Finnish Institute of International Affairs (FIIA) Seminar "The Freeze in EU-Russia Relations: Is There a Way Out?" 19 May 2015

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1 Finnish Institute of International Affairs (FIIA) Seminar "The Freeze in EU-Russia Relations: Is There a Way Out?" 19 May 2015 Speech by the Head of the Delegation of the European Union to the Russian Federation Ambassador Vygaudas Ušackas Welcome Ladies and gentlemen, 1. I would like to thank the Finnish Institute of International Affairs for organising this timely seminar and for inviting me to deliver a keynote speech. 2. This magnificent seminar venue, which was originally built more than 100 years ago for officers of the Russian Empire, offers appropriate surroundings for a fruitful discussion on EU-Russia relations. 3. I am well aware that Finland is keen to navigate a safe passage through the troubled waters in which we now find ourselves. Among other things, management of a 1300-kilometer borderline, maintenance of extensive business contacts across the vast Russian territory as well as operations of the biggest Schengen Consulate anywhere in the world, in St. Petersburg, illustrate the close interlinks that currently exist between Finland and Russia. Good cooperation in past years 4. Ladies and Gentlemen, when the European Union sent me as Ambassador to Russia, in the autumn of 2013, I still witnessed an atmosphere of good, promising cooperation. 5. The EU and Russia were pursuing many different dialogues between the governments, were working towards visa liberalisation, had talks about a new 1

2 agreement, and were trying to make Russia's WTO accession a success. The EU also supported broad societal modernisation efforts in Russia. So, overall, we had an ambitious positive agenda. 6. Europe assumed for a long time the existence of a strategic partnership with Russia, built on convergence of values, economic integration and increasingly open markets. We thought that Russia and the EU could become a powerful joint force for the good. For more than 20 years, in line with our Partnership and Cooperation Agreement, we worked under such premises. We looked at Russia as a European country, which was ultimately likely to embrace both democracy and a broadly liberal conception of the world order. Therefore, the EU has always been a strong supporter of Russia's accession to international organisations such as the Council of Europe, the extension from G7 to G8, the WTO, and more recently the application for OECD membership. Cooperation has been undermined, differences have come to the fore 7. Today, when listening to speeches by some Russian officials or watching Russian television, it seems that we were living in a world of misperceptions and delusions. We have had to witness, unfortunately, how the hopes that were connected to the rich potential of this cooperation have been replaced by a sense of crisis a crisis characterised by mutual mistrust. In my view, cooperation has been undermined by a number of steps principally taken by Russia in recent years. Developments of last several years have demonstrated that Russia is making its own sovereign choices, which do not correspond with the premises on which the EU based the strategic partnership. 8. The unfolding crisis in Ukraine surely was the decisive blow. It is more than a year now that the illegal annexation of Crimea and Sevastopol, which the EU condemns and does not recognise, and the destabilisation of Eastern Ukraine have transformed Russian foreign policy, the EU-Russia relationship and the European security architecture. The fundamental principles which all European countries agreed just few kilometres away from here 40 years ago seemed to have been all but discarded. I know that re-consolidation of European security as a common 2

3 project is something which you Teija [Tiilikainen], along with the other OSCE Eminent Persons, are considering. We look forward to the results of your work. 9. As a consequence of the crisis in Ukraine, joint efforts and cooperation were replaced by sanctions and anti-sanctions policies. 10. Today, the EU and Russia are seeing major differences in outlook and perceptions, something which may be called a 'clash of world views': We seem to be unable to agree on the future of our common neighbourhood in Eastern Europe. We seem to think differently about what is the right balance between the interest of the citizen and the state, especially after Bolotnaya and the limits which were imposed on civil liberties. And we also have major disagreements in the area of trade policy, where Russia is not living up to its commitments under the WTO rules. No matter whether we talk about the Eastern Partnership, civil society, human rights, the Maidan, economic policy or sanctions unfortunately we seem to see things differently. 11. As a result of the present crisis in the EU-Russia relationship, the sides are now running the very real and grave risk of falling into the trap of long-term strategic rivalry and competition. This is a dangerous development. Towards a new modus operandi 12. Ladies and Gentlemen, it is clear that such a negative scenario cannot be in anyone's interest. As late President of Finland Paasikivi observed many decades ago, "acknowledgement of facts is the beginning of all wisdom". The facts are that we are living on the same continent, and neither the EU nor Russia is going to disappear. Isolation is not an option. We have to continue to live with each other, whether we like it or not. We remain truly interdependent. 13. The point is the EU wants to see the Ukraine crisis solved and international order restored, but there is no objective to isolate Russia. None whatsoever. On the contrary, the EU is looking forward to welcoming Russia back as a responsible player on the international scene. But obviously this decision depends on Russia. 3

4 14. So despite our differences which we cannot and should not hide how can we rediscover lost common ground, try to mend our relations, and establish a modus operandi? As our seminar today asks, what could be the way out of the freeze in EU-Russia relations? Ukraine 15. Surely the EU and Russia must first tackle differences over Ukraine, while respecting sovereignty and territorial integrity of our common neighbour. The Minsk agreements are a good start. It is however their full implementation which now matters. The EU is monitoring and supporting this process closely. 16. After six long years of negotiation, Ukraine decided to sign the DCFTA with the EU. The Ukrainian people are placing great hopes on this agreement, hopes for more economic growth after years of stagnation, hopes for a modern democracy after years of corruption. In other words, the Ukrainian people are hoping for a better future. 17. Ukraine clearly has the right to make its own sovereign choices. Indeed, not only did we all agree to such principle in various international treaties, beginning in the 1970s, but it also informed our actual policies over the past two decades. Ukraine's independence was explicitly recognised in both the Budapest Memorandum and the Kharkov Pact on the Black Sea Fleet Status. 18. But whatever Ukraine's sovereign choice, it is not a choice between the East and West. The EU wishes to build a good, stable and prosperous neighbourhood for all of Eastern Europe, for the entire neighbourhood, and beyond. And this includes Russia. In this sense, and I am confident this will also be the view of the EU Heads of State and Governments at the Riga Summit later this week, Ukraine's choice was not between Russia and the EU. Rather, we all know we can only rebuild Ukraine, offer the Ukrainian people a better future, and support the fulfilment of their hopes, if Russia and the EU work together. 19. For our part, the EU has firmly committed itself to supporting Ukraine. Financially, we have already mobilised six billion euro of the 11 billion euro support package 4

5 which we pledged last year. Ukrainian businesses and the Ukrainian economy benefit from trade preferences and access to the EU market. We are engaged in a substantial support programme helping the Ukrainian sector reforms, not least the important energy sector reforms, but also the reform of public administration and the judiciary as well as the fight against corruption. Those facing crisis in Ukraine are benefitting from 140 million euro in humanitarian aid. Small and medium sized businesses will benefit from a 110-million-euro package, in particular in areas most affected by the conflict. 70 million euro has been allocated to help repair the environment around Chernobyl. These are just a few examples in some key areas in which the EU is engaged. 20. Recently, Commission President Juncker pledged support to the big task of reforming Ukraine. As he said, "ultimately, the choices lie not with the EU, but with Ukraine: with its people, its politicians, its institutions. We will provide the means, if Ukraine provides the will." The Eastern Partnership 21. Second, the Eastern Partnership remains a foreign policy priority for the EU. It is about relations between the EU and its partners and it is not directed against any third parties. Indeed, no-one should see the Eastern Partnership as antisomething. The gain of one does not need to be the pain of someone else. 22. The Eastern Partnership is a genuine partnership where the EU has offered a range of cooperation instruments available to our partners in the Eastern Europe. We have agreed together on how they could be used in specific circumstances of our Eastern neighbourhood. Since 2009, we have established a dense network of relations at all levels, and significantly strengthened cooperation in areas such as good governance, the rule of law, economic cooperation, transport and energy. 23. The upcoming Riga Summit will be an opportunity to reconfirm the importance the EU attaches to its Eastern Partnership, to demonstrate the EU's will to build closer and differentiated relations with its Eastern partners, and to contribute to the modernisation of their economy. The EU remains the first trading partner for all 5

6 these partners except Belarus. We are convinced that trade is the best tool for growth, and trade liberalisation is a catalyst for structural reform, creating additional opportunities for innovation and productivity growth. 24. Let me stress that the EU recognises the fact that Russia has legitimate trading and economic interests in our common neighbourhood. The EU continues to be open to discuss them in bilateral and trilateral talks. For this purpose, only yesterday Trade Commissioner Malmstrӧm hosted in Brussels a trilateral ministerial meeting with her Russian and Ukrainian counterparts. They discussed the implementation of the EU-Ukraine Association Agreement and Free Trade Agreement which will be provisionally applied from 1 January next year. Let me stress a few points of particular importance from their Joint Operational Conclusions of yesterday: "The parties reiterated their commitment towards the development of trade in the region as a means to achieve inclusive economic growth". The parties also agreed to intensify efforts to find practical solutions in the areas of Customs cooperation, Technical Barriers to Trade and Phyto-Sanitary Issues, and will report to Ministers no later than July. I hope and expect for constructive approach. 25. The EU is also following the Eurasian integration process. Time will tell whether the Eurasian Economic Union will emerge as a new conduit through which can make progress in our economic relations. The economy 26. Third, in the economic field, the EU remains Russia's number one trading and investment partner. Our bilateral trade has been growing consistently, to 326 billion euro in 2013. The EU represents about half of Russia's external trade, and our economies are complementary. In addition, about 75% of Russia's existing stock of foreign direct investment (about US$ 500 billion) has come from the EU. 27. The EU and Russia have to put these economic relations on a sound and predictable footing, on a set of mutually accepted rules. Otherwise, our economies and businesses cannot thrive. Unfortunately, so far, and despite the fact that 6

7 Russia joined the WTO in the summer of 2012, we have not been able to do so when it comes to the multilateral framework governing our trade relations. Indeed, it is difficult to think of any other recent WTO accession that has so quickly turned from a sense of optimism to deep disappointment, and that has resulted in more, rather than less, protectionism. 28. Bilateral rules for instance those embodied in the EU's DCFTAs (free trade agreements) are another field where we have yet to see eye to eye with Russia. In the case of Ukraine, the EU has signalled that it is open to considering real Russian concerns when it comes to implementation issues of the recently concluded agreement. Clearly, in the very long term, building a common humanitarian and economic space from Atlantic to the Pacific remains on the cards, but after all these years we need to move from rhetoric to deeds. This means to agree on the principles of free market, open economies and competition. Energy 29. Fourth, the EU and Russia are similarly interdependent in the field of energy. The new EU Energy Union Strategy, while advocating diversification of supply, leaves room for continuing competitive energy trade with Russia. As said, the EU also stands ready, evidenced by the successive rounds of the trilateral gas talks, to continue to act as an honest broker and seek a lasting and sustainable solution in the gas dispute between Ukraine and Russia. Not least because this is in the interest of security of supply of gas to European consumers and in Russia's interest to be seen as a reliable supplier. 30. As we have said many times, the EU would wish to engage on a positive and constructive agenda with its important energy trade partner. Reliability and trust are key, and we expect our partners to respect our laws when promoting projects on our territory. We also believe both sides should value stability and predictability in this respect, and should avoid unilateral announcements, surprises and projects which appear to be politically motivated, rather than driven by commercial considerations. 7

8 31. In this regard, the recent Gazprom antitrust case, which began in 2012, entered a new phase. As with all competition cases, it is assessed on its own merits based on the rules of EU competition law. These rules apply to all companies operating on EU territory, irrespective of their nationality. For example, Commissioner for Competition Vestager sent recently a statement of objections also to Google and to the Bulgarian Energy Holding. Several European companies have been fined for similar practices of abuse of dominant position/territorial restrictions and measures to partition the market. 32. When the conditions are right, the EU will consider reframing the energy relationship with Russia based on the principle of a level-playing field, in terms of open markets, fair competition and environmental protection to the benefit of both sides. Scientific cooperation, education, Schengen, and people-to-people contacts remain important 33. Fifth, people-to-people contacts and dialogue between our citizens remain of the essence. The EU is keen to enhance relations with the Russian population at large: business leaders, representatives of civil society, the scientific and educational community, experts and independent media. 34. Despite the current crisis, Russia remains by far the country where most Schengen visas are issued (5.8 million in 2014; with a refusal rate of less than 1%), and I should express my appreciation for Finland for its major role in the issuance of Schengen visas in Russia. 35. EU-Russia scientific cooperation, despite the current crisis, continues to thrive. In science and technology, the large EU funded innovation and technology programme Horizon 2020 remains open to Russia for the period 2014-2020. 36. In the field of higher education, we continue our cooperation between universities, we modernise curricula, we enhance quality of education, and we organise mobility of students and researchers under the Erasmus Plus Programme. It is only regretful that the EU's outreach to some Russian universities is being limited 8

9 and our Europe Days are cancelled by the Russian authorities. We hope to be able to again engage fully soon. 37. And our cross-border cooperation programmes are ongoing, with EU financial support and include seven land and two sea basin programmes. Human rights and civil society 38. Sixth, the EU sees with preoccupation a clear downward trend in the protection of human rights in Russia. We have called on Russia on different occasions to amend restrictive legislation curtailing fundamental rights and freedoms, and to improve the functioning of the judiciary and penitentiary systems, in line with Russia s international commitments. 39. The EU has emphasised the need to respect the freedoms of association and assembly, and to protect civil society from pressure and interference with their activities. We have expressed on different occasions our concern with the stigmatising role played by the Foreign agents law. This label is now carried already by 62 Russian NGOs while at least a dozen groups have chosen to shut down rather than being associated with such a label. We also remain concerned about the abuse of judicial procedures as an element of pressure on political activists or demonstrators. Russia and Europe in the world 40. Seventh, and finally, it is clear that Russia remains an indispensable global player in international relations. The EU and Russia are compelled to work together in addressing global and regional challenges: the Middle East peace process, Iran, Afghanistan, the Syrian crisis, and also issues such as climate change and the fight against terrorism. 41. After what has been happening in the Mediterranean in recent weeks the EU has confirmed a strong commitment to act so as to prevent such kind of tragedies from 9

10 happening again. We are also interested in cooperation with Russia particularly in addressing the root causes of migration, which is at the centre of the problem. 42. Despite major differences over the situation in Ukraine, it is worth noting that the current state of relationship between Brussels and Moscow, including the contacts between HRVP Mogherini and Foreign Minister Lavrov, enables us to address the issues which I mentioned before. As for myself, I always retain access to my counterparts in various Russian ministries and agencies as well as to other interlocutors in Moscow. Looking ahead 43. Ladies and Gentlemen, looking ahead. 44. Today Russia and the West seem to have embarked on different trajectories and are moving at different speeds. The current rift a 'clash of world views' is likely to shape the EU-Russia relationship for some time to come. 45. However, despite our current difficulties and differences, the EU and Russia share a continent, a common history, our economies are interlinked, and we are and will remain our respectively biggest neighbours. We are too important and too interdependent to ignore the benefits of restored partnership and trust. 46. We have to be honest, frank and straightforward in recognising differences as well as the inevitable reality of mutual interdependence. 47. The EU foreign ministers have embarked on a reflection process about the EU's relations with Russia. I know that many in Russia and in Europe feel deeply concerned and uncomfortable about the crisis in which we find ourselves. Today's seminar is another good contribution to the process of discussing all issues and impediments presently affecting EU-Russia relations, in view of alleviating tensions, resolving existing conflicts and irritants, and articulating a new modus vivendi. Thank you. 10