financial Assistance and the
facilitation of support from International Financial Institutions
for the modernisation of the Ukrainian Gas Transmission System,
in accordance with existing agreements, including the Energy Community
Treaty.
"9. The Council furthermore re-affirms its commitment
to the shared objective of visa-free travel in due course provided
that conditions for well-managed and secure mobility set out in
the Action Plan on Visa Liberalization are in place and encourages
Ukraine to increase efforts towards fulfilment of its first phase
benchmarks. It looks forward to the early conclusion of the amended
Visa Facilitation Agreement.
"10. The EU looks forward to close cooperation
and continued political dialogue with Ukraine at all levels, including
as a future Chair-in-Office of the OSCE. It expects Ukraine to
uphold and promote all existing OSCE commitments, provide leadership
in implementing the decisions taken at the Dublin Ministerial,
as well as to step up efforts of the OSCE to resolve conflicts."
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