Priorities for Developing the Association with the EU: Expectations of Ukrainian Civil Society Experts

Ukrainian independent experts in different sectors covered by the EU-Ukraine Association have set forth their expectations of the developments of the EU-Ukraine relationship this year and in the mid-term perspective.

These expectations have been discussed and revised taking into account proposals of participants of the public discussion “European Integration Agenda: Ukraine’s Ambitions for 2020” (Kyiv, 21 January 2020).

In a number of sectors experts stress the need to update the Association Agreement (AA), inter alia, to update the existing Annexes and/or add new ones in order to take into account EU law developments and the progress in the bilateral political and trade relations over the 10 years that have passed since negotiating the current AA text and 5 years since its (provisional) entry into force.

The experts’ consensual expected results of 2020 and 2023 are briefly summarised below, structured according to priority sectors of EU-Ukraine relationship.

The document has been prepared with the support of the Civic Synergy Project, funded by the European Union and implemented by the International Renaissance Foundation. Its content does not necessarily reflect the opinion of the EU and the IRF

JUSTICE, FREEDOM AND SECURITY

Amendments to the AA: A new Annex to Title III Justice, Freedom and Security added to provide specific priorities for the cooperation of law-enforcement agencies and for indicators of reforms in the areas of justice and the fight against corruption.

Target 2020: An agreement reached to monitor the implementation by Ukraine of its commitments using the EU Justice Scoreboard and EU Anti-Corruption Report tools.

Ukraine has fulfilled its tasks for 2020 under the Integrated Border Management Strategy and the State Migration Policy Strategy.

Target 2023: The monitoring has confirmed that Ukraine has implemented its commitments envisaged in the already approved new Annex to Title III, attesting that it has achieved the level of EU Member States in these areas.

Agreements on the joint border control in accordance with the Schengen law have been concluded between Ukraine and the neighbouring EU Member States.

TRADE, CUSTOMS, AND SANITARY AND PHYTOSANITARY MEASURES

Amendments to the AA: Annexes I-A through I-D updated: liberalisation of mutual access to commodity markets has been accelerated by waiving the uncompleted transitional periods and extending the tariff quotas to take into account the export dynamics in 2017-2019.

Target 2020: The procedure for Ukraine’s accession to the EU’s common transit system launched. The mutual recognition of authorised economic operators reached by the end of the year.

Target 2023: Recognition of equivalence of SPS ensured for at least three product types. Parties aim at full liberalization of the trade in goods.

AGREEMENTS ON CONFORMITY ASSESSMENT AND ACCEPTANCE OF INDUSTRIALGOODS (ACAA)

Amendments to the AA: Annex III updated (List of Legislation for Alignment).

Target 2020: The EU has concluded in favour of Ukraine’s readiness to sign ACAA in the sectors of low-voltage equipment, electromagnetic compatibility, and machinery.

Target 2023: Taking into account the successful implementation of the ACAA already signed,Ukraine and the EU have undertaken to embark on a dialogue on extending the ACAA to products of other industrial sectors listed in Annex III, where Ukraine has adopted technical regulations based on the EU Regulations and Directives effective in 2023.

DIGITAL AGENDA

Amendments to the AA: Appendix XVII-3 (Rules Applicable to Telecommunication Services) of Annex XVII updated to take into account the new European Electronic Communications Code.

Target 2020: An Agreement on Mutual Recognition of Electronic Trust Services between Ukraine and the EU concluded. A mechanism and an algorithm defined for cooperation within the EU Digital Single Market sectors that are not mentioned in Appendix XVII-3. A Strategy and an Action Plan for Ukraine’s integration into the EU Digital Single Market agreed upon.

Target 2023: Ukraine has begun to work with the EU in an internal market mode in the telecommunications sector. A plan on the complete integration of the digital market of Ukraine to that of the EU agreed upon.

ENERGY

Target 2020: An operation mechanism for Annex XXVII (Energy Cooperation) approved where it deals with Ukraine consulting the European Commission on its draft decisions in the energy sector.

Target 2023: Ukraine’s integration into ENTSO-E completed.

ENVIRONMENT

Amendments to the AA: Annexes to Chapter 6 (Environment) XXX (with the possible inclusion of Directives on waste, noise, chemicals, and animal welfare) and XXXI (taking into account commitments under the Paris Agreement) updated.

Target 2023: A mechanism for including Ukraine’s nature protection areas in the European network Natura 2000+ approved. A financing mechanism for implementing the EU’s environmental standards, including best available techniques (BATs) in selected sectors, agreed upon.

OTHER PRIORITIES

Target 2020: Ukraine and the EU have agreed the format of Ukraine’s engagement into the EU Green Deal initiative, with a perspective of further policy alignment in this sphere.

An agreement on the Common Aviation Area has been signed. In the framework of the EU-Ukraine Transport Dialogue, a decision has been found to solve the problem of the lack of permits for the road freight transport.

The following experts have contributed to the formulation of the above priorities:

Liuba AKULENKO, Executive Director of the Ukrainian Centre for European Policy;

Natalia ANDRUSEVYCH, Head of the Board of the Resource and Analysis Center “Society & Environment”, Coordinator of the Working group on Energy, Environment, Climate Change and Transport of the EU Ukraine Civil Society Platform;

Iryna KOSSE, Senior Research Fellow of the Institute for Economic Research and Policy Consulting;

Veronika MOVCHAN, Scientific Director of the Institute for Economic Research and Policy Consulting;

Volodymyr NOCHVAI, expert of the NGO “Сentre for Innovations Development”;

Lilia OLEKSIUK, Head of NGO “Information Security and Information Technologies”, member of the EU-Ukraine Civil Society Platform;

Olena PAVLENKO, President of DIXI Group, Member of the Coordination Board of the Ukrainian Side of the EU-Ukraine Civil Society Platform;

Oksana PRYKHODKO, Director of international NGO “European Media Platform”;

Iryna SUSHKO, Executive Director of the NGO “Europe Without Barriers”;

OTHER participants of the public discussion “European Integration Agenda: Ukraine’s Ambitions For 2020” (Kyiv, 21 January 2020).

The core team ensuring priorities development and editing:

Dmytro SHULGA, Director of the European Programme of the International Renaissance Foundation;

Serhiy SYDORENKO, Editor of European Pravda;

Zoriana MISHCHUK, Team Leader/Key Expert of the Civic Synergy Project.

Recommended reading

The analytical report “Integration within Association: Implementation Dynamics of the EU-Ukraine Agreement (3rd edition)“

The publication offers an analysis of implementation of the economic part of the Association Agreement (as of November 2019).

An in-depth analysis was made of 8 sectors: technical regulations (a market of industrial goods), custom procedures, a digital market, financial services, governmental procurement, energy sector (gas market), postal and courier services, the Common Aviation Area. In addition, the potential benefits of integration into the EU’s internal market, the dynamics and current state of Ukraine’s “homework”, as well as the reasons of delays, and the progress of every sector were analyzed.