The Foreign Affairs Council adopted conclusions on Ukraine, the main ones being the following:

(a) it reaffirms the EU’s engagement with Ukraine  towards political association and economic integration. It recalls stating in May 2012 that Ukraine’s performance will be assessed on the basis of progress in three areas: (i) the compliance of the 2012 parliamentary elections with international standards and follow-up actions, (ii) Ukraine’s progress in addressing the issue of selective justice and preventing its recurrence, (iii) implementing the reforms defined in the jointly agreed Association Agenda;

(b) the Council notes with concern the following:

·        the conduct of the 28 October parliamentary elections presented a mixed picture with several shortcomings and constituted a deterioration in several areas compared to standards previously achieved;

·        the politically motivated convictions of members of the former Government after trials which did not respect international standards

·        opposition leaders were prevented from standing in the parliamentary elections;

The Council commends the efforts undertaken by the European Parliament’s monitoring mission to Ukraine headed by former Presidents Cox and Kwaśniewski. 

Looking forward to the final report by the OSCE-ODIHR, the Council underlines the importance of fully implementing its recommendations.

© The Council calls on Ukraine to:

·        address the cases of politically motivated convictions without delay as well as to take further steps to reform the judiciary to prevent any recurrence;

·        implement  all judgments of the European Court of Human Rights as well as the recommendations by the Council of Europe related to detention conditions and medical assistance to persons in detention;

·        take additional steps on judicial reform, including through a comprehensive review of the Criminal Code, of the role of the High Council of Justice, of the laws on the Judicial System and the Status of Judges as well as a reform of the Police;

(d) the Council reaffirms its commitment to the signing of the already initialled Association Agreement, including a Deep and Comprehensive Free Trade Area, as soon as the Ukrainian authorities demonstrate tangible progress in the three areas above, possibly by the time of the Eastern Partnership Summit in Vilnius in November 2013. However, the EU expects Ukraine to refrain from introducing protectionist measures, such as recycling fees on vehicles, which are potentially in breach of its WTO commitments.

It reconfirms its support for:

·        the process of modernisation of Ukraine including through bilateral financial assistance and potential EU Macro-Financial Assistance and the facilitation of support from International Financial Institutions for the modernisation of the Ukrainian Gas Transmission System;

the shared objective of visa-free travel provided that conditions for well-managed and secure mobility set out in the Action Plan on Visa Liberalisation are in place. 

The European Parliament adopted a resolution on the situation in Ukraine.

The resolution was tabled by the ALDE, S&D, EPP, Greens/EFA and ECR groups.

With regard to the Ukrainian general elections of 28 October 2012, Parliament expresses regret at the fact that, according to the OSCE, PACE, NATO Parliamentary Assembly and European Parliament observers, the electoral campaign, electoral process and post-electoral process failed to meet major international standards and constitute a step backwards compared with the national elections in 2010. It recalls that the general elections were considered a key test for Ukraine in signalling the irreversibility of the country's engagement towards the development of a fully-fledged democratic system, the consolidation of the rule of law and the continuation of political reforms.

Members cite the arrest of opposition political leaders, the lack of a level playing field caused primarily by the misuse of administrative resources, cases of harassment and intimidation of candidates and electoral staff, a lack of transparency in campaign and party financing, and a lack of balanced media coverage and the irregularities and delays in the vote count and tabulation process.

Parliament stresses the fact that effective cooperation between Ukraine and the European Union can only be realised on the basis of a clear willingness on the part of the Ukrainian authorities to implement the necessary reforms, in particular that of the legal and judicial system. It calls for effective support to be given to this reform process by the institutions of the European Union, the Council of Europe and its Venice Commission. It also recalls that the European Parliament's special envoy, Aleksander Kwasniewski, warned against attempts to isolate Ukraine, which could lead to the creation of favourable conditions for undemocratic regimes. Accordingly, Members confirm the EU's commitment to further advancing relations with Ukraine through the signing of the association agreement as soon as the Ukrainian authorities demonstrate determined action and tangible progress, as called for above, possibly by the time of the Eastern Partnership Summit in Vilnius in November 2013. They note that progress in political association and economic integration is dependent on Ukraine's tangible commitment to democratic principles, the rule of law, the independence of the judiciary and media freedom.

Parliament makes a strong appeal to the Ukrainian authorities to find, together with the European Parliament's envoys, Aleksander Kwasniewski and Pat Cox, a reasonable and just solution to the Tymoshenko case, and it urges the Ukrainian Government to respect the final decisions of the European Court of Human Rights on this case and the case of Yuri Lutsenko.

Welcoming the signing of the amended visa facilitation agreement between the European Union and Ukraine, which introduces clear improvements in the delivery of visas for Ukrainian citizens compared with the agreement currently in force, Members call on the Council to advance EU-Ukraine dialogue on visa liberalisation ahead of the Eastern Partnership Summit in Vilnius in November 2013.

They strongly appeal to VP/HR Catherine Ashton and Commissioner Štefan Füle to step up the EU's engagement with Ukraine and to remain committed to work towards using the full potential of the relations between the EU and Ukraine for the benefit of the citizens of Ukraine and the EU, inter alia by ensuring steady progress in the visa liberalisation dialogue.

Parliament goes on to express concern about the rising nationalistic sentiment in Ukraine, expressed in support for the Svoboda Party, which, as a result, is one of the two new parties to enter the Verkhovna Rada. It recalls that racist, anti-Semitic and xenophobic views go against the EU's fundamental values and principles and therefore appeals to pro-democratic parties in the Verkhovna Rada not to associate with, endorse or form coalitions with this party.

Lastly, Members call on the Verkhovna Rada to reject Bill 8711, a liberticidal piece of legislation that will limit freedom of expression and assembly for those who support the human rights of lesbian, gay, bisexual and transgender people. They point out that this law is in clear breach of the European Convention on Human Rights and the International Covenant on Civil and Political Rights, both ratified by the parliament of Ukraine.