EU-UKRAINE PARLIAMENTARY COOPERATION COMMITTEE

Sixth Meeting
29 September-1 October 2003
CHERNIVTSI/- KYIV

Co-Chairmen: Mr Jan Marinus WIERSMA and Mr Borys TARASYUK

Final Statement and Recommendations 
pursuant to Article 90 of the Partnership and Cooperation Agreement

Under the co-chairmanship of Mr Jan Marinus WIERSMA (PSE, Netherlands) and Mr Borys TARASYUK (Our Ukraine) the sixth meeting of the EU-Ukraine Parliamentary Cooperation Committee was held in CHERNIVSTI and KYIV from 29 September to 1 October 2003. The Committee exchanged views with Mr Oleksandr CHALIY, First Deputy Minister for Foreign Affairs, on behalf of the Government of Ukraine, H.E. Mr Norbert JOUSTEN, Head of the EC Delegation in Kyiv, on behalf of the European Commission and H.E. Mrs BRUNETTI GOETZ, Italian Ambassador to Ukraine, on behalf of the Italian Presidency-in-Office of the Council of the European Union.

The Parliamentary Cooperation Committee (PCC)

1.	welcomes the approval of the Draft Constitutional Treaty of European Union as a historic step and takes note of the provision thereof on the openness of the EU to every European country that respects its values and takes an obligation to promote them together with the EU member-states; in this respect recalls the provisions of Article 49 of the Treaty of the European Union;

2.	underlines the importance of preventing the development of new dividing lines in the continent. The vision of a "Wider Europe" opens new perspectives for further rapprochement and for Ukraine to benefit fully from the opportunities resulting from EU enlargement;

3.	takes note of the Commission communication of 11 March 2003 on a "Wider Europe" that sets out proposals for a strategy for relations between an enlarged Europe and its neighbours to the East and South: also notes the Council conclusions of 16 June 2003 in which the Commission was invited to prepare an Action Plan;

4.	views with great interest the opportunity presented by the launching of Wider Europe  initiative; stresses that there should be differentiation between the countries which the initiative covers, and the New Neighbours Agreements should be country related with a definite allocation for each country, taking into account the strategic priorities and interests of Ukraine, as well as the values it shares with the EU; underlines also that their respective levels of preparedness to enter into advanced forms of cooperation and integration with the EU must be a determining factor and that no country covered by the initiative should have to wait for any other, as relations are deepened; considers that an inclusive process must be developed to create a system of beneficial reciprocal relations promoting a common vision of democracy, respect for human rights and social progress;

5.	looks forward to the initiative having a similar positive effect on Ukraine as has been achieved with the enlargement process in the accession countries of Central and Eastern Europe and underlines the importance of EU-Ukraine cooperation to maintain stability and security and to find adequate responses to common challenges in Europe and in the world;

6.	reiterates its support for Ukraine’s European aspirations and emphasises the need to upgrade the relationship between the European Union and Ukraine, including a perspective for association and possible future EU membership, once the necessary process of political and economic reform has reached a satisfactory level;  in particular, there should be progress on ad ministrative reform, including the fight against corruption and judicial reform;

7.	welcomes the creation in the Commission of a "Wider Europe Task Force" under Commissioner VERHEUGEN, which aims to develop further the political concept of a new neighbourhood policy;

8.	notes with interest that, in reaction to the Council's call on the Commission to prepare an Action Plan,  Ukraine has prepared a draft Plan and that the Commission expects to have a joint document ready in spring 2004: calls on the Commission to come forward rapidly with proposals aimed at encouraging the economic, political and institutional reforms which will enable Ukraine to integrate progressively into the EU internal market, EU polices and programmes, as well as other advanced forms of cooperation in key fields of mutual interest;

9.	takes note of the current proposals for constitutional reform that are being discussed in Ukraine and stresses the need for the outcome to be fully commensurate with European democratic standards: welcomes the involvement in this process of the Venice Commission of legal experts;

10.	looks forward to the Presidential elections of October 2004 being conducted within a reformed legal framework that will allow a free and fair electoral process in terms of administration, campaigning and media coverage; underlines the importance of full implementation of the recommendations of the OSCE/ODIHR that followed the parliamentary elections of March 2002;

11.	reiterates its emphasis that democracy, the rule of law, human rights and an effective civil society and anti poverty measures are essential elements in the progress of Ukraine towards European standards; expresses concern at the situation of many orphans and “street children” and calls on the European Commission to examine possibilities of providing funding to improve the situation;

12.	stresses the importance of a pluralistic and independent mass media which can operate within a proper and effective legal framework; in particular expresses concern at reports of restrictions being imposed on the press and efforts by the state to control the media more closely; welcomes the resolution adopted by the Verkhovna Rada on 16 January 2003 on the conclusions of the parliamentary hearing on the issue of political censorship in Ukraine;

13.	considers it important that the Ukrainian authorities implement the recommendations included in the last report prepared by the Parliamentary Assembly of the Council of Europe on Ukraine's honouring of obligations and commitments vis-а-vis the Council;

14.	confirms the progress reached by Ukraine in the sphere of harmonisation of its legislation to that of the EU and welcomes the adoption by Verkhovna Rada of Ukraine  the Draft Law of Ukraine on General State Programme of Adaptation of the Legislation of Ukraine to that of the European Union, and welcomes the EU willingness to increase the volume of the assistance rendered to Ukraine by the EU in the harmonisation of the legislation of Ukraine;

15.	while welcoming the growth in the Ukrainian economy that has taken place to date in 2003, underlines the need for further structural and economic reform and effective implementation of legislation that will enable it to progress towards European social and economic standards and for Ukraine to make all efforts to become a fully functioning market economy;

16.	welcomes the bilateral protocol signed on March 17 2003 between the European Commission and Kyiv whereby the EU reiterates its support for the accession of Ukraine to the WTO as soon as it meets the relevant criteria: looks forward to Ukraine rapidly bringing its legislation completely in line with WTO rules; 

17.	stresses the importance of ensuring that membership of the Single Economic Space (SES) with Russia, Belarus and Kazakhstan should not be in contradiction with Ukraine’s commitments under the Partnership and Cooperation Agreement and its aspirations to join the WTO and to integrate into the European Union; recalls that the Partnership and Cooperation Agreement between Belarus and the EU has been frozen, as the fundamental conditions for such an agreement do not exist;

18.	supports all efforts by the Ukrainian authorities to improve the conditions for foreign direct investment in Ukraine to be increased, but underlines again the importance of significant additional measures in this respect in order to overcome hurdles for potential investors;

19.	welcomes the signing of the Joint Declaration of the Cabinet of Ministers of Ukraine, the Council of Ministers of Republic of Poland and the European Commission on support for the Eurasian oil-transport corridor Odessa-Brody-Plotsk;

20.	underlines that it is important to develop cooperation in the sphere of oil-transit within the territory of Ukraine, which is a key issue for the energy security of Ukraine, including the implementation of relevant projects within the framework of the INOGATE programme; stresses again that it is important to conduct further privatisation and reform in the gas market and coal sector;

21.	supports all efforts to develop cooperation between the EU and Ukraine in the transport sphere, including the further integration of the Ukrainian transport infrastructure, in particular ports, to the European transport network;

22.	underlines the importance of nuclear safety, ensuring that the K2/R4 nuclear reactors will meet internationally accepted nuclear safety standards;

23.	notes the important results the 2003 Kyiv Environment Conference and underlines the necessity of implementation of the agreements reached;

24.	supports all efforts to cooperate in the field of environment and climate change and underlines its call for the early ratification of the Kyoto Protocol; and also supports the Ukrainian initiative on the EcoEuroRegion for implementation of European Sustainable Spatial Development Principles in the Carpathian–Danube region; 

25.	reiterates the importance of further examination on the future shape of the EU's technical assistance to Ukraine and urges the Commission to ensure that it should be based on enlargement related modalities and be appropriate for Ukraine's needs;

26.	reiterates its stress on the importance of developing regional and cross-border cooperation and on the improvement of mechanisms to ensure that there is compliance with the rules for cross-border cooperation on both sides of the border;

27.	supports the adoption by Ukraine of the Law “On transfrontier cooperation” as well as further improvement of the EU legal basis for cross border and interregional cooperation according to the present challenges

28.	calls for the TACIS, PHARE and Interreg Programmes to be coordinated with possible unification of their action for cross-border and interregional cooperation of the regions of Ukraine, particular in the form of Euroregions;

29.	asks the European Commission to continue to render assistance to Ukraine in renovation and building new equipment for border checkpoints;

30.	emphasises that an effective border regime is an essential element in the fight against organised crime and the sexual exploitation of women and children; to this end looks forward to enhanced cooperation under the Justice and Home Affairs Action Plan and the related scoreboard;

31.	recommends the government of Ukraine, insofar as it has not already done so, to ratify and implement without delay the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, the Protocol amending the European Convention on the Suppression of Terrorism and the 1999 Criminal Law Convention on Corruption and Civil Law Convention on Corruption, along with becoming members of the GRECO and conclude bilateral and multilateral readmission agreements;

32.	notes the necessity of intensification of the “visa-dialogue” between the EU and Ukraine; if it is impossible to solve this issue immediately, the PCC recommends the new member states to 

-	expand their consular services in Ukraine so as to ensure that visa are issued quickly, efficiently and conveniently;
-	improve the number of facilities at border crossings with Ukraine;
-	maintain the level of visa fees at the lowest level possible, and if possible free of charge;
-	allow visa applications to be made by post or electronic means;
-	provide financial and material assistance to Ukraine, to ensure that it is able to respond promptly and efficiently to visa applications from citizens of EU member states;

33.	stresses again the need for all parties in the Transnistria conflict to take urgent steps to find a peaceful settlement to the conflict that is in line with the principle of Moldova’s territorial integrity; in this respect welcomes the mediation efforts of the OSCE, Ukraine and the Russian Federation and encourages the EU to play a more active role in this context; expresses also the hope that the terms of the Russian withdrawal commitment at the 1999 Istanbul OSCE Summit will be fulfilled;

34.	supports efforts aimed at cooperation in the sphere of science and technology,  science exchanges and  Ukraine’s participation in the Sixth Frame Programme of European Union;

35.	welcomes participation of representatives of Ukraine in COSAC meetings on a regular basis;

Adopted unanimously.