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From initial research, the Project expert team has come to the conclusion that EU – Ukraine relations are moving towards closer economic integration in the areas of energy, environment, transport and telecommunications. Even after simple formal adaptation, these fields are taking on a much more practical and pragmatic character.
The Ukrainian economic players are interested in access to EU Member States’ markets. Likewise, practically all Member States and Candidate Countries are interested in stronger trade business ties with Ukraine.
A particularly vital area of interest for the EU is Ukraine’s capability to transport oil and natural gas. In this area an important, although non-determinative role, is played by the legal basis for reciprocal economic and political relations. An important component of the joint integration process is the identification of legal adaptation priorities and the elaboration of corresponding strategies and short-term working plans. When drafting new primary and secondary legislation, assessment of risks is of paramount importance. In other words, the institutional capacity of Ukrainian authorities to create new laws becomes more and more important for both the EU and Ukraine itself.
The Ukrainian participants in the legal approximation process need to develop a clear understanding of European political and legal proposals and initiatives, action plans and commitments, while the recognition by the EU of the Ukrainian time constrains for the implementation of certain legal requirements is also required. In the energy, environmental and transport sectors these requirements are costly and time consuming. As for the telecommunications sector, technology has far exceeded legal legislative initiatives.
The European Neighborhood Policy is wider than the PCA. This means that the present Action Plan, which foresees a broad approximation process in 2007, represents new challenges for Ukrainian authorities. This Policy also includes assessment of the implications for both Ukraine and the EU.
Regardless of the implementation of the Action Plan, prioritisation in energy, environment, transport and telecommunication (EETT) spheres is yet to be carried out. Technical assistance projects related to this section should be integrated into the AP implementation process.1 Securing the coherence of components related to legal approximation is an additional and absolutely necessary task for UEPLAC IV.
While the SDLA deals with approximation of legislation, the line ministries should assess related implications and risks. The Project team will support the beneficiary and line ministries in this process. Meetings, systematic assistance and responding to ad hoc requests from the beneficiary are all planned.
Certain acquis areas are especially favourable for both the Ukrainian people and economy in moving towards European integration (the Government’s ‘European Choice’ program), in particular:
- Energy policy on security of supply, sustainability, efficiency and internal energy markets;
- Transport policy, internal market, transport services, road and maritime safety, reducing impact on environment and human health;
- Environment policies and preventive actions, penalising polluters, environment quality (air, water and products);
- Trans-European energy infrastructure, transport and telecommunication and their role in trade, competition and freedom of movement.
The objective of the UEPLAC IV in the field of EETT is to support Ukrainian civil servants, representatives of industry and NGOs in understanding the driving forces behind the decisions of the EU institutions (Commission, Parliament, agencies and stakeholders involved in the EETT and related (competition, trade, social policies) fields). Coherence with these policies should always be kept in mind when approximating legislation.
The concepts, defined in the Partnership & Cooperation Agreement (PCA), the European Neighbourhood Policy – Action Plan (ENP-AP) and the outcomes of Ukraine-EU summits will constitute the major areas of work between the Ukrainian partners and the Project. Specific attention will also be paid to EU-Russia dialogue and in particular any possible consequences for the Ukrainian EETT sector.
UEPLAC capacity building advice will be implemented through individual meetings and round-table discussions with the SDLA as well as the Ministry of Energy & Fuel, the Ministry of the Environment, The Ministry of Transport and energy and environmental regulatory institutions. Depending on individual requests these dialogues could be tailored to address specific issues.
The overall objective of the UEPLAC in this area of activity is to strengthen the ability of Ukrainian institutions to make independent decisions regarding approximation in specific spheres and undertake constructive dialogue with European institutions. An expected outcome, given the current context, will be the ability of the Ukrainian authorities to use the same methods and approaches used in the EU Member States when elaborating regulations, directives and action Plans.
At the same time, an increase in the qualifications of line ministry personnel is expected. This would increase the understanding of the European Neighbourhood Policy and allow for the better dissemination of information about the integration process, which in turn makes the identification of bottlenecks and shortcomings more identifiable. At the same time however, the project is concerned about the lack of resources and capacity necessary for the implementation of approximated legislation, particularly in the EETT sphere.
1 The United Nation Business/World Bank financed project for improvement of governing systems of Ukrainian hydropower plans and related requirements to define a new model for electricity trading instead of centralized power pool, develop new Wholesale Market model and Rules might serve as an example
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