European Neighborhood Policy as a Cooperation Instrument between Ukraine and the EU

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Yuliana Palagnyuk

European Neighborhood Policy as a

Cooperation Instrument between

Ukraine and the EU

Rocznik Integracji Europejskiej nr 5, 91-96

2011

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YULIANA PALAGNYUK

Petro Mohyla BlackSea State University, Ukraine

European Neighborhood Policy as

a

Cooperation

Instrument

between

Ukraine

and

the

EU

The European Commission adopted anew concept in its relations withUkraine on

March 11th, 2003. Inits message entitled “WiderEurope- Neighbourhood: a New Di

mension to Relationswith Our Eastern and Southern Neighbours” the European Com

mission clearly identified that theaim of the new conceptwas the formation of anarea

of prosperity and good neighborliness - “circle of friends”, with whom it wouldenjoy close peacefulrelations and cooperation. Themaingoal isthe cooperation with partner countries to promote political and economicreforms,supportcloser economic integra tion, sustainable development and ensure political support and assistance. Inaddition,

inresponse to the real progressthat demonstrates acommitment tocommon values, and

be accompanied by effective political and institutional reforms, all the neighboring countries,includingUkraine, will beoffereda share of theEUinternal market. Simul

taneously further integration in order to facilitatethe free movement of people, goods, services and capital (four freedomsof the EU) is also possible.

In May 2004 the European Commission adopted the“Strategy Paper” on theEuro pean Neighborhood Policy (the ENP). Thus,theENP wasdeveloped in 2004 toavoid the emergenceof new dividinglines between the enlarged Europe and its neighbors,

strengthening stability and security in the region. The EU proposed a cooperation withinthe European Neighborhood Policy to its closest sixteenneighbors - Algeria, Azerbaijan, Belarus, Armenia, Georgia,Egypt, Israel, Jordan, Lebanon, Libya, Mo

rocco, Moldova, occupied Palestinianterritories, Syria, Tunisia and Ukraine. There

fore,Ukrainehas been in cooperation with theEU under the EuropeanNeighborhood Policy for sevenyears,whichgives a reason for evaluation of its achievements during this periodand prospects for the future taking intoaccount Ukraine’s externalpolicy to

wards Europeanintegration.

In early 2011, the European Commission conducted an analysisof the European NeighborhoodPolicy. Anadditional factor thatcurrently leads the EuropeanUnion to

reflectthe goals, results andprospectsof the European Neighborhood Policy, is the changes in the political situation in North Africa in2011.Therefore, itis relevanttoan alyze the results of the EU-Ukraine cooperation underthe EuropeanNeighborhood Policy anditsprospects, given the new regional geopolitical realities, and theprepara

tion of an association agreementbetween Ukraineand theEU.

Giventheabove, the purpose ofthispaperis to analyze the European Neighborhood Policyas an instrument ofcooperation with Ukraine in the light of new geopolitical conditions in the region, including preparation of anew enhancedagreement between

EU and Ukraine,which is to secure cooperation betweenthetwo sideson a new level

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92 Yuliana Palagnyuk RIE5’11

TheEuropean Union requires fromthe candidatecountriesto share thevalues the EU as a condition of EUmembership. TheEU integration process inevitably leads to political, economicand social reforms inthose countries that want tointegrateintothe

European Union. Accordingto O. Rehn, European Commissionerin charge of integra tion, theEU asa community of valuesis alsothe basisforpartnerships with neighbor ingcountries in North Africa, SouthernCaucasus, Southeast Europe and the Middle Eastthrough such initiatives as theEUEuropeanNeighborhood Policy1.

1 O. Rehn,EUEnlargement:Values Define Europe, Not Borders, “FowignPolicy” 2005, no 151

(Nov.-Dec.), p. 5.

2 )Kumuno-cycidcbKi, ''('upootojteieiii,” 2003, № 3, 6epe3eHt, c. 9.

3 }Kumu no-cycidcbKi, ''('upootojteieiii,” 2003, № 3, 6epe3eHt, c. 9.

The European Neighborhood Policy requires abroad andlastingcooperation be tween the EU and partner countries toimplement the obligationsestablished by joint ef forts within the “Action Planon European Neighborhood Policy(ENP)”. The main

instrument of the ENP isbilateral ActionPlansbetween theEU and each partner coun

trywithinthe framework of the ENP. The ENP in practicemeans:

- forcontemporaryEU members - a circle of friends from Marrakech to Moscow,

which move in one direction and in the future will fullyenjoy thebenefits ofacom

monmarketandan external potential inall areasofcommon policy;

- for neighbors - a guaranteethat a wave of theEUenlargement in 2004 will provide

new opportunities forrelations withthenew, larger EU. They do not remain behind

the wallsof the new fortress,but they are invited tojointhe world’s largest market and to take advantage of its benefits;

- establishment of stability, based oncommon values and common political objec

tives;

- on theestimated time it is thebest opportunity forall sides to strengthen cooperation betweenneighbors in a waythatdoes not threaten the internalbalance of theEU and

does not encourage unrealistic ambitions of those who one day plansto j oin the EU; - in the long term this conceptpaves the way for astable, strong relations between the

EU and our neighbors. Expected result is, ifour neighborsagree and are able to use

the offer, astable and prosperous lifefor muchof ourplanet2.

R. Prodi, European Commission President,and K. Patten, European Commissioner for External Relations noted thatthis EU initiative concerns thosestates thatseek to sat isfy thehigh standards that theEU has set for its members, and respecttheEUvalues. This means significant political, economic and institutional reforms in certain areas

-from management structures to civilliberties and human rights. Reform process can

take quite a longtime, but, according to EUofficials, defined purpose will help coun tries toimplement reforms. Countries preparedto answer to this EUofferwould get a strong supportfromthe EU includingfinancial assistance and better adapted to the

countries’ needs programs3.

Existing agreements of the EU with the neighboring countries (the association

agreements or partnership and cooperation agreements, depending on the country), contain allnecessary provisionsandexhaustivelyoutlinethe nature ofcollaboration in

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thefirst stage. Neighborhood agreements are not intendedto replace already existing. They may become relevant at laterstages, whentheEU and the neighboring country

reach such stage in their relationship, when they want to expandthe scope of existing

agreements. Neighborhood agreementscan take different forms, butin any case they wouldmean new legalobligations. Their meaning and term depend on the particular situation and the political will of the country4.

4 IUupuia Cepona - cycidcmeo. Hoeai:oiiuenui>ieidnocun CC3a cxidnuMU ma niedennuMU

cycidaMu, ''('upootojteietii,” 2003, № 3, 6epe3eHt, c. 8.

5 Ibidem. 6 Ibidem, c. 7.

7 IKumuno-cycidcbKi, ''('Hpootojieretn,” 2003, № 3, 6epe3eHt, c. 9.

Common strategies, which the EU has with Russia, Ukraine and Mediterranean

countries, are theuseful toolfor coordination of theEUpolicy towards third countries and presenting broadstrategic perspectives of the EU. Plans ofactionqualitatively dif

fer fromthe common strategies: unlike the four-year common strategies, they canbe approved forany period, according to the interests of the EU andpartner countries;

their contentreflects the convergence between the partners,they define cleargoals

- concrete progress in thefield ofintegrationand liberalization, and includea timetable fortheir implementation, and evaluation criteria by whichboth sides canassess the

progress5.

Note that Article 49 of theTreaty on European Union stipulates that any European

state mayapply to join theEU.Prospectivecandidatesmust meet thecriteria for mem

bership: democracy, rule of law, human rights, a functioning market economy, effective enforcementof rules and policy. In fact, every decisionon further EU enlargement shouldbe discussed concerningthefinalborders of the EU6.Insome cases, member ship has beenalready decided.For instance,membership in theEUisexcluded for the

Mediterranean partner countries of the EU. But othercases arestill open - such as

Ukraine and Moldova, who clearlyexpressed their desire tojoin the EU. Touchingthe

question ofmembership, the concept notes Moldova and Ukraine’s aspirationsto join

the EU and connects thisquestion with theresults of thedebate over thegeographical boundaries of the EU. So neither positive nor negative response on the prospectsof

Ukraine’s EU membership is givenin this concept.

According to R. Prodi, Presidentof the Commission, andK.Patten, EuropeanCom

missioner for ExternalRelations,theEUshould apply to thecountries of formerSoviet Union new proposals in order to offer them access to the EU’s internal market- every thing except for participation in the EU institutions. In practice this will mean the

spreadof four freedoms on these countries - free movement of people, goods, services

and capital, and use the potential of a common EUpolicy in full:in transport, energy, environment, research, culture and education. Thisconcept also implies that partners

share common values and implement joint initiatives to achieve common political goals7.

Asthe N. Jousten,AmbassadorandHead of the European Commission to Ukraine stated,“the EUhas a clear vision of the progressive approach thatis based on the princi

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individualtaps,and proportionality,which meansthat the newbenefits offered only in

response to the achievement of the partner country in its political and economic re

forms”8. Asinstitutions and contractual obligations,thefull implementation ofexisting agreements remains a prerequisitefor any further development.

8 Ширша Европа - cycidcmeo. Нова концепщя eidnocun ЕС за cxidmuuu та твденними суадами,“Свробюлетень” 2003, № 3, березень, С. 7.

9 Ibidem, С. 6.

10 A.Balcer,М. Siwiec, Partnerstwo Wschodnie: punktzwrotny [Electronic resourse],“Rzeczpo spolita”, 14.03.2011, Access mode: http://www.rp.pl/artykul/9133,626747-Partnerstwo-Wschod- nie—punkt-zwrotny.html.

11 O. Rehn,EU Enlargement: Values Define Europe, Not Borders,“Foreign Policy” 2005, no 151 (Nov.-Dec.), p. 5.

Aspart of this initiative Ukraine was offered two main ideas of relations’ frame work. Firstly, Ukraine was offered a new course, whichincludesthe prospect ofcloser integration into theEU’s single market, preferential traderelations and furthercoopera

tion in culture andunderstanding, integration into transport, energy andtelecommu nications European networks and the European Research Area. Secondly, a new dimension provides new specific tools, forexample, participation in European pro grams and activities, new sources of funding, theProgramme of Action for Ukraine and annual reviews9.

According toM.Siwiec, member of the European Parliament, speakerfor theEuro pean Parliament resolution onthe EasternPartnership policy and A. Balcer, Program

Manager of the “Enlargementand the EU Neighborhood” Center for European Strat egy demosEUROPA, question of the prospects of membership in the EU its eastern neighborsbecomes a questionofshame, because theEUisnot ableto answer the ques

tionwhetherthese countries caneverbecome its members. However, M. Siwiec and A. Balcer are sure that “there is nodoubt thatwithout the prospectofmembership readi ness of these countries to reform will be muchlower than in the presence of such aper spective. If the EU continues to use only overwritten generalformulations such asthat

«the EUdoor is not closed because theTreaty ofRome allows everyEuropeancountry

toapply for membership»,theEU will not beable tofully run its «softpower» and the

enormouspotentialofoptimismand dedication in those countries interested in mem

bership.If we cannot talkto themaboutit, then atleastlet us behonest and let us not

expect miraculousresults from the reformsundertaken in these countries”10.

As to the “soft power” of the European Union, noted by M. Siwiec and A. Balcer,

the European Commissioner for Integration O. Rehn stressed: “the idea attheheart of

the Europeanprojectis simple:to create institutions and ruleswithinwhich states can dotheir business -bothpolitical and economic - andother states will seek to dothe

same. The most effective means ofimplementing the EU’s «soft power» is to convince countriesto integrate intothelegal environmentand economic tieswiththe European Union”11.

Assessing the cooperation between Ukraine and theEU underthe European Neigh borhood Policy,Ministry of Foreign Affairs of Ukraine emphasizes the irreversibility of Ukraine’sposition on this EU initiative: key principlesof the ENPdo not meetthe strategic goal of Ukraine’s membership in theEuropean Union. According totheState

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ment of the Ministry of Foreign Affairs ofUkraine concerningthe European Commis

sion’s message on the implementationof the ENP in 2008, progress in implementation

of the EU-Ukraine Action Planwas not achieveddueto implementationof theENP to

wards Ukraine, as interpretedin the European Commission’s message, butdue to polit icalwill and persistent efforts of theUkrainian sideto implement the reforms necessary to meetEU membership criteria12.Head of Ukraine’s Mission totheEUK.Yeliseyev, speaking in the European Parliament in 2011,stressed that the European Neighborhood Policy “is not able topromote Europeanintegration. Ukraineis an example of this. We passedthe stage where European integration had become a key principle of develop ment. This happened not because of but despite of the European Neighborhood Policy.

Now we are in the situation where the ENP is not ableto provide the necessarypolitical signals. Thus,the European Neighborhood Policy should includeamechanism for ex pansion”13.

12 Свропейська полтикаcycidcmea ne eidnoeidae стратегтнШMemi Ук.ршни[Електронний

ресурс],1нформацшне агентствоУШАН.- 25.04.2009. - Режимдоступу:http://www.imian.net/ ukr/news/news-312885 .html. 13 Свропейська полтика cycidcmea повинна давати перспективу членства в СС [Елек троннийресурс], “ForUm.” 4 лютого 2011, Режим доступу: http://ua.for-ua.com/politics/20ff/ 02/04/192303.html. 14 Глава шмецького МЗС пропонуе переосмислити Свропейську полтику cycidcmea [Елек

троннийресурс], “Deutsche Welle” 18.02.2011, Режим доступу: http://www.dw-world.de/dw/article/0„14854005,00.html.

This position of Ukraine,which iscurrently in talks withthe EU onsigninganew enhanced agreement between two parties, ismore important for rethinking theEU ob-

j ectives of theENP asaresult of changing political situationinNorth Africa, where the countries are part of the EU European Neighborhood Policy.

For example, inFebruary 2011 German Foreign MinisterG. Westerwelle in a letter

to K. Ashton, TheHigh Representativeof theUnion for Foreign Affairs andSecurity Policy, afterthe events in North Africa offers in the future theEU to provide assistance

to neighbors,given the process of transformation in thesecountries. The focus of coop eration withthe neighborsshould bea good governanceand democratic reform.Given

theoverthrow of dictatorial regimes in Tunisia and Egypt,he put forwardthe idea toof

fer a new EU’s conceptto support reforms in thecountries of the region. In addition, G.

Westerwelle also proposed to reduce EU’s assistance as aresponse to violations of the

ruleof lawand negativedevelopments for democraticreforms.Alongwithproviding financial assistanceto the neighboring countries G. Westerwelle required deeper eco

nomic integration withthe EU for those countries14.

Assessing theresults of the European Neighborhood Policy, it can be said that this EU initiative from theoutsetcould not bean effective instrument of theEUwithall its neighboring countriesbecauseofneighboring countries’differentgoals in their rela

tionswith theEU. Afterall,the states-neighbors of theEU in the European Neighbor

hood Policy framework canbe conditionally divided intotwo groups: partners in the

eastern border of the EU,which haveintensions and certain prospects of membershipin theEU in the future,and southern neighbors, whichhave nosuch intentions and pros

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In someways, the European Union has alreadybegun to comprehendsuch differ

ences inits neighboring countries,introducing theEastern partnership initiative, which

concerns cooperation as well withUkraine,and also rethinking thedirections and goals of partnershipwiththesouthern Mediterranean States dueto theevents inNorth Africa

in 2011.Therefore, possible change of the EU’s foreign policy directionand redirection of the European Neighborhood Policy’s instrumentsprimarilyon theNorthern African

states in thepresent conditionsmight lead, respectively, to the European Union’sre thinking of its position towards Ukraine. For Ukraine,whichforeign policy’s strategy is aimedat membership in the European Union, cooperation with theEU underthe Eu

ropean Neighborhood Policy does not comply with the implementation of the

abovementioned strategic goal. Accordingly, emphasizingthe importance of introduc

tion of the EU’s enlargement mechanismforsomeneighboring countries withinthe Eu

ropean Neighborhood Policy, for Ukraine it is actual to sign the new enhanced agreement between Ukraine andthe EU, which will provide newframework conditions for cooperation betweenthetwoparties and the possibility of realization of Ukraine’s strategic goal of membership in the EU.

Summary

European Neighborhood Policy as a Cooperation Instrument between Ukraineand the EU

European Neighborhood Policy as an instrumentof cooperation withthe neighboring coun tries,including Ukraine, is analyzed in thisarticle taking into account newgeopoliticalcondi tions asthe result ofevents in NorthAfricain the beginning2011 year, preparationof new associationagreement betweenthe EU and Ukraine onthe newlevel with perspectives of mem bership ofUkraine in the European Union.