AUTENTICIDAD DE PRODUCTOS VEGETALES ECOLÓGICOS

Conflict diplomacy. The parties undertake to work together for the

peaceful resolution of regional conflicts and reaffirm their commitment to the international canons of sovereignty, territorial integrity and the inviolability of borders in accordance with the Charter of the United Nations and the Helsinki Final Act of 1975. The Association Agenda goes further by stating that the parties will make use of the bilateral and multilateral fora to achieve a sustainable political solution for the conflicts caused by Russia’s “illegal activities” on Ukrainian territory.

Examples include the Geneva Joint Declaration between representatives of the EU, the US, Ukraine and Russia (17 April 2014)

and diplomatic efforts undertaken in the ‘Normandy format’ (Germany, France, Ukraine and Russia), which led to the adoption of the Berlin Declaration in July 2014, the Minsk Protocol and Memorandum in September 2014, and the Minsk II declaration of February 2015. The EU has supported these efforts and maintained pressure on Russia by applying targeted and sectoral sanctions. It supports the role given to the Organisation for Security and Cooperation in Europe (OSCE) in overseeing the implementation of the Minsk protocols, with the OSCE Special Monitoring Mission and the OSCE Observer Mission tasked with monitoring the borders and ceasefire agreement.

In parallel, a series of trilateral talks were held between the European Commission, Russia and Ukraine in support of the Package of Measures for the Implementation of the Minsk Agreements and with the aim of “finding practical solutions to Russian concerns about the implementation of the DCFTA”.36 _{Russia raised “concerns” about} customs cooperation, technical barriers to trade (TBTs) and sanitary and phytosanitary issues (SPS). In response, it was agreed to delay the provisional application of the DCFTA until 1 January 2016 while talks continued. However, Russia made various proposals that would have effectively destroyed the DCFTA, or delayed its implementation further. In a series of trilateral meetings, the European Commission and Ukraine sought clarification on the alleged problems for Russia, and offered various formulae to give reasonable reassurances, but no agreement could be reached. The trilateral negotiations were discontinued at the end of 2015, and the DCFTA entered into provisional force on 1 January 2016.

CSDP missions in Ukraine. The EU carries out a Border

Assistance Mission to Moldova and Ukraine (EUBAM), which aims to strengthen border control facilities, including, notably, at the borders of the Transnistrian region of Moldova. It is a contribution to efforts in the 5+2 framework aimed at the resolution of the Transnistrian conflict. Ukraine and the EU are part of the ‘5’ together with Russia, the US and the OSCE; and the ‘2’ consists of Moldova and Transnistria.

The EU has also deployed an Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM). The role of this 160-person strong mission is to provide strategic advice on the planning and implementation of sustainable reforms to the civilian security-sector bodies responsible for the rule of law and law enforcement. Examples of early action include support for the implementation of a new law on

the police, and the sharing of French expertise for an electronic case management system with 400 prosecutors of the Odessa region. The EUAM advises on the reform of the judiciary and public prosecution. In terms of regional outreach, EUAM experts work with the police in the Khmelnytsky and Lviv regions, advise on civil security reform and provide strategic communications advice in the Dnipropetrovsk region, support the law enforcement inter-agency cooperation in the Kherson region, and provide free legal aid in Poltava.

Ukraine in CSDP operations elsewhere. The Association

Agreement envisages Ukraine and the EU cooperating in conflict prevention and crisis management elsewhere in the world. In 2005, Ukraine and the EU adopted a framework agreement facilitating the participation of Ukraine in EU crisis management operations and an agreement on security procedures for the exchange of classified information. Ukraine contributes to the EU-led Naval Military Operation for combating piracy off the east coast of Africa (EUNAVFOR Atalanta). After the annexation of Crimea, Ukraine kept its forces at EUNAVFOR Atalanta’s headquarters but pulled out its frigate ‘Hetman Sahaydachny.’

The Association Agenda calls for consultations with a view to increasing the inter-operability of peacekeeping forces through advancing military and technical cooperation. Ukraine is able to collaborate with CSDP agencies and bodies, including the European Defence Agency, the European Union Satellite Centre and the European Security and Defence College.

Weapons of mass destruction and disarmament. Ukraine and the

EU have also agreed to advance the non-proliferation of weapons of mass destruction, combat terrorism and the illegal arms trade, and cooperate on arms controls, arms export control and arms trafficking, including small arms.

International Criminal Court. The Association Agreement

focuses on the ratification and implementation of the 1998 Rome Statute of the International Criminal Court, which Ukraine has signed.

Implementation perspective

The basic framework for the alignment of Ukraine’s foreign and security policy with that of the EU began to be developed in 2000.37

37 _{See address by the President of Ukraine to the Verkhovna Rada of 6 March}

2001, “On the internal and external situation of Ukraine in 2000” (http://zakon5.rada.gov.ua/laws/show/n0002100-01 (in Ukrainian)).

Since then, the EU and Ukraine have signed several bilateral agreements aimed at strengthening their cooperation. Specifically, they agreed on the Mechanisms for consultations on crisis management (2002), concluded the Agreement on the security procedures for the exchange of classified information (2005) and the Agreement establishing a framework for the participation of Ukraine in the EU-led crisis management operations (2005).38 _{Those steps reflected Ukraine’s} intention to expand cooperation with the European Union, even if the intensity of coordination efforts was uneven due to a variation in positions of subsequent Ukrainian governments.

Russia’s annexation of Crimea and its ‘hybrid’ war in Donbas in 2014 dramatically changed the focus for joint cooperation efforts in the foreign and security policy domains. As Russia officially denied its involvement in the military conflict in Donbas, Ukraine was not able to achieve any de-escalation through bilateral negotiations. The ‘Minsk’ peace process was launched with the support of the EU. Active diplomatic efforts by the EU and its member states, combined with sanctions imposed on Russian individuals and entities, contributed significantly to the reduction of hostilities, which in principle should lead towards a peaceful resolution of the conflict.

Ukraine supports the EU’s sanctions imposed on Russian targets and considers them as a tool to curb the aggression. It joined in certain EU decisions by imposing several sets of sanctions, which included travel bans and asset freezes on individuals and entities responsible for action against Ukraine’s territorial integrity. Ukraine has also imposed an embargo on the import and export of certain goods from/to Russia, including arms and related materials, and it has banned flights of Russian airlines to the country. Ukraine also advocates a tightening of international sanctions against Russia. In December 2015, the Parliament of Ukraine called on the Parliaments of other countries to extend and strengthen sanctions against Russia for organising terrorist acts in Ukraine.39

38 _{MFA of Ukraine. Foreign and security policy, see http://ukraine-}

eu.mfa.gov.ua/en/ukraine-eu/dialogue/foreign-policy.

39 _{Decree of the Verkhovna Rada of Ukraine No. 892-VIII of 11 December 2015,}

“On appeal of the Verkhovna Rada of Ukraine to the Parliaments of foreign states, the European Parliament and the parliamentary assemblies of international organizations to continue and strengthen sanctions against the Russian Federation for organizing terrorist acts in Ukraine” (http://zakon2.rada.gov.ua/laws/show/892-viii (in Ukrainian)).

Building on the Association Agreement, Ukraine intends to enhance the convergence of its foreign policy with the CFSP/CSDP.40 This does not mean that Ukraine is willing to embrace EU positions unconditionally, however. Some approaches proposed by the EU might not be acceptable for Ukraine, for example, over constitutional amendments providing for special rules for local self-government in Donbas, which have been virtually blocked in the Parliament for fear of undermining Ukraine’s sovereignty.

According to the AA implementation plan, Ukraine intends to advance proposals for joint EU-Ukraine positions based on a monitoring of the security situation in Eastern Europe. Ideas for such proposals have been outlined by Ukraine’s Minister of Foreign Affairs Pavlo Klimkin. In November 2015, he expressed the view that giving a membership perspective to the Eastern Partnership countries would strengthen strategic security in Europe.41

EUBAM and EUAM. Ukraine generally views cooperation with

the EUBAM Mission to Moldova and Ukraine as fruitful and valuable, for many reasons. First, it has helped the State Border Guard Service of Ukraine (SBGS) to draft strategic documents, including the Development Strategy of the SBGS and the Integrated Border Management Concept. Second, it provided technical assistance in improving the low level of border and customs standards with procedures to harmonise them with those in EU member states. Third, it has contributed to the development of border infrastructure (border crossing points). Fourth, joint border control operations, carried out at the Transnistrian segment of the Moldova-Ukraine border, were instrumental in fighting cross-border crime. Fifth, a monitoring presence of the EUBAM and its confidence-building measures contributes to ensuring security in that region. Sixth, the EUBAM facilitated development of the cooperation between Ukraine and

40 _{See Cabinet Order No. 847-r, 17 September 2014, “On the implementation of}

the Association Agreement between the European Union and the European atomic energy community and their member states, of the one part, and Ukraine, of the other part” (http://zakon1.rada.gov.ua/laws/show/847-2014- %D1%80 (in Ukrainian)).

41 _{MFA, Pavlo Klimkin’s speech at the Warsaw Security Forum, 5 November}

2015 (http://mfa.gov.ua/ua/press-center/news/41662-pavlo-klimkin-dlya- stabilynosti-v-jevropi-vazhlivoju-je-rishuchisty-u-nadanni-jevropejsykoji- perspektivi-krajinam-skhidnogo-partnerstva (in Ukrainian)).

Moldova, as well as between Ukrainian and EU law enforcement bodies.42

Views on the EUAM, which started working in December 2014, are more mixed.43 _{On the one hand, the mission’s work is considered} as beneficial by its Ukrainian counterparts. EUAM assists in developing strategic documents and bills for a number of government bodies, including the Ministry of the Interior, the SBGS and the National Security and Defence Council. The mission also provides technical assistance and facilitates communication between Ukrainian officials and their counterparts in Brussels. On the other hand, EUAM’s mandate and operational capacity are considered to be insufficient. In certain cases, EUAM has declined to provide assistance, arguing that its mandate is advisory, not operational. Ukrainian bodies would also like the mission staff to include more experts from Eastern Europe with experience in dealing with post-Soviet law enforcement problems (e.g. the nexus of organised crime and law enforcement bodies).

EU-led crisis management operations. Ukraine is willing to take

measures to enhance military and technological cooperation with the EU. Ukraine is participating in an EU Battle Group in 2016,44 _{and is} ready to participate in more developed European military formations, if established.45 _{Ukraine plans to develop cooperation with the EU} Institute for Security Studies, the EU Satellite Centre and the European Security and Defence College. Negotiations were launched in June 2015 for an agreement between Ukraine’s Ministry of Defence and the European Defence Agency, with a view to boosting military and technical cooperation. Furthermore, in September 2015, the National Security and Defence Council adopted a new Military Doctrine of Ukraine reflecting the country’s objective of integration into the EU.

42 _{EUBAM, “Annual Report 1 December 2014-30 November 2015”, 2015}

(http://eubam.org/wp-content/uploads/2015/12/Report_2015_ENGL.pdf).

43 _{Kateryna Zarembo, “EUAM’s First Year: Ambitions versus Reality”, Policy}

Brief, Institute of World Policy, 2015 (www.dropbox.com/s/ 8085urds2mxogtz/policy_brif_EUAM_all_2.pdf?dl=0).

44 _{According to MFA of Ukraine, Foreign and security policy (http://ukraine-}

eu.mfa.gov.ua/en/ukraine-eu/dialogue/foreign-policy).

45 _{Interview with Minister of Foreign Affairs of Ukraine Pavlo Klimkin in}

Evropeiska Pravda, 3 March 2015 (www.eurointegration.com.ua/news/2015/ 03/11/7031701/ (in Ukrainian)).

Foreign and security policy at a glance

Cooperation between Ukraine and the EU in the foreign and security domains has been building up for over a decade.

However, since 2014, with Russia’s annexation of Crimea and its ‘hybrid’ war in Donbas, the question of security cooperation with the EU has been raised to the highest strategic level.

Increased alignment with EU foreign and security policies will reframe Ukraine’s relations with Russia and the rest of the world.

Operational collaboration takes places in two missions (EUBAM and EUAM), and there are plans to develop cooperation with EU security agencies.