Annex 2: Letter sent on 1 October 2014 by the
President of the European Commission, José Manuel Barroso,
to the President of the Russian Federation, Vladimir Putin:
"Mr. President,
Following your letter of 17 September, I would like
to welcome the constructive engagement from all sides in the trilateral
ministerial meeting on the implementation of the EU-Ukraine Association
Agreement, including a Deep and Comprehensive Free Trade Area
on 12 September.
The conclusions reached at that meeting were endorsed
by all participants and set out in a joint ministerial statement.
On the EU side, we have informed our Member States
of the outcome of the trilateral process, and we have now obtained
their approval for the necessary legislative steps.
I should emphasize that the proposal to delay the
provisional application of the DCFTA is linked to continuation
of the CIS-FTA preferential regime, as agreed in the joint ministerial
statement. In this context, we have strong concerns about the
recent adoption of a decree by the Russian government proposing
new trade barriers between Russia and Ukraine. We consider that
the application of this decree would contravene the agreed joint
conclusions and the decision to delay the provisional application
of the trade related part of the Association Agreement.
The joint ministerial statement also foresees further
consultations on how to address concerns raised by Russia. We
are ready to continue engaging on how to tackle the perceived
negative impacts to the Russian economy resulting from the implementation
of the Deep and Comprehensive Free Trade Area.
I take however this opportunity to underline that
the Association Agreement remains a bilateral agreement and that,
in line with international law, any adaptations to it can only
be made at the request of one of the parties and with the agreement
of the other, according to the mechanisms foreseen in the text
and the respective internal procedures of the parties.
I wish to recall that the joint conclusions reached
at the Ministerial meeting state clearly that all these steps
are part and parcel of a comprehensive peace process in Ukraine,
respecting the territorial integrity of Ukraine as well as its
right to decide on its destiny.
Consequently, while all parties should implement
the conclusions as laid down in the joint ministerial statement
in good faith, the statement does not and cannot limit in any
way the sovereign prerogatives of Ukraine.
The European Commission remains fully committed to
contribute to a peaceful solution. In this respect we hope that
the recent positive steps embodied in the Minsk Protocol of 5
September and the ensuing memorandum from 19 September will be
fully implemented, including the monitoring of the Ukrainian-Russian
state border and its verification by the OSCE, and the withdrawal
of all foreign armed formations and military equipment from the
Ukrainian territory.
We also expect that rapid and decisive progress can
be achieved in the trilateral gas talks towards a mutually acceptable
interim solution for the upcoming winter period, on the basis
of the compromise elements set out by the European Commission.
It is key that the resumption of energy deliveries to the citizens
of Ukraine is ensured and that the fulfilment of all contractual
obligations with customers in the EU is secured.
Yours faithfully,
José Manuel BARROSO"
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