EU Action plan on justice and home affairs in Ukraine (Text approved by the Council on 10 December 2001)
Date: 2001-12-10
Institutions: Council of the European Union
Subjects: Ukraine, action programme, admission of aliens, area of freedom, security and justice, judicial cooperation in criminal matters in the EU, migration control, organised crime

29.3.2003

EN

Official Journal of the European Union

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(Acts adopted under Title VI of the Treaty on European Union)

EU ACTION PLAN ON JUSTICE AND HOME AFFAIRS IN UKRAINE

(Text approved by the Council on 10 December 2001)

(2003/C 77/01)

I. CHALLENGES AND STRATEGIC AIMS

1. Develop partnership and practical cooperation between the
its Member States and Ukraine in the

European Union,
field of justice and home affairs;

12. The priorities noted in the present plan are not to be
considered as an exhaustive list. As need arises other
JHA-activities can be inserted into the remit of
the
Scoreboard.

2. Develop with Ukraine the principles of rule of law, access
judiciary and good
to justice,
independence of
governance, on which the objective of
the European
Union to establish an Area of Freedom, Security and
Justice is based;

the

3. Establish an appropriate legislative framework for effective
cooperation in the field of justice and home affairs, in line
with international and EU standards and to work to ensure
the efficient
such
standards;

implementation and application of

II. FRAMEWORK

— The objective of the European Union to develop an area of
freedom, security and justice as specified in Title IV of the
Treaty establishing the European Community and Title VI
of the Treaty of the European Union, the Action Plan on
Organised Crime, approved by the European Council at
Amsterdam in June 1997 (in particular recommendation
4 thereof) as well as the Action Plan on Justice and
Home Affairs agreed by the meeting of
the European
Council in December 1998 in Vienna;

4. Increase awareness of human rights and rule of law and

promote transparency;

— the conclusions of
October 1999;

the Tampere European Council of

5. Ensure the ratification and full

the
international instruments of particular importance in the
field of combating illegal migration, organised crime and
corruption;

implementation of

6. Improve the management of migration issues and use
appropriate measures in the fields of border management,
readmission and visa, in order to avoid that the Ukraine
immigration and
territory is increasingly used for illegal
the
illegal migrants
transit of
European Union;

into the territory of

7. Combat cross-border organised crime in particular traf-
ficking in human beings, drugs, stolen vehicles, high
taxed goods and nuclear material, as well as money laun-
dering;

8. All relevant instruments of this plan should be used to

address the threat of international terrorism;

9. Improve the co-ordination of assistance programmes of
the Member States and the EU to reflect the priorities of
the cooperation:

10. Consider the enlargement process and its impact on the

region;

— the conclusions of

the report on external relations on
justice and home affairs issues endorsed by the European
Council at Feira in June 2000;

— the Common Strategy on Ukraine approved during the
session of the European Council in Helsinki in December
1999; the conclusions of the EU/Ukraine Summits as well
as the Cooperation Councils and in particular the Joint
Report January 2000 on Illegal Immigration and Trafficking
in Human Beings;

— the provisions of

the Partnership and Co-operation
Agreement
(PCA) between the European Union and its
Member States and Ukraine of 16 June 1994 that entered
into force in March 1998, whose structure should play a
key role in the development of the cooperation; reference
should also be made to the progress already achieved
within the framework for dialogue established under this
agreement;

— the EU Drugs Strategy 2000 — 2004, endorsed by the
European Council
in Helsinki, December 1999, and the
EU Action Plan on Drugs 2000 — 2004, endorsed by
the European Council in Feira, June 2000;

11. Neighbouring Candidate countries may be involved in
relevant aspects of this Action Plan, as considered appro-
priate;

— conclusions of European Council of 21 September 2001
and resolutions of Security Council of United Nations
1373/01 and 1267/01 of September 2001;

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— the work on Justice and Home Affairs by the relevant PCA

Subcommittee.

the State border service and the customs authorities for the
period up to 2005;

III. AREAS OF COOPERATION

1. Migration and asylum

— Approximation of Ukrainian legislation on asylum and
refugees to the EU norms and standards, implementation
of UN Convention relating to the status of refugees 1951
refugees,
and 1967 Protocol relating to the status of
for the
including the right
principal of non-refoulement. Approximation of
the
system of state authorities responsible for implementation
and realisation of legislation on asylum and refugees to the
EU norms and standards.

to seek asylum and respect

— pursuing a more vigorous integration policy aimed at
social and
life and developing measures against racism and

enhancing non-discrimination in economic,
cultural
xenophobia;

— support of Ukraine's efforts to reform the border guards
troops in order
to create a law enforcement agency,
working as the professional body responsible for border
management;

— support for an efficient border management by rendering
consultative, financial and expert assistance for the estab-
and
lishment of a State border
promotion of
to increase
through study of
professional
foreign experience and internship in relevant services of
EU countries dealing with modern immigration policy;

service of Ukraine

in particular,

its activities,

level of

relevant

staff

— intensify and facilitate present cross-border cooperation of
counties and third

Ukraine with the EU, Candidate
countries concerned;

— continuation of a dialogue on visa issues;

— rendering expert legal assistance to Ukraine authorities in
drafting or amending its current legislation on foreigners,
asylum, immigration and refugees;

— continue dialogue to prevent illegal

immigration into the

European Union and Ukraine;

rendering

— supporting the efficient management of migration flows,
and expert
consultative,
also by
assistance for establishment of State Migration Service of
Ukraine and promotion of its activities,
in particular, to
increase professional level of relevant staff through study
of foreign experience and internship in relevant services of
EU countries dealing with modern migration policy;

financial

— assessing the scale of

illegal migration via Ukraine and
monitoring of migratory movements and examination of
possible participation of Ukraine in a system of early
prevention of illegal migration;

— improving cooperation regarding the readmission of own
nationals, persons without nationality and third country
nationals, with a
readmission
agreement between Ukraine and the European Community.

view to conclude

a

2. Border management and visa

— Development of a system of efficient, comprehensive
border management
and border
(i.e. border
surveillance) on all Ukrainian borders and examination of
possible participation of
the State border service in a
system of early prevention of illegal migration;

control

— support

for Ukraine in implementation of

its Action
Programme aiming at the maintenance of a state border
regime and a border zone regime and the development of

— examination of the possibility to support Ukraine efforts to
issue secure travel documents in conformity with inter-
national standards and to detect false travel and identity
documents.

3. Organised crime

— Ratification and full

implementation of the international
instruments, which are of particular
in
combating organised crime and corruption, and the ratifi-
cation and full implementation of international instruments
for the protection of human rights;

importance

— the following Conventions are of particular importance:

— 1950 European Convention on human rights, ratified

by Ukraine 11 September 1997,

— 1977 European Convention on the Suppression of

Terrorism signed by Ukraine 8 June 2000,

— 1981 European Convention for the Protection of Indi-
viduals with Regard to Automatic Processing of
Personal Data,

— 1990 European Convention on Laundering, Search,
Seizure and Confiscation of the Proceeds from Crime,
signed by Ukraine 29 May 1997, entry into force 1 May
1998,

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— 1995 Agreement on Illicit Maritime Shipments that
implement Article 17 of UN Convention on Illicit
Traffic of narcotic Drugs and Psychotropic Substances,

conclusion of negotiations of a UN Comprehensive
Convention on fight against terrorism;

— 1988 UN Convention on Illicit Traffic of Narcotic Drugs

and Psychotropic Substances,

— cooperate further on eradicating the sources of

the

financing of terrorist activities, inter alia, by:

— 1999

European

Law Convention
Criminal
Corruption, signed by Ukraine 27 January 1999,

on

— promoting the implementation and enforcement of
the
the UN Convention for the Suppression of
Financing of Terrorism;

— 1999 European Civil Law Convention on Corruption,

signed by Ukraine 4 November 1999,

— 2000 UN Convention against Transnational Organised
Crime and the Additional Protocols supplementing the
UN Convention, signed by Ukraine 12 December 2000
(Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children; Protocol
against the Smuggling of Migrants by Land, Sea and
Air);

— support of Ukraine's efforts against money laundering, in
particular by the creation of an Financial Intelligence Unit
(FIU), which meets the standards of the Council of Europe
Convention, the 40 recommendations of the FATF as well
as the standard of those of the Egmont Group;

trafficking of

to Ukraine's
the

fight against drug trafficking,
— assistance
and
including
precursors, and against drug abuse in particular in the
field of prevention and rehabilitation, as well as trafficking
of, vehicles fire arms, nuclear material and smuggling of
high taxed goods;

chemicals

essential

— provision of assistance to Ukraine's efforts in combating
trafficking in human beings and smuggling of
illegal
migrants, as well as assistance to develop activities and
measures to prevent trafficking in human beings and to
reintegrate victims of this traffic.

3.1. Terrorism

— Develop EU-Ukraine

cooperation and where possible,
improve bilateral cooperation on the fight and prevention
of terrorism. Specific issues to be addressed include:

fight against

— cooperate to reinforce the role of the UN in the multi-
lateral
terrorism; ensure the implemen-
tation of UNSCR 1373/01 of 28 September 2001 on
to promote the adherence and full
anti-terrorism;
implementation
international
relevant
conventions, as well as to endeavours for an early

all

of

— taking the necessary measures for freezing assets of
persons identified by the Sanctions Committee set
up under Resolution 1267/01 of
the Security
Council;

— encouraging progress of ongoing work of FATF, as
well as the OECD work on third country offshore-
centres;

— promoting cooperation with third countries on fight

terrorism along the lines mentioned above.

3.2. Judicial cooperation

— Adoption of appropriate legislation and measures for the
development of arrangements under which judicial coop-
eration can be offered and obtained from other States;

— ratification and full

implementation of
instruments which are of particular
enhanced judicial cooperation, e.g.:

the international
for
importance

— 1959 European Convention on Mutual Assistance in
criminal Matters and 1978 Additional Protocol ratified
by Ukraine 16 January 1998,

— 1957 European Convention on Extradition, 1975 and
ratified by Ukraine 16

1978 Additional Protocols
January 1998, entry into force 9 June 1998;

cooperation,

— establishment of a network of contact points for a rapid
legal assistance and
exchange of information on mutual
judicial
coordination of proceedings
related to cross border offences, the facilitation of collection
of evidence, the provision of specialised assistance. Central
contact points will be identified by Ukraine. Links will be
established by the Ukrainian judicial authorities with their
counterparts in the MS;

the

— elaboration of a manual on judicial cooperation between
EU MS and Ukraine and a statement of good practice in
relation to such cooperation;

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— ensure protection of persons,

for example by witness
protection schemes, who cooperate with the
judicial
process in order to encourage persons to break away
from criminal organisations.

3.3. Law enforcement cooperation

— Exchange

of

and

technical,

operational

strategic
information between EU MS and Ukraine law enforcement
agencies in accordance with their relevant provisions in the
field of organised crime, taking into account the need to
ensure that legislative and other measures are put in place
so that appropriate confidentiality and data protection
requirements are satisfied as to exchange of data;

— identification of national Ukrainian authorities at oper-
ational
to exchange
information with EU Member States' law enforcement au-
thorities;

(contact points)

in order

level

4. Strengthening the judiciary, rule of

law and good

governance

— Support for Ukraine efforts to establish on a constitutional
independent and competent judiciary,
to

basis an impartial,
equipped with the necessary procedural guarantees
fulfil its role;

— training of Ukrainian judges with special focus on human
rights, personal data protection, civil law, the organisation
and administration of justice and international law;

— support for Ukraine's reform of its general and adminis-
trative courts and its penitentiary system,
in accordance
with the Constitution of Ukraine and new legislation of
Ukraine on judicial organisation;

— establishment of national Ukraine databases of significant
judicial decisions concerning criminal cases and legal
proceedings;

— arrangements to establish direct cooperation among law
including the
investigative teams in relation to

enforcement and prosecution authorities,
establishment of
joint
specific crimes;

— fight against and prevention of corruption by reduction of
factors that stimulate or facilitate corruption in Ukraine;

— make necessary national arrangements for more systematic
intelligence and
co-operation between police, customs,
security services, with a view to prevent and suppress
criminal activities having ramifications on the territories
of the other party;

— increased use of exchange of liaison officers;

— development of comparable methods of risk analysis to
guide law enforcement and crime preventive actions;

— exchange of

suspicious

information about

transactions
reports may, in appropriate cases, take place between the
corresponding
FIUs of EU Member States
competent Ukraine authority,
the
need to ensure that legislative and other measures are put
in place so that appropriate confidentiality and data
protection requirements
satisfied in relation to
are
information provided to the Ukrainian authorities;

and the
taking into account

— increase training to promote knowledge and skills of

Ukrainian law enforcement staff to EU standards;

— promotion of principles of good governance notably

through:

— amendment of

the legislative framework to make it
in line with

more efficient, updated and adequate,
European standards,

— strengthening of

institutions,

improvement of

inter-

agency coordination and data sharing,

— reforms of the public service with emphasis on compre-

hensive, updated and adequate approaches,

— transparency and accountability of decisions and admin-
istration. Access to legislation and decisions of higher
courts,

— Coordinated fight, including punitive measures, against

corruption related activities and enterprises,

— promotion of partnership with civil society to ensure
the effectiveness of measures taken against corruption,

— as provided for in the EU common strategy on Ukraine,
cooperation between Europol and the competent Ukrainian
agencies will be developed in accordance with the Europol
Convention and the relevant Council decisions.

— Establishment of an ombudsman, or independent insti-
tution, against mismanagement and corruption of
public administration.

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IV. IMPLEMENTATION (INSTRUMENTS AND MEANS)

1. A scoreboard will be set up in consultation with Ukrainian
implementation, monitoring,

authorities as a tool
evaluation and definition of annual priorities;

for

2. Monitoring and evaluation of the implementation of the
Action Plan, as
reflected in the scoreboard shall be
entrusted to the relevant PCA Subcommittee. The Subcom-
mittee will meet at least once a year, and if necessary on an
ad hoc basis to discuss specific issues. Annual priorities will
be agreed at aforementioned meetings;

information,

meetings should take place from time to time. In addition to
exchange relevant
the JHA-attachés should
have the opportunity to consider the implementation of
the Action Plan and to put
for
strengthening the process. Consideration should also be
given to further deployment of Ukrainian liaison officers
in EU Member States;

forward proposals

5. Involve of parliament, the mass media and the public in
in order to increase awareness among political

general
leaders (parliament, government) and citizens;

3. Not later than the end of 2005, the EU Council should
review the operation of this Action Plan and may decide
to carry out further reviews in relation to this matter;

6. Ensure that

the standards established by international
conventions are being observed with an emphasis on
implementation;

4. Representations of the European Commission and the EU
liaison officers,
in Kyiv (JHA-attachés,
Member States
consular staff) should meet regularly to discuss matters
contained in this Action Plan. As the representatives of
the Ukrainian Mission to the EU in Brussels have an
important role in implementation of the Action Plan, joint

7. Appropriate participation of Ukraine in EU and Member

States programmes;

8. Use of
efforts.

the Tacis programme for supporting Ukrainian