After what a diplomatic source described as “long and difficult” discussions, EU heads of state and/or government managed to reach agreement in Brussels on Thursday 15 December on a binding decision designed to clarify the association agreement (AA) between the EU and Ukraine.
“We came to a legally binding agreement which takes account of all the concerns the Netherlands has. It wasn’t pleasant but it was necessary. The decision defines what the association agreement is and what it isn’t. There can be no misunderstanding”, said Dutch Prime Minister Mark Rutte.
Rutte will now have to convince his parliament about the agreement reached in Brussels so that the AA can be ratified. According to European sources, Rutte was optimistic about ratification. “We did what we could to help save the Association Agreement. … Now the responsibility lies with the Netherlands”, said European Council President Donald Tusk. He also made clear that ratification is important “for Europe’s geopolitical standing and credibility”.
The European leaders thus managed to come to agreement on the most sensitive issue: the prospect of Ukraine’s accession to the EU. So, while stating that the aim of the agreement is to establish a “close and lasting” relationship, the Council made clear that it “does not confer on Ukraine the status of a candidate country for accession to the Union, nor does it constitute a commitment to confer such status to Ukraine in the future”.
The decision also addresses cooperation in the fields of security, stating that the AA “does not contain an obligation for the Union or its Member States to provide collective security guarantees or other military aid or assistance to Ukraine”.
A further point on which the Netherlands had sought guarantees was EU financial support for Ukraine. While the association agreement “reiterates the commitment of the Union to support the reform process”, it “does not require additional financial support by the Member States to Ukraine, nor does it change each Member State’s exclusive right to determine the nature and volume of its bilateral financial support”, the decision adds.
Similarly, the member states make clear that the agreement does not affect “the right of Member States to determine volumes of admission of Ukrainian nationals to their territory in order to seek work, whether employed or self-employed”. “The Agreement does not grant to Ukrainian nationals or Union citizens, respectively, the right to reside and work freely within the territory of the Member States or Ukraine”, the text adds.
The decision notes, too, that, tackling corruption is “central to enhancing the relationship” between the two sides and, under the terms of the agreement, the EU and Ukraine will work together in this area. “Respect for democratic principles, human rights and fundamental freedoms and respect for the principle of the rule of law are essential elements of the Agreement”, states the text, underlining that each Party may take appropriate measures in the event of non-fulfilment of obligations.
In the conclusions which accompany the decision, the European Council states that “completing the ratification process remains a crucial EU objective”. Further, The European Council notes that the decision “is legally binding on the twenty eight Member States of the European Union” and may be amended or repealed only by common accord of their heads of state or government. It will take effect once the Netherlands has ratified the agreement and the Union has concluded it. “Should this not be the case, the Decision will cease to exist”, the leaders warn. (Original version in French by Camille-Cerise Gessant, with Élodie Lamer, Sophie Petitjean and Jan Kordys)