WRITTEN QUESTION P-1669/02

by Luciana Sbarbati (ELDR) to the Commission

(5 June 2002)

Subject: Intercountry adoptions (Ukraine)

Given that following enlargement the EU will share a border with Ukraine, cooperation relations have been established with that country with a view to establishing a free trade area, as provided for in the PCA. The EU is also encouraging Ukraine to ratify bilateral agreements with the Member States and (inter alia on the basis of periodic reports by heads of mission) draws up assessments for the European Council at least once a year.

In the field of intercountry adoptions (a means of providing assistance to children in cases where a foster or adoptive family or appropriate other forms of assistance cannot be found for them in their countries of origin), Ukraine has not concluded bilateral agreements with many of the EU Member States, does not comply with the Hague Convention and, in general, takes a discretionary approach. This approach, which severely penalises European couples and favours couples from the USA, turns the whole adoption process into an uncontrollable commercial transaction.

Ukraine is nonetheless in receipt of Community funds and since 2001 the IOM has, in conjunction with the OSCE's ODIHR and the Ukrainian Ombudsman's Office, been conducting a project aimed a preventing trafficking in human beings, which has also been made a priority by Europol.

Given the above, would the Commission state:

- what guarantees it has sought from the Ukrainian Government to the effect that intercountry adoption procedures will be conducted in accordance with the Hague Convention?

- what political action it intends to take with a view to ensuring that adoption is placed on a proper legal footing and that an end is put to the discretionary approach currently taken to the selection of couples, which is based more on the size of the fee paid than on any proof of reliability and psychological aptitude?

- what statistics on adoption are currently in its possession?

Answer given by Mr Patten on behalf of the Commission

(5 July 2002)

Union-Ukraine relations are governed by the Partnership and Co-operation Agreement (PCA) which entered into force in 1998. The PCA provides for regular political dialogue, trade liberalisation and wide

ranging co-operation. The Commission has always stressed that in accordance with the PCA this dialogue and co-operation is based on the respect of democratic principles and human rights, and requires the Ukraine to ratify and adhere to the relevant international conventions, including those concerning the rights of the child.

The Commission is providing technical assistance to Ukraine in order both to address the structural and legislative reform needs as well as existing shortcomings in the areas of rule of law, judiciary and civil society. Substantial assistance has also been provided to projects aimed at tackling trafficking in women.

The Commission is not in possession of recent statistics on child adoption in Ukraine. Given the absence of Community competence in this area, nor would it be appropriate for the Commission to take the sort of specific political initiative you propose.

However, in its co-operation and regular dialogue with Ukraine, the Commission pays particular attention to issues related to the rule of law and basic rights.