Proposal for a Council Decision on the position to be adopted by the Communities and its Member States within the Cooperation Council established by the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Ukraine, of the other part, with regard to the adoption of a Recommendation on the implementation of the EU-Ukraine Association Agenda and of a Decision on the establishment of a Joint Committee.
Date: 2009-07-22
Institutions: European Commission
Subjects: European Union, European cooperation, Ukraine, association agreement (EU), free-trade area, joint committee (EU)

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APPENDIX 1 TO ANNEX 1 
EU-Ukraine Association Agenda to prepare and facilitate the implementation of the 
Association Agreement 

1. 

STRATEGIC PART 

EU-Ukraine Relations  

Since  1991  when  Ukraine  gained  independence,  the  European  Union  and  Ukraine  have 
developed  an  increasingly  dynamic  relationship.  The  impetus  for  this  arose  from  a  shared 
understanding  that  the  prosperity,  stability  and  security  of  both  the  European  Union  and 
Ukraine could be significantly enhanced by close partnership. 

In  subsequent  years,  the  ambitions  of  both  the  EU  and  Ukraine  have  grown  as  regards  this 
relationship. From initial political declarations and the provision by the EU of technical and 
financial  support,  the  relationship  has  transformed  into  a  partnership  involving  extensive 
collaboration  over  a  comprehensive  range  of  areas  of  activity  involving  a  wide  network  of 
governmental, business and civil society partners.  

In 1998 the European Union and Ukraine took a decisive step in up-grading the relationship 
by the adoption of a Partnership and Cooperation Agreement. Initially conceived for a 10-year 
period,  the  PCA  together  with  the  EU-Ukraine  Action  Plan,  have  provided  the  legal  and 
practical framework for EU-Ukraine relations subsequently.  

Events  in  2004  helped  to  accelerate  the  rapprochement  between  the  European  Union  and 
Ukraine. On the one hand the “Orange Revolution” demonstrated Ukraine’s determination to 
deepen the process of domestic democratic reform. On the other hand a further enlargement of 
the  European  Union  took  place  on  1  May  establishing  a  direct  border  between  the  EU  and 
Ukraine. Both of these developments created an opportunity for the EU and Ukraine to move 
beyond  cooperation 
integration  and  deepening  political 
association.  

towards  gradual  economic 

In March 2007 negotiations were launched on a new agreement to replace the Partnership and 
Cooperation  Agreement.  It  included,  following  Ukraine’s  accession  to  the  World  Trade 
Organisation  in  May  2008,  the  prospect  of  the  establishment  of  a  deep  and  comprehensive 
Free Trade Area with the EU.  

The annual EU-Ukraine Summit held on 9 September 2008 was an important occasion for the 
EU and Ukraine to take stock of their deepening relationship and look to the future. Meeting 
in Paris the leaders recognized that Ukraine as a European country shares a common history 
and  common  values  with  the  countries  of  the  European  Union.  The  EU  acknowledged 
Ukraine’s  European  aspirations  and  welcomed  its  European  choice.  As  regards  the  new 
Association Agreement – the leaders heralded progress made in negotiations. They noted that 
the  new  Association  Agreement  would  renew  the  EU-Ukraine  common  institutional 
framework,  facilitate  the  deepening  of  relations  in  all  areas  and  strengthen  political 
association and economic integration through reciprocal rights and obligations. Looking to the 
future they acknowledged that gradual convergence of Ukraine with the EU in the political, 
economic and legal areas would contribute to further progress in EU – Ukraine relations.  

The EU-Ukraine Association Agenda 

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Negotiations and ratification of the EU-Ukraine Association Agreement will take some more 
years before the full Agreement can enter into force. It is however expected that an Interim 
Agreement  covering  the  Community  aspects  of  the  Agreement  will  enter  into  force 
significantly  earlier.  In  the  meantime  action  is  needed  now  to  ensure  that  both  the  EU  and 
Ukraine  are  able  to  enjoy  the  full  benefits  of  first  the  Interim  Agreement  and  then  the  full 
Association Agreement as they are ratified. Consequently at the Paris EU-Ukraine Summit the 
leaders  called  for  the  development  of  a  new  practical  instrument  to  replace  the  EU-Ukraine 
Action Plan. 

This instrument, the Association Agenda will prepare for and facilitate the entry into force of 
the Association Agreement.  

The  new  Association  Agreement  and  the  Association  Agenda  will  promote  further  political 
association  with  and  economic  integration  of  Ukraine  into  the  EU  by  creating  a 
comprehensive  and  practical  framework  through  which  these  overriding  objectives  can  be 
realized.  

More  specifically  they  will  help  to  consolidate  democratic  reforms  notably  reform  of  the 
judiciary,  respect  for  the  rule  of  law  and  human  rights,  transparency  and  democratic 
accountability,  the  fight  against  corruption  as  well  as  increasing  citizens’  participation  in 
public decision-making in Ukraine.  

The  establishment  of  a  deep  and  comprehensive  Free  Trade  Area  between  the  EU  and 
Ukraine will lead to gradual and ever deeper integration of Ukraine with the internal market in 
parallel with the implementation of relevant elements of the acquis communautaire.  

The  Association  Agenda  has  been  shaped  by  common  principles  as  set  out  in  Section  II 
below.  It  does  not  seek  to  establish  a  comprehensive  menu  of  priorities  for  action  since 
ultimately  these  will  be  determined  by  the  Association  Agreement  itself  once  it  enters  into 
force.  The  Association  Agenda  clearly  identifies  those  priorities  on  a  sector  by  sector  basis 
which require urgent action in anticipation of the entry into force of the Agreement.  

2. 

PRINCIPLES  AND  INSTRUMENTS  FOR  THE  IMPLEMENTATION  OF  THE  ASSOCIATION 
AGENDA 

The  Association  Agenda  will  be  implemented  on  the  basis  of  a  number  of 

(i) 
common guiding principles: 

Respect  for  the  overall  goal  of  achieving  political  association  and  greater  economic 
integration of Ukraine to the European Union: recognising that actions undertaken through the 
Association Agenda should be implemented in the spirit of this overall objective; 

Respect for the specific goal of “facilitating and preparing for” the implementation of the EU-
Ukraine  Association  Agreement:  The  priorities  agreed  in  the  Association  Agenda  will 
complement the responsibilities of the EU and Ukraine to implement in full the provisions of 
the EU-Ukraine Association Agreement once it enters into force. The priorities set out in the 
Association  Agenda  may  be  amended  or  up-dated  (including  through  the  addition  of  new 
priorities)  at  any  time  as  necessary  by  agreement  between  the  EU  and  Ukraine  in  order  to 
achieve this specific goal. Once the interim agreement enters into force the EU and Ukraine 
will conduct a major review of relevant parts of the Association Agenda. 

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Respect for the principles of transparency, accountability and inclusiveness; 

Joint ownership and joint responsibility: recognising that the Association Agenda involves an 
engagement from both sides in implementation of the provisions of the Association Agenda;  

The  achievement  of  tangible  results  through  the  progressive  implementation  of  practical 
measures:  recognising  that  the  Association  Agenda  aims  to  achieve  tangible  and  defined 
results through the progressive implementation of a range of concrete and practical measures; 

Consistency  and  sufficiency  of  means:  recognising  the  importance  of  supporting  agreed 
priorities  through  appropriate  and  sufficient  political,  technical  and  financial  means.  Within 
the  overall  EU  financial  assistance  for  Ukraine,  resources  could  be  available  to  support  the 
actions identified in the Association Agenda;  

Phased  implementation:  recognising  that  the  priorities  and  activities  agreed  under  the 
Association Agenda will be implemented at different speeds and in a phased manner year on 
year;  

Common assessment: recognising that the implementation of the NPI will be subject to annual 
reporting, monitoring and assessment and that in this process the parties will aim to reach, so 
far as is possible, an overall common assessment of annual progress made (specific provisions 
related to monitoring mechanisms are set out in paragraph 9 below);  

Negotiations:  The  content  of  the  Association  Agenda  will  not  influence  in  any  way  the 
process of negotiations on the EU-Ukraine Association Agreement. However, negotiations on 
the  Association  Agreement  may  be  taken  into  account  during  the  annual  review  of  the 
Association Agenda. 

The fact that the Association Agenda focuses upon a limited number of priorities should not 
affect  the  scope  or  the  mandate  of  existing  dialogue  under  the  Partnership  and  Cooperation 
Agreement or other relevant Agreements. 

(ii) 

Implementing Instruments:  

The European Union will support Ukraine in implementing the objectives and priorities (set 
out below). Where appropriate it will do so through a variety of means including: exchanges 
of  technical  expertise  and  advice,  best  practices  and  know  how,  the  sharing  of  information, 
support  to  capacity-building  and  institutional  strengthening.  Where  relevant  it  may  also 
include  the  provision  of  advice  and  a  structured  process  of  approximation  to  EU  acquis 
communautaire. The Parties may also consider establishing sectoral dialogues as outlined in 
specific sectors below. In addition they may reflect in the Joint Committee of senior officials 
referred to in section 3.9 on setting up other dialogues by mutual consent in order to address a 
demonstrated  need  and  where  the  establishment  of  such  a  dialogue  would  bring  clear  value 
added  to  existing  formats.  As  appropriate,  the  European  Commission  will  also  encourage 
international,  governmental,  business  and  civil  society  partners  to  promote  these  objectives 
and  priorities  and,  where  relevant,  facilitate  them  in  these  tasks.  The  instruments  of  the 
Eastern  Partnership  will  also  be  available  to  help  in  the  implementation  of  the  Association 
Agenda. 

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3. 

OPERATIONAL PART 

3.1. 

Priorities for Action 

The  Joint  Committee  at  senior  officials  level  will  define  priorities  for  action  and  provide 
guidance for the implementation of the Association Agenda in line with the provisions set up 
in section 3.9 below. 

3.2. 

Political Dialogue 

3.2.1.  Democracy, rule of law, human rights and fundamental freedoms 

The Parties agree to maintain dialogue and to cooperate to strengthen respect for democratic 
principles,  the  rule  of  law  and  good  governance,  human  rights  and  fundamental  freedoms, 
including the rights of persons belonging to national minorities as enshrined in the core UN 
and  Council  of  Europe  Conventions  and  related  protocols.  Such  dialogue  and  cooperation 
shall cover the following areas: 

Strengthen  the  stability,  independence  and  effectiveness  of  institutions  guaranteeing 

(i.) 
democracy and the rule of law and in particular: 

•  promoting  an  inclusive  constitutional  reform  process  designed  to  further  develop  a 
constitutional  system  of  effective  checks  and  balances  between  state  institutions,  in  the 
light of the relevant recommendations of the Venice Commission;  

•  strengthening  of  the  functioning  of  local  and  regional  self-government,  including  by 
reference  to  relevant  standards  contained  in  the  European  Charter  on  Local  Self-
Government;  

•  work closely together in reforming and enhancing the capacity of the public administration 
system in Ukraine on the basis of an assessment by SIGMA, including an effective fight 
against corruption; 

•  ensuring  the  effectiveness  of  the  electoral  framework  and  environment  so  as  to  continue 
the  conduct  of  presidential  and  parliamentary  elections  in  accordance  with  international 
standards for democratic elections and the recommendations made by OSCE/ODIHR; 

•  helping  to  ensure  the  independence  and  effectiveness  of  the  Ombudsman.  The  Principles 
relating to the status of national institutions (the Paris Principles)1 will be relevant for this 
priority. 

Ensure the independence of the judiciary and the effectiveness of the courts and of the 

(ii.) 
prosecution as well as of law enforcement agencies, and in particular: 

•  continuing reform of the judiciary and of the court system so as to further strengthen the 
independence,  impartiality,  and  professionalism  of  the  judiciary  and  courts,  notably  by 
enhancing  the  training  of  judges,  court  officials  and  prosecutors  as  well  as  support  staff 
and law enforcement agencies staff; 

1 

Adopted by General Assembly resolution 48/134 of 20 December 1993 

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•  effective  implementation  and  enforcement  of  the  civil,  criminal  and  administrative  codes 

and their corresponding procedural codes, based on European standards. 

(iii.)  Ensure  respect  for  human  rights  and  fundamental  freedoms  by  comprehensive 
cooperation  on  the  protection  of  human  rights  and  fundamental  freedoms,  covering  both 
individual  cases  and  issues  concerning  international  law  instruments  on  human  rights.  This 
cooperation includes, inter alia: 

(a.) 

Promoting the implementation of international and regional human rights standards  

•  following  up  on  the  implementation  of  the  judgments  of  the  European  Court  of  Human 
Rights  and  promoting  the  evolving  jurisprudence  of  the  Court  as  a  major  source  of 
international human rights law, with the support of the EU; 

•  promoting human rights awareness among judges, prosecutors and other law enforcement 
agencies  by  common  measures  on  enhancing  trainings  of  judges,  prosecutors  and  law 
enforcement  officers  on  human  rights  issues  and  in  particular  on  combating  torture  and 
inhuman and degrading treatment; 

•  implementing  the  UN  Convention  on  the  Rights  of  Persons  with  Disabilities  and  its 

Optional Protocol. 

(b.) 

Freedom of Expression, Assembly and Association 

Expression: 

Promoting the legal and administrative framework necessary for the enjoyment of freedom of 
expression  with  a  particular  emphasis  upon  the  mass  media  and  the  rights  of  journalists, 
notably by: 

•  cooperating on the development of a system of public broadcasting, including by exchange 
of  best  practices,  the  adoption  of  a  legislative  framework  and  its  implementation  in 
accordance with European and international standards;  

•  cooperating to create the conditions necessary for journalists to work freely and shielded 
from  threats  or  actual  violence.  This  will  include  the  exchange  of  best  practices  on 
effective protection of journalists by law enforcement agencies. 

Assembly: 

Step up cooperation to further strengthen the awareness of law enforcement agencies and the 
courts  as  regards  respect  for  the  right  to  freedom  of  peaceful  assembly,  notably  by  the 
exchange of best practices, training and cooperation on implementing rules of legislation. 

Association: 

Promoting the involvement of citizens in decision-making processes in particular through the 
activities  of  civil  society  organizations,  notably  by  cooperation  on  legal  framework  and 
practice that facilitates the work of civil society organizations. 

(c.) 

Ensuring respect for the rights of persons belonging to minorities  

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•  exchanging  best  practices  on  measures  to  protect  minorities  from  discrimination  and 
exclusion  in  accordance  with  European  and  international  standards,  with  the  objective  of 
developing  a  modern  legal  framework.  Developing  close  cooperation  between  the 
authorities and representatives of minority groups; 

•  cooperate  on  measures  to  combat  the  growth  in  intolerance  and  the  incidence  of  hate 

crimes (whether due to racism, xenophobia, anti-semitism or homophobia). 

(d.)  Combating torture and inhuman and degrading treatment 

•  further  strengthening  of  efforts  to  improve  the  legal  basis  and  practice  in  the  area  of 
detention, in particular as regards pre-trial and administrative detention in order to address 
effectively the issue of arbitrary detention; 

•  improve the conditions of detention for all prisoners whether in pre-trial detention or after 
conviction with the  aim  of  eliminating ill-treatment and  implement the recommendations 
of the UN Committee against Torture and the European Committee for the Prevention of 
Torture; 

•  consider the establishing of an independent police complaints mechanism. 

(e.) 

Ensuring Equal Treatment  

•  exchange best practices to ensure the equality of men and women in social and economic 
life and promote the greater participation of women in public life and decision-making; 

•  combat  domestic  violence  by  supporting  the  strengthening  of  the  legislative  framework 
and  practices  of  the  law  enforcement  agencies  regarding  domestic  violence  and  through 
awareness raising and training. 

(f.) 

Ensuring respect for Children’s Rights  

•  in  the  context  of  the  commitments  under  the  Optional  Protocol  on  the  Sale  of  Children, 
Child  Prostitution  and  Child  Pornography2  to  strengthen  cooperation  on  preventing  the 
sale, trafficking and exploitation of children; 

•  developing juvenile justice standards in line with relevant international standards. 

(g.) 

Ensuring Respect for Trade Union Rights and Core Labour Standards  

•  further  strengthen  efforts,  including  through  exchanges  of  best  practices,  to  promote  the 
full  enjoyment  of  trade  union  rights  and  core  labour  standards  based  on  International 
Labour Organization Conventions, and promote the effective use of collective bargaining. 

3.2.2.  Combating Corruption 

•  promote cooperation within the Council of Europe Group of States against Corruption and 

follow up the implementation of its relevant recommendations; 

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To the Convention on the Rights of the Child 

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•  completion of the processes of ratification of the UN Convention against Corruption and 

the Council of Europe Criminal Law Convention on Corruption; 

•  implementation of the National Anti-Corruption Action Plan, in cooperation with relevant 

EU bodies. 

3.2.3.  Foreign and Security Policy  

Regional and international issues, cooperation on foreign and security policy, WMD non-
proliferation and disarmament, conflict prevention and crisis management 

(i.) 
Further  strengthen  convergence  on  regional  and  international  issues,  conflict 
prevention  and  crisis  management;  work  jointly  to  make  multilateral  institutions  and 
conventions more effective, so as to reinforce global governance, strengthen coordination in 
combating security threats and address development related issues 

•  intensify  consultations  and  coordination  through  available  diplomatic  and  military 
channels  to  address  international  issues  of  common  concern,  including  and  especially 
challenges  to  commonly  shared  principles  of  international  peace  and  security,  as 
established by the UN Charter, the OSCE Helsinki Final Act and other relevant multilateral 
documents, also in view of Ukraine’s practice of aligning with EU CFSP declarations and 
common positions; 

•  continue dialogue on implementation of the European Security Strategy; 

•  enhance EU–Ukraine consultations on crisis management; 

•  continue the practice of jointly identifying opportunities for Ukraine to participate in future 
ESDP  operations,  building  on  the  good  experience  of  Ukraine’s  participation  in  EU 
operations in the Balkans, as well as the current discussions relating to Ukraine's possible 
participation in EU naval operation Atalanta; 

•  further implement “Seville” Arrangements for Consultation and Co-operation between the 
EU and Ukraine in EU-led crisis management operations, including continued participation 
of Ukraine in relevant crisis management exercises and ESDP-related training activities; 

•  increase interoperability where appropriate between Ukrainian peacekeeping units and EU 
forces  through  lessons  learned  from  relevant  EU  crisis  management  operations  to  which 
Ukraine  participated.  Ukraine  expressed  interest  to  bilaterally  explore  the  possibilities  of 
involvement  of  the  units  of  the  Armed  Forces  of  Ukraine  into  the  formation  of  EU 
Multinational Tactical Battle Groups; 

•  Ukraine and the EU to enhance their joint efforts within the 5+2 framework, with the aim 
of reaching a viable settlement to the Transnistrian conflict in the Republic of Moldova; 

•  the  EU  and  Ukraine  to  continue  cooperation  with  the  Republic  of  Moldova  on  border 

issues; 

•  continue consultations on sanctions applied by the EU; 

•  explore further concrete ways of achieving convergence in the field of foreign and security 

policy; 

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•  take  measures  to  foster  military  and  technological  cooperation  between  the  EU  and 

Ukraine; 

•  encourage and facilitate direct cooperation on concrete activities, jointly identified by both 
sides,  between  relevant  Ukrainian  institutions and  CFSP/ESDP  agencies  and  bodies  such 
as  the  European  Defence  Agency,  the  European  Union  Institute  for  Security  Studies,  the 
European Union Satellite Centre and the European Security and Defence College. 

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(ii.) 
Further  develop  co-operation  in  addressing  common  security  threats,  including 
combating  terrorism,  non-proliferation  of  weapons  of  mass  destruction  and  illegal  arms 
exports 

•  continue cooperation in the fight against non-proliferation of weapons of mass destruction, 
including  on  aspects  related  to  the  accession  to  and  national  implementation  of  relevant 
international instruments, such as CWC, BTWC and NPT, and export control regimes;  

•  further  improve  an  effective  system  of  national  export  control,  controlling  export  and 
transit of WMD related goods, including WMD end use control on dual use technologies, 
in light of the EU regulation on export controls on dual use goods adopted in 2000 and on 
its  updated  version,  further  cooperate  on  the  development  of  national  lists  of  dual-use 
goods, controls over intangible transfer of technologies, enforcement of the export control 
system, including prevention and sanctions of breaches, and outreach to industry; 

•  continue cooperation in the fight against the trafficking of nuclear materials; 

•  continue  cooperation  in  achieving  the  objectives  of  the  G8  Global  Partnership  in  all  its 

aspects; 

•  cooperate in the enhancement of bio-security and bio-safety standards in the laboratories, 
other facilities and during the transport of dangerous bio-agents, in particular in light of the 
ongoing dialogue on possible cooperation on bio-safety and bio-security in the Ukrainian 
Anti-plague station (AR Crimea, Simferopol); 

•  cooperate  in  enhancing  the  security  of  outer  space  activities  through  confidence  building 

measures, such as those proposed by the EU draft Code of Conduct; 

•  further cooperate on arms exports in the light of the content and principles of the Council 
Common Position 2008/944/CFSP defining common rules governing the control of exports 
of military technology and equipment and also in jointly supporting the process leading to 
the negotiation of an Arms Trade Treaty; 

•  further  develop  cooperation  in  the  fight  against  the  illicit  trafficking  of  SALW  and  their 

ammunition;  

•  jointly address threats for security, posed by Ukrainian stockpiles of conventional weapons 
and  old  ammunition,  including  SALW  and  their  ammunition  and  anti  personnel  land 
mines, in accordance with the provisions of the Ottawa Convention on the Prohibition of 
the Use, Stockpiling, Production, Transfer of Anti-Personnel Mines. 

3.2.4. 

International Criminal Court  

Enhance cooperation to promote international justice and fight impunity, including through: 

•  further  support  to  the  International  Criminal  Court  (ICC)  and  the  establishment  of  a 

consultation mechanism on the ICC’s activities and functioning; 

•  effectively  implement  all  measures  necessary  for  the  entry  into  force  for  Ukraine  of  the 

Rome Statute establishing the ICC;  

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•  cooperate  further  within  the  framework  of  the  Special  Working  Group  on  the  Crime  of 

Aggression and other special groups. 

3.3. 

Co-operation on Justice, Freedom and Security issues  

In  the  context  of  the  commitments  contained  in  the  2007  EU-UA  revised  JLS  Action  Plan, 
cooperation in this area shall focus on the following priorities: 

•  support in developing a Ukrainian system of Protection of Personal Data upon ratification 
of  the  Council  of  Europe  1981  Convention  on  Protection  of  Personal  Data  and  the 
Additional  Protocol  thereto3  and  its  implementation.  This  should  serve  as  one  of  the 
prerequisites for concluding agreements with Europol and Eurojust, including exchange of 
operational information; 

•  development of an appropriate legislative and institutional framework related to migration 
management  with  the  aim  of  fighting  illegal  migration,  smuggling  and  trafficking  in 
human beings, with the support of the EU; 

•  practical implementation of the 1951 UN Convention relating to the status of refugees and 
i.a.  its  1967  Protocol  including  the  right  to  seek  asylum  and  respect  for  the  principle  of 
"non-refoulement" and the 2000 UN Convention  against Trans-national Organised Crime 
with the aim of combating and preventing criminal activities, organised or otherwise; 

•  actively  pursue  the  visa  dialogue,  developing  the  relevant  conditions,  with  the  long-term 
perspective of establishing a visa-free regime between the EU and Ukraine, as agreed at the 
EU-Ukraine  Paris  Summit  of  September  2008  with  special  attention  to  issues  such  as 
document security, illegal migration including readmission, public order and security, and 
external relations; 

•  encourage EU Member States to use the flexibilities existing under the Community acquis 

to reduce or waive visa fees in individual cases; 

•  ensure  the  full  implementation  of  both  the  visa  facilitation  and  readmission  agreements 

between Ukraine and the EU; 

•  facilitate  further  Ukraine-EU  judicial  cooperation  in  civil  matters  on  the  basis  of  the 

applicable existing international instruments; 

•  develop,  implement  and  upgrade  the  strategy,  legal  basis  and  procedures  of  integrated 
border  management,  including  with  the  comprehensive  support  of  the  EU,  to  be  jointly 
defined; 

•  with  the  technical  support  of  the  EU,  continue  the  process  of  demarcation  of  Ukraine’s 
borders  in  accordance  with  international  standards  in  cooperation  with  the  authorities  of 
the respective neighbouring countries as appropriate; 

3 

Convention  for  the  Protection  of  Individuals  with  regard  to  Automatic  Processing  of  Personal  Data, 
Strasbourg,  28/01/1981  and  Additional  Protocol  to  the  Convention  for  the  Protection  of  Individuals 
with  regard  to  Automatic  Processing  of  Personal  Data,  regarding  supervisory  authorities  and 
transborder data flows, Strasbourg, 08/11/2001. 

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•  intensify  and  enhance  cooperation  under  the  existing  working  arrangements  between  the 
Ukrainian  Border  Guard  Service  and  Frontex,  including  in  particular  analysis  and  risk 
management; 

•  in  the  context  of  Ukraine’s  continuing  cooperation  with  the  Republic  of  Moldova  on 
border  issues,  including  the  effective  exchange  of  information  regarding  flows  of  goods 
and  people  across  the  common  border,  Ukraine  and  the  European  Commission  will 
maintain  their  collaboration  together  with  the  Republic  of  Moldova  in  particular  through 
technical trilateral talks and with the support of the EU Border Assistance Mission; 

•  to minimize security and safety risks at EURO 2012, existing law enforcement and judicial 
cooperation  will  be  reinforced  with  a  view  to  exchanging  relevant  expertise  and  data  on 
violent fans, based on existing mechanisms of information exchange. The EU network of 
National  Football  Information  Points  will  be  closely  associated  in  the  undertaken 
initiatives. 

3.4. 

Economic cooperation 

The Parties cooperate to support Ukraine in establishing a fully functioning market economy 
and gradually approximating its policies to the policies of the Community in accordance with 
the  guiding  principles  of  macroeconomic  stability,  sound  public  finances,  a  robust  financial 
system and sustainable balance of payments, and in particular: 

•  develop  Ukraine’s  capacity  in  macro-economic  forecasts,  inter  alia  improvement  of 
methodology  of  elaboration  of  development  scenarios,  and  monitoring  of  economic 
processes, improving the quality of analysis of the factors of impact etc. by exchanging of 
best practices; 

•  strengthen  the  independence  of  the  National  Bank  of  Ukraine  (NBU),  including  by 
reviewing the 'Law on the National Bank' in line with best EU practice, including with the 
support of EU expertise, also from the ECB; 

•  sharing  the  experience  of  the  EU,  including  from  ECB,  on  monetary  exchange  rate  and 
financial  and  banking  sector  regulation  and  supervision  policies,  and  helping  to  develop 
and strengthen Ukraine's capabilities in all those areas; 

•  reinforce the sustainability and governance of public finances, through implementing fiscal 
and expenditure reforms, covering also the pension system and public debt management, in 
particular by:  

–  jointly  developing  workable  tools  and  methods  to  improve  budget  planning, 
including a medium-term expenditure framework (with strategic plans and budget 
ceilings for current and capital spending by line ministries4; 

–  exchanging  of  information,  experience  and  the  best  practice  concerning 
improvement  of  program-  purpose  approach  in  budgetary  process,  analysis  of 
efficiency  and  gains  of  budgetary  programs 
fulfillment,  planning  and 
implementation of budget and public debt; 

4 

In Ukrainian version the relevant Ukrainian terminology will be used. 

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–  exchanging of best expertise from the EU and the EU member states on pension 
system reforms with a view of improving the sustainability of Ukraine's pension 
system; 

–  assessing the economic impact of tax measures in cooperation with EU experts;  

–  exchanging  of  best  practices  on  enhancing  public  debt  management  in  line  with 

international standards. 

•  reducing the involvement of the State in setting prices and introducing procedures for full 

price recovery in line with best EU practices; 

•  further  developing  open,  competitive  and  transparent  privatisation  rules  and  procedures 

and their implementation in line with best EU practices. 

3.5. 

Trade and trade related matters 

Trade in goods 

Priorities will be specified once negotiations on the EU-Ukraine Association Agreement are 
concluded and in line with the provisions set up in section 3.9  

Rules of origin 

The  Parties  shall  cooperate  in  preparing  the  proper  implementation  of  rules  of  origin  to  be 
applicable between the Parties, in particular by: 

•  transfer of the competence in certification of origin from the Chamber of Commerce to the 

Customs authorities before the Association Agreement enters into force;  

•  provide relevant  TWINNING projects to the Ukrainian Customs authority on application 

of rules of origin upon Ukrainian initiative. 

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Technical  regulations  on  industrial  products,  standards  and  conformity  assessment 
procedures  

•  development  of  the  Ukrainian  legislation  on  technical  regulation,  standardisation, 
conformity  assessment,  market  surveillance,  metrology  and  accreditation  concerning  the 
provisions, regulating circulation of industrial products in line with the EU acquis5 in order 
to eliminate trade barriers between the Parties; 

•  take actions in line with the benchmarks agreed between the Parties for the EU budgetary 

support projects in standardisation in 2010-2012. 

Sanitary and phytosanitary measures 

In  view  of  ensuring  a  gradual  approximation  of  the  Ukrainian  SPS  food  and  feed,  animal 
health and welfare legislation and practice to that of the European Union, the EC will support 
Ukraine inter alia through available instruments, to:  

•  develop a comprehensive strategy for reform of the SPS, food and feed, animal health and 
welfare  policy  of  Ukraine.  The  strategy  will  include  a  time  table  involving  intermediate 
stages and financing plan for its implementation and set clear priorities for areas in which 
rapid progress can be made. It will address, inter alia, legislative approximation, capacity 
building  and  implementation,  among  others  in  the  area  of  food  and  feed  safety,  animal 
health and welfare, traceability, and audits exercised by the controlling bodies; 

•  strengthen administrative capacity in these areas by: 

–  reviewing the functions of the Ukrainian animal health and welfare, food and feed 
safety  authorities  with  a  view  to  compliance  with  the  EC  requirements 
(Regulation 882/2004/EC); 

–  training of staff of the Ukrainian competent authorities; 

–  the  development  of  laboratories  towards  EC  requirements  with  special  attention 
given  to  the  necessary  equipment  and  appropriate  methods  of  analysis  (residue 
testing) and prepare for their accreditation in compliance with ISO standards. 

•  organise  information  campaigns  on  rules  and  requirements  on  access  to  the  EU  market 

with relevant stakeholders and establishments;  

•  food  and  feed  industry  on  the  implementation  of  the  Hazard  Analysis  Critical  Control 

Point system; 

•  parties will establish a constant dialogue on sanitary and phytosanitary issues. 

Trade in services, freedom of establishment and investment 

Priorities will be specified once negotiations on the EU-Ukraine Association Agreement are 
concluded and in line with the provisions set up in section 3.9  

5 

EU to make reference as in FTA 

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Capital movements and payments 

Continue the effective dialogue on capital movements and payments, in particular with a view 
to  monitoring  compliance  with  all  existing  commitments  and  preparing  for  the  new 
Association Agreement; 

Public procurement  

The Parties shall pay particular attention to cooperation in taking the following measures:  

•  enhance  and  strengthen  cooperation,  including  through  technical  assistance,  aimed  at 
taking  appropriate  measures  in  particular  to  ensure  that  the  central  government  body 
responsible  for  economic  policy  has  sufficient  administrative  capacity  to  fulfil  its  tasks 
related to public procurement ;  

•  work  towards  the  establishment  of  an  independent  review  body  in  line  with  Directive 
89/665  as  amended  by  Directive  2007/66  and  ensure  that  it  has  sufficient  administrative 
capacity to provide effective remedies;  

•  work towards further harmonisation of the Ukrainian public procurement legislation with 

the EU acquis as set out in Directives 2004/17 and 2004/18.  

Competition  

State aid 

The Parties shall cooperate in the establishment of an effective system of State aid control and 
monitoring in Ukraine. 

Anti-trust 

The Parties will cooperate in order to: 

•  enhance the transparency and predictability of competition policy in Ukraine, including the 
publication of the decisions of the Competition Authority within a reasonably short delay 
following their adoption and of the principles used in implementation and enforcement of 
competition laws; 

•  promote convergence of competition law and practice in Ukraine to EC acquis, notably in 
the  areas  of  merger  control  rules  and  in  the  principles  used  in  the  implementation  and 
enforcement of competition laws; 

•  prepare for the implementation of the provisions to be set out in the Competition Chapter 

of the future Association Agreement (FTA part). 

Intellectual property 

Strengthen  cooperation  on  the  protection  of  the  IPR  by  exchange  of  experience  and 
organisation of joint actions on the IPR issues as well as continue a dialogue on IPR issues in 
order to: 

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•  proper  implement  standards  embedded  in  the Enforcement  Directive  2004/48/EC  and the 

EC Council Regulation 1383/2003 concerning customs actions; 

•  take  effective  measures  against  counterfeiting  and  piracy  and  ensure  effective 
implementation  of  the  enforcement  legislation  and  of  sanctions  for  infringements  of 
intellectual property rights; 

•  strengthen  coherent  and  comprehensive  enforcement  capacity  at  public  authorities  level 
(administrative, judicial and operational authorities), in particular strengthen the number of 
State Inspectors at SDIP and increase the enforcement resources regarding internet piracy 
within the Ministry of Interior. 

Trade facilitation and customs 

The Parties shall pay particular attention to cooperation in taking the following measures: 

•  development of mutual transparent trade environment. Ensure that relevant legislation and 
procedures,  as  well  as  the  administrative  and  operational  capacity  of  the  customs 
administration,  fulfil  the  objectives  of  effective  control  and  support  the  facilitation  of 
legitimate trade as a matter of principle, while ensuring security and preventing fraud; 

•  elaborate and implement a comprehensive strategic plan with EU support upon Ukraine's 
request  for  the  Customs  Service,  including  structures,  procedures,  resources,  IT  support 
and  implementation  plan.  The  EU  Modernized  Customs  Blueprints  may  be  used  as  a 
benchmark; 

•  further development of the Ukrainian Customs legislation and its implementing provisions 
in line with the international instruments and standards applicable in the field of customs 
and trade including those developed by the EU, World Customs Organisation (in particular 
Revised Kyoto Convention), WTO, UN (e.g. 1982 Convention on harmonization of border 
controls); 

•  cooperate  in  the  implementation  of  an  up-to-date  Harmonized  System  with  a  view  to 
adopting  the  Combined  Nomenclature  and  ensuring  proper  and  coherent  classification  of 
goods;  

•  cooperate on the implementation of modern customs control techniques based in particular 
on  selective,  risk  based  control,  simplified  procedures  for  release  of  goods  and  post 
clearance controls;  

•  ensure the highest standards of integrity, in particular at the border, through the application 
of  measures  reflecting  the  principles  of  the  WCO  Arusha  Declaration.  The  EU  Customs 
Ethics Blueprint may be used as a benchmark; 

•  cooperate  on  the  further  development  of  customs  valuation  procedures  and  practice  in 
order to make them more transparent and efficient, including through the exchange of best 
practices on the implementation of WTO standards (the Agreement on the Implementation 
of  the  Article  VII  of  the  GATT  1994),  in  particular  as  regards  reference  prices  for  the 
determination of customs value;  

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•  take  all  necessary  steps  within  the  competence  of  the  Parties  to  facilitate  future 
participation  of  Ukraine  in  both  the  Working  Group  EU  –  EFTA  and  the  EC/EFTA 
working group and ECG (Electronic Customs Group) – NCTS;  

•  elaborate,  with  EU  support  upon  Ukraine's  request,  and  implement  a  comprehensive 
strategic  plan  for  the  State  Customs  Service  of  Ukraine,  to  align  its  transit  legislation, 
operational procedures, and IT system on the EC/ECFTA conventions on a common transit 
procedure and the simplification of formalities in trade in goods, with a view to ensuring 
the future membership of Ukraine in the said Conventions and participation in the common 
transit system; 

•  assess the feasibility of the establishment of mechanisms for exchange of data, inter alia on 

goods and vehicles, in line with relevant data protection standards and regulations; 

Trade and sustainable development  

The  Parties  will  engage  in  a  dialogue  on  the  issues  covered  by  the  chapter  on  Trade  and 
Sustainable Development in the Association Agreement. 

Transparency of regulations 

Priorities will be specified once negotiations on the EU-Ukraine Association Agreement are 
concluded and in line with the provisions set up in section 3.9  

Trade and Regulatory Co-operation 

Priorities will be specified once negotiations on the EU-Ukraine Association Agreement are 
concluded and in line with the provisions set up in section 3.9  

3.6. 

Energy co-operation including nuclear issues 

On  the  basis  of  the  continued  implementation  of  the  EU-Ukraine  Memorandum  of 
Understanding on energy cooperation and preparing for the implementation of the EC acquis 
mentioned in the relevant annex of the Association Agreement, and consistent with relevant 
multilateral agreements, the Parties shall pay particular attention to cooperation in taking the 
following steps: 

•  integration of energy markets: 

–  work towards rapid accession of Ukraine to the Energy Community Treaty; 

–  strengthening  of  the  capacity  and  independence  of  the  National  Electricity 
Regulatory  Commission  (NERC),  including  setting  up  the  legislative  framework 
necessary for this purpose; 

–  continue  reform  of  electricity  tariff  and  gas  pricing  and  measures  to  ensure  full 

payments for providing electricity and gas; 

–  take  all  necessary  steps  for  the  entry  into  force  of  the  law  of  Ukraine  on  the 
Principles of the Functioning of the Market in Natural Gas which should be in line 
with the relevant EC norms (Directive 2003/55/EC, Regulation EC 1775/2005);  

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–  fully  implement  the  Joint  Declaration  of  the  investment  conference  on  the 
rehabilitation and modernisation of the Ukrainian gas transit network of 23 March 
2009;  

–  accelerate  work  towards  integration  of  the  united  power  system  of  Ukraine  into 
the central European electricity network, in accordance with the requirements of 
UCTE (Union for the Coordination of the Transmission of Electricity).  

•  energy security 

–  Continue developing and implementing strategic oil stocks.  

•  energy efficiency, renewable energy and environmental aspects 

–  exchange of expertise and best practices in order to prepare, adopt and implement 
sub-sectoral energy policy documents on energy efficiency and renewable energy; 

–  take all necessary steps to enable Ukraine's participation in the Intelligent Energy-

Europe programme; 

–  advance  in  assessing  the  technical  and  financial  feasibility  of  implementing 

methane capture and clean coal technologies and their promotion. 

•  nuclear safety 

–  continue  cooperation  on  the  EC-IAEA-Ukraine  Joint  Project  on  nuclear  safety 

evaluation of Ukrainian nuclear power plants. 

3.7. 

Other co-operation issues 

Public internal control and external audit and control 

The Parties shall cooperate with the aim to ensure the development of public internal control 
and external audit by: 

•  ensuring further improvement of the internal control system in state authorities by means 
of  harmonization  with  generally  accepted  international  standards  and  methodologies  and 
EU best practice; 

•  ensuring 

implementation  of 

internationally  accepted  external  audit  standards 
(International  Organisation  of  Supreme  Audit  Institutions)  by  the  Supreme  Audit 
Institution (Accounting Chamber); 

the 

•  ensuring effective cooperation with the relevant EU Institutions and bodies in the case of 
on-the-spot checks and inspections related to the management and control of EU funds, to 
be provided in line with relevant rules and procedures. 

Taxation  

Enhance and strengthen cooperation aimed at the improvement and development of Ukraine's 
tax  system  and  administration,  based  on  international  and  European  standards,  including 

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preparation for gradual approximation to the taxation structure as laid down in the EC acquis 
set out in the relevant annex of the Association Agreement, in particular by: 

•  elaborating  and  implementing  a  comprehensive  strategic  plan  for  the  State  Tax 

Administration, including structures, procedures, resources and IT support; 

•  improving and simplifying tax legislation including, if necessary, its consolidation through 

codification; 

•  improving  international  tax  cooperation  in  order  to  enhance  good  governance  in  the  tax 
area, as described in the Association Agreement. In relation to fair tax competition, taking 
into account the principles of the EU Code of Conduct for Business Taxation; 

•  improving  capacity  of  the  tax  administration,  in  particular  by  moving  towards  a  more 

focused, risk based system for tax control and audits; 

•  implementing a sustainable and swift solution to the VAT refund backlog; 

•  taking measures to harmonise policies in counteracting and fighting fraud and smuggling 

of excisable products; 

•  developing cooperation with the tax administrations of EU member states by exchanging 

new experiences and trends in the field of taxation. 

Statistics  

•  prepare  for  implementation  of  EC  statistical  compendium  as  annexed  to  the  Association 

Agreement; 

•  develop  and  implement  the  Action  Plan  on  cooperation  with  Customs  to  improve  trade 

statistics through discussion with Commission experts; 

•  make the SMIS+ fully operational for Ukraine with deadlines for providing information in 
a regular cycle. EU to provide hands-on training on SMIS+ to Ukraine and ensure analysis 
of the pilot results by ESTAT. 

Transport  

The Parties cooperate to support Ukraine in, and to prepare for implementation of EC acquis 
mentioned in relevant annexes of the Association Agreement: 

•  final review of the newly developed comprehensive national transport strategy of Ukraine 

with a view to start implementation from the beginning of 2010; 

•  implementing mandatory driving times and rest periods in the international transport sector 

complying with international standards; 

•  the development and implementation of an action plan for improving road safety. 

•  the  development  of  intermodal  and  multimodal  services,  resolving  issues  relating  to  the 

interoperability of different track gauge and other technical standards. 

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•  considering  conditions  and  necessary  preparatory  steps  for  achieving  free  circulation  of 
vehicles  corresponding  to  EU  standards  on  weights  and  dimensions,  taking  also  into 
account planning needs for upgrading of infrastructures; 

•  preparing and implementing railway sector reform and restructuring programme; 

•  preparing  and  implementing  port  sector  reform  (separating  operational  and  commercial 

functions; 

•  implement relevant international IMO (International Maritime Organisation) Conventions, 
with particular attention to stepped up efforts in the areas of Port State Control, Flag State 
Implementation and safety of oil tankers; 

•  infrastructure  development,  in  particular  through  identification  of  priority  projects  of 
transnational  interest  and  feasibility  studies  and  the  preparation  of  a  5-year  rolling  work 
plan for the development of the network; 

•  finalize a comprehensive Common Aviation Area Agreement; 

•  develop and implement the new Air Code of Ukraine.  

•  harmonisation  of aviation safety legislation and strengthening the  administrative capacity 

of the aviation authorities. 

•  development of cooperation with EASA and EC on aviation safety issues. 

Environment  

The Parties cooperate to support Ukraine in, and to prepare for implementation of EC acquis 
mentioned in relevant annexes of the Association Agreement: 

•  development,  adoption  and  implementation  by  Ukraine  of  the  National  Environment 
Strategy for the period till 2020 and the National Environment Action Plan for 2009-2012 
in order to be able to take measures to implement budgetary support; 

•  strengthening of the administrative capacity at national, regional and local levels, including 

through development of effective inspection and enforcement capacities; 

•  further development and implementation of Ukrainian environmental legislation, strategies 
and  plans,  in  particular  on  environmental  impact  assessment,  strategic  environmental 
assessment, access to environmental information, and public participation; 

•  development of national implementation instruments in line with multilateral environment 
agreements signed and ratified by Ukraine and the European Community, as enlisted in the 
Annex;  

•  implementing the Kyoto Protocol through a dialogue within the Joint EU-Ukraine Working 
Group on Climate Change on a new post 2012 agreement on climate change, on eligibility 
criteria for using the Kyoto mechanisms, and on developing measures to mitigate and adapt 
to climate change; 

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•  active participation in the DABLAS Task Force, including to promote the implementation 

of the Mykolaev project; 

•  working  together  to  implement  the  roadmaps  for  achieving  the  water-related  Millennium 
Development  Goals  and  Integrated  Water  Resources  Management  targets,  using  the 
national policy dialogue under the EU Water Initiative; 

•  promoting the implementation of the Bucharest Convention and its Protocols and working 
together  with  the  Parties  of  this  Convention  to  promote  the  accession  of  the  European 
Community to the Convention; 

•  exploring the participation of Ukraine in selected European Environment Agency activities 

on information collection and dissemination; 

•  establishing the REC-Ukraine, inter alia to raise environmental awareness and promote the 

role of the civil society on environmental matters. 

•  the  Parties  will  consider  establishing  a  high-level  dialogue  on  environment  protection 

issues. 

Industrial and enterprise policy  

The  Parties  will  cooperate  on  implementation  of  an  SME  policy  based  on  EU  best  practice 
and maintain a regular dialogue on industrial and enterprise policy, involving government and 
business representatives from both the EU and Ukraine. 

Company law, corporate governance, accounting and auditing 

The Parties shall enhance their co-operation in all areas of company law corporate governance 
and  accounting  and  auditing  issues  through  exchanging  experience  and  information  about 
their best practice and their current regulatory frameworks and in particular: 

•  prepare for implementation of EC acquis mentioned in relevant annexes of the Association 
Agreement  through  progressive  approximation  of  Ukraine  company  law  legislation  with 
the EU company law acquis; 

•  by the development of administrative capacity of relevant state institutions; 

•  improve  functioning  of  company  law  through  constant  review,  modernisation  of  relevant 

legislation and its application, including in particular the Joint Stock Company Law;  

•  simplify  rules  and  procedures  on  registration  of  legal  persons,  including  companies,  and 

natural persons, including entrepreneurs, to set up and liquidate business; 

•  develop  further  corporate  governance  policy  and  promote  compliance  with  the  code  on 
corporate governance in line with international standards as well as gradual approximation 
with the EC rules and recommendations in this area; 

•  introduce relevant international auditing standards at national level; 

•  promote  the  application  of  international  accounting  standards  by  all  listed  companies  at 

national level, notably by introducing a mechanism to this end. 

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Financial services  

•  prepare for implementation of EC acquis mentioned in relevant annexes of the Association 

Agreement; 

•  cooperate to ensure the effective implementation of a prudential regulatory frame-work for 

financial markets and supervision equivalent to that existing in the EU;  

•  cooperate to improve the administrative capacity of supervisory authorities in accordance 

with internationally recognised standards; 

•  encourage  cooperation  between  Ukraine  and  EU  supervisors,  especially  regarding 

exchange and disclosure of information; 

•  develop national legislation on prevention and counteraction against money-laundering and 
financing terrorism, in particular by implementing the 40 Recommendations plus 9 Special 
Recommendations of the Financial Action Tasks Force (FATF) as well as the relevant EU 
anti-money laundering and combating the financing of terrorism legislation (inter alia the 
provisions of Directive 2005/60/EC on prevention of the use of the financial system for the 
purpose  of  money  laundering  and  terrorist  financing;  Directive  2006/70/EC;  EC 
Regulation 1781/2006; EC Regulation 1889/2005); 

•  continue organising joint seminars, conferences, trainings, workshops and study visits on 
counteraction  against  money-laundering  and  terrorist  financing  as  well  as  inviting 
Ukrainian experts to relevant EU events; 

•  enhance cooperation with FATF, the Council of Europe, MONEYVAL, as well as relevant 
authorities in EU member states and sign Memoranda of understanding between financial 
intelligence authorities of Ukraine and EU member states. 

Information society  

The Parties cooperate to support Ukraine in, and to prepare for implementation of EC acquis 
mentioned in relevant annexes of the Association Agreement, in particular by: 

•  an  assessment  on  the  conformity  of  the  new  draft  law  on  electronic  communications 
submitted to Parliament in December 2008 with the EC acquis in this area, throughout the 
legislative process; 

•  strengthening of the independence and administrative capacity of the national regulator in 
the  field  of  communications, in  order  to  ensure  its  ability  to  take  appropriate  regulatory 
measures and enforce its own decisions and all applicable regulations and to guarantee fair 
competition in the markets, supported by Twinning projects, including with EU regulators; 

•  exchanging information and experience on the implementation of the EU Initiative “i2010" 
with  a  view  to  developing  and  implementing  e-strategies  in  Ukraine,  including 
implementing the National Concept for the Development of Telecommunications and State 
Programme “e-Ukraine”. 

Tourism  

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The Parties will establish a regular dialogue on the issues covered by the chapter on tourism 
in the Association Agreement. 

Agriculture and rural development 

The Parties cooperate to support Ukraine in, and to prepare for implementation of EC acquis 
mentioned in relevant annexes of the Association Agreement, in particular through enhanced 
activities of the established agricultural dialogue, in particular by:  

•  developing and implementing a new Action Plan aiming at bringing the sector closer to EC 

policies and legislation on agricultural policy and rural development;  

•  increase  cooperation  on  scientific  studies  and  exchange  of  best  practices  for  the  use  of 

biotechnologies in agriculture;  

•  training of central and local administrations on new models of rural development policies 

for further implementation of programmes for rural communities; 

•  exchange  best  practices  on  the  renewal  and  preservation  of  natural  resources  in  order  to 

ensure efficient, sustainable and high quality agricultural production; 

•  exchange  best  practices  on  the  sustainable  agricultural  production  of  renewable  energy 

resources and their use, including in agriculture; 

•  studying  EU  experience  on  transition  towards  providing  direct  support  to  agricultural 

producers; 

•  improving the competitiveness of agricultural production, including by cooperation on the 

implementation of quality schemes.  

Fisheries and maritime policy  

•  reinforce  cooperation  and  work  together  towards  sustainable  fisheries  in  the  Black  Sea, 
both  in  bilateral  and  multilateral  frameworks  on  the  basis  of  an  ecosystem  approach  to 
fisheries management; 

•  increase  scientific  and  technical  co-operation  with  a  view  to  ensure  the  capacity  of 
monitoring  fisheries  and  evaluating  the  state  of  the  stocks  of  marine  resources  and  of 
marine environment; 

•  exchanging  best  practices  on  the  integrated  approach  to  maritime  affairs,  e.g.  on 
establishing  a  coordination  structure  within  the  government,  and  identify  mutually 
beneficial areas of common interest for future cooperation in the context of EU Integrated 
Maritime Policy. 

Science and technology  

•  renew  and  activate  the  EC-Ukraine  S&T  cooperation  agreement,  in  order  to  enhance  the 

participation of Ukrainian research entities in FP7 projects; 

•  use  the  available  tools  (S&T  agreement,  INCO-Nets)  in  order  to  prepare  for  a  possible 

association of Ukraine to the Research Framework Programme; 

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•  Ukraine  to  promote  the  activities  of  the  ICT  National  Contact  Points  and  involve  the 
private sector in the research cooperation through participation in the ICT Theme of the 7th 
Framework Programme for Research. 

Space 

The Parties will establish a regular dialogue on the issues covered by the chapter on space in 
the Association Agreement. 

Consumer protection 

In  view  of  the  preparation  for  the  implementation  of  the  EC  acquis  mentioned  in  relevant 
annexes of the Association Agreement, the parties cooperate in order to: 

•  exchange  information  and  initiate  a  dialogue  on  consumer  protection.  The  Parties  may 

explore the possibility to further cooperate on subjects of mutual interest; 

•  encourage the empowerment of consumers; 

•  strengthen administrative capacity of consumer protection enforcement in Ukraine, notably 
through training and technical assistance in the framework of TAIEX programme for the 
Ukrainian  Public  Administration,  including  the  Judiciary  and  the  Legislative  branch  and 
civil  society  organizations  on  the  transposition  of  EU  legislation  and  its  subsequent 
implementation and enforcement. 

Social co-operation  

The Parties cooperate in order to: 

•  prepare  for  the  implementation  of  the  EC  acquis  in  the  areas  of  gender  equality,  anti-
discrimination, health and safety at work, labour law and working conditions mentioned in 
relevant annexes of the Association Agreement, and in particular: 

–  strengthen  administrative  and  enforcement  capacities  in  the  area  of  health  and 

safety at work, notably the labour inspectorate; 

–  enhance practical measures in the area of gender equality with the aim of reducing 

the gender pay gap. 

•  develop a strategic approach to employment in order to ensure: 

–  better matching skills and jobs on the Ukrainian labour market and its efficiency; 

–  strengthening capacity of administration in charge of employment policy; 

–  strengthening  the  efficiency  of  public  employment  services,  possibly  backed  up 
by twinning exchanges with public employment services of EU Member States; 

–  promoting decent work and the transformation of the informal sector into formal 
work  and  implementing  the  decent  work  country  programmes  between  the  ILO 
and Ukraine; 

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–  promoting  anti-discrimination  and  ensuring  equal  opportunities,  in  particular  for 

people with disabilities, notably in the context of employment. 

•  exchange best practices in improving the effectiveness of social protection, with a view to 
enhancing both its social adequacy and financial sustainability and to significantly reduce 
the number of poor and vulnerable people; 

•  encourage  both  tripartite  and  bipartite  social  dialogue  and  the  capacity  building  of  social 

partners, including in the framework of TAIEX; 

•  promote  the  conclusion  of  agreements  between  Ukraine  and  EU  Member  States  on  the 
coordination  of  social  security  for  workers  of  Ukrainian  nationality  legally  employed  in 
EU Member States; 

•  exchange  of  best  practices  as  regards  the  provision  of  social  services  with  a  view  to 

encouraging synergies between public and private partners in this sector in Ukraine.  

Public Health  

The Parties will cooperate in: 

•  implementing health sector reform;  

•  strengthening administrative capacity in the field of public health; 

•  preparing  for  the  implementation  of  EC  health  acquis,  especially  those  mentioned  in  the 
relevant  annexes  of  the  Association  Agreement,  including  on  tobacco,  blood  tissues  and 
cells, communicable diseases; 

•  preventing  of  non  communicable  diseases  through  health  education  and  promotion  of 
healthy lifestyle, and through actions addressing major health determinants and problems, 
such as mother and child health, mental health, addiction to alcohol, drugs and tobacco as 
well as through strengthening civil society involvement; 

•  preventing  and  controlling  of  communicable  diseases 

in  particular  HIV/AIDS, 

tuberculosis, sexually transmitted infections, and hepatitis C and B; 

•  exchanging best practice in implementing the Framework Convention for Tobacco Control 

and the International Health Regulations; 

•  participating  in  the  EU  public  health  related  networks  and  working  parties  such  as  the 

annual network meeting on health information and the HIV/AIDS Think Tank; 

•  developing  gradually  cooperation  with  the  European  Centre  for  Disease  Prevention  and 

Control. 

Education, training and youth  

The Parties shall cooperate in: 

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•  carry out joint work and exchanges with a view to promoting Ukraine's further integration 
into the European Higher Education Area, in the context of its membership of the Bologna 
process;  

•  work  towards  mutual  academic  and  professional  recognition  of  qualifications,  diplomas 

and certificates on education; 

•  carry out joint work and exchanges with a view to supporting Ukraine to bring its system 
of vocational training more closely in line with the modernisation of EU VET structures as 
pursued  in  the  Copenhagen  Process  and  via  instruments  such  as  European  Qualifications 
Framework  (EQF),  the  European  Credit  system  for  VET  (ECVET)  and  the  European 
Quality Assurance Reference framework for Vocational Education and Training (EQARF); 

•  enhancing  dialogue  on  systems  of  general  secondary  education,  distance  education  and 

lifelong learning; 

•  enhancing  exchanges  and  cooperation  in  the  field  of  non-formal  education  for  young 
people and youth workers as a means to promote intercultural dialogue and  support  civil 
society, inter alia through the Youth in Action programme (2007-2013). 

Culture  

•  take all measures necessary for the swift entry into force in Ukraine of the 2005 UNESCO 

Convention on the Protection and Promotion of the Diversity of Cultural Expressions; 

•  cooperation  on  development  of  an  inclusive  cultural  policy  in  Ukraine  and  on  the 

preservation and valorisation of historical heritage; 

•  promote the participation of Ukrainian cultural actors in cultural cooperation programmes 
(Eastern  Partnership  Culture  Programme  and  the  future  ENP  window  under  the  Culture 
Programme). 

Sport and physical activity 

Exchange  of  information  and  good  practices  on  the  following  topics:  integration  of 
disadvantaged groups, the fight against doping. 

Civil society cooperation  

The Parties will cooperate in the familiarisation of the Ukrainian civil society stakeholders as 
regards the process of consolidation and dialogue between social partners in the EU, with a 
view to further integrating civil society into policy processes in Ukraine.  

Cross-border and regional cooperation  

•  implementation  of  the  Memorandum  of  Understanding  for  the  establishment  of  a  regular 

dialogue on regional policy and development of a regional cooperation;  

•  strengthening  cooperation  under  regional  and  cross-border  programmes  between  Ukraine 
and  the  EU  with  the  aim  of  decreasing  the  imbalance  in  development  between  relevant 
regions and ensuring their prosperity by means of:  

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–  establishment of long term links between social and economic actors on both sides 
of  the  common  borders  contributing  to  the  improvement  the  competitiveness  of 
border territories;  

–  joint  activities  for  promoting  social  and  economic  development  in  the  border 
territories  and  integrating  such  activities  in  the  shaping  of  longer-term  regional 
policies;  

•  diminish the border effect as a physical barrier by means of: 

–  establishment of close contacts between regional and local authorities; 

–  improvement of the efficiency of border procedures, including through the further 

improvement of necessary border infrastructures. 

Audio-visual  

•  preparation  for  implementation  of  EC  acquis  mentioned  in  relevant  annexes  of  the 
Association  Agreement,  in  particular  Directive  2007/65/EC  of  11  December  2007  on 
Audiovisual Media Services amending Council Directive 89/552/EEC the coordination of 
certain provisions laid down by law, regulation or administrative action in Member States 
concerning the pursuit of television broadcasting activities: 

•  explore Ukraine's possible participation in the EC programme "Media" once the framework 
agreement enabling Ukraine's participation in European Community programmes has been 
concluded; 

Participation in Community Programs and Agencies 

The  Parties  will  conclude  a  framework  agreement  which  enables  Ukraine’s  participation  in 
European  Community  programmes  and  cooperate  closely  to  implement  it  through  specific 
working arrangements. 

3.8. 

Resources 

This ambitious Association Agenda will require Ukraine and EC to make available resources 
for the implementation of agreed priorities.  

In the case of the EC, such support is to be provided in the context of the overall priorities for 
assistance in favour of Ukraine, as part of the overall funding available for Ukraine and in full 
respect of the relevant implementation rules and procedures of EC external assistance. 

As  appropriate,  the  EC  will  also  encourage  international,  governmental,  business  and  civil 
society partners to promote the objectives and priorities of the association agenda and, where 
relevant, facilitate them in these tasks. 

3.9.  Monitoring and reporting provisions 

A  Joint  Committee  at  Senior  Officials  level  will  be  established  to  review  progress  in 
implementing  the  Association  Agenda  as  well  as  future  priorities  and  any  necessary 
adjustments  to  the  Association  Agenda.  The  Joint  Committee  will  meet  regularly,  at  least 
once  per  year.  Either  side  may  carry  out  its  own  review  of  progress  in  implementing  the 

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Association  Agenda  independently  of  the  Joint  Committee.  It  is  anticipated  that  the  Joint 
Committee mechanism will be reflected in the final arrangements agreed for the EU-Ukraine 
Association Agreement.  

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APPENDIX 2 TO ANNEX 1 
Multilateral Environmental Agreements to which the European Community and 
Ukraine are contracting parties 

–  Convention  on  Persistent  Organic  Pollutants  (The  POP  Stockholm  Convention), 

Stockholm, 22.5.2001 

–  Convention  on  Access 

in 
Environmental Decision-making and Access to Justice (The Aarhus Convention), Aarhus, 
25.6.1998 

Information,  Public  Participation 

to  Environmental 

–  Convention  on  Cooperation  for  the  protection  and  sustainable  use  of  the  Danube  River 

(The Danube River Protection Convention) (DRPC), Sofia, 29.06.1994 

–  Framework Convention on Climate Change (UNFCCC), New-York, 9.5.1992 

–  Protocol  to  the  United  Nations  Framework  Convention  on  Climate  Change  (The  Kyoto 

Protocol), Kyoto, 11.12.1997 

–  Convention on Biological Diversity (UN) (CBD), Rio, 5.6.1992 

–  Convention  on  the  Protection  and  Use  of  Transboundary  Watercourses  and  International 

Lakes (The UN/ECE Water Convention), Helsinki, 17.03.1992 

–  Convention on Environmental Impact Assessment in a Transboundary context (UN-ECE) 

(The EIA Espoo Convention), Espoo, 25.2.1991 

–  Convention for the Protection of the Ozone Layer (UNEP) (Vienna Convention), Vienna, 

22.3.1985 

–  Protocol  to  the  Convention  for  the  Protection  of  the  Ozone  Layer  on  Substances  that 

deplete the Ozone,  

Layer (MONTREAL Protocol), as amended 

Montreal, 16.9.1987 

Amended, London, 29.06.1990 

Amended, Copenhagen, 25.11.1992 

Amended, Montreal, 17.9.1997 

Amended, Beijing, 3.12.1999 

–  Convention  on  Long-range  Transboundary  Air  Pollution  (CLRTAP)  (UN-ECE),  Geneva, 

13.11.1979 

–  Convention  on  the  Conservation  of  European  Wildlife  and  Natural  Habitats  (Council  of 

Europe), Bern, 19.09.1979 

–  Convention  on  the  Conservation  of  Migratory  Species  of  Wild  Animals  (CMS)  (UNEP), 

Bonn, 23.6.1979 

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