1
Defined by the Prime Minister resolution of 04/09/13 No. 34795/1/1-13
DIVISION OF COMPETENCES
for public authorities and joint Ukraine-EU bodies for implementation of the Ukraine-EU Association Agenda
Abbreviations:Ukraine-EU Association Agenda – AAgUkraine-EU Co-operation Committee – CC / Ukraine - EU sectoral dialogues to be held or are going to be launched
Joint Committee at Senior Officials level on implementation of Ukraine-EUAssociation Agenda – Joint Committee
Subcommittees in the framework of Ukraine-EU Co-operation Committee: / RD–Dialogue on regional policy and development of regional cooperationAD – Agriculturaldialogue
SCNo. 1 – Subcommittee No.1 on trade and investments / ID - Dialogue on intellectual property rights in Ukraine
SC No. 2 – Subcommittee No. 2 on economic and social affairs, finance and statistics / SD – Dialogue on space sphere
SC No. 3 – Subcommittee No. 3 on enterprise policy, competition, regulatory co-operation / IJD–Informal dialogue on judiciary reform
SC No. 4 – Subcommittee No.4 on energy, transport, nuclear safety and environment / IBD - Informal dialogue on business climate
SC No. 5 – Subcommittee No.5 on customs and cross-border co-operation
SC No. 6 – Subcommittee No. 6 on justice, freedom and security
SC No. 7 – Subcommittee No. 7 onscience and technology, research and development, education, culture, public health, information society and media
The AAgprovisions approved at the sixteenth Ukraine-EU Cooperation Council meeting on 24/06/13 / public authorities responsible for the AAg implementation / Subcommittees/
sectoraldialogues, responsible for the AAg implementation
1 / 2 / 3
OPERATIONAL PART
1. Priorities for Action
1.1.The Joint Committee at senior officials level will define priorities for action and provide guidance for the implementation of the Association Agenda in line with the provisions set up in section III. 9 below. / Secretariat of the Cabinet of Ministers,
Ministry of Foreign Affairs,
Ministry of Economic Development and Trade,
Ministry of Justice, National Agency on Civil Service,
Ministry of Energy and Coal Industry,
Ministry of Education and Science,
Ministry of Revenue and Duties / Joint Committee, CС
2. Political Dialogue
2.1. Democracy, rule of law, human rights and fundamental freedoms
The Parties agree to maintain dialogue and to cooperate to strengthen respect for democratic principles, the rule of law and good governance, human rights and fundamental freedoms, including the rights of persons belonging to national minorities as enshrined in the core UN and Council of Europe Conventions and related protocols. Such dialogue and cooperation shall cover the following areas:
(i.)Strengthen the stability, independence and effectiveness of institutions guaranteeing democracy and the rule of law and in particular:
2.1.1.promoting and ensuring an inclusive and transparent constitutional reform process designed to further develop a constitutional system of effective checks and balances between state institutions, in the light of the relevant recommendations of the Venice Commission; / Ministry of Justicein line with the activities ofsubsidiary bodies established by the President of Ukraine / SCNo. 6
2.1.2.strengthening of the functioning of local and regional self-government, including by reference to relevant standards contained in the European Charter on Local Self-Government; / Ministry of Regional Development,Construction,Housing and Communal Services,
Ministry of Justice, Ministry of Foreign Affairs / SC No. 6
2.1.3.work closely together in reforming and enhancing the capacity of the public administration system in Ukraine on the basis of an assessment by SIGMA, including effective public finance management, effective fight against corruption and public service reform; / National Agency on Civil Service, Ministry of Finance, Ministry of Justice, Security Service (with consent),
Ministry of Internal Affairs, other public authorities / SC No. 6
2.1.4.ensuring the effectiveness of the electoral framework and environment so as to the conduct of presidential and parliamentary elections, in accordance with international standards for democratic elections and ensure appropriate implementation of the recommendations made by OSCE/ODIHR; / Within the competence:
Ministry of Justice,Central Election Commission
(with consent) / SC No. 6
2.1.5.further improvement of Ukrainian legislation on referenda, in particular with the aim of proper and effective implementation of the Constitutional provisions of Ukraine and in compliance with the European standards for organising referenda, in the light of the relevant recommendations of the Venice Commission; / Within the competence:
Ministry of Justice,Central Election Commission
(with consent) / SC No. 6
2.1.6.helping to ensure the full realisation of the Ombudsperson mandate, including his/ her action in the regions and promoting his/hercooperation with European Human Rights institutions and networks. The Principles relating to the status of national institutions (the Paris Principles) will be relevant for this priority. /
Ukrainian Parliament Commissioner for Human Rights
(with consent) / SC No. 6(ii.)Ensure the independence of the judiciary and the effectiveness of the courts and of the prosecution as well as of law enforcement agencies, and in particular:
2.1.7.taking additional steps on judicial reform, including undertaking a comprehensive review and submit legal proposals, in close consultation with the Council of Europe/ Venice Commission:
- on the law of the functioning of the Prosecutor's Office; / Ministry of Justicein cooperation with subsidiary bodies established by the President of Ukraine and
Prosecutor General`s Office (with consent) / SC No. 6, IJR
- onthe role of the High Council of Justice; / Ministry of Justicein line with the activities ofsubsidiary bodies established by the President of Ukraine,
in cooperation with High Council of Justice(with consent) / SC No. 6, IJR
- on the laws on the Judicial System and the Status of Judges, as well as. / Ministry of Justicein cooperation with subsidiary bodies established by the President of Ukraine, involving
Supreme Court,HigherCommercial Court,
Higher Administrative Court, Higher Specialized Court for Civil and Criminal Cases(with consent) / SC No. 6, IJR
2.1.8.taking relevant actions on reform of Criminal Code and the Police, in close consultation with the Council of Europe/ Venice Commission; / Within the competence:
Ministry of Justice, Ministry of Internal Affairsin cooperation with Verkhovna RadaCommittee on Legislative Support of Law Enforcement, Prosecutor General`s Office and Supreme Court (with consent) / SC No. 6, IJR
2.1.9.continuing reform of the judiciary and of the court system so as to further strengthen the independence, impartiality, and professionalism of the judiciary and courts, notably by enhancing the training of judges, court officials and prosecutors as well as support staff and law enforcement agencies staff; / Ministry of Justice, Ministry of Internal Affairsinvolving Supreme Court, Higher Commercial Court,
Higher Administrative Court, Higher Specialized Court for Civil and Criminal Cases,National School of Judges, Prosecutor General`s Office(with consent) / SC No. 6, IJR
2.1.10.effective implementation and enforcement of the civil, criminal, economic and administrative codes and their corresponding procedural codes, based on European standards; / Within the competence:
Ministry of Justice,State Judicial Administration, other executive authorities, involvingHigher Commercial Court, Higher Administrative Court, Higher Specialized Court for Civil and Criminal Cases, Supreme Court and
Prosecutor General`s Office(with consent) / SC No. 6, IJR
2.1.11.providing the necessary resources to implement effectively the Criminal Procedure Code and the legislation on the Bar; / Within the competence:
Ministry of Finance,Ministry of Justice,
Ministry of Internal Affairs,
State Judicial Administration(with consent) / SC No. 6, IJR
2.1.12.continuing and ensuring follow up of the high level dialogue on the reform of the judiciary. / To ensure participation:
Ministry of Justice, Ministry of Internal Affairs,
Ministry of Foreign Affairs,
Administration of State Border Guard Service,
Security Service,State Judicial Administration,
Prosecutor General`s Office, Higher Specialized Court for Civil and Criminal Cases,Council of Judges,
Council of Judges of General Courts(with consent) / SC No. 6, IJR
(iii.)Ensure respect for human rights and fundamental freedoms by comprehensive cooperation on the protection of human rights and fundamental freedoms, covering both individual cases and issues concerning international law instruments on human rights. This cooperation includes, inter alia:
(а.) Promoting the implementation of international and regional human rights standards
2.1.13.early implementation of all judgments of the European Court of Human Rights and promoting the evolving jurisprudence of the Court as a major source of international human rights law, with the support of the EU; / Ministry of Justice / SC No. 6
2.1.14.implementing the recommendations of the Council of Europe related to detention conditions and medical assistance to persons in detention; / Ministry of Justice, State Penitentiary Service,
Ministry of Health / SC No. 6
2.1.15.promoting human rights awareness among judges, prosecutors and other law enforcement agencies by common measures on enhancing trainings of judges, prosecutors and law enforcement officers on human rights issues and in particular on combating torture and inhuman and degrading treatment; / State Judicial Administration(with consent),
Ministry of Internal Affairs, Ministry of Justice, involving National School of Judges, Prosecutor General`s Office, Higher Commercial Court, Higher Administrative Court, Higher Specialized Court for Civil and Criminal Cases, Supreme Court(with consent) / SC No. 6
2.1.16.implementing the UN Convention on the Rights of Persons with Disabilities and its Optional Protocol. / Ministry of Social Policy, other executive authorities / SC No. 6
(b.) Freedom of Expression, Assembly and Association
Expression:
Promoting the legal and administrative framework necessary for the enjoyment of freedom of expression with a particular emphasis upon the mass media and the rights of journalists, notably by:
2.1.17.cooperating on the development of a system of public broadcasting, including by exchange of best practices, the adoption of a legislative framework and its implementation in accordance with European and international standards; / State Committee for Television and Radio Broadcasting, Ministry of Justice / SC No. 6
2.1.18.taking early steps to establish clear rules for balanced media access for electoral competitors; / State Committee for Television and Radio Broadcasting, Ministry of Justice / SC No. 6
2.1.19.cooperating to create the conditions necessary for journalists to work freely and shielded from threats or actual violence. This will include the exchange of best practices on effective protection of journalists by law enforcement agencies. / Within the competence:
Ministry of Internal Affairs,
State Committee for Television and Radio Broadcasting, Ministry of Justice, involvingProsecutor General`s Office(with consent) / SC No. 6
Assembly:
2.1.20.taking concrete actions towards adoption of legislation for freedom of peaceful assembly in close cooperation with the Ukrainian civil society, OSCE-ODIHR and the Venice Commission and in line with best European practice; / Within the competence:
Ministry of Justice, Ministry of Internal Affairs / SC No. 6
2.1.21.step up cooperation to further strengthen the awareness of law enforcement agencies and the courts as regards respect for the right to freedom of peaceful assembly, notably by the exchange of best practices, training and cooperation on implementing rules of legislation. / Ministry of Internal Affairs, State Judicial AdministrationandProsecutor General`s Office(with consent),
Ministry of Justice / SC No. 6
Association:
2.1.22.establishing favourable legal and institutional conditions for civil society institutions, notably to promote the involvement of citizens and their participation in public decision-shaping processes. / Central executive authorities / SC No. 6
(c.) Ensuring respect for the rights of persons belonging to minorities
2.1.23.exchanging best practices on measures to protect minorities from discrimination and exclusion in accordance with European and international standards, with the objective of developing a modern legal framework. Developing close cooperation between the authorities and representatives of minority groups; / Within the competence:
Ministry of Culture, Ministry of Justice,
Ministry of Internal Affairs / SC No. 6
2.1.24.cooperate on measures to combat the growth in intolerance and the incidence of hate crimes (whether due to racism, homophobia, xenophobia or anti-semitism); / Ministry of Internal Affairs, Ministry of Culture, involvingSecurity Service and Prosecutor General`s Office
(with consent) / SC No. 6
(d.) Combating torture and inhuman and degrading treatment
2.1.25.further strengthening of efforts to improve the legal basis and practice in the area of detention, in particular as regards pre-trial and administrative detention in order to address effectively the issue of arbitrary detention; / Ministry of Justice, State Penitentiary Service,
Ministry of Internal Affairs, State Migration Service, Administration of State Border Guard Service, involving Prosecutor General`s Office(with consent) / SC No. 6
2.1.26.improve the conditions of detention for all prisoners whether in pre-trial detention or after conviction with the aim of eliminating ill-treatment and implement the recommendations of the UN Committee against Torture and the European Committee for the Prevention of Torture; / Ministry of Justice, State Penitentiary Service,
Ministry of Internal Affairs, Ministry of Health,
Ministry of Defence, involving Prosecutor General`s Office (with consent) / SC No. 6
2.1.27.providing the necessary resources to implement effectively the National Preventive Mechanism against Torture; / Within the competence:
Ukrainian Parliament Commissioner for Human Rights
(with consent),Ministry of Justice,State Penitentiary Service,Ministry of Internal Affairs / SC No. 6
2.1.28.consider the establishing of an independent police complaints mechanism. / Ministry of Internal Affairs, Ministry of Justice, involving Prosecutor General`s Office(with consent) / SC No. 6
(e.) Ensuring Equal Treatment
2.1.29.exchange best practices to ensure the equality of men and women in social and economic life and promote the greater participation of women in public life and decision-making; / Ministry of Social Policy, Ministry of Justice,
other executive authorities / SC No. 6
2.1.30.combat domestic violence by supporting the strengthening of the legislative framework and practices of the law enforcement agencies regarding domestic violence and through awareness raising and training. / Ministry of Social Policy, Ministry of Youth and Sports, Ministry of Internal Affairs / SC No. 6
(f.) Ensuring respect for Children’s Rights
2.1.31.in the context of the commitments under the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography[1] to strengthen cooperation on preventing the sale, trafficking and exploitation of children; / Within the competence:
Ministry of Social Policy, Ministry of Youth and Sports,Ministry of Internal Affairs, Ministry of Foreign Affairs, involvingSecurity Service and Prosecutor General`s Office(with consent) / SC No. 6
2.1.32.developing juvenile justice standards in line with relevant international standards. / Ministry of Justice, Ministry of Social Policy,
Ministry of Internal Affairs, Ministry of Youth and Sports / SC No. 6
(g.) Ensuring Respect for Trade Union Rights and Core Labour Standards
2.1.33.further strengthen efforts, including through exchanges of best practices, to promote the full enjoyment of trade union rights and core labour standards based on International Labour Organization Conventions, and promote the effective use of collective bargaining. / Ministry of Social Policy / SC No. 2
2.2. Combating Corruption
2.2.1.promote cooperation within the Council of Europe Group of States against Corruption and follow up the implementation of its relevant recommendations, notably on improving legislation on the fight against corruption; / Ministry of Justice, other executive authorities / SC No. 6
2.2.2.ensure implementation of the UN Convention against Corruption and the Council of Europe Criminal Law Convention on Corruption; / Ministry of Justice, Ministry of Internal Affairs, Prosecutor General`s Office(with consent), other executive authorities / SC No. 6
2.2.3.implementation of the National Anti-Corruption Strategy in cooperation with relevant EU bodies; / Ministry of Justice, Ministry of Internal Affairs,
Ministry of Revenue and Duties, Ministry of Finance, National Agency on Civil Service, other executive authorities, involving Security Serviceand
Prosecutor General`s Office(with consent) / SC No. 6
2.2.4. ensure adequate follow-up on the recommendations on combating corruption outlined in Progress Reports on the implementation of the Action Plan on Visa Liberalisation of 9 February 2012. / Ministry of Justice, other executive authorities / SC No. 6
2.3. Foreign and Security Policy
Regional and international issues, cooperation on foreign and security policy, WMD non-proliferation and disarmament,
conflict prevention and crisis management
(i.)Further strengthen convergence on regional and international issues, conflict prevention and crisis management; work jointly to make multilateral institutions and conventions more effective, so as to reinforce global governance, strengthen coordination in combating security threats and address development related issues
2.3.1.intensify consultations and coordination through available diplomatic and military channels to address international issues of common concern, including and especially challenges to commonly shared principles of international peace and security, as established by the UN Charter, the OSCE Helsinki Final Act and other relevant multilateral documents, also in view of Ukraine’s practice of aligning with EU CFSP declarations and common positions; / Ministry of Foreign Affairs, Ministry of Defence / СС
2.3.2.continue dialogue on implementation of the European Security Strategy; / Ministry of Foreign Affairs, Ministry of Defence / СС
2.3.3. continue regular EU–Ukraine consultations on crisis management; / Ministry of Foreign Affairs, Ministry of Defence,
Ministry of Internal Affairs / СС
2.3.4.continue the practice of jointly identifying opportunities for Ukraine to participate in current and future CSDP operations, building on the good experience of Ukraine’s participation in EU operations in the Balkans, as well as other EU operations (e.g. Atalanta); / Ministry of Foreign Affairs, Ministry of Defence,
Ministry of Internal Affairs, Security Service(with consent) / СС
2.3.5.further implement “Seville” Arrangements for Consultation and Co-operation between the EU and Ukraine in EU-led crisis management operations, including continued participation of Ukraine in relevant crisis management exercises and CSDP-related training activities; / Ministry of Foreign Affairs, Ministry of Defence,
Ministry of Internal Affairs / СС
2.3.6. increase interoperability where appropriate between Ukrainian peacekeeping units and EU Member States forces through lessons learned from relevant EU crisis management operations to which Ukraine participated, and through involvement of the units of the Armed Forces of Ukraine into the formation of EU Multinational Tactical Battle Groups; / Ministry of Defence, Ministry of Internal Affairs,
Ministry of Foreign Affairs / СС
2.3.7.Ukraine and the EU to enhance their joint efforts within the 5+2 framework, with the aim of reaching a viable settlement to the Transnistrian conflict in the Republic of Moldova; / Ministry of Foreign Affairs, Ministry of Revenue and Duties, Administration of State Border Guard Service, Ministry of Internal Affairs / SC No. 5, 6
2.3.8. the EU and Ukraine to continue cooperation with the Republic of Moldova on border issues; / Administration of State Border Guard Service,
Ministry of Foreign Affairs, Ministry of Internal Affairs / SC No. 5, 6
2.3.9.continue consultations on sanctions applied by the EU; / Ministry of Foreign Affairs
2.3.10.explore further concrete ways of achieving higher convergence in the field of foreign and security policy; / Ministry of Foreign Affairs / SC No. 6