41937 (Осуществление интеграции Украины в ЕС), страница 4

- The goods which are imported from other country under the arrangement, are considered{examined} as the national goods concerning application of all kinds of internal taxes;

- Treaty provisions of some clauses{articles} ГАТТ concerning the goods from other countries with which there is an arrangement are applied:

* the order customs оценивания according to item 7;

* a level of assembly for granting of licenses and registration (item 8);

* the obligation in due time to publish all acts and decisions which concern{touch} trade, to not apply any trading certificates{acts} of return action, less effective, than contractual conditions which have come into force before acceptance of new decisions, an opportunity of judicial viewing of the actions connected with customs questions (item 10);

- The focused prices in trade between the contractual parties{sides} are applied market;

- The right to apply antidumping or compensatory actions by rules ГАТТ concerning trade with the third countries;

- Before to start to operate{work}, it is necessary to put{apply} forces for achievement of constructive decisions;

- The right to take a measure for protection of health of citizens, a public order and culture (these actions should not be abused with the protectionist purpose);

- Special agreements accepted concerning trade in textiles and clothes, on trade in products about constants that fall under the European agreement of coal and constants, about trade in nuclear materials;

- All calculations which concern{touch} trade between the parties{sides} - with participants of the contract, can be spent in freely converted currency;

- The contractual parties{sides} agree to put{apply} all forces that between trading parties{sides} the fair competition dominated.

Besides the certain actions against restriction of a competition are established{installed} and used; payment of grants for manufacture of the goods, except for raw material, or for granting services which lift a competition in trade between the contractual parties{sides} avoid; in case of inquiry of the party{side} inform one one on system of subsidizing or about the specific guaranteed grants; the parties{sides} agree concerning monopoly of the state trade and concerning maintenance of liquidation during three years after signing the given agreement of discrimination of citizens of the contractual parties{sides}; during three years after coming into force of the present{true} agreement concerning the public enterprises which have exclusive rights, the guarantee of non-use of any actions or restrictions which lift a competition is provided or damage to the opposite contractual party{side}; Time of action of the contract which is mentioned in the previous paragraphs, can be continued under the consent of the parties{sides}.

Consultations concerning rules of a free competition and their infringements can be spent also. The rights from the use of actions against restrictions of a competition which contradict ГАТТ are kept all. Ukraine undertakes to improve conditions of observance of the contract on protection of intellectual property so that after the expiration of five years' term to reach{achieve} a level of protection of these rights which exists in the European Union.

The special report which increases to the Agreement, contains items{points} concerning mutual aid in carrying out of customs actions by competent bodies of the countries which agree. According to the present{true} contract to Ukraine the mode of the greatest assistance is guaranteed. Nevertheless EU distributes the majority of the privileges given according to the General{Common} system преференцій (reduced rates) for the countries which develop to Ukraine. According to this system of privileges Ukraine can export at the EU country semifinished items and Gotha the industrial goods, except for products about constants, under the lowered tariff rates or in general without the taxation on import; similar privileges are given and for agricultural production (more than 400 names). During 1993 only in Germany such privileges for import of the various goods it has been given for the sum more than 20 million DM. In 1995 this figure has reached{achieved} already 100 million DM. As Germany imports annually approximately third of import of EU this parameter for the countries of Commonwealth makes almost 300 million DM, or near 200 million US dollar.

The contract about export of textiles from Ukraine at the EU country it has been signed on January, 1st 1993 p., and has come into force since May, 5th 1993 p. as it{he} was necessary for finishing in connection with acceptance in EU of ^-participants-countries-participants new the participant (Finland, Sweden and Austria). Something later, on November, 9th, 1995 its{his} action has been continued accordingly for the period from 1996 on 1999 the Contract about deliveries of textiles contains also some restrictions of import by Ukraine on territory of the EU countries of some kinds of textiles and clothes. There is a double control over observance of annual limits on import (quotas). According to the contract Ukraine is obliged to give out export licenses, and in the states - members of EU corresponding{meeting} import licenses should stand out. For processing the European textiles in ready-to-wear clothes the stipulated separate deliveries within the limits of annual quotas. According to the first to annual agreement 1993 of such quotas was 33. Besides were applied restriction on sixteen kinds of production. The present{true} agreement on textiles припускает 28 quotas from export and 13 restrictions on processing in clothes of materials which act from EU. According to the present{true} agreement the increase in quotas, according to demand, approximately on 4,5 % annually is supposed. From its part, Ukraine agrees to not increase the duty{tax} by fabrics and ready-to-wear clothes and to not enter import quotas on these kinds of production for all period of action of the given textile agreement. The similar agreement has been signed and about products about constants, which export from Ukraine at the EU country is limited approximately up to 200 thousand т for a year.

Preliminary also antidumping actions within the limits of ГАТТ concerning trade between Ukraine and EU were considered{examined}. Thus the European commission initiated a number{line} of antidumping actions{shares} concerning Ukraine. As a result Ministerial council of EU in 8 cases has taken antidumping measures concerning Ukraine. According to the annual report of the European commission on the antidumping policy{politics} antidumping actions it has been begun concerning 8 % of volume of bilateral trade between Ukraine and the EU countries. Carrying out of antidumping procedures can call into question trade in ready products; antidumping actions in many cases in general can suspend trade relations.

The temporal agreement is based on the important conditions for Ukraine the General transaction from tariffs and trade (ГАТТ) and very important for maintenance of bilateral trade, and also customs оценивания, відслідковування movements of the goods, costs of license privileges and performance of all other necessary formalities concerning conducting trading operations, publications of laws which adjust{regulate} trade, the order of their application and the appeal in court, and also antidumping and compensatory actions.

Other actions by a number{line} with clauses{articles} about " possible{probable} refusal ", about an interdiction of import over the allocated quota of the certain kinds of textiles and products about constants for EU also certain by the Temporal agreement. According to the present{true} Agreement Ukraine incurs a lot of the obligations identical or similar that it{she} should incur in case of the introduction the full member to ГАТТ/СОТ. To number of such obligations reduction requirements of EU of the legislation concerning protection of intellectual property belongs also. For reduction of acts conformity to requirements of EU there is a corresponding{meeting} body - the Mixed commission where there can be questions at issue solved all which concern{touch} conducting trading operations.

Offers of EU that contain in the Temporal agreement, undoubtedly, have restrictive character. EU uses all opportunities to limit import at the country of Community of such goods, as fabrics, ready-to-wear clothes, production of a steel industry, despite of constant growth of demand for this goods. The last experience shows, that Ukraine could only try to protest concerning some restrictions on import of the goods to the EU countries. At the same time it is necessary to specify, that the bilateral checks lead during year, should be designated negatively on trade in these groups of the goods. It is natural, that in case of a cancelling of restrictions its{her} volumes could significally срастить.

The antidumping policy{politics} of EU complex{difficult} enough and labour-consuming, it{she} has already found the reflection in some acts accepted by Ukraine, and acts as the powerful terminator for the Ukrainian export. It is important to specify also, that antidumping sanctions are entered even in the event that raised{excited} only one of parameters of antidumping rules.

In connection with that the significant part of an export potential of Ukraine is represented with products of an agricultural production, and also considering a policy{politics} of EU concerning this group of the goods, it is possible to tell, that prospects of Ukraine in the agricultural market of the EU countries look{appear} pessimistically enough. Penetration of Ukraine on the European markets of the agricultural goods becomes possible{probable} only in case of coming into force in full the agreements accepted during the Uruguayan round.

After coming into force on March, 1st, 1998 Agreements on partnership and the cooperation, ratified by the parties{sides} - participants of the contract, the state of affairs can change radically, and the Europe, eventually, will open the door for Ukraine.

The further development of attitudes{relations} from EU requires in:

- Development of the national concept of cooperation and integration of Ukraine into the European economic space which should provide actions on development of an export potential, to formation favorable інвести-ційного a climate, to a deepening of industrial cooperation;

- Improvement of system of currency regulation of export-import transactions of subjects of foreign trade activities, refusal of policy{politics} of artificial understating a dollar exchange rate;

- The account of features of the separate EU countries, development субрегіональних attitudes{relations}, in particular, on line ЧЕС;

- Improvement of system of mutual relations in the field of improvement of professional skill of experts, attraction of the Ukrainian experts to the decision of some actual problems of development of the European continent.

The special attention is deserved with a problem of an openness of the Ukrainian economy. Not humiliating value of an openness of economy as a necessary component on a way of Ukraine to the European integration, it is necessary to understand: the openness, as well as any phenomenon, includes not only constructive, but also destructive elements. The accelerated opening of the Ukrainian economy for its{her} today's деформованості and a crisis condition can lead to serious enough consequences{investigations}.

In general it is necessary to consider, that the world economy, the international markets are an area of severe competitive struggle which requires economic forces, wide experience, the precise organization. Anything similar in Ukraine still is not present. Falling manufacture is prolonged, its{his} efficiency, absent necessary enterprise experience which would enable to resist to skilled western and east competitors decreases.

Question of ocurrence of Ukraine, as well as any country, to EU - very complex{difficult} complex problem. Process of expansion of the European Union transforms practically all spheres of its{his} activity, but, first of all, influences distribution of internal resources of the Union. Reception of new members is anyhow connected with necessity of increase in payments from the most developed countries, and reduction of volumes of the help by the least developed. So, behind the western calculations, reception in the European Union of the countries of the East Europe would cost to it{him} approximately 66 billion dollars for a year, i.e. would demand increase in the budget of EU twice and refusal of financing many priority projects. By other estimations, for reception in EU of new members 150 billion dollars for a year, which above all previous forecasts in addition is required.

For this reason near to adherents of expansion of EU (Germany, France, Italy) is strong enough opposition to it{this} of process (Spain, Portugal, Ireland). So, some countries - members of EU are threatened to block process of expansion if to them will not give guarantees of preservation of volumes of the present financial help.

Not underestimating value concerning the general{common} future between Ukraine and the countries of the European Union, it is necessary to note, that integration into the European structures should not limit the attitude{relation} with the CIS countries at all and other countries of the world. The wider and різноманітнішими is externally-economic relations, the, there will be more constant an economy and economic safety of the country.

Integration of Ukraine into the international community is accompanied by active cooperation with the international organizations, other countries, the state and private{individual} establishments of the foreign states. Thus by all means there are problems of preservation of national interests and economic safety of Ukraine which require the decision, and so attention and the detailed analysis.

The special role in this process belongs to a condition of mutual relations of Ukraine with the international financial organizations, in particular, the International currency fund. World{global} bank, the European bank of reconstruction and development.

After declaration of the state sovereignty Ukraine has followed the road of radical economic reforms. Nevertheless трансформационные processes in Ukraine have from the very beginning started to be braked by deep system crisis. Already in the independence first year Ukraine had the extremely debalanced financial and monetary systems. For years of independence the economic crisis deepened even more, interwining with structural, payment and energy crisises. Inflation has got the наиразрушительную the form - hyperinflations.

Catastrophically the external duty{debt} increased: for two years (1992 1994) it has increased more than twice. In the same time the total internal product was steadily reduced: in 1992 and 1993 it{he} was reduced to 17 %, in 1994 - on 23 %, in the following of year of gross national product every year was reduced approximately to 10 %. Real threat of economic safety of the country has started to arise.

In this situation the Government of Ukraine had been carried out a complex of actions on reception of the financial help by Ukraine from the international financial organizations and other official creditors.