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Competition and State aid Rules and Practices Alignment with the EU Acquis, Ukraine

In June 2023, WYG Consulting was successfully awarded the three-year contract to implement the EU-funded Project ‘Competition and State aid Rules and Practices Alignment with the EU Acquis’ in Ukraine. This follows up the completion of the previous ‘Support to the Antimonopoly Committee of Ukraine for enforcing State aid rules’ project which was completed in May 2023 following several extensions after having commenced in September 2017. The main beneficiary of both projects is the Antimonopoly Committee of Ukraine (AMCU), the authorized body controlling the granting of State Aid and the development of fair competition in Ukraine.

There is obviously a primary need – and within Ukraine a resolve – to overcome the existential threat of the Russian invasion and the impact of the continuing war – on resources – human and financial – and the functioning of the economy, infrastructure, and society. It is this prevailing and, potentially, deteriorating situation which has created the special conditions, which have consolidated the European Commission’s opinion and procedures, and resulted in the acceleration of the EU Accession process and the formulation of the National Recovery Plan aimed at supporting the rapid post-conflict reconstruction of the country.

This project commences at a point when Ukraine faces a unique set of challenges: the continued fight against Russian aggression; preparing for the future enormous tasks of recovery and reconstruction in the economy and infrastructure; and establishing the conditions for early accession to the European Union, which is proposed for achievement in the next two to three years. These challenges provide the context within which the Project will remain operational for some period, at least, of its implementation.

The project has two clear objectives: to review and strengthen competition policy; and to review and enhance the State aid policy framework, in Ukraine. In both cases in line with EU legislation and practices. In this way, the project is intended to contribute to the sustainable and equitable recovery and economic competitiveness of Ukraine through strengthened and EU compliant competition and State aid frameworks, aligned with requirements of Ukraine’s accession process towards the EU membership.

The Project Team, with experts drawn from Romania, Poland, Croatia, and Hungary, as well as Ukraine, will provide comprehensive support primarily to AMCU, the main beneficiary, and other Government, regional and local stakeholders, to assist Ukraine to fully meet the requirements of Association Agreement (AA) and the Deep and Comprehensive Free Trade Agreement (DCFTA) with the EU in relation to competition and State aid. The aim will be to ensure full legal, regulatory, and institutional integrity and compliance with EU rules and standards in the context of Ukraine’s recent candidacy status and perspective of EU membership. The project will serve as an instrumental tool to assist Ukraine to implement the Commission Opinion on Ukraine’s accession preparedness with regards to competition framework and State aid control system. Initially, the project will have two main substantial activity areas related to the project’s expected results – competition, i.e. antitrust and mergers’ control, and State aid, – as well as accompanying assistance with digitalisation and communication of AMCU core functions.

In undertaking this Project, WYG’s long association and experience in providing technical assistance to Government and other major institutions in Ukraine through EU and other donor-funded projects will ensure an effective implementation process and reinforce the beneficial partnerships which have ben established in the country.

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