{
  "url": "https://openlegislation.uk/eu-decision-2010-388/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-2010-388/introduction.json",
  "legislation": "eudn/2010/388",
  "legislation_title": "Decision No 388/2010/EU of the European Parliament and of the Council of 7 July 2010 providing macrofinancial assistance to Ukraine",
  "legislation_url": "https://openlegislation.uk/eu-decision-2010-388",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Decision No 388/2010/EU of the European Parliament and of the Council\nof 7 July 2010\nproviding macrofinancial assistance to Ukraine\nTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,\nHaving regard to the Treaty on the Functioning of the European Union, and in particular Article 212 thereof,\nHaving regard to the proposal from the European Commission,\nActing in accordance with the ordinary legislative procedure,\nWhereas:\n(1)\nRelations between Ukraine and the European Union are developing within the framework of the European Neighbourhood Policy. In 2005, the Community and Ukraine agreed on a European Neighbourhood Policy Action Plan identifying medium-term priorities in EU-Ukraine relations. That Action Plan was replaced by the EU-Ukraine Association Agenda of November 2009. Since 2007, the Community and Ukraine have been negotiating an Association Agreement that is expected to replace the existing Partnership and Cooperation Agreement. The framework of EU-Ukraine relations is further enhanced by the newly launched Eastern Partnership.\n(2)\nThe Ukrainian economy has been increasingly affected by the international financial crisis, with dramatically declining output, a deteriorating fiscal position and rising external financing needs.\n(3)\nUkraine’s economic stabilisation and recovery is supported by financial assistance from the International Monetary Fund (IMF). The IMF Stand-By Arrangement (SBA) for Ukraine was approved in November 2008.\n(4)\nFollowing a further deterioration of Ukraine’s fiscal position, a large part of the second tranche under the IMF’s SBA and the full amount of the third tranche were channelled to Ukraine’s State budget.\n(5)\nUkraine has requested Union macrofinancial assistance in view of the deteriorating economic situation and outlook.\n(6)\nGiven that a residual financing gap in 2009-2010 remains in Ukraine’s balance of payments, macrofinancial assistance is considered an appropriate response to Ukraine’s request to support economic stabilisation in conjunction with the current IMF programme. This macrofinancial assistance is also expected to contribute to alleviating the external financing needs of the State budget.\n(7)\nUnion macrofinancial assistance can only contribute to economic stabilisation if the main political forces in Ukraine ensure political stability and establish a broad consensus on a rigorous implementation of the necessary structural reforms.\n(8)\nUnion macrofinancial assistance should be provided to Ukraine in addition to the loan facility granted under Council Decision 2002/639/EC of 12 July 2002 providing supplementary macrofinancial assistance to Ukraine.\n(9)\nThe Union macrofinancial assistance should not merely supplement programmes and resources from the IMF and the World Bank, but should ensure the added value of Union involvement.\n(10)\nThe Commission should ensure that the Union macrofinancial assistance is legally and substantially in line with the measures taken within the different areas of external action and other relevant Union policies.\n(11)\nThe specific objectives of the Union macrofinancial assistance should strengthen efficiency, transparency and accountability. These objectives should be regularly monitored by the Commission.\n(12)\nThe conditions underlying the provision of the Union macrofinancial assistance should reflect the key principles and objectives of the Union’s policy towards Ukraine.\n(13)\nIn order to ensure efficient protection of the Union’s financial interests linked to this macrofinancial assistance, it is necessary that Ukraine adopt appropriate measures relating to the prevention of, and the fight against, fraud, corruption and any other irregularities linked to this assistance. It is also necessary that the Commission provide for appropriate controls and that the Court of Auditors provides for appropriate audits.\n(14)\nThe release of the Union macrofinancial assistance is without prejudice to the powers of the budgetary authority.\n(15)\nThis macrofinancial assistance should be managed by the Commission. In order to ensure that the European Parliament and the Economic and Financial Committee are able to follow the implementation of this Decision, the Commission should regularly inform them of developments relating to the assistance and provide them with relevant documents.\n(16)\nAccording to Article 291 of the Treaty on the Functioning of the European Union, rules and general principles concerning mechanisms for the control by Member States of the Commission’s exercise of implementing powers shall be laid down in advance by a regulation adopted in accordance with the ordinary legislative procedure. Pending the adoption of that new regulation, Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission continues to apply, with the exception of the regulatory procedure with scrutiny, which is not applicable,\nHAVE ADOPTED THIS DECISION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Position of the European Parliament of 18 May 2010 (not yet published in the Official Journal) and decision of the Council of 29 June 2010."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 209, 6.8.2002, p. 22."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "OJ L 184, 17.7.1999, p. 23."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2010/388/introduction",
    "retrieved_at": "2026-11-01T15:16:04.900784+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}