1999E0877 — EN — 20.12.2003 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B EUROPEANCOUNCILCOMMONSTRATEGY
of11December 1999
onUkraine
(1999/877/CFSP)
(OJ L 331, 23.12.1999, p. 1)
Amended by:
Official Journal
No page date
►M1Common Strategy 2003/897/CFSP of the European Council of 12
December 2003L 333 96 20.12.2003
▼B
EUROPEANCOUNCILCOMMONSTRATEGY
of11December 1999
onUkraine
(1999/877/CFSP)
THE EUROPEAN COUNCIL,
Having regard to the Treaty on European Union, in particular Article
13(2) thereof,
Whereas the Agreement on Partnership and Cooperation (PCA)
between the European Communities, their Member States and Ukraineentered into force on 1 March1998,
HAS ADOPTED THIS COMMON STRATEGY:
PART I
VISION OF THE EUROPEAN UNION FOR ITS PARTNERSHIP WITH
UKRAINE
1. The strategic partnership between the European Union (EU) and
Ukraine, based on shared values and common interests, is a vital factor
enhancing peace, stability and prosperity in Europe. The freedom, inde-
pendence and stability of Ukraine rank among the greatestachievements in the new Europe rid of old dividing lines. Geographyas well as size, the resources of its population as well as its locationalong the North-South and East-West axes give Ukraine a unique posi-
tion in Europe and makes it a determinant regional actor.
2. Ukraine enjoys today excellent relations withall its neigh bours
and has taken important steps in nation-building and towards consoli-dating its democracy. The fact that Ukraine has since independencebeen a source of regional stability, despite its domestic difficulties and
diversities, is a laudable achievement. The EU welcomes the close
involvement of Ukraine in the stabilisation of its region and encouragesthe strengthening of Ukraine's role in regional cooperation fora. TheEU also welcomes Ukraine's commitment to nuclear disarmament aswell as its cooperation in the maintenance of European and interna-tional peace and security, namely through the Organisation for
Security and Cooperation in Europe (OSCE) and the United Nations.
3. The strategic partnership between the EU and Ukraine has been
continuously reinforced since the independence of Ukraine. In thiscontext, the Partnership and Cooperation Agreement is a significantachievement. Ukraine was the first of the Newly Independent States to
sign such an agreement, thus marking the EU's and Ukraine's wish to
strengthen cooperation. Through macro-financial assistance, the Tacis-programme, as well as through bilateral programmes, valuable supportis provided by the EU to help Ukraine in her transition and reformprocess.
4. Following the current enlargement process, some future EU
Member States will share an external border with Ukraine. The enlar-gement of the Union will further enhance economic dynamism andpolitical stability in the region, thus increasing the possibilities forcooperation withUkraine.
5. The European Union has the following strategic goals with regard
to Ukraine:
— to contribute to the emergence of a stable, open and pluralistic
democracy in Ukraine, governed by the rule of law and underpin-
ning a stable functioning market economy which will benefit allthe people of Ukraine;
— to cooperate withUkraine in th e maintenance of stability and
security in Europe and the wider world, and in finding effectiveresponses to common challenges facing the continent;1999E0877 — EN — 20.12.2003 — 001.001 — 2
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— to increase economic, political and cultural cooperation with
Ukraine as well as cooperation in the field of justice and homeaffairs.
6. The EU acknowledges Ukraine's European aspirations and
welcomes Ukraine's pro-European choice. The EU remains firmlycommitted to working withUkraine at national, regional and locallevels, in order to support a successful political and economic transfor-mation in Ukraine, which will facilitate Ukraine's further
rapprochement with the EU. The EU and its Member States offer to
share with Ukraine their various experiences in building modern poli-tical, economic, social and administrative structures, fully recognisingthat the main responsibility for Ukraine's future lies with Ukraine itself.
7. The European Council therefore adopts this Common Strategy to
strengthen the strategic partnership between the EU and Ukraine. The
European Council recognises that a successful, stable and secureUkraine is in the best of interests of the EU. The legal basis of the rela-tionship between the EU and Ukraine is the Partnership andCooperation Agreement (PCA). The full implementation of this agree-ment is a prerequisite for Ukraine's succesful integration into the
European economy and will also help Ukraine assert its European iden-
tity.
8. The EU and its Member States will develop the coordination,
coherence and complementarity of all aspects of their policy towardsUkraine. The Union, the Community and its Member States will also
work together with and within regional and international organisations
as well as withlike-minded partners to meet th e objectives set out inthe PCA and this Common Strategy. The positions taken by theCommunity and its Member States in all relevant fora will conform tothis Common Strategy. The European Council invites Ukraine to workwith the EU on the basis of this Common Strategy to the benefit of
both.
PART II
PRINCIPALOBJECTIVES
The European Council has identified the following principal objectives:
I. Support for the democratic and economic transition process in
Ukraine
II. Ensuring stability and security and meeting common challenges on
the European continent
III. Support for strengthened cooperation between the EU and Ukraine
within the context of EU enlargement
I.Support for the democratic and economic transition process in
Ukraine
The EU and Ukraine have a common interest in accelerating the demo-
cratic and economic transition process in Ukraine. The successfultransformation in Ukraine will bring prosperity not only to Ukrainebut to the entire region. In order for this transition process to be
successful, reforms must take place to consolidate democracy and the
rule of law as well as economic and social reform in view of estab-lishing a functioning market economy.
The EU proposes to strengthen cooperation with Ukraine in the
following priority areas:
I(i)The consolidation of democracy, the rule of law and public institu-
tions in Ukraine
9. The EU welcomes Ukraine's achievements in laying the founda-
tions of a democratic system namely in establishing a multipartysystem and adopting a parliamentary constitution. The EU acknowl-edges Ukraine's achievements in maintaining its unity despite thecountry's diverse make up.1999E0877 — EN — 20.12.2003 — 001.001 — 3
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10. The EU supports Ukraine in all its efforts aiming at the consoli-
dation of democracy and good governance, human rights and the ruleof law. The Union considers that the rule of law is a prerequisite for
the development of a functioning market economy which offers oppor-
tunities and benefits to all the citizens of Ukraine. The EU supportsUkraine's efforts to reform the legal system in the framework of thePCA. A properly functioning independent judiciary, a professionalpolice force, the development of a meritocratic, well-trained public
administration at national, regional and local levels are all key elements
in the effective implementation of government decisions. The EUencourages Ukraine's efforts to develop the efficiency, transparencyand democratic character of its public institutions, including the devel-opment of free media. These are prerequisites for economic and socialdevelopment and contribute to the building of a modern civil society.
11. The EU attaches importance to the development of civil society
and a competitive, investor friendly business environment in Ukraineand encourages closer links between the peoples and non governmentalorganisations of the Union and Ukraine. The EU welcomes Ukraine'sagreement of a Memorandum of Understanding withth e OSCE and
strongly recommends Ukraine to work in close cooperation withth e
OSCE project-coordinator in Ukraine. The EU supports Ukraine'sefforts aiming at the protection and promotion of rights of minoritiesand calls upon Ukraine to continue its good work in this domain,including in cooperation withth e HighCommissioner for National
Minorities.
12. The EU attaches particular importance to close cooperation with
Ukraine in the framework of the Council of Europe and the OSCE. Inthis context, the EU urges Ukraine to fulfill its commitments and toadapt its legislation to meet the norms and standards of the Council ofEurope, in particular the obligations to which Ukraine signed up on its
accession to the Council of Europe in 1995. The EU takes note of the
findings of the OSCE/Office for Democratic Institutions and HumanRights (ODIHR) election monitoring mission on the conduct of the1999 presidential elections in Ukraine, to the effect that the conductof these elections failed to meet a number of OSCE commitments and
calls on Ukraine to heed the recommendations made by the OSCE
monitoring mission in its report witha view to future elections.
I(ii)Support for the economic transition process in Ukraine
13. The EU is committed to supporting Ukraine's efforts in estab-
lishing an environment that is conducive to economic activity and willsupport Ukraine in its economic and social reforms.
14. The EU encourages Ukraine to establish macro-economic poli-
cies aiming at price stability, sound public finances and a sustainablecurrent account position. In order to proceed further to price stabilityit is important that the central bank is allowed to operate independentlyof political interference. Existing prudential regulations for financialsector supervision need to be strengthened. Tax collection must be
improved, and ad hoctax amnesties and tax exemptions for specific
sectors of the economy should be avoided.
15. The EU strongly encourages Ukraine to intensify its efforts to
build a functioning market economy through greater structural,economic and administrative reforms in the context of a comprehensive
reform programme agreed with the International Monetary Fund. This
should include establishing and enforcing clear property rights, furtherprivatisation, further liberalisation of prices, the raising of communaltariffs for energy, water and rents to full cost recovery levels, restruc-turing of business, and encouraging the growth of small and medium
size enterprises. The overall pace of these reforms needs to be acceler-
ated. As far as sectoral reform is concerned, the agriculture, energy andtransport sectors deserve particular attention.
16. The introduction of a land reform process is required to facili-
tate,inter alia the long term lease of land as collateral for loans,
paving the way for more investment in the agriculture sector.1999E0877 — EN — 20.12.2003 — 001.001 — 4
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17. Attracting and protecting domestic and foreign investment also
plays a key role in Ukraine's development. In this context, the EUnotes that allegations of corruption and poor governance are damaging
to Ukraine's economic reputation. The Union will support Ukraine in
developing and adopting the economic policies needed to increasedomestic and foreign investment and to meet the requirements of inter-national lenders.
18. In view of Ukraine's heavy debt service obligations, Ukraine's
economic recovery will require the continued involvement of privatecreditors. Collaborative solutions to Ukraine's debt service problems
must be found.
19. The EU is fully aware of the fact that Ukraine's economic
reforms sometimes have to be pursued in a difficult external environ-
ment. EU macro-financial assistance would be pursued as appropriate,
in accordance withestablish ed criteria and procedures, aiming atsupporting macro-economic stabilisation and comprehensive structuralreform, consistent withprogrammes of th e International MonetaryFund and the World Bank. The EU will continue to stand ready to
support economic reforms in Ukraine in those circumstances. EU
macro-financial assistance helps Ukraine to open up its economy,improve economic adjustment, enhance competition, and further inte-grate the Ukrainian economy into the European and global economy.
20. The EU will support Ukraine through the promotion of progres-
sive approximation of legislation towards that of the EU, especially insuchareas as competition policy, standards and certification, intellec-tual property rights, data protection, customs procedures and
environment.
21. In implementing a programme that establishes a functioning
market economy, a well targeted social security system must be put in
place, so that the social aspects of the transition to a market economy
are taken into account.
II.Ensuringstabilityandsecutiryandmeeting commonchallenges
ontheEuropeancontinent
The EU and Ukraine have a common interest in the maintenance of
stability and security in a free and democratic Europe. The geopolitical
situation of Ukraine, situated along the North-South and East-West
axes gives Ukraine a unique position in Europe. The EU recognisesUkraine's regional importance. In this context, the EU proposes tostrengthen cooperation with Ukraine paying particular attention tonuclear safety and to the strengthening of political dialogue, as
provided for in the framework of the PCA, with a view of making it
more coherent and operational.
The EU wishes to deepen cooperation with Ukraine in order to find
effective responses to common challenges facing the continent on the
following issues:
II(i)Cooperation to strengthen stability and security in Europe
22. The EU supports Ukraine's efforts to promote cooperation and
stability in its region, including in the context of the Black Sea
Economic Cooperation Organisation, the Council of Baltic Sea States
and Georgia, Ukraine, Uzbekistan, Azerbaijan and Moldovo. The EUwelcomes the positive development of Ukraine's relationship with allits neighbours and believes it has an interest in those relationshipsremaining strong and stable. The EU also notes Ukraine's contributionto European stability through its role as an observer to the Stability
Pact for South-East Europe.
23. The EU and Ukraine share a common interest in the mainte-
nance of stability and security in a free and democratic Europe.
Strengthened mechanisms for consultations between the EU andUkraine in the framework of the PCA, Council of Europe and UnitedNations, and strong cooperation between the OSCE and Ukraine, areneeded to respond jointly and effectively to European and globalsecurity challenges.1999E0877 — EN — 20.12.2003 — 001.001 — 5
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24. The EU congratulates Ukraine on its election to the United
Nations Security Council (2000-2002). This fact reinforces the needfor the EU further to deepen and broaden its political dialogue with
Ukraine at official and ministerial level, bilaterally and through EU
mechanisms. The adoption of the European Security Charter willenhance the cooperation between the Member States of the OSCE.
25. The EU promotes and supports the dialogue on general and
specific issues relating to crisis management and security building asdeveloped over the past years between the Western European Union
and Ukraine as well as the intensification of practical cooperation in
this field, in particular through the implementation of the action planrecently drawn up between the Western European Union and Ukraine.
26. The EU is also interested in strengthening cooperation with
Ukraine in the field of export controls and non-proliferation ofweapons of mass destruction and their delivery vehicles, andencourages Ukraine to fulfill its obligations under the Chemical
Weapons Convention.
27. Moreover, the EU encourages Ukraine to achieve the goals of
the Convention on the Prohibition of the Use, Stockpiling, Productionand Transfer of Anti-Personnel Mines and on their Destruction. TheEU also encourages Ukraine to develop a strategy to combat the desta-bilising accumulation and the spread of small arms and light weapons.
II(ii)Cooperation in the field of environment, energy and nuclear
safety
28. The EU will seek to enhance European stability and work with
Ukraine in the fields of energy and nuclear safety, by supporting a
comprehensive energy sector reform, inter alia , by continued coopera-
tion with Ukraine on the implementation of the financial Recovery Planfor the energy sector, including price liberalisation, improved cashcollection and privatisation of distribution companies. In this context,the EU will promote the efficient and environmentally responsible use
of energy in Ukraine and the strengthening of new energy institutions
and authorities and their policy-making capacity.
29. Nuclear safety and the decommissioning of the Chernobyl
Nuclear Power Plant are a priority in EU-Ukraine relations. The EUencourages the development of an independent nuclear regulatoryauthority in Ukraine and urges Ukraine to stand by its commitment toimplement the G7/Ukraine Memorandum of Understanding of 1995 on
the closure of Chernobyl. In return, the EU will support Ukraine in
financing replacement energy generating capacity in Ukraine.
30. The EU is also interested in enhancing cooperation with Ukraine
on suchissues as radiation protection, waste management, decontami-nation and dismantling of nuclear installations, and studies in the fieldof fusion technology. The recently signed cooperation agreements in
the fields of nuclear safety and thermonuclear fusion between Euratom
and Ukraine will facilitate this cooperation.
31. Moreover, the EU encourages Ukraine to take resolute measures
in the field of environmental protection. The protection of public healthagainst pollution of drinking water, air and soil, and the sustainable andresponsible use of natural resources as well as the limitation of trans-boundary pollution of air and water are priorities in this area.
III.Support for strengthened cooperation between the EU and
UkrainewithinthecontextofEUenlargement
Following the current enlargement process, some future EU Member
States will share an external border with Ukraine. The EU wishes to
contribute to the mutual benefit of the Union and Ukraine in thisprocess. In this context, the EU proposes strengthened cooperationwithUkraine, paying particular attention to cooperation in th e field ofjustice and home affairs. The EU also encourages Ukraine's participa-tion in regional, European and world structures.1999E0877 — EN — 20.12.2003 — 001.001 — 6
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The EU could strengthen cooperation with Ukraine in the following
fields:
III(i)Support for Ukraine's integration into European and world
economy
32. The Union supports Ukraine and urges it to redouble its efforts
to meet the requirements of World Trade Organisation membership.
The Union encourages Ukraine to take full advantage of the possibili-
ties offered by the PCA to facilitate two-way trade and investment. TheUnion will also examine the circumstances which might, in addition tothe World Trade Organisation (WTO) accession, allow for the futureestablishment of an EU-Ukraine Free Trade Area, as foreseen in thePCA.
33. In order to facilitate a favourable investment climate in Ukraine,
the EU encourages Ukraine to negotiate and ratify further bilateralinvestment protection agreements withEU Member States so as tostimulate foreign direct investment. The EU also encourages local,
regional and national Ukrainian authorities to avail themselves of the
opportunities of the new law on public concession to attract investmentin public infrastructure and services.
III(ii)Cooperation in the field of justice and home affairs
34. The EU and Ukraine have a common interest in developing
cooperation to combat illegal immigration and trafficking in humanbeings. The EU and Ukraine also have a common interest in devel-oping their cooperation in the area of border security and the fightagainst the common scourges of organised crime, including moneylaundering and illegal trafficking in weapons and drugs.
35. In view of the current EU enlargement process, the EU will seek
to intensify dialogue withUkraine on th e adjustment of Ukraine's visapolicy with the EU through the introduction of visa requirements inaccordance withEC provisions and introduction of travel documents
which are sufficiently non-forgeable.
III(iii)Regional and cross-border cooperation with neighbouring
countries
36. The EU encourages the development and strengthening of
regional and cross-border cooperation initiatives involving Ukraine
and its neighbouring countries. In this context, the EU will putincreased emphasis on border management issues.
37. As to the development of infrastructure networks, especially in
the fields of transport, telecommunications, electricity and energy-pipe-
lines, the EU, through Tacis, pays particular attention to regionalinitiatives, suchas Inogate (Interstate Oil and Gas Transport to Europe)and Traceca (Transport Corridor Europe Caucasus Central Asia), withthe aim of improving economic cooperation in the region. The EU willexplore the scope for working towards linking the Ukrainian transpor-
tation systems (road and rail) withth e Trans-European networks. and
will seek mutually satisfactory ways to address transport issues. In sodoing so, special care will be taken to reinforce coordination withoth erdonors and withinternational financial institutions, as well as to stimu-late the involvement of the private sector, which will be crucial to the
success of this endeavour.
INSTRUMENTSANDMEANS
General provisions
38. This Common Strategy shall be implemented in accordance with
the applicable procedures of the Treaties. The Council and theCommission shall in accordance with Articles 3 and 13 of the Treatyon European Union ensure the unity, consistency and effectiveness ofthe Union's actions in implementing this Common Strategy.1999E0877 — EN — 20.12.2003 — 001.001 — 7
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39. The EU will contribute to the cited objectives of this Common
Strategy by making appropriate use of all relevant instruments andmeans available to the Union, the Community and to the Member
States.
40. In accordance withArticles 18 and 26 of th e Treaty on
European Union, the Secretary-General of the Council, High Represen-tative for the Common Foreign and Security Policy (CFSP), in theframework of his obligations under the Treaties, shall assist the Counciland the Presidency in implementing this Common Strategy with regard
to those objectives and initiatives falling under the CFSP. The
Commission shall be fully associated in accordance with Articles 18and 27 of the Treaty on European Union.
TheCouncil,theCommissionandMemberStates
41. The Council, the Commission and Member States shall:
— review, according to their powers and capacities, existing actions,
programmes, instruments, and policies to ensure their consistency
with this Common Strategy, based on the principle objectives inPart II and taking due account of the specific initiatives in Part III;
— make full and appropriate use of existing instruments and means, in
particular the PCA, as well as all relevant EU and Member Statesprogrammes, and to develop and maintain to this end an indicativeinventory of the resources of the Union, the Community andMember States through which the Common Strategy will be imple-
mented.
Coordination
42. Member States shall make additional efforts to coordinate their
actionsvis-à-vis Ukraine, including in regional and international orga-
nisations such as the Council of Europe, the UN, the OSCE, the DECDand the International Financial Institutions (IFIs), and including coordi-nation with the Community where it has competencies.
43. Coordination between the Member States and the Commission
shall also be consolidated, including through regular consultations
between their respective representatives in Ukraine.
44. The Council, the Commission and Member States shall work
towards more effective cooperation withregional and internationalorganisations, and will seek with other like-minded countries to achievethe objectives of the Strategy.
45. The European Union will invite the candidate countries in the
accession process launched in the Luxembourg European Council in
December 1997 to associate themselves within the framework of this
Common Strategy.
Implementationandreview
46. The Council shall:
— ensure that each incoming Presidency presents to the Council, in
the framework of its general programme, a work plan for the imple-mentation of this Common Strategy, based on the principle
objectives in Part II and taking due account of the specific initia-
tives in Part III,
— review and evaluate the EU's action under this Strategy and report
to the European Council on progress towards its objectives not lessthan annually,
— review the situation in Ukraine and the state of Ukraine's coopera-
tion in the implementation of this Strategy, including throughperiodic reports by the Heads of Mission, and make an assessmentin its report to the European Council,
— where necessary, submit recommendations for amendments to Part
II and III of this Strategy to the European Council.
47. The Commission will contribute to the above within its powers.1999E0877 — EN — 20.12.2003 — 001.001 — 8
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CooperationwithUkraine
48. 48. The EU and its Member States will work closely together
with Ukraine to implement this Common Strategy, in particular throughthe PCA and its institutions.
Specificinitiatives
49. The EU shall pursue the specific initiatives set out in Part III of
this Common Strategy which are based on the principal objectivesidentified in Part II. These initiatives shall be adapted when necessaryand do not preclude possible new initiatives during the duration of this
Common Strategy. The Council, the Commission and the Member
States shall, in accordance with their respective powers and capacities,support and work towards the achievement of these specific initiatives.
PART III
SPECIFICINITIATIVES
The following specific initiatives shall be pursued not precluding
possible new initiatives:
Theconsolidationofdemocracy, theruleoflawandpublicinstitu-
tionsinUkraine
50. The EU will undertake efforts to foster democracy, good govern-
ance, human rights and the rule of law in Ukraine, by:
— supporting Ukraine's efforts to observe its international democratic
and human rights obligations in accordance with the Dublin conclu-
sions, in particular with regard to the abolition of death penalty, thepromotion of good governance, and an effective and transparentlegal system as well as democratic local self government, interalia, in cooperation with the Council of Europe and the OSCE,
— establishing a regular dialogue between the ombudsman-institutions
of the EU Member States and Ukraine in order to strengthen therole of this institution in Ukraine,
— encouraging Ukraine to sign, ratify and implement the relevant
international instruments in the field of Human Rights, especiallythe second Optional Protocol of the United Nations Convention on
Civil and Political Rights and the sixth Additional Protocol of the
European Convention on Human Rights and Fundamental Freedomsas well as the United Nations Convention on the Status of Refu-gees,
— increasing cooperation among journalists and relevant authorities in
order to contribute to the development of free media. The Commis-sion in cooperation with the Member States will investigate thepossibility of assisting in the transmission of a programme, such asEuronews, on Ukrainian television. Work will begin by June 2000.
Supportoftheeconomic transitionprocessinUkraine
51. The EU will help Ukraine advance the process of economic
reform by enhancing the impact of economic policy advice, includingthrough appropriate high-level dialogue, in the framework of the PCA,
so as to promote the development of a modern, liberal market
economy.
52. The EU stands ready to provide technical assistance in support
of Ukraine's economic and social reform process provided that Ukrainetakes steps designed to establishth e necessary, conditions to makereform possible. The EU will examine the possibility of providing tech-nical assistance to Ukraine witha view of:
— supporting the development of a transparent and stable legal, regu-
lator and institutional framework in Ukraine designed to promoteincreased economic activity and domestic and foreign investment.The Commission in cooperation with ember States and othercompetent bodies will prepare a report withregard to th is initiativeby December 2000,1999E0877 — EN — 20.12.2003 — 001.001 — 9
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— promoting the progressive approximation of Ukrainian legislation to
that of the EU and its implementation, in particular in the areas ofcompetition policy, financial services, standards and certification,
fiscal policy as well as employment and intellectual property rights.
The Commission is invited to make adequate proposals to this endby June 2000,
— supporting the development of the health system, in particular
public health awareness and education with a view to restrictingthe spread of communicable diseases. The Commission in coopera-
tion with the Membe States and other competent bodies will
prepare a report withregard to th is initiative by June 2001.
53. The Member States will consider means to assist Ukraine in:
— supporting the development of a well-targeted social security
system, in particular addressing the social assistance and pensionsystems,
— supporting social dialogue and the adherence to and implementation
of the International Labour Organisation Labour Standards, in parti-cular the seven core Labour Standards. As far as ratification and
implementation of legislation in the employment field is concerned,
particular attention will be paid to gender equality.
CooperationtostrengthenstabilityandsecurityinEurope
54. The EU will consider ways to give more continuity, flexibility
and substance to the cooperation with Ukraine on stability and securityin Europe and to render it more operational and effective, within the
framework of the existing political dialogue, as instituted under the
PCA, by:
— exploring the possibilities of establishing regular expert level Troika
dialogue meetings withUkraine in th e margins of CFSP working
groups on disarmament, non-proliferation, export of conventionalarms with a view to organising the first meetings during the year2000/first semester 2000. The dialogue within these groups willaim to set up cooperation between the EU and Ukraine in the
following fields: non-proliferation of weapons of mass destruction,
including chemical weapons and small arms and light weapons onthe basis of the joint action on small arms (1999/34/CFSP),
— considering the possibility of intensifying the dialogue between the
EU and Ukraine to promote responsibility and transparency intransfers of conventional arms, making full use of the EU Code ofConduct where appropriate,
— exploring the possibilities for closer cooperation in conflict preven-
tion and crisis management, inter alia , in the framework of relevant
international organisations, such as the United Nations and theOSCE, and in seeking a political settlement to conflicts in theregion. Periodic meetings between Ukraine and the Troika of theOSCE Working Group would help achieve this. One of the aims
would be to work withUkraine to develop joint foreign policy
initiatives in the area of conflict prevention and crisis managementwithregard to specific th ird countries and regions, especially inareas adjacent to Ukraine.
55. The EU will, as soon as the year 2000, take up the following
specific initiatives concerning the strengthening of security and stabi-
lity in Europe:
— consider facilitating the participation of Ukraine when the EU
avails itself of the Western European Union for missions within
the range of the Petersberg tasks,
— consider means to assist Ukraine in fulfilling the obligations of the
Convention on the Prohibition of the Use, Stockpiling, Productionand Transfer of Anti-Personnel Mines and on their Destruction,
— consider means to initiate cooperation between the EU and Ukraine
on prevention of trafficking of small arms, which is a source ofinstability for Ukraine and other States of the region. The EU could1999E0877 — EN — 20.12.2003 — 001.001 — 10
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after identification and analysis of the situation and needs in the
region, draw up a Joint Action on this subject with a view to:
1. reinforce control capacities of police and/or local custom
services;
2. tackle this specific type of criminality in training courses;
3. develop exchange of information between the EU and Europol
Member States in order to improve the analysis on criminalactivity concerning small arms.
Cooperationinthefieldofenvironment,energyandnuclearsafety
56. The Community stands ready to support the efforts of the special
Task Force established to support the Ukrainian authorities in their
effort to reform the energy sector.
57. The Community support to the G7 Action Plan includes a contri-
bution to financing the short term safety improvements of Chernobylvia the Nuclear Safety Account managed by the European Bank forReconstruction and Development before closure, decommissioning,addressing the social consequences of closure, contributing to theShelter Implementation Plan and participating in the financing of
substitution facilities in line withprevious commitments compensating
for Ukraine's energy losses, provided that all necessary due diligenceprocedures can be concluded satisfactorily, including the establishmentof an agreed position regarding the loan conditionality and the wordingof the loan and guarantee agreement and provided that Ukraine stands
by its commitment to implement the 1995 Memorandum of Under-
standing.
58. The EU will seek to support Ukraine in its effort to reduce the
negative impact on public health of the environmental situation inUkraine — notably as regards the quality of drinking water, wastewater treatment, waste collection and disposal as well as air pollution.The EU will support institutional reform in the public utilities respon-
sible for environmental services, other technical assistance projects and
environmental investments.
59. The next ‘Environment for Europe’ conference will be held in
September 2002 in Kyiv and will provide the opportunity to increaseawareness in Ukraine of environmental issues. Member States and theCommission will consider the possibility of offering technical assis-tance/support to the Ministry of Environmental Protection and Nuclear
Safety with the preparation and planning of the conference.
Support for Ukraine's integration into European and world
economy
60. The EU remains ready to maintain and, if appropriate, to
enhance its support for Ukraine's efforts to meet the requirements of
WTO accession. Special attention will be given to removing obstaclesto trade and investment in Ukraine, starting withth e elimination oftrade measures incompatible withPCA and WTO.
61. The EU will examine the circumstances which might, in addi-
tion to WTO accession, allow for the future establishment of an EU-
Ukraine Free Trade Area as provided for in Article 4 of the PCA. The
on-going joint economic feasibility study of the Free Trade Area willprovide important input to evaluate the situation.
62. The Commission will examine ways to deepen the investment
dialogue with Ukraine in the framework of the PCA Sub-Committeeon trade and investment and will report to the Council by June 2000.
Cooperationinthefieldofjusticeandhomeaffairs
63. In view of the EU's current enlargement process, also taking into
account Ukraine's position as an important transit country providing aconduit for the cross-border flow of a wide range of non-legal activ-ities, the EU and Ukraine have a particular interest in stepping up1999E0877 — EN — 20.12.2003 — 001.001 — 11
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cooperation in the field of justice and home affairs. The EU proposes
to concentrate its efforts witha view to:
— assessing the scale of illegal immigration via Ukraine. The Member
States in association with the Commission will produce a strengths/weaknesses/opportunities/threats (‘SWOT’) analysis of the existing
mechanisms to combat these problems by the end of 2000; where
weaknesses are identified, the EU will consider remedial action,
— improving cooperation regarding the readmission of own nationals,
persons without nationality and third country nationals, includingthe conclusion of a readmission agreement,
— supporting a full application of the Geneva Convention, including
the right to seek asylum and respect for the principles of non-refou-
lement,
— establishing a regular dialogue between the judicial authorities of
the Member States and Ukraine in civil and criminal matters,including by encouraging Ukraine to sign, ratify and implementkey conventions, suchas th e United Nations Convention on Trans-national Organised Crime,
— offering to provide practical help to Ukraine in implementing its
legislation on money laundering as soon as it is enacted,
— establishing cooperation between EU Member States' law enforce-
ment agencies, Europol and Ukrainian law enforcement authorities.
64. An informal network will be established in Kyiv consisting of
EU Member States Embassies, Commission and relevant international
organisation representatives in order to improve the exchange and
analysis of information in justice and home affairs. A dialogue, withinthe framework of the PCA, between the Member States, the Commis-sion, including the liaison officers in Kyiv and competent Ukrainianbodies will make it possible to analyse Ukraine's requirements in this
area more precisely. A report will be submitted to the Council by the
end of 2000.
Regionalandcross-bordercooperationwithneighbouringcountries
65. The EU will seek to encourage the development and strength-
ening of regional and cross-border cooperation initiatives involving
Ukraine and its neighbouring countries, by:
— making targeted use of existing cross-border cooperation, regional
and inter-State programmes. In this context, special attention will
be devoted to border management issues, including the technical
modernisation of border crossing points on Ukraine's borders withHungary, Poland, Romania and Slovakia,
— further developing Tacis programmes aimed at improving the devel-
opment of infrastructure networks, suchas Inogate and Traceca inorder to improve economic cooperation in the region.
Cooperation in the fields of culture, twinning and exchange
programmes
66. The EU will support the fostering of closer links between public
institutions, civil society and non governmental organisations of theUnion and Ukraine, by:
— promoting educational and scientific exchange programmes
between schools, universities and research institutes, also payingdue attention to the Science and Technology Centre in Ukraine,
— promoting twinning programmes between national, regional and
local administrations as well as professional associations, tradeunions, non-governmental organisations and the media.
The Commission and the Member States will coordinate their
programmes. The Commission will study the possibility of bringing
Community programmes into play for this purpose (Tacis, Tempus
and Democracy). The Member States' bilateral instruments will alsobe used.
On the basis of an inventory of existing instruments (to be drawn up by
the Commission in cooperation with the General Secretariat of the1999E0877 — EN — 20.12.2003 — 001.001 — 12
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Council) and an identification mission to Ukraine, the Commission will
report to the Council by June 2000 and will thereafter submit proposalsfor action as appropriate.
PART IV
Duration
67. This Common Strategy shall apply until 23 December 2004. It
may be prolonged, reviewed and, if necessary, adapted by the EuropeanCouncil on the recommendation of the Council.
Publication
68. This Common Strategy shall be published in the Official
Journal.1999E0877 — EN — 20.12.2003 — 001.001 — 13
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EuropeanCouncilDeclarationontheCommonStrategyonUkraine
The Council acts by qualified majority when adopting joint actions, common
positions or any other decisions within the scope of Title V of the Treaty on
European Union (Common Foreign and Security Policy), on the basis of the
Common Strategy.
Acts adopted outside the scope of Title V of the Treaty on European Union shall
continue to be adopted according to the appropriate decision-making procedures
provided by the relevant provisions of the Treaties, including the Treaty estab-
lishing the European Community and Title VI of the Treaty on European Union.1999E0877 — EN — 20.12.2003 — 001.001 — 14