FantasticSearch

1. The Commission shall assess the relevance, comprehensiveness and appropriateness of the Ukraine Plan or, where applicable, the amendment to Ukraine Plan referred to in Article 20, without undue delay, and shall submit a proposal for a Council implementing decision in accordance with Article 19(1). When carrying out that assessment, the Commission shall act in close cooperation with Ukraine and the international partners contributing to its implementation. The Commission may make observations, seek additional information or request that Ukraine modifies the draft Ukraine Plan referred to in Article 14(2).

2. When assessing the Ukraine Plan, and in the determination of the amount to be allocated to Ukraine, the Commission shall take into account relevant available analytical information on Ukraine including its macroeconomic situation and debt sustainability, the justification and the elements provided by Ukraine pursuant to Article 17(1), as well as any other relevant information such as, in particular, the information listed in Article 16(6).

3. In its assessment, the Commission shall take into account the following criteria:

(a) whether the Ukraine Plan represents a needs-based, coherent, comprehensive and adequately balanced response to the objectives set out in Article 3, including structural reforms and measures to promote the convergence with the Union, to strengthen the rule of law, democracy, the respect of human rights and fundamental freedoms as well as the application of the conditions referred to in Article 16(2), so that the Ukraine Plan as a whole raises the growth rate of the Ukrainian economy, reduces economic and social inequalities and ensures Ukraine’s progress towards the Union’s social, economic, and environmental standards;

(b) whether the Ukraine Plan contributes to and is consistent with addressing the relevant challenges identified in the context of Ukraine’s accession path, as outlined in the Commission Opinion and the Analytical Report, and the Association Agreement including a Deep and Comprehensive Free Trade Area;

(c) whether the Ukraine Plan and its measures are consistent with the general principles referred to in Article 4, as well as the requirements, plans and programmes referred to in Article 16;

(d) whether the Ukraine Plan corresponds to the recovery, restoration, reconstruction and modernisation needs stemming from Russia’s war of aggression in Ukraine’s regions and municipalities and thereby enhances their inclusive and sustainable economic, social, environmental and territorial development, reinforces social cohesion, and supports the decentralisation reform across Ukraine and convergence towards the Union’s standards; whether it takes into account the powers, tasks and responsibilities assigned to different levels of government; whether the methodology and processes used for the selection and implementation of projects, and the mechanisms to involve sub-national authorities, in particular municipalities as well as civil society organisations, in decision-making on the use of support in the reconstruction process at local level and in the democratic scrutiny process, in particular timely and equal access to information and funds for the relevant sub-national authorities are appropriate; whether the methodology used to track related expenditure for the reconstruction projects selected and implemented by such sub-national authorities is appropriate and whether such projects constitute an adequately substantial share of the support;

(e) whether the measures in the Ukraine Plan are expected to contribute to climate change mitigation and adaptation, environmental protection, including biodiversity conservation, and to the green transition, or to addressing the challenges resulting therefrom; whether the measures included in the Ukraine Plan are compatible with the principle of ‘do no significant harm’, to the extent possible, in a context of war or post-war recovery and reconstruction;

(f) whether the measures in the Ukraine Plan are expected to contribute to the promotion of the rule of law;

(g) whether the measures in the Ukraine Plan are expected to contribute to social objectives, including the inclusion of groups in vulnerable situations, and ensure the best interests of children;

(h) whether the measures in the Ukraine Plan are expected to promote gender equality and the empowerment of women and girls;

(i) whether the arrangements proposed by Ukraine are expected to ensure an effective implementation and monitoring of and reporting on the Ukraine Plan and any updates thereof, in particular the due involvement of the Verkhovna Rada, including the measurable qualitative and quantitative steps, and the related indicators;

(j) whether the arrangements proposed by Ukraine are expected to effectively ensure an adequate level of protection of the financial interests of the Union, in particular by preventing, detecting and correcting irregularities, fraud, all forms of corruption, including high-level corruption, conflicts of interest, or any other illegal activity affecting the financial interests of the Union; whether the arrangements proposed support the effective investigation and prosecution of offences affecting the funds provided under the Facility and ensure swift judicial cooperation with competent authorities of the Union and its Member States; whether the arrangements proposed by Ukraine are expected to allow avoiding double funding from the Facility and other Union programmes as well as other donors;

(k) whether the Verkhovna Rada has been duly consulted, and whether the Ukraine Plan takes into account, where appropriate, the inputs of stakeholders, including local and regional representative bodies and authorities, social partners and civil society organisations, in accordance with the national legal framework;

(l) whether the Ukraine Plan ensures that other donors are able to support its objectives.

4. For the purpose of the assessment of the Ukraine Plan submitted by Ukraine, the Commission may be assisted by experts.