Association agreement on Ukraine’s participation in the Horizon Europe programme and the Euratom research and training programme

SUMMARY OF:

Agreement between the European Union and European Atomic Energy Community (Euratom) of the one part and Ukraine of the other on the participation of Ukraine in Horizon Europe and the 2021–2025 Euratom research and training programme

WHAT IS THE AIM OF THE ASSOCIATION AGREEMENT?

The agreement aims to strengthen the relationship between the European Union (EU) and Ukraine to achieve shared priorities in the fields of research and innovation and nuclear research, including fission and fusion.

This agreement increases opportunities for Ukrainian national researchers or organisations to collaborate with the EU’s and other associated countries’ participants, and gives them access to a broad range of calls offered by both EU framework programmes.

Guaranteeing a privileged relationship between the EU and Ukraine, the association agreement allows Ukrainian researchers and innovators to participate in both framework programmes under similar conditions (rights and obligations) to those for legal entities (bodies and organisations) from the EU Member States, and to be automatically eligible for funding. No additional administrative requirements are imposed, provided that the legal entities meet the same requirements as any other legal entity located in the EU.

KEY POINTS

Association

As an associated country under this combined association agreement, Ukraine participates in and contributes to all parts of the Horizon Europe programme and the European Atomic Energy Community (Euratom) research and training programme.

Horizon Europe’s 2021–2027 specific programme is implemented through the specific programmes established by Decision (EU) 2021/764 (see summary).

The association of non-EU countries to Horizon Europe is covered by Article 16 of Regulation (EU) 2021/695.

The 2021–2025 Euratom research and training programme is established by Regulation 2021/765 (see summary).

This is one of a number of association agreements between the EU and non-EU countries to participate in the programme. This association agreement reinforces the roles of both sides in research and innovation and in nuclear capacities (fusion, fission, training and research).

Main aspects covered by the association agreement

The agreement sets out rules covering a number of key issues, including the following.

The terms and conditions for participating in Horizon Europe and the Euratom research and training programme.
Financial contributions and their related management, execution and operational costs, and the participation fee.
The conditions determining Ukraine’s level of financial contribution to Horizon Europe (regular automatic correction mechanism) and to the Euratom research and training programme.
The association agreement, which allows legal entities established in the EU to take part in the equivalent Ukrainian programmes, projects and activities (set out in Annex II) within the limits of Ukrainian law.
The two parties will mutually promote and encourage open science practices in their programmes, projects and activities within the rules of the programmes and the limits of Ukrainian law.
The only limitation of participation in the programme is linked to the protection of the EU’s strategic assets, interests, autonomy or security as defined by Article 22(5) of the regulation.

Joint Research and Innovation Committee

The agreement sets up an EU/Euratom–Ukraine Joint Research and Innovation Committee composed of EU, Euratom and Ukrainian members. Its tasks will include:

assessing, evaluating and reviewing the implementation of the agreement, in particular:
- the participation and performance of Ukrainian legal entities in Horizon Europe,
- the level of mutual openness for the legal entities of one of the parties to take part in the programmes and projects of the other (reciprocity – see Annex II),
- the implementation of the financial contribution mechanism and the automatic correction mechanism, and
- the examination of questions on the use of the research results, including intellectual property rights;
examining how to improve cooperation and information exchanges on any matters related to the implementation of the agreement.

The joint committees will meet at least once per year, but regular correspondence between the parties is encouraged in order to monitor closely the proper implementation of the agreement.

Suspension of Ukraine’s payment obligations

It should be noted that an agreement, in the form of an exchange of letters between the EU (the European Commission) and Ukraine, suspends Ukraine’s payment obligations for its participation in all EU programmes as of 1 January 2021. In its letter, the EU fully recognises the current impossibility for Ukraine to comply with its financial contribution obligations linked to its participation in EU programmes following the unprovoked and unjustified Russian military aggression against the country and its serious financial consequences. This suspension applies to the provisions of the agreements associating Ukraine to the EU programmes that are listed in the Annex to the letter.

The suspension will remain in force unless lifted by one of the parties. Every year, the Commission will assess the need to maintain the suspension primarily based on information provided by the Ukrainian government. If the situation on the ground has changed, the EU may decide to lift the suspension after notifying Ukraine of its assessment. Before lifting the suspension, the EU and Ukraine will endeavour to agree on the amendment of the existing association agreement to set to zero Ukraine’s financial contribution for the years subject to the suspension.

DATE OF ENTRY INTO FORCE

The association agreement was signed on 12 October 2021 and ratified by the Ukrainian parliament in May 2022. It entered into force on 9 June 2022.
The agreement applies retroactively from 1 January 2021, as does the subsequent agreement to suspend Ukraine’s payment obligations.

BACKGROUND

EU relations with Ukraine are based on a broader association agreement between the two parties, together with the agreement on science and technology cooperation, signed in 2002 and regularly renewed (see summary).

For further information, see:

Specific support for Ukrainian research and innovation (European Commission)
Horizon Europe (European Commission)
Euratom research and training programme (European Commission).

MAIN DOCUMENT

Agreement between the European Union and European Atomic Energy Community of the one part and Ukraine of the other part, on the participation of Ukraine in Horizon Europe – the Framework Programme for Research and Innovation and the Research and Training Programme of the European Atomic Energy Community (2021-2025) complementing Horizon Europe – the Framework Programme for Research and Innovation (OJ L 95, 23.3.2022, pp. 1–17).