Main information/Analitics

Europe without Barriers released the outcomes of civic monitoring of the Action Plan on Visa Liberalisation

Europe without Barriers released the outcomes of annual comprehensive civic monitoring of the Action Plan on Visa Liberalisation (VLAP), granted to Ukraine by the EU on November 22, 2010.

The Action Plan on Visa Liberalisation covers 4 major areas (blocks): Document security including biometrics; Illegal Immigration Including Readmission; Public Order and Security; External Relations and Fundamental Rights. The implementation of VLAP is divided into two phase: 1) introducing legislative changes and preparing reforms; 2) the implementation of those reforms.

As of February 2012, Ukraine undergoes the first legislative policy phase. The first Progress Report on VLAP’s implementation was presented to Ukraine by the European Commission (EC) on September 16th, 2011. The second Progress report evaluating the progress of Ukraine in implementing VLAP with the European Union has been delivered to Ukraine on February 9th, 2012. 

On February, 20, 2012 Europe without Barriers presented civic independent monitoring of the 1st phase VLAP’s implementation. Also experts offered a comparative evaluation of the results of central executive bodies work, involved into the process of visa liberalisation and the results of the policy study “Making EU Assistance Work for Visa Liberalization: Assessment of Ukraine’s Capacities to Ensure Aid Effectiveness”, introducing the analysis of the capacities of Ukrainian government to ensure effectiveness of the EU assistance provided in the areas covered by the EU-Ukraine VLAP

During the presentation of results of the monitoring, the head of civic initiative “Europe without Barriers” Iryna Sushko introduced the methodology of the independent monitoring and its main performers. The expert of Europe without Barriers Oleksandr Sushko made a comparison assessment of VLAP implementation by blocks. Expert marked both as the progress as well as shortcomings in VLAP implementation and accentuated the selectivity in achievement of the goals, envisaged in the Action Plan.

Oleksiy Khmara, TORO Creative Union indicated the policy of preventing and countering corruption in Ukraine as one of the most sensitive and difficult issue to implement. He put an accent on problems related the legal framework and institutional set up Ukraine’s anticorruption policy and emphasized the insufficient political will of Ukrainian authority to introduce anticorruption reforms and fulfill its obligations taken under International treaties.

Natalia Belitser, the expert of Pylyp Orlyk institute of Democracy stressed that Ukraine did not move forward in adoption of comprehensive antidiscrimination legislation. She also admitted that an Antidiscrimination Strategy developed by the Ministry of Justice set up a significant step forward, but is not sufficient in terms of goals formulated in VLAP.

Kateryna Levchenko, the international Woman’s Right Center admitted that despite the fact that the Law of Ukraine “On Combating Trafficking in Human Beings” has been passed, the policy still lacks proper institutional framework and necessary financing support for combating trafficking in human beings.

Researcher from the Open Society Institute (Budapest), Valeriya Shamray, pointed out the fact that Ukraine does not fully use the possibilities of the EU technical assistance in order to obtain visa-free regime with the EU. She also defined priority directions for applying EU assistance: migration policy, border management, public order, fighting against illegal migration, countering human trafficking.

Volodymyr Kipen, Donetsk Institute of Social Research and Political Analysis, representative of Europe without Barriers presented “Migration potential of Ukraine in the context of acquiring a visa-free regime with the EU, Will lifting visa regime affect the number of potential migrants from Ukraine to the EU?". According to his findings only 5% of the population has clear plans to move abroad for a long term stay (more than six months).

Main conclusions of the monitoring

In general experts conclusions underline that major legal acts within the VLAP where adopted in May-October 2011 which proved to be the most productive period during the entire 1st phase of VLAP. Since November 2011 the pace of the VLAP implementation has slowed down.

According to the expert’s conclusions, progress of Ukraine on the way to visa free regime with the EU is uneven and disproportionate. The general results of the analysis shows that Ukraine is not supposed to obtain visa free regime with the EU in terms which it expected (2012-13).

Having achieved considerable and notable progress in Block 2 (Illegal Immigration including Readmission) and a certain moderate success in Block 3 (Public Order and Security), at the same time Ukraine completely failed Block 1 (Document Security including Biometrics) and settled for rather modest advances in Block 4 (External Relations and Fundamental Rights).

Ukraine’s biggest achievements was registered in the following policy areas: border management (introduction of integrated border management IBM), migration policy, including its legal and institutional set up; asylum policy and institutional mechanism of regulation procedures of refoulement and  returning asylum seekers and refugees; the progress has been achieved in in anti-corruption, counter-crime and countertrafficking policy; substantial progress has been fixed in providing institutional framework for the policy on trafficking in human beings and  fighting against corruption.

Meanwhile the adequate legislative set up for travelling abroad with an electronic chip containing boimetric data, as well as the frame which will regulate procedure of procurement of blank-sheets of such documents has not been created yet. The cornerstone of the VLAP Block 1 provides for adoption of legislative framework for issuing machine readable international passports in full compliance with highest ICAO standards on the basis of secure identity management (civil registry and breeder documents) and taking into account adequate protection of personal data. It should be also noticed that since the government has not elaborated comprehensive antidiscrimination legislation introducing practical mechanisms for preventing and fighting discrimination, that provides for the biggest gap for the entire VLAP Block 4.

In order to improve the situation and promptly enter the second phase of the Action Plan in the near future Ukraine should adopt at least three laws: (1) On Documents Identifying a Person and Confirming Citizenship of Ukraine, (2) on Preventing and Combating Discrimination and (3) on Special Agency on Anticorruption Policy. In addition, more than 10 relevant by-laws should be adopted; they would establish adequate working mechanisms for implementation of these and other, previously adopted laws.

Implementation assessment by VLAP Blocks:

Block 1. Document security including biometrics
The least progress among 4 VLAP Blocks was registered in Block 1 “Document Security Including Biometrics”. It was caused by the lack of coherence of central executive authorities, the government as whole and certain interested groups of parliamentary majority concerning the principal draft law “On Documents Identifying a Person and Confirming Citizenship of Ukraine”. The majority of other normative and legislative acts relating to this block can be approved only after this core draft law enters into force. The  general implementation indicator of the first VLAP phase in Block 1 has been defined as 25%.

Block 2. Illegal migration including readmission
Experts noted the highest implementation level of VLAP benchmarks in Block 2 comparing to all 4 Blocks. Implementation indicator of the first phase of VLAP Block 2 has been defined as 85%.


Block 3. Public order and security
Ukraine has achieved considerable progress in Block “Public Order and Security”, however further efforts are required, in particular  in combating corruption, human trafficking and international law enforcement cooperation (establishment of operational cooperation with Europol and protection of personal data). Implementation indicator of the first phase of VLAP Block 3 is 70%.


Block 4. External Relations and Fundamental Rights
Progress made in the Block “External Relations and Fundamental Rights” is not sufficient. Implementation indicator of the first phase of the VLAP Block 4 is as high as 40%


Experts acknowledged that after the VLAP was launched there has been positive progress in ensuring transparency and publicity in implementation and monitoring of the VLAP: the parties officially published the VLAP; before it was a document with restricted access; Ukrainian party involved independent experts at the initial stage of drafting the National Plan to implement the Action Plan on EU Visa Liberalisation for Ukraine (NP); NP become an open document available fon governmental webresources; Ukrainain party allowed independent experts to get familiar with two reports submitted by Ukrainian government to the European Commission in June and November 2011.


At the same time some steps further should be taken to provide more transparency for including civil society’s representatives into the legislative process of Coordination Centre of VLAP  Implementation.


As of February 2012, the most optimistic prognosis is Ukraine’s transition to the second phase of the Action Plan at the end of 2012 in case if Ukraine consider the shortcomings addressed in the EC second Progress report and correct them till the second decade of current year.

Full set of monitoring findings will be avaliable on our website very soon !