Opinion of the European Committee of the Regions – Enlargement package 2023 – Ukraine, Moldova and Georgia (Own-initiative opinion)
Date: 2024-04-17
Institutions: Commission for Citizenship, Governance, Institutional and External Affairs, European Committee of the Regions
Subjects: European Union membership, Georgia, Moldova, Ukraine, accession criteria, accession negotiations, pre-accession strategy, regional cooperation








C_202403662EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/3662


26.6.2024







Opinion of the European Committee of the Regions – Enlargement package 2023 – Ukraine, Moldova and Georgia

(Own-initiative opinion)
(C/2024/3662)














Rapporteur



:


Antje GROTHEER (DE/PES), President of Bremen City Parliament





Reference document



:


Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – 2023 Communication on EU Enlargement Policy
COM(2023) 690, SWD(2023) 697-699









POLICY RECOMMENDATIONS

THE EUROPEAN COMMITTEE OF THE REGIONS (CoR),






1.


welcomes the European Council’s decision of 14 December 2023 to open accession negotiations with Ukraine and the Republic of Moldova, and to grant candidate country status to Georgia on the understanding that the Commission recommendation of 8 November 2023 is implemented. This decision acknowledges the commitments taken by these countries on their path towards EU membership and represents a further milestone in the process of a merit-based accession. The CoR expects this realistic accession perspective to boost a transformative reform agenda towards fulfilling the accession criteria in these countries, including in relation to multi-level democracy, the rule of law, and approximation with the single market and with economic, social and territorial cohesion, thereby providing these countries with a perspective for a more equitable, inclusive, and prosperous future in the European Union;










2.


stresses that the enlargement process involving these three countries, which are each in their own way exposed to Russian aggression, is an expression of their right to self-determination and is in the geopolitical interest of the European Union and part of rebuilding a wider European peace order. Enlargement should be understood as an investment in the Union’s security and credibility, the prospect of a more cohesive European continent, progress in the implementation of the Sustainable Development Goals (SDGs) at a larger scale, and in the shared benefits of an extended single market;










3.


welcomes that this investment is substantiated by the EU institutions’ agreement on the establishment of the Ukraine Facility, which has to be deployed as soon as possible, and should enable Ukraine to anticipate the application of the principles of EU regional policy. Against the background of the World Bank’s latest Rapid Damage and Needs Assessment of at least EUR 452,8 billion over the next decade for Ukraine’s recovery and reconstruction, the CoR concurs with the European Parliament (1) in drawing the conclusion that the funds provided for under the Ukraine Facility will not be sufficient and calls for the EU and its Member States to commit to additional long-term financing for Ukraine. The CoR also considers that the threats by Russia to which Moldova and Georgia are exposed call for increased financial support from the European Union;










4.


concurs with the European Council conclusions of 15 December 2023 stating that aspiring members need to step up their reform efforts, notably in the area of rule of law, in line with the merit-based nature of the accession process and with the assistance of the EU. In parallel, the Union needs to lay the necessary internal groundwork and reforms, notably in order to ensure the smooth and efficient functioning of EU institutions and policies, which is currently put under pressure by the use of unanimity in relation to the enlargement process. Following up on the Conference on the Future of Europe, the CoR therefore reiterates its view that this groundwork would entail a reform of the EU Treaties. The CoR also calls for a greater involvement of the local and regional authorities in the discussions on the ways to reset and achieve the EU’s long-term ambitions in the light of the enlargement challenge;










5.


stresses that an inclusive enlargement process should build on the involvement of local and regional authorities in the candidate countries and in the European Union, given their fundamental role in implementing EU policies and legislation and in maximising the impact of EU funding programmes. Moreover, the enlargement process would strongly benefit from peer-to-peer cooperation at regional and local level, notably on technical assistance and capacity building for public administrations, on support for access to EU funding programmes and setting up investment schemes, and on approximation with the acquis communautaire and citizen exchanges. In this context, the CoR highlights the role of macro-regional strategies, such as the EU strategy for the Danube Region or a future dedicated strategy for the Carpathians, as drivers for European integration and territorial cohesion;










6.


takes note of European Commission communication on Pre-enlargement reforms and policy reviews of 20 March 2024 (2), which announces that in depth policy reviews will take place in early 2025 only. The CoR concurs with the Commission’s approach of gradual integration and also considers that the 2004 and 2007 enlargements are a successful model to follow, including for the gradual phasing-in and capping mechanisms in the Common Agricultural Policy and in cohesion policy. The CoR draws attention to the fact that several studies have already concluded on the feasibility of enlargement (in particular with regards to Ukraine), taking into consideration the different capping mechanisms, absorption capacity and our experiences using the staged approach, which was the approach used for both the 2004 and 2007 enlargements (3). At the same time, the CoR stresses that the impact assessment cannot just be based on an extrapolation of the status quo, since many policy fields, including cohesion policy and the common agricultural policy, need to be reformed regardless of the enlargement challenges. The CoR draws attention to the early 2024 launch of its own study on the institutional and policy impact of future EU enlargement;










7.


suggests strengthening country coordination exchanges at all levels among Georgian, Moldovan and Ukrainian public servants and elected officials. This will enhance the visibility of implemented reforms, facilitate the exchange of experiences, and address the common challenges faced by the ‘Eastern trio’, thus fostering a united approach;










8.


highlights the vital importance of supporting and promoting local democracy and autonomy in the ‘Eastern trio’ countries, based on the European Charter of Local Self-Government, thus also stressing the significance of the EU’s enlargement and pre-accession policies in reaching out to people through their trusted layer of local authorities;










9.


while sharing the Commission’s assessment that the limited administrative capacity of implementing authorities and beneficiaries in candidate countries and potential candidates will create challenges for absorption and the quality of investment and that territorial convergence will have to be a priority objective, the CoR regrets that the Commission does not mention the pivotal role to be played in this regard by local and regional authorities in the candidate countries.










10.


reiterates the need for more efficient communication, including at local and regional levels, in order to counter disinformation and highlight the benefits of a future EU enlargement and subsequent EU integration, notably by highlighting the tangible benefits of previous enlargements;










11.


continuing with its 10-point support package for Ukraine (4), commits to:






—


engaging in bilateral cooperation with local and regional representatives from the ‘Eastern trio’ by laying the ground for the launch of Joint Consultative Committees;










—


granting ‘pre-observer’ invitations for the local and regional representatives of these countries, to get them acquainted with the CoR work and networks;










—


including these countries in the Young Elected Politicians (YEP) programme;










—


organising training programmes for local and regional officials (notably via the existing Natolin4Capacity Building programme and TAIEX), short-term study visits, internships and hosting seconded-national-expert-like programmes, while pursuing an Eastern Partnership Academy for public administration. In this context, the CoR will continue its preparatory work for establishing an Eastern Partnership Academy for public administration at local and regional levels, notably through a feasibility study to be carried out in the first half of 2024;









Ukraine







12.


endorses the European Council’s ‘unwavering commitment to continue to provide strong political, financial, economic, humanitarian, military and diplomatic support to Ukraine and its people for as long as it takes (5)’;










13.


encourages Ukraine, together with its partners from the European Alliance of Cities and Regions for the Reconstruction of Ukraine (6), to pursue decentralisation reforms and capacity building for local and regional authorities, which would entail:






—


clarifying, by law, the criteria for establishing a large number of military administrations at local level in the context of the martial law and for restoring local self-government in the liberated territories and those near the frontlines, where the security situation allows democratically elected bodies to perform their tasks. Local self-government should be gradually restored where the security situation allows it;










—


further delineating powers between central and local levels and putting in place appropriate internal structures for municipal administrations;










—


introducing the concept of a territorial public entity as a legal person, which is the established practice in the EU and recognised in the European Charter of Local Self-Government;










—


not enacting either the draft law on urban planning in its current form or its separate norms through the by-laws, as this creates integrity risks resulting from delegating excessive control powers in urban planning control from public to private entities and leads to the disempowerment of local authorities;










—


strengthening the local fiscal base to avoid the disproportionate financial vulnerability of municipalities. This can be done through a fair distribution of personal income tax to municipalities where the taxpayers actually reside, and through a necessary extension of sources of local taxation;










—


prioritising the use of transparent mechanisms for distributing foreign aid and budget funds, in particular for strengthening local resilience and providing care, rehabilitation and social protection for the most vulnerable groups;














14.


with regard to the reconstruction process, in order to prepare the approximation of Ukraine with EU regional policy, reiterates (7) that the Ukraine Facility should:






—


apply the partnership principle, as defined in the European code of conduct on partnership in the framework of the European Structural and Investment Funds;










—


include the Ukrainian local and regional authorities and their associations in the design and implementation process of the Ukraine Plan under the Ukraine Facility;










—


build on regional strategies at NUTS 2 level in the Ukraine Plan, and take particular account of the situation in terms of regional exposure to the war and of specific cohesion challenges and regional needs for recovery and reconstruction;










—


apply the ‘building back better’ principles according to the OECD's guidelines, with a view to further approximating Ukraine with the implementation of the SDGs and the European Green Deal, and supporting actions aimed at redressing the environmental damage caused by the war, as well as repairing the devastation and eliminating the obstacles to development caused by land mines;










—


apply a gender focused approach in preparation, design, budgeting, execution and the overall decision making of reconstruction programmes, in order to ensure an inclusive and resilient recovery of Ukraine.




The CoR also requests that a territorial component be included in the Multi-agency Donor Coordination Platform, with the European Alliance of Cities and Regions for the Reconstruction of Ukraine playing a coordinating role in this component. Finally, the CoR expects the Ministry for Restoration to encourage a decentralised recovery and reconstruction process, based on the systematic and coordinated involvement of local and regional self-governments and authorities and their associations in policy design and implementation;










15.


stresses that the war, and the likelihood that over 20 % of refugees (many who are working-age Ukrainians and their children) will not return after the war, has significantly worsened Ukraine’s negative demographic outlook, to the extent that a shortage of labour, particularly in certain parts of the country, is highly likely to be one of the main challenges of post-war reconstruction (8). The CoR therefore highlights the need to create conditions for the return and (re-)integration of displaced people and to prioritise investments in human capital, in particular education, vocational training, upskilling and support for youth, women, veterans and their families and internally displaced persons. It would also be prudent to review and adopt a new national migration policy, which would provide responses to current challenges associated with the massive outflow of people from Ukraine and the related labour shortages;










16.


acknowledges that since the release of the Commission’s recommendation to the Council to open accession negotiations on 8 November, the Ukrainian Parliament has adopted (on 8 December 2023) three draft bills: (1) amending specific laws on minority rights to incorporate the Council of Europe’s expert assessment; (2) strengthening the National Anti-Corruption Bureau and the autonomy and independence of the Specialised Anti-Corruption Prosecutor’s Office (SAPO); and (3) expanding the powers of the National Agency on Corruption Prevention;










17.


in relation to the fight against corruption, considers the adoption of a law regulating lobbying (in line with European standards) and the consistent continuation of the reforms of the judiciary and state procurement to be the highest priorities;










18.


in relation to minority rights, welcomes the fact that the new law stipulates that people belonging to national minorities (communities) of Ukraine, whose languages are official languages of the European Union, and who began their general secondary education before 1 September 2018 in the language of the corresponding national minority (community), will have the right to continue to receive such education until the completion of their full secondary education, in accordance with the rules that applied before the law on protecting the functioning of the Ukrainian language as the state language entered into force; The CoR considers the law as a very positive step in minority legislation and expects Ukraine to pursue its agenda of protecting the rights of national minorities and ensure the effective participation of national minorities in political, economic and social life in line with the Council of Europe’s Framework Convention for the Protection of National Minorities (FCNM);










19.


stresses that the reintegration of territories currently under Russian occupation will require careful attention in terms of implementing fundamental rights. This should be done in the form of an update to the national human rights strategy and its action plan;










20.


regarding public administration reform, expects the recently adopted law on service in local self-government to bring real steps towards a merit-based recruitment and selection procedures and salary reform also for officials at local and regional levels. The need for considerable technical assistance for Ukraine’s public administration in the EU accession process requires an increase of the third pillar of the Ukraine Facility;










21.


welcomes the action plan for the implementation of the national civil society strategy containing 43 tasks aimed at improving the system for public participation in government policy-making, creating an enabling environment for independent and diverse civil society development and promoting the participation of civil society organisations (CSOs) in the social and economic development of Ukraine, in locally led sustainable development programmes and in support of the needs of the most vulnerable communities;










22.


reiterates its support to the establishment of a Joint Consultative Committee with Ukraine, upon request of the Ukrainian government and on the basis of an official declaration of the EU-Ukraine Association Council;





Moldova







23.


pays tribute to the tremendous efforts undertaken by Moldova on the path towards European integration in extremely hard circumstances. This includes welcoming the highest number per capita in Europe of refugees from Ukraine fleeing Russia’s aggression, inflation, threats to energy supplies and hybrid attacks, such as information manipulation and cyberattacks;










24.


calls on Moldova to advance with reforms of local government, in particular in relation to fiscal decentralisation and measures to implement the law on voluntary amalgamation adopted in July 2023, aimed at improving the viability and capacity of local administrations and public service delivery;










25.


expects Moldova to ensure that anti-corruption institutions function within a clear organisational structure and with adequate resources. Moldova should continue updating and implementing the ‘de-oligarchisation’ action plan, notably in the light of the Commission’s conclusion that independent and regulatory agencies in Moldova are still prone to be influenced by private interests and by the bodies or industries they are supposed to regulate;










26.


stresses that while a significant number of new positions were created to strengthen the capacity of the public administration to prepare for EU accession, and while salaries increased for certain categories of public servants, Moldova’s public administration still suffers from a chronic shortage of qualified human resources and a dysfunctional system for the professional development of local civil servants. Investing in further reforms and addressing issues with gender equality in the public administration must therefore be priorities in Moldova’s accession process;










27.


urges Moldova to increase its efforts to implement the programme in support of Roma people for 2022-2025;










28.


points to the fact that a large part of the Moldovan population already holds EU citizenship, and therefore expects positive spill-over effects on Moldova’s capacity to meet the requirements on the free movement of persons and EU citizenship;










29.


encourages the Moldovan government to submit a request to the EU-Moldova Association Council for the establishment of a Joint Consultative Committee between the CoR and Moldovan local authorities;





Georgia







30.


identifies the deep political polarisation, the lack of effective cross-party cooperation and widespread disinformation regarding the EU as the main stumbling blocks on Georgia’s path to European integration. The CoR therefore calls on Georgia to address all shortcomings identified by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and the Venice Commission, and notably to further improve the electoral framework;










31.


considers that Georgia must prioritise inclusive policymaking and bolster participatory democracy measures at the local level. Direct citizen involvement in local decision-making process is crucial to effectively minimise political influence. This can be achieved by significantly strengthening the competencies of local councils and granting them greater authority, particularly related to local budget management, in order to rebalance power dynamics. It is essential for mitigating political polarisation and preventing direct interference of the central government in mayors’ decisions. Moreover, the CoR shares most serious concerns about the possible resubmission of a draft law on the ‘Transparency of Foreign Influence’, inspired by the Russian law on foreign agents. Such a law would put at risk media freedom and the autonomy of civil society organisations, which are prerequisites for a functional democracy and for Georgia’s EU accession process.










32.


highlights the fact that Georgia to still needs to pursue a holistic and effective reform of the judicial system, addressing some of the Venice Commission key recommendations, in order to ensure effective independence, accountability and impartiality;










33.


expresses concern about Georgia’s withdrawal from the OECD anti-corruption network, but welcomes the adoption of an amended action plan on ‘de-oligarchisation’, building on prior Venice Commission recommendations, and of the 2023-2024 action plan for the fight against organised crime;










34.


underlines that Georgia’s public administration suffers from fragmentation and limited standardisation, and would need to undergo a significant digital transformation. However, the CoR welcomes the fact that provisions strengthening local governance and municipal services were included in the 2020-2025 decentralisation strategy, the public administration reform strategy and action plan, and the 2030 national development strategy-vision;










35.


highlights that despite the well-designed decentralisation strategy in Georgia, the ongoing implementation process requires additional tools for effective monitoring. The current implementation, led solely by the national government, must be diversified with more tools. A parallel and independent monitoring process is imperative to track the implementation and measure the results of decentralisation and public administration reforms;










36.


emphasises that public procurement procedures need to be aligned with the EU legislation in order to effectively implement EU programmes providing funding for different objectives related to local and regional development. This is especially crucial due to evident skills gap regarding project management at local level;










37.


believes that anti-discrimination legislation should be strengthened and more decisive measures taken to address and prevent hate speech and hate crimes. A national strategy to fight all forms of hatred and discrimination and to protect ethnic and religious minorities is needed;










38.


welcomes the fact that Georgia has addressed the European Union’s recommendations on the need to enhance gender equality and fight violence against women, but remains concerned that despite the introduction of gender quotas, women remain under-represented in public office (9);










39.


stresses the need to further strengthen structured dialogue mechanisms with CSOs, notably by putting in place a mechanism for public online consultations or contributions for draft laws or policy documents. The CoR regrets that the European Commission report seems to amalgamate CSOs with local and regional authorities.






Brussels, 17 April 2024.


The President


of the European Committee of the Regions

Vasco ALVES CORDEIRO
               





(1)  The need for unwavering EU support for Ukraine, after two years of Russia's war of aggression against Ukraine - Thursday, 29 February 2024
            https://www.europarl.europa.eu/doceo/document/TA-9-2024-0119_EN.html.

(2)  
            https://commission.europa.eu/publications/communication-pre-enlargement-reforms-and-policy-reviews_en.

(3)  Jacques Delors Institute Policy Paper, What does it cost? Financial implications of the next enlargement
, 14 December 2023; CEPS Policy Paper, Emerson, M., The Potential Impact of Ukrainian Accession on the EU’s Budget – and the Importance of Control Valves
, September 2023; WIIW, 
Outlier or not – the Ukrainian economy's preparedness for EU accession
, November 2023.

(4)  
            https://cor.europa.eu/en/events/Documents/13%20-%20FINAL%20CoR%2010-point%20support%20package%20to%20UA.pdf


(5)  
            Conclusions of 15 December 2023.

(6)  
            https://cor.europa.eu/en/engage/pages/european-alliance-of-cities-and-regions-for-the-reconstruction-of-ukraine.aspx.

(7)  Opinion of the European Committee of the Regions — The Ukraine Facility (OJ C, C/2023/1332, 22.12.2023, ELI: http://data.europa.eu/eli/C/2023/1332/oj).

(8)  See WIIW, Tverdostup, M., 
The Demographic Challenges to Ukraine's Economic Reconstruction (wiiw.ac.at), July 2023.

(9)  Only 3 out of 64 municipalities have female mayors.


ELI: http://data.europa.eu/eli/C/2024/3662/oj
ISSN 1977-091X (electronic edition)