REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT Sixth Progress Report on the Implementation by Ukraine of the Action Plan on Visa Liberalisation
Date: 2015-12-18
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU visa policy, Ukraine, application of the law, biometrics, border control, fight against crime, fundamental rights, migration control, right of asylum

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   EUROPEAN COMMISSION  Brussels, 18.12.2015  COM(2015) 905 final   REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT Sixth Progress Report on the Implementation by Ukraine of the Action Plan on Visa Liberalisation {SWD(2015) 705 final}  
 
 
I. INTRODUCTION 

The  EU-Ukraine  Visa  Liberalisation  Dialogue  was  launched  in  October 2008.  In 
November 2010,  the  European  Commission  presented  the  Ukrainian  Government  with  an 
action plan on visa liberalisation (VLAP). The VLAP sets a series of precise benchmarks for 
four ‘blocks’1 of technically relevant issues, with a view to adopting a legislative, policy and 
institutional  framework  (phase  1)  and  ensuring  its  effective  and  sustainable  implementation 
(phase  2).  The  benchmarks  need  to  be  met  before  Ukrainian  nationals  holding  biometric 
passports can enter the Schengen zone for short stays without the need for a visa.2 

In  September  2011,  the  Commission  adopted  its  first  progress  report  on  Ukraine's 
implementation  of  the  VLAP3  and  made  several  recommendations  for  completing  the  first 
(legislative and planning) phase. The Commission published its  second progress report on 9 
February  2012,  and  the  third  on  15  November  2013.  Following  the  Commission’s  fourth 
report (27 May 2014)4 and its endorsement by the Council (23 June 2014), Ukraine was 
officially  in  the  second  phase  of  the  action  plan  where  an  assessment  was  made  regarding 
sustainable implementation of the legislative and policy framework. 

The Commission adopted the fifth progress report on Ukraine’s implementation of the 
VLAP  on  8  May  20155.  The  report  stated  that  the  progress  achieved  by  the  Ukrainian 
authorities in the implementation of the second phase of the VLAP was noteworthy. In line 
with  the  methodology  outlined  in  the  VLAP,  the  Commission  organised  on-site  evaluations 
involving experts from EU Member States. The report was accompanied by an assessment of 
the potential migratory and security impacts of future visa liberalisation for Ukrainian citizens 
travelling to the EU. 

The  sixth  report  is  the  second  progress  report  on  Ukraine’s  implementation  of  the  second 
phase  of  the  VLAP.  It  considers  how  effectively  and  sustainably  the  Ukrainian  authorities 
have implemented the second-phase benchmarks, in line with the recommendations issued in 
the Commission’s fifth report. This report does not elaborate on those benchmarks that were 
considered  as  already  achieved  in  the  last  report  because  monitoring  has  demonstrated  that 
they  are  continuing  to  be  fulfilled.  These  benchmarks  are:  judicial  cooperation  in  criminal 
matters, conditions and procedures for the issuance of travel and identity documents. 

The factual information and assessment are based on findings of the EU evaluation missions 
that  took  place  in  Ukraine  from  31 August 2015  to  2 October 2015  in  all  four  blocks  of 
involved  experts  from  EU  Member  States,  Commission  officials, 
VLAP,  which 
representatives of the and the EU Delegation to Ukraine. Additional information was obtained 
through  subsequent  meetings  and  communications  between  the  Commission,  the  EEAS 

1  These  are:  (i)  document  security,  including  biometrics;  (ii)  integrated  border  management,  migration 
management and asylum; (iii) public order and security; (iv) external relations and fundamental rights. 
2 Beneficiaries of the visa waiver holding a biometric passport could transit through or stay in the territory of the 
EU Member States (except for the United Kingdom and Ireland) and Schengen associated States for a duration 
of no more than 90 days in any 180 days period without applying for a visa. 
3  COM (2013) 809 final. 
4 COM(2014) 336 final. 
5 COM (2015) 200 final. 

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and the Ukrainian authorities, as well as the progress reports submitted by Ukraine on 17 
August and 22 November 2015. 

The report is accompanied by a Commission staff working document6 which elaborates on 
the  developments  described  in  the  report.  In  the  annex  to  the  staff  working  document,  as 
required under the VLAP, the Commission provides an updated analysis and statistics-based 
information  on  possible  migratory  and  security  impacts  of  future  visa  liberalisation  for 
Ukrainian  citizens  travelling  to  the  EU,  based  on  inputs  from  relevant  EU  agencies  and 
stakeholders.  The  assessment  of  impact  gives  prospective  main  trends  in  migration  and 
security  areas.  It  shows  that  the  EU  remains  an  attractive  destination  for  migrants  from 
Ukraine and that there are potential migratory and security challenges to be monitored. 

2.  ASSESSMENT  OF  MEASURES  UNDER  THE  REMAINING  BENCHMARKS  OF 
THE ACTION PLAN ON VISA LIBERALISATION  

2.1. Block 1: Document security, including biometrics 

Significant progress has been achieved since 12 January 2015, with the issuance of biometric 
passports that comply with the requirements of the International Civil Aviation Organisation. 
For  checks  on  Ukrainian  citizens  leaving  the  territory,  the  second  line  control  in  Kiev 
Boryspil  airport  can  access  fingerprints  stored  in  Ukrainian  passports  and  so  can  check  the 
holder’s fingerprints against those stored on the chip. 

Amendments  to  the  rules  of  procedure  were  adopted  on  19 August 2015  to  tackle any  side-
effect  of  name  changes  on  the  issuance  of  travel  and  ID  documents.  Both  the  internal 
passport and the passport for travelling abroad are cancelled in the event of a name change. 

Technical  consultations  on  establishing  an  automatic  link  between  the  Unified  State 
Demographic  Registry  and  Civil  Registry  records  are  ongoing.  The  link  is  expected  to  be 
operational from 1 January 2016. 

In  May,  Ukraine  started  issuing  biometric  diplomatic  and  service  passports  and  issuing 
biometric passports in consulates. The equipment was deployed in 98 consular posts. The new 
biometric ID cards are being tested and will be issued starting from 1 January 2016. 

The document security benchmark is deemed to have been achieved.   

2.2. Block 2: Integrated border management, migration management, and asylum 

2.2.1 Integrated border management 

Implementation  of  an  integrated  border  management  system  in  Ukraine  has  advanced.  The 
State Border Guard Service (SBGS) is advancing towards a modern law-enforcement agency 
in line with the EU best practices, despite the complex situation in the east of the country.  

6 SWD(2015)705 final. 

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The  Ukrainian  authorities  have  ensured  access  to  Interpol  databases  at  border  crossing 
points.  In  November,  39  border  crossing  points  were  connected  to  Interpol  databases.  The 
remaining  118  BCPs  will  be  connected  in  2016.  Ukraine  has  taken  further  steps  in 
cooperation on border control and border surveillance with neighbouring countries, which 
already  functioned  fairly  well.  On  the  future  Integrated  Border  Management  Strategy,  the 
SBGS drafted a new Concept for the period 2016-2020. The SBGS, in an inclusive dialogue 
with  other  border  agencies  and  relevant  actors,  is  now  expected  to  deliver  a  comprehensive 
document  following  the  best  EU  examples  and  addressing  key  issues  of  interdepartmental, 
interagency and international cooperation and coordination. 

As of 6 November 2015, SBGS is considering proposals from the line ministries and agencies 
on the draft Concept and its implementing Action Plan. The draft envisages that the Concept 
will enter into force on 1 January 2016. 

The integrated border management benchmark is deemed to have been achieved.  

2.2.2 Migration management 

The law on external labour migration was adopted in second reading on 5 November 2015 
and was signed by the President on 21 November. This is a very positive step, as the law will 
regulate reintegration issues on the legislative level.  

The  capacity  of  the  State  Migration  Service  (SMS)  to  handle  inland  detection  has  been 
increased.  On  27 May 2015,  the  Government  of  Ukraine  adopted  a  resolution  that  from 
1 January 2016 the SMS will be given 500 more staff, including officers tasked with fighting 
irregular  migration  and  with  inland  detection.  Language  training  is  currently  being  carried 
out. The SMS is exploring further ways of involving international partners in improving the 
foreign  language  skills  of  its  staff.  The  Migration  Profile  for  2014  was  updated  and 
published on 5 May 2015.  

The migration management benchmark is deemed to have been achieved.  

2.2.3 Asylum  

Substantial progress has been made in carrying out the recommendations of the fifth report.  
The  ‘refugee’  subsystem  of  the  foreigners’  database  was  installed.  Country  of  origin 
information is available to case processors on the website of the State Migration Service. One 
hundred  publicly  financed  regional  and  local  legal  aid  centres  started  work  on  1 July 2015, 
providing secondary legal aid to international protection applicants. 

Food  corresponding  to  a  certain  daily  amount  of  required  nutritional  value  per  person 
independent of cost is provided at the temporary accommodation centres for persons seeking 
international protection and of those entitled to international protection.  

Training was given to staff working in reception centres, case handlers and judges. Ukraine 
currently  has  a  reception  capacity  of  100  places  available  in  Odessa  and  130  places  in  the 
Transcarpathian  Oblast.  The  opening  of  a  new  accommodation  centre  in  Yahotyn,  Kyiv 
Oblast with 353 additional places was postponed from this year to 2017. The refurbishment of 

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100 additional places in the Odessa temporary accommodation centre depends on unblocking 
the funds earmarked for this.  

is  not  based  on  grounds  for  detention 

One ongoing point of concern is that the current practice of detaining certain categories of 
law.  On 
asylum  seekers 
10 November 2015, Parliament adopted in first reading a draft law on amendments to the Law 
on  Foreigners,  which  provides  for  the  introduction  of  judicial  decisions  on  the  detention  of 
persons subject to return procedures. Similar safeguards and specific detention grounds could 
be  foreseen  for  the  detention  of  applicants  for  international  protection  who  stay  legally  in 
Ukraine. 

laid  down 

in 

The asylum benchmark is deemed to have been achieved.  

2.3. Block 3: Public order and security 
2.3.1. Preventing and fighting organised crime, terrorism and corruption 

2.3.1.1. Preventing and fighting organised crime 

On  26  May  2015  the  President  of  Ukraine  approved  the  National  Security  Strategy,  which 
aims at defining the  overall vision and direction of the reform process. The Strategy is a 
good step forward.  

The complex reform process of the Ministry of Internal Affairs and the agencies responsible 
for  preventing  organised  crime  is  ongoing.  The  authorities  aim  to  establish  competences  of 
the law-enforcement agencies’ remits clearly, including a clear chain of responsibility for the 
investigation  and  prosecution.  Key  elements  of  the  reform,  such  as  clear  jurisdiction  and 
preventing  functions  overlapping  in  the  fight  against  organised  crime  should  be  further 
followed -up.  

The Ukrainian authorities undertake efforts to reduce the pre-trial investigative powers of 
the  Security  Service  for  intelligence  and  counterintelligence.  On  21  November  2015,  the 
President  signed  the  law  aimed  at  the  optimising  law-enforcement  powers  in  pre-trial 
investigation.  The  competence  on  the  pre-investigative  powers  of  illegal  smuggling  was 
transferred from the Security Service to the Ministry of Interior. The specialization of judges 
and prosecution for organized crime cases has been further considered. 

To ensure effective witness protection, the Ukrainian authorities will consider the allocation 
of  resources  for  the  next  budgetary  period.  A  new  procedure  for  cooperation  on  witness 
protection issues and consistent application of witness protection orders is envisaged.  

The  preventing  and  fighting  organised  crime  benchmark  is  deemed  to  have  been 
achieved.  

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2.3.1.2. Trafficking in human beings 

Ukraine  has  taken  a  number  of  significant  steps  to  develop  an  anti-trafficking  policy  and 
actions,  through  the  adoption  of  a  new  State  Program  to  Combat  Trafficking  in  Human 
Beings, which is scheduled to enter into force on 1 January 2016.   

The  Ministry  of  Social  Policy  holds  consultations  with  other  authorities  and  international 
organisations; however, an assessment of the reasons for the decrease in identified victims 
and a better monitoring of emerging trends is still work in progress.  

The  numbers  of  victims  identified  continues  to  be  very  low.  As  of  19  November,  the 
Ukrainian  authorities  granted  the  status  of  victim  of  trafficking  (VOT)  to  140  people:  60 
women, 59 men and 21 minors. 

The  Ukrainian  authorities  introduced  a  formal  procedure  for  identifying  victims  but  the 
identification  relies  on  the  victims  themselves  applying  for  identification.  A  national 
mechanism  to  facilitate  cooperation  between  relevant  bodies  involved  in  combating 
trafficking  in  human  beings  (THB)  was  also  set  up.  The  current  anti-trafficking  system 
focuses on Ukraine as a country of origin and only a few foreign victims of trafficking have 
been formally identified. Further attention should be paid to internal trafficking, especially in 
relation to internally displaced persons.  

The monitoring system for the existing action plan still needs to be implemented as does 
evaluation  from  2016  onward.  This  should  include  a  clear  role  for  non-governmental 
organisations,  and  sufficient  funds  for  their  effective  participation.  Ukraine  would  benefit 
from introducing a unitary statistical national monitoring system in the improving the process 
of identification of victims. 

Ukrainian  authorities  envisaged  funding  under  the  national  referral  mechanism  for  the 
NGOs.  Training  for  officials  on  their  role  and  responsibilities  in  relation  to  the  victim 
identification process has been improved. 

The trafficking in human beings benchmark is deemed to have been achieved.  

2.3.1.3. Preventing and fighting corruption 

The progress noted in  the fifth  report on anti-corruption  policies,  particularly the legislative 
and institutional progress, has continued. The adoption by the Parliament, on 8 October 2015 
of legislative packages covering aspects of the report's recommendations, is an important step 
forward.  Civil  society  continued  to  play  a  key  role  in  moving  the  anti-corruption  agenda 
forward. 

The National Anti-Corruption Bureau (NABU) was created, its head was appointed on 16 
April 2015 following an open and competitive selection process, and around 100 investigators 
have been recruited and trained. The establishment of the NABU is therefore well-on track. 
However,  the  NABU  cannot  be  fully  operational  without  a  specialised  anti-corruption 
prosecution office.  

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While the setting-up of this new specialised anti-corruption prosecution office has begun, it 
nevertheless remains to be ensured that its independence and integrity are recognised beyond 
doubt.  Shortcomings  in  the  selection  process  for  the  leadership  of  the  anti-corruption 
prosecution office such as the lack of objective track-record criteria for the nomination of the 
members of the selection committee and the candidates, highlighted the need for the relevant 
legal and institutional framework to be further improved in order to fully ensure the office's 
independence and integrity. To this end, the selection, appointment and dismissal procedures 
for  the  office’s  leadership  and  staff  must  follow  stricter  independence  and  integrity 
safeguards. The specialised anti-corruption prosecution office should become operational as a 
matter  of  top  priority;  it  is  an  indispensable  component  of  an  effective  and  independent 
institutional  framework  for  combating  high-level  corruption.  On  30  November,  the  General 
Prosecutor appointed the head of the specialised anti-corruption prosecution.  

There  has  been  progress  in  setting-up  of  the  National  Agency  for  the  Prevention  of 
Corruption  (NAPC),  especially  since  the  new  election  of  the  Agency's  board  which  took 
place on 28 August 2015. The Government is expected to approve the five-member board in 
December 2015. The law on prevention of corruption, adopted in October 2014 entered into 
force on 26 April 2015. It provides for mechanisms to check asset declarations. These tasks 
will  be  performed  by  the  NAPC.  The  NAPC  will  also  administer  the  web-portal  of  asset 
declarations,  which  is  currently  being  developed.  A  law  on  political  parties  financing  was 
adopted in 8 October 2015. A draft law on the National Asset Recovery Office (ARO) and the 
Asset Management Office (AMO) passed first reading in Parliament on 8 October 2015. On 
10 November, Parliament adopted in second reading a set of laws aimed at improving asset 
recovery procedures. Specifically, the draft laws: on ARO and AMO, on asset seizure and on 
special  third-party  confiscation.  In  the  form  proposed  by  the  Government,  the  draft  laws 
envisaged the establishment of an Asset Recovery Office which also comprised management 
functions concerning frozen and confiscated assets, as well as provisions on the freezing and 
confiscation  process.  A  number  of  amendments  to  the  text  in  Parliament  have  limited  the 
Agency's  functions  of  active  management  of  the  seized  assets,  as  well  as  the  provisions  on 
seizure and confiscation. 

Progress made on legislative and institutional aspects can only bring significant end results if 
fully implemented.  

The Ukrainian leadership committed to: 

- ensure that the National Anti-Corruption Bureau and specialised anti-corruption prosecution 
are fully operational in the first quarter 2016; 

- ensure by the first quarter 2016 independence and integrity of the specialised anti-corruption 
prosecution office, including through amendments to the Law "On Prosecution" appropriate 
safeguards for the selection and dismissal of the office’s leadership; 

- ensure that the National Agency for Prevention of Corruption is fully operational in the first 
quarter 2016 and verification of assets and potential conflicts of interests of public officials in 
areas and positions most vulnerable to corruption will be launched immediately after; 

7 

 
 
 
 
 
 
 
 
 
 
-  improve  the  institutional  capacity  on  recovery  and  management  of  assets  and,  in  the  first 
quarter  of  2016,  adopt  legislation  on  procedures  concerning  seizure  of  assets  and  special 
confiscation with a view to make the Asset Recovery Office fully effective;  

- ensure in the State Budget for 2016 and onwards the necessary financial resources for the 
well-functioning  anti-corruption  institutional  framework,  including  the  National  Anti-
Corruption Bureau. 

Based  on  these  commitments,  the  anti-corruption  benchmark  is  deemed  to  have  been 
achieved. 

2.3.1.4. Money laundering and financing of terrorism 

The  National  Bank  of  Ukraine  (NBU)  took  measures  against  banks  which  do  not  disclose 
ultimate  beneficial  ownership  and  ensure  effective  client  identification.  As  of  5  October 
2015, 132 out  of 135 commercial banks had disclosed their ownership in line with  the new 
regulations. A special unit was created in the NBU, to monitor beneficial owners. By the end 
of December 2015, the NBU planned to finalise a risk-based off-site and on-site anti-money 
laundering supervisory tools focusing on risk related to domestic politically exposed persons. 

A specialised unit to coordinate investigations into money laundering and terrorism financing 
was set up on 2 September 2015 in the Department of Supervision in Criminal Proceedings of 
the  Prosecutor  General.  The  unit  is  tasked  with  coordination  of  investigations  in  cases  of 
money laundering and terrorism financing. The operational functioning of this unit should be 
further monitored.  

All online services that do not have client identification or monitor the origin of the money 
must be seen as a risk. The NBU is making efforts to regulate payment systems not offered by 
banks.  It  also  cooperates  with  law  enforcement  authorities  to  ensure  compliance  with 
legislation by those payment systems that are not in the NBU. It is also important to highlight 
that the Prosecutor Office brought charges and began criminal investigation into webmoney 
agents suspected of money laundering. 

The money laundering benchmark is deemed to have been achieved.  

2.3.1.5. Drugs 

The National Anti-Drug Strategy and its related action plan is being implemented through 
the second action plan for the period 2015-2020.  

The  authorities  considered  consolidating  the  provisions  regulating  drugs  in  a  single  legal 
instrument. This will help to harmonise the legislation of Ukraine on drugs. The Ministry of 
Health ensures cooperation with other drug policy institutions that participate in implementing 
state  policy  on  drugs  control  on  regular  basis.  As  part  of  the  Action  Plan  for  2015  on  the 
implementation Strategy of Drug Policy in 2020, the Ministry of Internal Affairs is involved 
in  implementing  of  planned  measures  together  with  the  Security  Service,  the  State  Border 

8 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Guard  Service,  and  the  State  Fiscal  Service,  including  conducting  operative-preventive 
measures to detect and seize drugs, psychotropic substances, their analogues and precursors, 
and toxic and potent drugs. Between 1 January and 9 November 2015 the SBGS seized more 
than 200kg of drugs. 

The anti-drug benchmark is deemed to have been achieved.  

2.3.2.  Judicial cooperation in criminal matters 

The  judicial  cooperation  in  criminal  matters  benchmark,  which  was  deemed  to  have  been 
achieved in the fifth progress report, has remained achieved. 

2.3.3.  Law enforcement cooperation 

Regarding  inter-agency  cooperation,  reform  of  the  Ministry  of  Internal  Affairs  is  still 
ongoing.  By the end of 2015, the Ministry is planned to be transformed into a civilian body, 
whose  main  purpose  is  to  form  a  consistent  state  policy  on  internal  affairs  and  direct  the 
activities of other agencies (the National Police, the National Guard, the State Border Guard 
Service,  the  State  Migration  Service  and  State  Emergency  Service).    On  2  July  2015,  the 
Parliament adopted the Law of Ukraine “On the National Police”, which entered into force on 
7  November  2015.  The  law  envisages  the  optimisation  of  the  National  Police,  a  clear 
separation of structural powers, the elimination of duplicate functions in line with European 
standards. The Ministry's reform efforts in this regard are very positive. 

The exchange of information between law enforcement agencies is being carried out using the 
"Arkan"  system  -  an  integrated  interagency  information-telecommunication  system  on  the 
control of persons, vehicles and goods crossing the state border. 

The procedure for the conclusion of a Europol operational agreement is very advanced. On 
11 March 2015 a Memorandum of Understanding was signed by the Ukrainian Party and on 
19 March the document was signed by Europol. On 4 June, Parliament adopted a law ratifying 
the  Memorandum  of  Understanding  between  Ukraine  and  Europol  on  establishing  a  secure 
communication  channel;  the  law  came  into  force  on  13  July.  The  decision  to  launch 
negotiations  on  signing  the  Agreement  on  Operational  Cooperation  was  made  by  the 
Management  Board  of  Europol  on  7  October  2015.  Currently  the  Ukrainian  Bureau  of 
Interpol  is  conducting  negotiations  with  Europol  to  begin  work  on  establishing  the  SIENA 
secure  communication  channel.  The  Serious  Organised  Crime  Threat  Assessment 
(SOCTA) for Ukraine is carried out using Europol's methodology.  

International cooperation with Ukraine's law enforcement bodies is provided through Interpol 
and Europol channels for the prevention, detection and investigation of criminal offences. 

The law enforcement cooperation benchmark is deemed to have been achieved.  

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2.3.4.  Data protection 

The  Ukrainian  authorities  have  been  satisfactorily  implementing  the  law  on  protection  of 
personal data and the independent data supervisory authority operates efficiently.  

The budget of the Ombudsman’s Secretariat was increased by UAH 7 million (25%) and 
was allocated to three departments of the Secretariat: Data Protection Department, the Non-
Discrimination Unit and the Unit for Access to Public Information.  

The data protection benchmark is deemed to have been achieved.  

2.4. Block 4: External relations and fundamental rights  

Despite  the  continuous  substantial  external  and  internal  challenges  which  the  country  is 
facing, Ukraine has made substantial progress in this area over a short period of time.  

2.4.1 Freedom of movement within Ukraine 

HIV/AIDS  infection  was  excluded  from  the  list  of  contagious  diseases  by  order  of  the 
Ministry  of  Health  No.  329  of  11  June  2015.  This  means  that  HIV/AIDS  status  cannot  be 
invoked  to  refuse  immigration  permits.  The  Ukrainian  authorities  have  gradually  improved 
the  application  of  the  legal  framework  for  access  to  and  from  the  territories  not  under 
government control and have introduced measures simplifying the crossing of the contact line.  

The benchmark is deemed to have been achieved. 

2.4.2 Conditions and procedures for the issuance of travel and identity documents 
This benchmark was deemed achieved in the fifth progress report. 

2.4.3 Citizens’ rights, including protection of minorities 

Ukraine  has  demonstrated  a  strategic  approach  to  developing  the  capacity  of  the  equality 
institution, the key institution dealing with anti-discrimination issues. The number of its staff 
has  been  increased  to  15;  the  2015  budget  and  the  forecast  for  the  2016  budget  indicate 
significantly  higher  allocations.  The  institution  continued  to  implement  the  strategy  and  the 
action  plan  on  preventing  and  combating  discrimination  in  Ukraine  2014-2017.  Several 
awareness-raising  campaigns  were  launched  by  the  equality  institution  and  relevant 
ministries.  The  President  adopted  the  national  human  rights  strategy  on  25  August  2015, 
which  includes  sections  on  anti-discrimination.  Ukraine  continued  to  implement  at  a 
reasonable  level  the  legal  framework  on  the  protection  of  persons  belonging  to  national 
minorities. Significant progress was made on delivering training on anti-discrimination to law 
enforcement  officials,  prosecutors  and  judges  with  a  more  systematic  and  permanent 
approach. Since Ukraine committed in annex XL to article 21 of the Association Agreement 
to approximating its legislation with EU antidiscrimination directives, the recommendation of 
the last progress report on the improvements of the antidiscrimination law would be deemed 
fulfilled provided the action plan on the implementation of the national human rights strategy 
includes identified gaps and indicates a limited time for their redress. Parliament also adopted 
on 12 November amendments to the Labour Code which explicitly prohibit discrimination on 

10 

 
 
 
 
 
 
 
 
 
 
 
 
 
the  basis  of  sexual  orientation.  They  were  signed  by  the  President  on  21  November  and 
entered  into  force  on  27  November.  Subsequent  legislation  in  this  area,  such  as  the  new 
Labour  Code  which  is  pending  adoption  in  the  Parliament,  will  need  to  guarantee  the  same 
prohibition. 

The benchmark is deemed to have been achieved. 

3. OVERALL ASSESSMENT AND NEXT STEPS 

Since  the  launch  of  the  EU-Ukraine  Visa  Liberalisation  Dialogue  in  October  2008  and  the 
presentation to the Ukrainian authorities of the Action Plan on Visa Liberalisation (VLAP) in 
November  2010,  the  Commission  has  regularly  reported  to  the  European  Parliament  and  to 
the Council on the progress made by Ukraine in fulfilling the benchmarks identified under the 
four blocks of the first and second phase of the VLAP. 

The  Commission  has  also  continued  to  monitor  the  progress  made  by  Ukraine  in  relevant 
areas of the VLAP through: 

  the Senior Officials Meeting of the EU-Ukraine Visa Dialogue; 
  the EU-Ukraine Joint Visa Facilitation Committee; 
  the EU-Ukraine Joint Readmission Committee; 
  the EU-Ukraine Subcommittee on Justice, Freedom and Security; 
  and the EU-Ukraine Human Rights Dialogue. 

At  the  last  Visa  Facilitation  Joint  Committee  held  on  23  April  2015  and  attended  by 
representatives  of  EU  Member  States,  the  Commission  noted  that  implementation  of  the 
amended  Visa  Facilitation  Agreement  was  very  satisfactory  overall.  A  recent  consultation 
held  on  6  May  with  Member  States  confirmed  that  the  implementation  of  the  Readmission 
Agreement continued to proceed with overall satisfaction.  

The EU-Ukraine Visa Dialogue has proved to be an important and particularly effective tool 
for  advancing  far-reaching  and  difficult  reforms  in  the  Justice  and  Home  Affairs  area 
and beyond, impacting on areas such as the rule of law and justice reform. These issues are 
monitored  in  other  dialogue  frameworks,  such  as  the  Association  Committee  and  the 
Association Council and will also be monitored in the context of the Association Agenda. 

The  progress  achieved  by  Ukraine  in  all  areas  covered  by  the  four  blocks  of  the  VLAP  is 
steady  and  effective.  It  demonstrates  the  commitment  and  constant  efforts  of  the  Ukrainian 
Government and all state institutions that have made the fulfilment of the VLAP benchmarks 
a top national priority. 

Ukraine  allocated  appropriate  financial  and  human  resources  to  ensure  that  reforms  are 
sustainable. The EU is also contributing to this process, having already allocated over EUR 35 
million for the construction and equipment of temporary holding facilities for illegal migrants 
(READMIT project), budget support for integrated border management (EUR 60 million) and 
substantial  support  through  technical  assistance  and  budget  support  for  the  fight  against 
corruption (approximatively EUR 30 million).  

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The  continuous  implementation  of  the  VLAP-related  reforms  will  continue  being  supported 
by the upcoming large package of migration support projects which will cover comprehensive 
capacity building and an upgrade of information management systems for the State Migration 
Service,  the  State  Border  Guards  and  the  Courts  dealing  with  migrants  cases  (EUR  28 
million).  Further  initiatives  supporting  anticorruption  and  law  enforcement  are  under 
preparation. 

It is also essential to continue organising targeted information campaigns aiming to clarify the 
rights  and  obligations  entailed  in  visa-free  travel  to  the  Schengen  area  and  in  the  rules 
regulating access to the EU labour market.  

Five  progress  reports  on  the  implementation  of  the  VLAP  have  been  presented.  The  fifth 
progress  report  confirmed  that  given  the  exceptional  circumstances  the  progress  achieved 
under the four blocks of the VLAP has been noteworthy. Further, it stated that fulfilling the 
actions  required  in  the  report  would  ensure  Ukraine's  fulfilment  of  all  benchmarks  for  the 
second phase of the VLAP. 

The  Commission  considers  that  since  then  Ukraine  has  made  the  necessary  progress  and 
undertaken  all  the  required  reforms  and  commitments  to  ensure  effective  and  sustainable 
achievement  of  the  remaining  benchmarks.  All  the  measures  identified  in  the  fifth  progress 
report have been addressed in order to ensure that the legislative and policy framework, the 
institutional and  organisational  principles, and the implementation of procedures throughout 
the  four  blocks  comply  with  European  and  international  standards.  The  Commission  will 
continue to monitor the implementation of ongoing reforms, in fields such as, anti-corruption, 
trafficking in human beings and organised crime.  

Based  on  this  assessment  and  the  commitments  taken,  and  given  the  outcome  of  the 
continuous  monitoring  and  reporting  carried  out  since  the  launch  of  EU-Ukraine  Visa 
Liberalisation Dialogue in October 2008, the Commission considers that Ukraine meets all 
the  benchmarks  set  in  respect  of  the  four  blocks  of  the  second  phase  of  the  VLAP. 
Taking  into  account  overall  relations  between  the  EU  and  Ukraine,  the  Commission  will 
present, early 2016, a legislative proposal to amend Regulation (EC) No 539/2001. 

The Commission will continue actively to monitor Ukraine's continuous implementation 
of  all  benchmarks  under  the  four  blocks  of  the  VLAP  through  the  existing  association 
structures and dialogues, and, if necessary, through ad hoc follow-up mechanisms.  

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