CSOs Call on DG NEAR to Strengthen Engagement in Ukraine’s Recovery and Accession Efforts
Brussels/Kyiv
October 7, 2024
In this briefing to stakeholders engaged in the implementation of the Ukraine Facility and Ukraine’s accession process, civil organisations (CSOs) advocating for Ukraine’s sustainable recovery wish to underscore the lack of a robust participatory mechanism from DG NEAR, as required by established EU best practices for external action. This shortfall significantly undermines the ability of CSOs to fulfill their essential roles as watchdogs, experts, and conveners which are vital for ensuring transparency, accountability, and inclusiveness in the recovery process.
Background
The European Commission's Proposal for a Regulation of the European Parliament and of the Council on establishing the Ukraine Facility of 20.6.2023 (COM(2023) 338 final) lacked a clear commitment to ensuring civil society participation. During the co-decision process, more references to participation entered the Regulation as adopted in February 2024:
(20) – “The Union should also foster (…) close consultation and participation of Ukrainian civil society organisations. The Union should encourage their meaningful participation in the recovery, reconstruction and modernisation of Ukraine, based on sustainable development and through the implementation of the Sustainable Development Goals at local and regional level”
Article 4.6. – “The Commission shall ensure that civil society in Ukraine, including non-governmental organisations, is able to directly report any irregularities it may detect to the Commission via appropriate standing channels, as well as to send to the Commission opinions on the implementation of the Ukraine Plan and the evaluation of its measures by the Ukrainian government.”
In addition, accession negotiations have started between the EU and Ukraine. The EU-Ukraine negotiating framework emphasises that decisions will be made openly and transparently which implies the need for a mechanism to ensure this. We assume that the processes of implementing the Ukraine Facility and Ukraine’s EU accession are closely intertwined.
CSOs have expressed their willingness to contribute to implementation of the Ukraine Facility and the associated Ukraine Plan, along with the conditions for doing so, in the Joint Statement issued in the context of the Ukraine Recovery Conference 2024 in Berlin.
Status-quo
Informal dialogue: Since early 2023, DG NEAR has invited CSOs engaged in a sustainable recovery of Ukraine to participate in four meetings. However, these meetings were scheduled with very short notice, and the technical conditions for virtual participation were either insufficient or unreliable, significantly limiting the ability of CSO representatives to engage effectively. No minutes were provided from these sessions. Additionally, the limited flow of information between meetings meant that much of the 1.5-hour sessions was spent with CSOs seeking clarification on procedural aspects, leaving little room for meaningful dialogue. Many key questions remained only partially addressed.
Publicly available information: Currently, only limited information regarding Ukraine-related EU policy processes is accessible to the public. Although DG NEAR is developing a website to facilitate easier access to this information, it is not expected to be operational until 2025, leaving a significant information gap in the meantime.
Level of access to DG NEAR: CSOs have repeatedly expressed a desire for direct engagement with higher-level representatives of DG NEAR regarding Ukraine-related affairs, including through formal written requests. However, thus far, they have only been granted access to technical desk officers who lack the authority or mandate to discuss more strategic concerns.
In conclusion, CSOs believe that the objective of the Ukraine Facility Regulation - to foster close consultation and encourage meaningful participation of Ukrainian civil society in the recovery, reconstruction and modernisation of Ukraine - requires a more structured and transparent approach aligned with established EU best practice.
CSO asks
To ensure CSOs can play a meaningful and effective role in the implementation of the Ukraine Facility and Ukraine’s EU accession process, the following mechanisms are urgently needed:
Establish a formalised engagement mechanism: Transition from the current ad-hoc informal dialogue to a fully institutionalised engagement model. This could take the form of an expert / working group or structured dialogue, similar to existing mechanisms under other EU external programs, e.g. Policy Forum on Development, Global Gateway CSO advisory platform or the possibility to contribute within expert groups in strategic agenda setting various expert groups set up strategic development processes. Such a forum would ensure consistent and constructive collaboration with CSOs in the implementation of funds.
Ensure Ukraine’s government implements the partnership principle: Encourage the Ukrainian government to fully adopt the EU’s partnership principle, as outlined in Chapter 22 of the acquis. This should include appointing a monitoring committee that includes civil society representatives to oversee the implementation of the Ukraine Facility, ensuring transparency and accountability in line with EU best practices.
Enable strategic dialogue with senior leadership: Facilitate regular strategic discussions between senior DG NEAR management and CSOs working on Ukraine-related issues. These high-level meetings would provide opportunities to address key concerns and enhance cooperation on Ukraine’s recovery and accession process.
Engage green CSOs in policy input: Ensure that DG NEAR invites environmental and sustainability-focused CSOs to contribute to policy documents, with sufficient time to provide detailed input at critical stages of the Ukraine Facility’s implementation and accession negotiations.
Maintain a transparent and updated timeline: Publish and continuously update a comprehensive timeline outlining key review and decision-making milestones related to the Ukraine Facility and accession processes. This would allow CSOs to better prepare and contribute to important discussions.
Support CSO capacity building and resources: Develop capacity-building programs and establish a grants facility (even if modest) to empower CSOs with the knowledge, tools, and financial resources necessary for informed and sustained engagement in Ukraine’s recovery and EU accession efforts.
WWF
Greenpeace
CEE Bankwatch Network
Eurogroup for Animals
Transport & Environment
Centre for Environmental Initiatives 'Ecoaction'