# EUR-Lex - 52005IP0009 - EN

Important legal notice

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# 52005IP0009

**European Parliament resolution on the results of the Ukraine elections **

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Official Journal 247 E , 06/10/2005 P. 0155 - 0158 *

P6_TA(2005)0009

Results of Ukraine elections

European Parliament resolution on the results of the Ukraine elections

The European Parliament,

- having regard to its resolution of 20 November 2003 [1] on "Wider Europe — Neighbourhood: A New Framework for Relations with our Eastern and Southern Neighbours",

- having regard to its resolutions on the previous rounds of the presidential elections in Ukraine adopted on 28 October 2004 [2] and 2 December 2004 [3],

- having regard to the Partnership and Cooperation Agreement between the European Communities and their Member States, and Ukraine [4], which entered into force on 1 March 1998,

- having regard to European Council Common Strategy 1999/877/CFSP on Ukraine [5], adopted by the European Council in Helsinki on 11 December 1999,

- having regard to the Final Statement and Recommendations of the EU-Ukraine Parliamentary Cooperation Committee of 16/ 17 February 2004,

- having regard to the Communication from the Commission of 12 May 2004 on the European Neighbourhood Policy (COM(2004)0373),

- having regard to the Joint Statement of the European Union-Ukraine Summit of 8 July 2004 in The Hague,

- having regard to the statements and the preliminary findings and conclusions of the international election observer mission in Ukraine on all rounds of the presidential election,

- having regard to the decision of the Ukraine Supreme Court to hold a re-run of the second round of the presidential election on 26 December 2004 and the announcement on the final results of the presidential elections in Ukraine by the Central Election Commission,

- having regard to the decisions of the Ukraine Supreme Court on the validity of the repeat of the runoff presidential elections on 26 December 2004,

- having regard to the conclusions of the Brussels European Council of 17 December 2004,

- having regard to Rule 103(4) of its Rules of Procedure,

A. whereas the European Neighbourhood Policy recognises Ukraine's European aspirations and the importance of Ukraine as a country with strong historical, cultural and economic links to the Member States of the EU, and whereas a genuine and balanced partnership can only be developed on the basis of shared values with regard, in particular, to democracy, the rule of law and respect for human and civil rights,

B. whereas the situation concerning the first two rounds of these elections has led to a serious political crisis in Ukraine and even to threats to break up the unity of the country,

C. whereas the European Union and its Member States have acted promptly by sending mediators and whereas the leading role of the European Union, in particular the European Parliament, has been instrumental in defusing tension and bringing about an end to the electoral and political crisis,

D. whereas the constitutional reform and the ensuing compromise reached on 8 December 2004 between Ukrainian President Leonid Kuchma and the opposition led by Viktor Yushchenko ended the threat of an escalation of the tense situation in Ukraine, allowed the settlement of the political crisis and smoothed the way for a free, fair and transparent rerun of the second round of the presidential elections on 26 December 2004,

E. whereas more than 300000 Ukrainians and more than 12000 foreign observers were present as monitors at the polling sites to watch the election process as part of the International Election Observation Mission led by the OSCE,

F. whereas, according to the election observers and the head of the Ukraine's Central Election Commission, no major problems were reported, only minor infringements that did not affect the validity and overall outcome of the elections,

G. whereas the Ukraine Supreme Court rejected all legal challenges lodged by defeated former Prime Minister Yanukovich aimed at invalidating the 26 December 2004 vote,

H. whereas on 10 January 2005 the Central Election Commission announced the final result, which gave Mr Yushchenko 52 % of the votes as against 44 % for Mr Yanukovich,

I. whereas Ukrainian society has strongly manifested its commitment to democracy, the rule of law and other values which are at the basis of the European Union,

J. whereas Ukraine has clearly confirmed its desire to be part of Europe and its willingness to be integrated with the European Union on the basis of the EU's fundamental principles and criteria,

K. whereas a broad consensus between the political forces has been reached and the internal political crisis resolved with full respect for democratic principles,

1. Welcomes the substantially fair elections held on 26 December 2004 and expresses satisfaction that the right of the Ukrainian people to freely elect their President has been recognised and implemented, representing a victory for democratic values, institutions and procedures in Ukraine;

2. Stresses again the role of the mediators in bringing about this successful conclusion of the Ukrainian crisis, including the EU High Representative for CFSP, the Presidents of Poland and Lithuania, and the missions of the European Parliament;

3. Welcomes the findings of the OSCE/ODIHR International Election Observation Mission, which indicate that the rerun of the second round of the presidential elections brought Ukraine "substantially closer to meeting international standards", and congratulates the Ukrainian people, who in a non-violent and mature way through their institutions and according to their laws succeeded in resolving a political crisis and setting their country firmly on the path towards democracy and the assumption of its rightful place in the European community of democratic nations;

4. Congratulates Viktor Yushchenko on his election victory in the presidential run-off on 26 December 2004, and calls on all sides to accept the election results; congratulates, also, the Ukrainian people and authorities for the civic and democratic spirit demonstrated throughout the December 2004 crisis;

5. Calls for a speedy and efficient transfer of power, and calls on the President elect rapidly to form a new administration to end the political stalemate;

6. Calls upon the new Ukrainian political leadership to consolidate Ukraine's espousal of common European values and objectives by taking further steps to promote democracy, civil society and the rule of law, by resuming the liberal market reforms and by overcoming the political divisions in Ukraine;

7. Calls on the newly elected authorities to engage in particular in the further development of democratic institutions, assuring civil liberties as well as providing a framework for the existence and proper functioning of a democratic opposition;

8. Is concerned about the deep divisions within Ukraine and the splits along cultural and regional lines affecting the unity of the country, which were exacerbated by the political stand-off between the candidates, and calls on all political leaders, including former opponents, to make efforts to heal those rifts and reform the country; considers continuing threats of separatism in Ukraine to be unacceptable and expresses its commitment to the territorial integrity of Ukraine; calls on the international community to support these aspirations;

9. Pledges its continuing support, assistance and commitment to the Ukrainian people's establishment of a free and open democratic system, their creation of a prosperous market economy and their country's assumption of its rightful place in the community of democratic nations;

10. Recalls the democratic spirit of the Ukrainian people demonstrated during the political crisis of December 2004; calls on the Council, the Commission and the Member States to take the expectations and hopes that have been raised by the European Union's close involvement in the resolution of this crisis into account in their future approach towards Ukraine;

11. Welcomes the Council's intention to organise an early EU-Ukraine Cooperation Council with a view to the swift adoption of the EU-Ukraine Action Plan; calls on the the Council and the Commission to engage in the rapid implementation of this plan and to include new measures aimed at strengthening the role of civil society;

12. Calls on the Council and the Commission to consider at the same time a revision of the European Neighbourhood Policy Action Plan, which must take account of the new situation, thus giving the new Ukrainian Government the opportunity to renegotiate the Plan in the light of its deep aspirations for European integration; calls on the Council and the Commission to include additional offers such as the organisation of a donors' conference for Ukraine equivalent to the donors' conference for Georgia of 16/ 17 June 2004; calls on the Council and Commission also to consider visa facilitation for Ukraine, prompt recognition of its market-economy status and support for its joining the World Trade Organisation in order to further upgrade the relationship and to meet the expectations and hopes raised by the European Union's close involvement in the peaceful Orange Revolution;

13. Calls on the Council and the Commission to support independent media institutions, as well as a legal framework in which independent media can thrive;

14. Calls on the Council, the Commission and the Member States to consider, besides the measures of the Action Plan within the framework of the European Neighbourhood Policy, other forms of association with Ukraine, giving a clear European perspective for the country and responding to the demonstrated aspirations of the vast majority of the Ukrainian people, possibly leading ultimately to the country's accession to the EU;

15. Calls on the Council, the Commission, and the Member States to support economic and administrative reforms in Ukraine through the relevant programmes and projects, including a substantial increase in financial assistance;

16. Recalls in this context the provisions of Article 49 of the Treaty on European Union, which state that EU membership is an option for all European countries that satisfy the relevant conditions and obligations; looks forward to a sustained transition process in Ukraine that would bring the country towards this objective, and commits itself to assisting and supporting Ukraine in this process;

17. Believes that the crisis which arose in Ukraine represents a test case for the EU in its efforts to promote democracy, human rights and respect for the rule of law in all neighbouring countries; underlines the importance of good neighbourly relations with all its neighbours;

18. Instructs its President to forward this resolution to the Council, the Commission, the Parliament and Government of Ukraine, the Parliamentary Assemblies of NATO and the OSCE, and the Council of Europe.

[1] OJ C 87 E, 7.4.2004, p. 506.

[2] Texts Adopted, P6_TA(2004)0046.

[3] Texts Adopted, P6_TA(2004)0074.

[4] OJ L 49, 19.2.1998, p. 3.

[5] OJ L 331, 23.12.1999, p. 1. Common Strategy as amended by Common Strategy 2003/897/CFSP of the European Council of 12 December 2003 (OJ L 333, 20.12.2003, p. 96).

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