EUROPEAN NEIGHBOURHOOD POLICY REVIEW: EXPECTATIONS OF UKRAINE Ukrainian independent experts’ contribution June 2015
Summary General Policy Principles To achieve its goals, ENP / EaP should be based on the common principles and values, interests and challenges facing partner countries and the EU. Fundamental principles of the policy should continue to remain solidarity, conditionality and “more for more”, differentiation, joint ownership and responsibility. The key issue is more ambitious conceptual definition and practical implementation of these principles. In particular: “Solidarity” should mean a real common response to common challenges. This primarily concerns the recognition of the indivisibility of security of the partner countries and EU Member States. This in particular should be reflected in the revised European Security Strategy. Conditionality and “more for more” - clearly defined targets and indicators for participation of partner countries in more ambitious partnership stages, including, as the ultimate goal, the transition to the enlargement policy on the basis of Article 49 of the Treaty on European Union. Differentiation – should consider the different aspirations of partner countries as regards the level of partnership with the EU, as well as “different speeds” for “different groups of states”, given the qualitative differences between their agendas of relations with the EU. Funding should be dependent not on geography (southern and eastern neighbors), but on the depth of integration with the EU. Joint ownership and responsibility - joint decisions in practice, particularly the definition of aid conditions with greater attention to the needs of partner countries. Civil society should be involved into this decisionmaking, as relations within the Eastern Partnership should be built not only with governments but also with civil societies of the partner countries. Flexibility is the key for the effectiveness of the policy. In particular, in the short term, regardless of the debate about the EU membership perspective, the real added value would be if the countries that signed Association Agreements were practically offered the instruments of EU support which were usually formally tied to the status of a candidate country.
Policy content ▷ Strengthening security in Europe and the role of the EU Sending EU peace-keeping field missions of the EU and / or supporting the relevant UN and OSCE missions in the conflict areas of the Eastern Partnership; EU support in reforming the security sector of the partner countries, increasing military-technical cooperation; Integration to the ENP of the instruments of cooperation in the framework of the CFSP and CSDP; Involving associated partner countries to the process of review of the European security strategy.
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▷ Joint response to the Russian propaganda Supporting alternative Russian media, especially on the Internet, and creating a single converged newsroom (production) in Russian; EU financing for joint information and communication projects, documentaries and investigative journalism, international monitoring of Russian propaganda, academic and applied research on Eastern Europe and Russia; Clarification of the standards of journalism in Europe, promoting the development of a new Code of Conduct to prevent propaganda manipulation.
▷ Support the implementation of Association Agreements, including institutional capacity building Supporting the development of the system of monitoring the implementation of the Association Agreements (AAs), which includes periodical screening of the legislation; Priority assistance to institution building for good governance, public administration reform, decentralization and anti-corruption; Promote the active involvement of civil society in the implementation of AAs through relevant civil society platforms and practices of stakeholder consultation; Use of methodologies of aid delivery successfully tested in the candidate countries, particularly as to support for infrastructure projects and for development of absorption capacity.
▷ Economic integration and development, making use of the DCFTA potential Launch of implementation of the deep and comprehensive free trade area (DCFTA) between the EU and Ukraine as of January 2016; Investment promotion: state guarantees and political risk insurance by the EU Member States, attracting strategic investors; Development of business-to-business contacts, providing direct technical assistance to producers to enter the EU market, inclusion into international production chains; Assistance in the development of competition, protecting property rights and favourable regulatory climate.
▷ Strengthening energy security Inclusion of the associated EaP countries into the EU Energy Union; Promotion of transferring the points of gas delivery to the European energy companies onto the UkrainianRussian border – the border of the Energy Community; Inclusion of Ukraine into the Trans-European Energy Networks (TEN-E), building of new interconnectors between neighbouring EU Member States and Ukraine with EU funding (Connecting Europe Facility), and creation of the Eastern European energy hub (using the potential of Ukrainian gas storage facilities); Assistance for regulatory approximation to EU law in the field of energy, increasing transparency, market liberalization, reform of pricing and tariff, and greater energy efficiency.
▷ Communications, mobility and contacts between people Visa-free regime for short-term travel for citizens of Ukraine and Georgia to the EU once the technical criteria are implemented; Inclusion of Ukraine to the Trans-European Transport Networks (TEN-T), EU funding for transport and logistics connection projects (Connecting Europe Facility); Signing and implementation of the Common Aviation Area Agreement between Ukraine and the EU; Accession of partner countries to the EU programme «Digital Agenda for Europe»; Full integration into the common EU programs on education, youth, science, culture, sport, civic education (“Erasmus +”, “Horizon 2020”, “Creative Europe”, “Europe for Citizens”, etc.).
EUROPEAN NEIGHBOURHOOD POLICY REVIEW: EXPECTATIONS OF UKRAINE Ukrainian independent experts’ contribution June 2015
Extended text In early March 2015, the European Commission and High Representative of the Union for Foreign Affairs and Security Policy announced a broad consultation on review of the European Neighbourhood Policy by publishing a joint consultation document “Towards a new European Neighbourhood Policy”. In the context of the review of this policy the European Union expects to receive contributions on the vision of its future, including from civil societies of the partner countries. Ukrainian independent experts are contributing the following vision for a renewal of the content of the European Neighbourhood Policy (ENP) in the region of the Eastern Partnership (EaP). These proposals were worked out in a series of public and closed discussions and also of the public consultations held in April 2015 by the Governmental Office on European Integration. These ideas and suggestions are addressed not only to EU institutions but also to the governments of Ukraine and the EU member states as well as to the civil societies, independent experts of EU member states and other partner countries - for discussion and development of common approaches.
1. General Policy Principles To achieve its goals, ENP / EaP should be based on the common principles and values, interests and challenges facing partner countries and the EU. Fundamental principles of the policy should continue to remain solidarity, conditionality and “more for more”, differentiation, joint ownership and responsibility. The key issue is more ambitious conceptual definition and practical implementation of these principles.
Solidarity “Solidarity” should mean a real common response to common challenges in Europe, based on shared values and interests. A new level of relations of Association, as special and privileged ones between the partner countries and the EU, should mean the readiness to ensure through practical steps the realization of shared values and interests. This primarily concerns the recognition of the indivisibility of security of the partner countries and EU Member States. This in particular should be reflected in the revised European Security Strategy.
Conditionality and “more for more”
The principle of “more for more” should provide clearly defined targets and indicators for participation of partner countries in more ambitious partnership stages, including, as the ultimate goal, the transition to the enlargement policy. Therefore, the ENP should be reviewed to reach a general agreement that a partner country has the sovereign right to choose the level of depth and the ultimate goal of its relations with the European Union, and to fulfil its aspirations in accordance with the Article 49 of the Treaty on European Union. The ENP has to offer to the countries associated with the EU – Ukraine, Moldova and Georgia – further practical tools and an integration roadmap, expert and financial support for their reform programmes based on the Association Agreement. This roadmap should also include the conditional phasing of expanding the opportunities for participation of partner countries in the greatest possible number of EU programs and agencies.
Differentiation There should be real differentiation to consider the different aspirations of partner countries as regards the level of partnership with the EU. In the process of ENP renewal, one should take into account that some partner countries signed and implement association agreements (Ukraine, Moldova, Georgia) while other partners opted for other ambitions in their relationship with the EU (Armenia, Azerbaijan, Belarus). Thus, for today the Eastern Partnership framework is too narrow for some, and too broad for others.
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Thus, there should be differentiation of ‘different speeds’ for ‘different groups of states’, given the qualitative differences between their agendas of relations with the EU. This logic of implementation of the new phase of the Eastern Partnership as the Eastern dimension of ENP would not only intensify and deepen integration with the EU for Ukraine, Moldova and Georgia, but also keep within the EaP the relationship with the countries of the second group, both on the bilateral and multilateral levels. It acquires particular importance in light of the need to maintain a close connection with the civil societies of the second group. Only a qualitative differentiation can secure functionality of a single ENP platform for the South and the East. Funding within ENP should be dependent not on geography (southern and eastern neighbors), but on the depth of integration with the EU.
Joint ownership and responsibility
ENP / EaP review should also lead to the practical implementation of the principle of joint ownership through the joint decision-making, with greater attention to the needs of the partner countries. In particular, this applies to definition of conditions for aid delivery, consistency of implementation criteria etc. “Joint ownership and responsibility” also means that the relations within the Eastern Partnership should be built not only with governments but also with civil societies of the partner countries as they are the major advocates for reform. In some EaP countries, civil society has accumulated strong expertise and institutional memory, which lacks both the governments and international technical assistance projects. That is why civil society should be involved not only in monitoring, but, in fact, in decision making in the framework of the implementation of the Eastern Partnership, Association Agreements, sectoral aid programs etc. objectives. A priority is also to expand the circle of EU Member States practically involved in the implementation of the Eastern Partnership goals. It would contribute to greater solidarity and broader dialogue in Europe, and increase the range of stakeholders. Of course, an important focus of the revised ENP / EaP should be practical facilitation of systematic experience sharing on governmental, regulatory and economic convergence with the European Union acquired by actual member states which used to be associated / candidate countries. Flexibility is the key for the effectiveness of the policy. In particular, in the short term, regardless of the debate about the EU membership perspective, the real added value would be if the countries that signed Association Agreements were practically offered the instruments of EU support which were usually formally tied to the status of a candidate country. The concept of “neighbours of neighbours” can have a positive impact if implemented not only on the basis of a clear understanding of the goals and interests of the relevant states, but also based on clear conditions and criteria and not be at the expense of “neighbors”.
2. Policy content Cooperation under the revised ENP / EaP should be focused on supporting Ukraine’s implementation of the Association Agreement using the methodology tested on candidate countries as well as on developing physical connections and increased mobility, large-scale participation in EU programmes and agencies. Given the current challenges, needs and existing experience of cooperation within the ENP / EaP, the bilateral dimension should be focused on the following priorities: Strengthening security on the European continent and the role of the EU in this task; Joint response to the Russian propaganda; Supporting the implementation of Association Agreements, including institutional capacity building; Economic integration and development, making use of the DCFTA potential; Strengthening energy security; Communication, mobility and contacts between people.
▷ Strengthening security on the European continent and the role of the EU EU policy should have adequate instruments of joint response with the partner countries to the threats to their national security, sovereignty and territorial integrity. The EU is already involved in the settlement of frozen conflicts in the EaP region as well as to the process of finding a peaceful resolution of the Russian-Ukrainian conflict. Continuing efforts in this direction, the EU should:
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Strengthen its presence as peacemaker in the region by sending its own peacekeeping field missions and / or supporting the respective UN and OSCE missions in the conflict areas of the Eastern Partnership; Support the partner countries in reforming their security sector, building effective and dynamic militarytechnical cooperation based on the CSDP principles; Integrate to the ENP the instruments of cooperation in the framework of the Common Foreign and Security Policy and Common Security and Defence Policy; Recognize the indivisibility of security of the partner countries and the EU member states, and involve the associated partner countries to the process of review of the European security strategy.
▷ Joint response to the Russian propaganda1 Russian Federation’s propaganda aims not only at undermining national security and sovereignty of the EaP partner countries but is also directed to jeopardize the entire project of European integration. To effectively counter it, it is important to: Support alternative Russian language media, especially on the Internet – not only the relevant services BBC BBC or Deutsche Welle etc. but first of all the independent Russian media in exile as well as new Russian language media in EU and EaP countries; and to create a single converged news-room (production) in Russian language; Implement joint (between the EU and partner countries and between partner countries themselves) information and communication projects to improve mutual knowledge – in particular, support cooperation (including content sharing) between public broadcasters, private TV channels, new media and print media; Support documentaries and investigative journalism, in particular on the topics of Russian aggressive actions (in Ukraine) and Russian corrupt influences in Europe; EU to financially support academic and applied policy research in Eastern Europe and Russia, to increase expertise in the EU and to raise a new generation of experts who could professionally comment for European media on the events in the region; Monitor and seriously study Russian propaganda at international level (building on the idea of StopFake), launch ‘StopHate’ – a monitoring of hate speech in Eastern Europe, in particular, the Russia’s aggressive anti-European content; Clarify the standards of journalism in Europe to prevent manipulation, hold a conference of European regulators to develop a new Code of Conduct – based on the research of the instruments and influences of Russian propaganda in modern liberal democratic societies.
▷ Support the implementation of Association Agreements, including institutional capacity building Association Agreements with the Eastern Partnership countries constitute a new generation of agreements that provide for significant approximation of policies and legislation (80% of the whole body of EU acquis). The lion’s share of obligations under the Association Agreement shall be implemented by the partner countries. However, the EU should actively support the implementation of the Association Agreements by partner countries – in particular, through reinforced monitoring, financial assistance, and assistance in fighting corruption and in institutionbuilding as well as in promotion of the European culture of decision-making based on multi-stakeholder policy dialogues. When applying these assistance tools, EU should use the methodology successfully proven in the case of the candidate countries (with adaptation to perform the tasks of Association Agreements, including DCFTAs). Progress should be watched through a system of monitoring of the Association Agreement. Such a system should be developed with the support of the EU. This monitoring should include periodic screening of legislation on conformity with the acquis (in the scope envisaged by Association Agreements). Development aid by the EU should be tied to the objectives of implementing Association Agreements by partners. In this context, the EU is advised to:
1 A more detailed list of ideas proposed by a group of Ukrainian journalists, media activists and experts (informal group UkraineWorld) on possible ways of countering Russian propaganda and unfair journalism can be found here: http:// euromaidanpress.com/2015/06/06/ukraines-ideas-for-countering-russian-propaganda-and-unfair-journalism
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Maintain the principle of conditionality for rendering assistance, i.e. aid amounts need to stay dependent on the progress in implementing reforms and the dynamics of sectoral cooperation; Review methodology of aid to make use of best practices of aid to candidate countries, in particular, to support infrastructure projects; Define that one of the objectives of aid should be to raise the national absorption capacity of central and local authorities to receive and to use budget support and international technical assistance; Make the most transparent the process of programming, conditions, state of allocations, and monitoring and evaluation of use of the EU aid by partner countries. A key focus of aid should be to facilitate the building of institutions of good governance, decentralization, public administration reform and anti-corruption. Particular priorities in this field: Introducing of an effective system of policy-making, with preparation, adoption and implementation of governmental decisions based on policy analysis, at all levels of public administration; Establishment of a professional and politically neutral civil service. Improve the quality of administrative services and the interaction of government with citizens, including using e-government; Ensuring the capacity of the local government and building up an effective system of territorial organization of the government in Ukraine; Development of regional policy as investment policy to create jobs and attract investment; Investment in local anti-corruption expertise in partner countries – trainings for investigators, staff of anticorruption agencies, activists, journalists etc. Successful implementation of the Association Agreements can only be expected with the active participation of civil society – thus, participation of civil society organizations (CSOs) of the associated partner countries should be ensured in the bilateral dialogues between national governments and EU institutions on the AA implementation. Also, an access should be provided to the programmes of support, exchanges on reforms implementation, and cooperation between the civil societies of the partner countries and EU member states. In this context, the following actions are advised: Support the civil society platforms in the partner countries as key mechanisms coordinating the efforts of civil society to participate and monitor the implementation of the AAs; Promote the introduction of practices of multi-stakeholder policy dialogues on the priority issues of implementation of AAs, with involvement of NGOs, business associations, local self-government authorities etc. Support the establishment of cooperation and exchange of experiences regarding participation in European integration reforms between CSOs of the partner countries and the EU member states – through introduction of cooperation support programmes (similar to ‘twinning’ for the governments etc.); Strengthen the capacity of civil society to participate in the reforms and monitor implementation of the AAs through institutional development programmes for CSOs; Support initiatives and projects of NGOs at the national, regional and local level as practical steps to raise public awareness, support and participation in the implementation of the European integration reforms, with particular attention to the sustainability of such projects and initiatives.
▷ Economic integration and development, making use of the DCFTA potential A key performance indicator for deep and comprehensive free trade areas (DCFTAs) within the Association Agreements is the dynamics of trade and investment volumes between the EU and EaP associated countries. Thus, a strategic priority of DCFTA implementation is that Ukrainian companies do enter the EU market with the simultaneous development of investment opportunities for European business in the domestic market of Ukraine. In this regard, joint efforts should be directed to: Begin implementation of the DCFTA part of the Association Agreement with Ukraine as of 1 January 2016; Investment promotion: state guarantees by the EU Member States and political risk insurance schemes, facilitation of attracting strategic investors with regard to the goals of regional development and structural transformation of the economies of the EaP associated countries;
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Development of business-to-business contacts, integration into international production chains, providing (as on example of the candidate countries) direct technical assistance to producers to facilitate their access to the EU market; Assist in the development of competition (particularly in strategic sectors - energy, transport, communications), protection of property rights and creation of a favourable regulatory climate; Upgrade of monitoring and supervision in the financial sector, strengthening the rules on transparency, corporate management and protection of the rights of creditors and investors as well as further integration of the domestic financial sector into the international system of norms and coordination. In this context it is also important to address the need of creating modern labour legislation and a flexible labour market in the associated countries, as well as of effective practical implementation of existing commitments in the field of environmental protection, including the approximation of national legislation to the aquis communitaire in the field of environment, and hence the gradual implementation of the principles of sustainable development.
▷ Strengthening energy security Ukraine and Moldova are both parties (Georgia - observer) of the Treaty establishing the Energy Community and therefore approximate their regulatory framework to the EU law in the field of energy. Association Agreements of these countries with the EU provide (Article 274 in the case of Ukraine) that each Party shall take into account the energy networks and capacities of the other Party when developing policy documents regarding demand and supply scenarios, interconnections, energy strategies and infrastructure development plans. Building on these provisions of the Association Agreements and the provisions of the Treaty establishing the Energy Community, for further integration of energy products markets and strengthening the common energy security of the EU and associated EaP countries, it is important to: Include the associated EaP countries into the EU Energy Union; Promote the movement of the gas delivery points for the European energy companies onto the UkrainianRussian border – the border of the Energy Community; Bring the agreements with third countries on energy cooperation in conformity with European methodology; Include Ukraine into the Trans-European Energy Networks (TEN-E), build new interconnectors between neighbouring EU Member States and Ukraine with EU funding (Connecting Europe Facility), and create the Eastern European energy hub (using the potential of Ukrainian gas storage facilities); Assist for regulatory approximation to EU law, energy and fuel markets liberalization, reform of pricing and tariff, greater energy efficiency, and increasing transparency of the energy sector, introduction of international financial accounting for all Ukrainian energy companies, improvements of access to statistics etc.
▷ Communications, mobility and contacts between people To further enhance integration between the EU and partner countries and between partner countries themselves, joint efforts should be directed at: Visa-free regime for short-term travel for citizens of Ukraine and Georgia to the EU once the technical criteria are implemented; Inclusion of Ukraine to the Trans-European Transport Networks (TEN-T), EU funding for transport and logistics connection projects (Connecting Europe Facility); Signing and implementation of the Common Aviation Area (‘Open Sky’) Agreement between Ukraine and the EU; Accession of partner countries to the EU programme «Digital Agenda for Europe»; Full integration (in the early stages - on preferential terms) into the common EU programmes and other opportunities in education, youth, science and research, culture, sport, civic education (“Erasmus +”, “Horizon 2020”, “Creative Europe”, “Europe for Citizens”, European Research Area, European Higher Education Area etc.), promoting high mobility of researchers, students, artists and civic activists, and their joint artistic, media, scientific, educational, civic projects.
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3. ENP/EaP policy content: multilateral dimension Regular exchange of experience in the thematic platforms and panels of multilateral dimension of the Eastern Partnership should gradually be replaced by real projects that will increase the visibility of the EaP for citizens and strengthen EU involvement in the regional affairs. Experience of the EaP flagship initiative of the Integrated Border Management Programme, which combines the exchange of experience and a large investment component for particular infrastructure projects, is an example for future project activities under the Eastern Partnership. It is also necessary to strengthen the multilateral dimension as a platform for implementing joint initiatives and projects in the areas described above.
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Development of proposals of Ukrainian independent experts to review the European Neighbourhood Policy and the Eastern Partnership was initiated and coordinated by the European programme initiative of the International Renaissance Foundation in close cooperation with the Ukrainian National Platform of the Eastern Partnership Civil Society Forum and the Ukrainian side of the Civil Society Platform (newly formed institution under EUUkraine Association Agreement) and in consultation with the Government Office for the European Integration. Independent experts who participated in the preparation and discussion of these proposals: Iryna Sushko («Europe Without Barriers», Working Group 1 coordinator of the Ukrainian national platform of the Eastern Partnership Civil Society Forum); Denys Chernikov (independent expert); Zoriana Mishchuk (independent expert); Oleksandr Sushko (Institute for Euro-Atlantic Cooperation, Co-Chair of the Civil Society Platform under the EU-Ukraine Association Agreement); Rostyslav Tomenchuk (Ukrainian Institute for International Politics); Volodymyr Yermolenko (Internews Ukraine); Andriy Kohut (Centre for Research on the Liberation Movement); Taras Kachka (American Chamber of Commerce in Ukraine); Alyona Getmanchuk, Sergiy Solodkyy, Leonid Litra (Institute of World Policy); Veronika Movchan (Institute of Economic Research and Policy Consulting); Mykhailo Gonchar (The Centre for Global Studies Strategy XXI); Olena Pavlenko, Anton Antonenko (Dixi Group); Svyatoslav Pavlyuk (EU Covevant of Mayors - East); Iryna Kravchuk (Ukrainian Evaluation Association); Natalia Andrusevych (Resource and Analysis Center «Society and Environment»); Hennadiy Maksak (Polissya Foundation for International and Regional Studies); Daria Kaleniuk (Anticorruption Action Centre); Yaroslav Voitko, Olena Zakharova (International Centre for Policy Studies); Olexiy Haran (National University of «Kyiv-Mohyla Academy»); Maria Zolkina (Ilko Kucheriv Democratic Initiatives Foundation); Oleh Zhyvotovsky (NGO ‘European Choice’); Andriy Shevchenko (‘Science’ working group, Reanimation Package of Reforms); Olena Prystayko (Ukrainian Think Tanks Liasion Office in Brussels); Dmytro Shulga (International Renaissance Foundation).
Contact person: Dmytro Shulga, European Program Initiative Director, International Renaissance Foundation, shulga@irf.ua, (+380 44) 461 95 00