Association Agreement negotiations between Ukraine and the EU concluded on Monday 19th during the 15th EU-Ukraine Summit in Kyiv, but there was no initialling by the EU which declared its intention to sign and ratify the Association Agreement,”as soon as we can, but this will depend on political circumstances,” according to Herman Van Rompuy, European Council President at the European Parliament.
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Ukrainian President Viktor Yanukovych, who days earlier said that Ukraine was "geared up" for the agreement to be signed, was snubbed by the EU quite explicitly for his increasingly authoritarian rule in the country. It was described by Rompuy as creating “a difficult atmosphere,” in particular, “politically motivated justice…(of which) The Tymoshenko trial is the most striking example (referring to the seven year imprisonment of former Premier Yulia Tymoshenko).
“We want to take steps to sign and ratify the Association Agreement as soon as we can, but this will depend on political circumstances,” commented Rompuy, adding, “The perceived deterioration of the quality of democracy and rule of law in Ukraine has a direct impact in our Member-States, in our public at large.”
Yanukovych said that that he would take into account all of the EU’s remarks over the “deteriorating quality of democracy in the country,” adding, “I would like to confirm that the EU remarks will not be ignored.”
EU signing of the agreement will now need ratification by the European parliament and its 27 member states, which will require Ukraine to demonstrate that it can conduct democratic parliamentary elections in 2012. The EU and US have called for Tymoshenko to be given a fair trial on appeal and be allowed to take part in the elections, making next year’s Parliamentary elections a litmus test for Ukrainian democracy.
Ironically, Tymoshenko had called on the EU to sign the agreement to provide a western check on increasing authoritarianism in the country, commenting, “To begin to recover our liberty, we urgently need the assistance of the world’s democratic community. Such urgent assistance would be signing of the Association and Free Trade Agreements between Ukraine and the European Union. For Ukraine, signing of the document would be a historic breakthrough to the European dream, the final confirmation and protection of our independence…”
The EU might well have had a much stronger response to Yanukovych’s domestic policies, were it not acutely aware of Moscow’s overtures to Kyiv, which has been offering lower gas prices in return for control over its strategic gas transit pipeline and Ukraine joining a Russian-led free trade agreement with former Soviet republics Belarus and Kazakhstan. Yanukovych was scheduled to join the leaders of Russia and other former Soviet republics in Moscow to participate in the meeting of the Eurasian Economic Community immediately after the EU negotiations. Kyiv has said the two are not mutually exclusive and has said it would like to cooperate with the Union in a 3+1 format, while reiterating that European integration is its top priority.
Ukrainian official policy remains EU oriented, with Yanukovych commenting, “We came close to completion of matching the text of the Agreement on Association and we are ready to start preparations for signing for its further implementation," adding that Ukraine has begun implementing some of the agreed clauses of the Association Agreement under the EU-Ukraine Association Agenda.
For the EU, Rompuy led his comments by stating that, “Ukraine is a partner of strategic importance for the EU. Our commitment to developing the relationship between the EU and Ukraine is firm,” while noting, “Since the last summit there has been developments in the EU-Ukraine relations - both positive and some that have given us reason for strong concern.”
In terms of tangible outcomes, José Manuel Durão Barroso, President of the European Commission noted, “As an intermediate step we have just concluded negotiations on an upgraded Visa Facilitation Agreement which will facilitate travel to the EU for further categories of Ukrainian citizens.” Barroso also commented, “We want Ukraine closer to the European Union and we welcome Ukraine's European choice,” concluding, “The key to strengthening our relations is in the hands of the Ukrainian authorities.”