Welcome to Wider Europe, RFE/RL's newsletter focusing on the key issues concerning the European Union, NATO, and other institutions and their relationships with the Western Balkans and Europe's Eastern neighborhoods.
I'm RFE/RL Europe Editor Rikard Jozwiak, and this week I am drilling down on two issues: Ukraine's tough task now that EU accession talks have started and a look into the EU's latest Russia sanctions.
Briefing #1: Ukraine Opens EU Accession Talks; Now Comes The Hard Part
What You Need To Know: On June 15, Ukraine (along with Moldova) finally started EU accession talks after a two-year blockade by Hungary was lifted with the newly sworn in government in Budapest.
Ukraine opened the first of six negotiation clusters into which the 33 policy chapters covering all EU rules and regulations are divided. What Ukraine has to do now -- and for the foreseeable future -- is to incorporate the EU laws in all these areas into their own.
Opening clusters is, as any EU official will tell you, the easy bit. You need unanimity from all EU member states to open the talks, but it's closing them that's the tricky part as Brussels is a stickler for all of its rules being followed. And again, all 27 EU member states need to give their green light for that.
Deep Background: In any EU enlargement process, the first cluster is opened first and closed last -- largely because its five chapters are essential for the basic functioning of any democracy. This is why Brussels refers to cluster one as "the fundamentals."
Three chapters dealing with public procurement, statistics, and financial control are highly technical and could be "closed" relatively quickly even though so far Ukraine has only what the European Commission calls "partial alignment" in these.
But it's the chapters on the rule of law -- namely Chapter 23, which deals with "judiciary and fundamental rights" and Chapter 24, dealing with "justice, freedom and security" -- that are the hardest.
Here, Ukraine (and any other EU candidate) needs to focus first on meeting so-called interim benchmarks before they can close. Ahead of cluster one being opened, all EU member states have set out a common EU position totaling 37 pages, seen by RFE/RL, on what exactly Ukraine has to do to meet those benchmarks.
Drilling Down
- The biggest hurdle for Kyiv is a judicial overhaul in order to reach even the interim benchmarks. The EU common position demands revised vetting procedures for the Ukraine's Supreme Court and other high court judges "without delay."
- It goes on to ask for the "rendering the selection and dismissal procedure for the Prosecutor-General and high-level prosecutors more transparent and merit-based," as well as addressing the backlog in disciplinary cases, reducing the shortages of judges and support staff, introducing an effective periodic performance evaluation of judges and prosecutors, reforming the Bar, and improving the legal education system.
- Then there's tackling and preventing corruption, which has been a major concern for many EU member states, notably after Ukrainian President Volodymyr Zelenskyy last year tried to throttle the country's two anti-corruption agencies, the National Anti-Corruption Bureau of Ukraine (NABU) and Specialized Anti-Corruption Prosecutor's Office (SAPO).
- Unsurprisingly, the EU is asking for increased powers for both, including extended jurisdiction for NABU to cover "all high-risk public positions" and for SAPO to be given "necessary powers to start criminal proceedings against Members of Parliament without prior approval of the prosecutor-general."
- Some of the asks are hard to measure, so it will be up to the European Commission and member states to judge whether Ukraine, for example, makes "further progress," as the document puts it, in several areas such as asset declarations, whistleblower protection, conflicts of interest, lobbying, financing of political parties, and electoral campaigns.
- It will be equally tricky to judge when Kyiv has "made tangible progress toward a solid track record of investigations, prosecutions, and convictions in corruption cases, in particular final convictions at high level, and increased the number and overall value of seized, frozen and confiscated assets."
- Or, for that matter, to qualify what it means to demonstrate "a solid track record of investigations, prosecutions and final convictions in all fields of serious and organised crime."
- EU officials tell me the wording is kept deliberately vague because they want Ukraine to show progress over a longer period of time to make sure a revamped justice system is really working. That means keeping Ukraine waiting before it joins -- something Ukrainians, hoping for speedy EU membership, might not want to hear.
Briefing #2: What's In The Latest Russia Sanctions Proposal?
What You Need To Know: The EU keeps piling sanctions on Russia. Less than two months after adopting its 20th package since the full-scale invasion of Ukraine in February 2022, the European Commission on June 9 presented EU member states with the proposed 21st package.
The key takeaway is the proposed blacklisting of high-ranking Russian individuals such as Patriarch Kirill of Moscow; Arkady Dvorkovich, head of the International Chess Federation; and historian Vladimir Medinsky, who was part of Moscow's negotiating team meeting Ukrainian officials earlier this year. Hungary's previous government had vetoed their blacklisting, but the new leaders in Budapest are in support of the sanctions, according to EU sources RFE/RL spoke to.
Deep Background: On the sectoral side, a leaked version of the proposal seen by RFE/RL didn't include anything hard-hitting. But it does finally block the import of Russian-caught fish, notably Alaska pollock and cod, and proposes banning imports of copper ores, nickel ores, lead ores, precious-metals ores and unwrought zinc alkali.
EU operators would be banned from exporting items to Russia such as nickel powders, metal, and alloys used in corrosion-resistant coating of jet engines, beryllium powders used in propellants and high-performance alloys, tapes, and strips -- all essential components used in drone production.
Another new thing is a proposed dedicated ban for crypto-asset services to third countries that are helping Russia circumvent sanctions. No country is currently listed, but a transaction ban targets 11 specific crypto platforms or firms that Brussels says have aided the Kremlin in dodging restrictive measures, including in Belarus, Georgia, Marshall Islands, Nigeria, Panama and the United Arab Emirates.
The EU also calls for a transaction ban on a Kyrgyz bank connected to the Russian Mir card payment system, and three Kyrgyz and two Kazakh companies are also targeted for supplying Russia with military goods.
Drilling Down
- As with every sanctions package, the EU adds more vessels to its blacklist that the bloc believes are part of Russia's so-called shadow fleet. Thirty new ships are proposed for this round, potentially taking the total number to 660.
- It would also become a sanctionable offense to sell LNG tankers to Russia, copying a similar ban already in place for oil tankers. As with oil tankers, there's a proposal to introduce a "No Russia clause" when selling LNG tankers to third countries.
- To adapt to skyrocketing oil prices due to the conflict in the Middle East, the European Commission suggests suspending for six months the oil price cap, which currently stands at $44.10.
- With the Russian economy benefiting from soaring oil prices, the sanctions text notes that "given the recent exceptional disturbances in the markets for crude oil and petroleum products and to ensure that the price cap remains effective in achieving its objectives, it is appropriate to suspend the amendment of the price cap."
- Taking up on an Estonian proposal floated already in February ,the European Commission is proposing banning entry to the Schengen zone by anyone who has fought with the Russian Army or any pro-Kremlin proxy group in Ukraine in the past four years.
- The main challenge here will be all the fact-checking involved. Estonia has relied on both social media accounts and intelligence to put thousands for combatants on the Schengen entry ban, which in theory should be applicable throughout the entire area but would require individual countries to continuously monitor the Schengen Information System (SIS) and make sure they haven't issued tourist visas to some of these individuals.
- Finally, the sanctions package suggests various legal ways to protect EU firms for upholding Russia sanctions, such as an amendment ensuring EU courts can order "anti-enforcement injunctions" to deter enforcement of Russian judgments in third countries.
- Currently, the scope is limited to more specific types of Russian judgments such as banking, but the new proposal covers all Russian legal attempts to challenge any EU sanctions decision.
- There will also be a new instrument for EU firms to have the possibility to sue third-country contractual parties if these parties sue the EU firm outside the bloc for having suspended or terminated contracts in order to comply with sectoral sanctions imposed on Russia.
Looking Ahead
There are plenty of meetings in Brussels this week, but keep an eye on the NATO defense ministerial on June 18. It is the last time the alliance's defense ministers meet before the NATO Summit in Ankara in early July, and all eyes will be on US defense chief Pete Hegseth.
Hegseth expects European allies to present concrete plans on how they will increase defense spending. He will also undoubtably be asked about reports that Washington plans to reduce its military footprint in Europe.
That's all for this week! Feel free to reach out to me on any of these issues on X @RikardJozwiak, or on e-mail at jozwiakr@rferl.org.
Until next time,
Rikard Jozwiak
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