European Parliament resolution on Ukraine
Date: 2004-12-02
Institutions: European Parliament
Subjects: Ukraine, democracy, electoral fraud, fundamental rights, invalidity of an election, presidential election, right to demonstrate, right to information, the EU's international role

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25.8.2005

Thursday 2 December 2004

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 16
Article 5, paragraph 3c (new)

3c.
The Commission shall forward its draft decision on the
additional technical specifications referred to in Article 2(1) to
the European Parliament which may, within a period of three
months, adopt a resolution opposing that draft decision.

Amendment 17
Article 5, paragraph 3d (new)

3d.
The Commission shall inform the European Parliament
of the action which it intends to take in response to the Euro-
pean Parliament's resolution and of its reasons for doing so.

Amendment 18
Article 5, paragraph 3e (new)

The confidentiality of the additional technical specifi-

3e.
cations referred to in Article 2(1) shall be guaranteed.

Amendment 19
Article 6, paragraph 2

The Member States shall apply this Regulation at the latest one
year following the adoption of the measures referred to in Arti-
cle 2. However, the validity of passports already issued shall not
be affected.

The application of this Regulation is contingent on the certifi-
cation by national data protection authorities that they have
adequate investigative powers and resources to enforce Direc-
tive 95/46/EC in relation to data collected thereunder. The
latest
Member States
18 months following the adoption of the measures referred to
in Article 2. However, the validity of passports already issued
shall not be affected.

shall apply this Regulation at

the

P6_TA(2004)0074

Situation in Ukraine

European Parliament resolution on Ukraine

The European Parliament,

— having regard to its previous resolutions on Ukraine,

— having regard, in particular, to its resolution on Ukraine adopted on 28 October 2004 (1),

— having regard to the Partnership and Cooperation Agreement between the European Communities and

their Member States, and Ukraine (2), which entered into force on 1 March 1998,

(1) Texts adopted, P6_TA(2004)0046.
(2) OJ L 49, 19.2.1998, p. 3.

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— having regard to European Council Common Strategy 1999/877/CFSP on Ukraine (1), adopted by the

European Council in Helsinki on 11 December 1999,

— having regard to the Final Statement and Recommendations of the EU-Ukraine Parliamentary Coop-

eration Committee of 16 and 17 February 2004,

— having regard to the Communication from the Commission of 12 May 2004 on the European Neigh-

bourhood 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 both rounds of the presidential election,

— having regard to the declaration by the Dutch Presidency on the second round of the presidential

elections in Ukraine,

— having regard to the recent address on Ukraine by the High Representative for the European Union's
Common Foreign and Security Policy (CFSP), Javier Solana, to its Committee on Foreign Affairs,

— having regard to the announcement on the final results of the presidential elections in Ukraine by the

Central Electoral Commission,

— having regard to the proceedings before the Supreme Court of Ukraine on the validity of the second

round of the presidential elections,

— having regard to the resolution adopted by the Ukrainian Parliament in its special session of 27 Nov-
ember 2004 on the second round of the presidential elections and the ensuing political crisis,

— 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.

C.

whereas Ukrainian society has proved its political maturity and adherence to common European
values,

whereas the conditions under which the presidential elections in Ukraine took place were regarded
beforehand as a serious test of the state of democracy in the country and of the authorities' adherence
to these shared values,

D. whereas international observers have concluded that the second round of the presidential elections in
Ukraine was marked by a multitude of serious irregularities and has fallen far short of international
standards for democratic elections,

E.

F.

whereas serious allegations have been made that massive fraud has taken place in the counting of
votes in favour of the incumbent Prime Minister, Viktor Yanukovich, and many indicators point to a
confirmation of these allegations,

whereas the Central Electoral Commission has refused to take up these allegations of fraud and has
declared Mr Yanukovich as the winner of these elections,

G. whereas the Ukrainian Supreme Court has suspended the publication of the decision taken by the
Central Electoral Commission and is at this moment investigating the validity of the presidential elec-
tions,

(1) 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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H. whereas the Parliament of Ukraine, many representatives of governments and international organi-
sations — including the EU Presidency and the Government of the United States — and many leading
national and international politicians have asked for the result of the second round of the elections to
be annulled and for a new round of voting to take place at short notice,

I.

J.

K.

L.

whereas the Russian Federation and in particular its President have made great efforts to influence the
result of the presidential elections in Ukraine and to secure the victory of one candidate, Mr Yanuko-
vich,

whereas hundreds of thousands of Ukrainian citizens have taken to the streets for more than a week
in a massive protest against the manipulation of the elections,

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

whereas the European Union and its Member States have acted promptly by sending mediators and
whereas this has prevented the crisis from deepening, bringing the two candidates together around a
table to negotiate and defuse tension,

Expresses its solidarity with the Ukrainian people, whose right freely to elect its president must be

1.
recognised and implemented, and not repressed;

2.
Strongly condemns the conditions under which the second round of the presidential elections in
Ukraine have taken place, as regards both the final stage of the election campaign and the irregularities
and apparent fraud during the counting of votes;

3.
Rejects the decision by the Central Electoral Commission under the chairmanship of Serhiy Kivalov to
declare Mr Yanukovich as the winner of the presidential elections without having fully considered the valid-
ity of the elections and the electoral process and therefore with apparent disregard for the wishes of the
people of Ukraine;

4.
Calls on the Ukrainian authorities to annul the second round of the presidential elections and reorga-
nise this second round before the end of this year with the participation of international observers, whilst
guaranteeing an open and transparent electoral process in accordance with international democratic stan-
dards during both the election campaign and the actual voting and counting of votes, and thoroughly
improving the election campaign conditions;

Calls on the Ukrainian government to refrain from exerting any pressure on the media, especially
5.
public media, so that the Ukrainian people receive objective and impartial information on the candidates
and the current political situation in the country;

Gives its full support to the efforts of the EU High Representative for CFSP, the Lithuanian and Polish
6.
Presidents, and the Speaker of the Russian State Duma to come to a peaceful political solution to the crisis
in Ukraine, and calls on all those concerned in Ukraine to cooperate in finding such a political solution;

Calls on the Council and the Commission to make it clear to the Ukrainian Government that in no
7.
way can the use of violence against peaceful, democratic protest be tolerated and that if this is not adhered
to the Partnership and Cooperation Agreement will immediately be suspended and sanctions applied;

Calls on all protestors to allow a normal functioning of the Ukraine state organs and to refrain from

8.
barricading the main buildings of these organs of the state;

Considers threats of separatism and the partition of Ukraine as unacceptable and expresses its com-

9.
mitment to the territorial integrity of Ukraine;

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10.
Rejects allegations, especially by the Russian President, that, by expressing their support for the
Ukrainian people's right to exercise their democratic rights, the European Union and the international com-
munity were encouraging violence; stresses at the same time that Russia carries a great responsibility for the
situation in Ukraine;

11.
Believes that relations with Ukraine depend on a democratic solution, and 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;

12.
Calls on the Commission, the Council and the Member States, in the anticipation of a satisfactory
outcome of the present situation, to speed up the adoption of the Action Plan for Ukraine, to engage in the
rapid implementation of this plan and to include new measures aimed at strengthening the role of civil
society;

13.
Instructs its President to forward this resolution to the Commission, the Council, the Parliament and
Government of Ukraine, the Parliamentary Assemblies of NATO and the OSCE, the Council of Europe, and
the Government and Parliament of the Russian Federation.

P6_TA(2004)0075

Financial Perspective

European Parliament resolution on the financial perspective with a view to the European Council
meeting in December 2004

The European Parliament,

— having regard to the communications from the European Commission (COM(2004)0101 and COM

(2004)0487),

— having regard to the EC Treaty, and in particular Article 272 thereof,

— having regard to the Interinstitutional Agreement of 6 May 1999, and in particular Article 26

thereof (1),

— having regard to the Treaty establishing a Constitution for Europe,

— having regard to its question for oral answer with debate O-0067/2004 (B6-0130/2004) to the Coun-

cil,

— having regard to Rule 108(5) of its Rules of Procedure,

A. whereas the current financial perspective will remain in force until the end of the year 2006,

B.

C.

whereas the current financial perspective is part of a global interinstitutional agreement which can
only be renewed in a context of mutual confidence between the institutions and on the basis of a
joint agreement between the two arms of the budgetary authority,

whereas Article 272 of the EC Treaty provides for the adoption of annual budgets even in the absence
of a financial perspective,

D. whereas it has set up a temporary committee with a mandate to define its political priorities for the

future financial perspective both in legislative and budgetary terms,

1.

2.

Confirms its objective of having a ‘multiannual financial framework for the period after 2006’;

Recalls that the EU Treaty does not lay down any legal obligation to adopt a financial perspective;

Recalls that an agreement between Parliament and the Council is necessary in order to have a financial

3.
perspective beyond 2006, as the two institutions are placed on an equal footing;

(1) OJ C 172, 18.6.1999, p. 1. Agreement as amended by Decision 2003/429/EC (OJ L 147, 14.6.2003, p. 25).