# EUR-Lex - 52012PC0653 - EN

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# 52012PC0653

**Proposal for a COUNCIL DECISION extending the application period of Decision 2010/371/EU of 7 June 2010 concerning the conclusion of the consultation procedure with the Republic of Madagascar under Article 96 of the ACP-EC Partnership Agreement /* COM/2012/0653 final - 2012/0311 (NLE) */**

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EXPLANATORY MEMORANDUM

On 7 June 2010 the Council of the European
Union decided to take appropriate measures against Madagascar for a period of
12 months following the conclusion of the consultations held under Article 96
of the ACP-EU Partnership Agreement (Decision 2010/371/EU).[1] The period of application of
that Decision was extended until 6 December 2011 by Council Decision No
2011/324/EU of 30 May 2011[2]
and amended and extended until 5 December 2012 by Council Decision 2011/808/EU
of 5 December 2011.[3]

The appropriate measures adopted by
Decision 2010/371/EU and amended by Decision 2011/808/EC include the suspension
of budgetary support and making implementation of the 10th EDF NIP conditional
on the Malagasy party’s fulfilment of the commitments set out in the schedule
of commitments contained in the letter to the interim President and annexed to
Council Decision 2011/808/EU.

The appropriate measures also involved the
Commission’s taking over the functions of EDF National Authorising
Officer. The measures did not affect contributions to humanitarian operations
or projects directly benefiting the local population.

The present review focuses in particular on
the political developments that have taken place in Madagascar during
implementation of the roadmap over the past year.

There have been
varying degrees of progress in implementation of the roadmap, with:

(a) significant progress as regards the
electoral process (establishment of an independent Electoral Commission
(CENIT), endorsement of the UN electoral evaluation report by the Malagasy
authorities and the international community (electoral timetable and budget),
and election dates announced (first presidential round on 8 May 2013 and second
presidential round plus parliamentary elections on 3 July 2013);

(b) deadlock in the search for a political
agreement between President Rajoelina and former President Ravalomanana on the
issue of their participation in the elections and the return of the former
President. These unresolved issues, together with others linked to the
implementation of amnesty measures and national reconciliation are considered
crucial for the creation of a political environment in which credible elections
can be organised and held.

During this period the European Union, in
line with the statement of 20 September 2011 by Baroness Ashton's spokesperson
and the Council decision of 5 December, has continued to support the transition
process subject to certain conditions and, on the basis of its progress, has
taken measures to assist the local population and the electoral process, as
provided for in the schedule of commitments.

As the roadmap
has not been fully implemented, the appropriate measures in force should
continue to be applied without changing the reciprocal EU-Madagascar commitments
and conditions, which remain fully in force until credible elections have taken
place.

As the
parliamentary elections and the second round of presidential elections are
scheduled for 3 July 2012 (almost 7 months after the expiry of the decision in
force), the period of application of the appropriate measures should be
extended until the Council decides that credible elections have taken place and
constitutional order has returned to Madagascar.

In order to
send a clear signal from the Union that will encourage the Malagasy authorities
and all stakeholders in the roadmap to redouble their efforts to implement it
and overcome rapidly the political obstacles jeopardising the transition
process, it is proposed that another letter be sent to the interim President
informing him of this decision.

The Decision to
be adopted can be reviewed at any time, which will enable it to be amended in
the light of political developments and progress or otherwise in implementation
of the roadmap.

2012/0311 (NLE)

Proposal for a

COUNCIL DECISION

extending the application period of
Decision 2010/371/EU of 7 June 2010 concerning the conclusion of the
consultation procedure with the Republic of Madagascar under
Article 96 of the ACP-EC Partnership Agreement

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union,

Having regard to the Partnership Agreement
between the members of the African, Caribbean and Pacific Group of States, of
the one part, and the European Community and its Member States, of the other
part, signed in Cotonou on 23 June 2000[4],
and revised in Ouagadougou, Burkina Faso, on 22 June 2010[5], hereinafter referred to as
‘the ACP-EC Partnership Agreement’, and in particular Article 96 thereof,

Having regard to the Internal Agreement
between the representatives of the governments of the Member States, meeting
within the Council, on measures to be taken and procedures to be followed for
the implementation of the ACP-EU Partnership Agreement[6], and in particular Article 3
thereof,

Having regard to the proposal from the
European Commission,

In agreement with the High Representative
of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)       Decision 2010/371/EU[7] of 7 June 2010 concerning the
conclusion of consultations with the Republic of Madagascar under Article 96 of
the ACP-EU Partnership Agreement was adopted in order to implement appropriate
measures in response to the violation of the essential elements referred to in
Article 9 of the Agreement.

(2)       These measures were
extended until 6 December 2011[8]
by Council Decision 2011/324/EU of 30 May 2011 and amended and extended until 5
December 2012 by Council Decision 2011/808/EC of 5 December 2011.[9]

(3)       Despite significant
progress, in particular in the establishment of the transition institutions and
in the electoral process, the roadmap for the transition has not been
implemented fully.

(4)       The current period of
application of Decision 2010/371/EU expires on 5 December 2012. Given that the
parliamentary elections and the second round of presidential elections are
scheduled for 3 July 2013, the appropriate measures in force should be extended
until the Council decides that credible elections have taken place and that
constitutional order has returned to Madagascar, subject to regular review
during this period.

HAS ADOPTED THIS DECISION

Article 1

Decision 2010/371/EU, as extended by
Decisions 2011/324/EU and 2011/808/EU, is hereby amended as follows:

In Article 3 the second sentence is
replaced by the following: 'It shall remain in force until the Council decides
that credible elections have taken place and that constitutional order has
returned to Madagascar, subject to regular review during this period.'

Article 2

The draft letter at annex is addressed to
the interim President of Madagascar.

Article
3

This Decision shall enter into force on the
day of its adoption.

Done at Brussels,

For
the Council

The
President

ANNEX

Brussels,

DRAFT
LETTER TO THE INTERIM PRESIDENT

Sir,

Welcoming the progress made towards
resolving the political crisis with the signing in September 2011 by the
Malagasy political stakeholders of the roadmap to help Madagascar emerge from
the crisis, on 5 December 2010 the European Union eased the appropriate
measures laid down for Madagascar by a Council decision of 7 June 2010.

You were informed of the new decision by
letter of 8 December 2011 specifying the preconditions for any measure by the
EU to assist the transition. To that end, over the past year the EU has taken
measures to assist the population and support the electoral process, as
provided for in the schedule of commitments set out in the aforementioned
letter.

Given that the
roadmap has not been implemented in full and that the parliamentary elections
and second round of the presidential elections are scheduled for 3 July 2013,
the appropriate measures should continue in force, without any change in the
reciprocal EU-Madagascar commitments and conditions, which remain fully valid
until the EU decides that credible elections have taken place and that
constitutional order has returned to Madagascar.

The European Union, which attaches the
greatest importance to the essential elements concerning respect for human
rights, democratic institutions and the rule of law as established by Article 9
of the ACP-EU Partnership Agreement, urges you and all the stakeholders in the
roadmap to redouble your efforts with a view to rapidly overcoming the
political obstacles currently jeopardising its implementation.

The EU also encourages you and all Malagasy
political stakeholders to persevere in your efforts to ensure a peaceful
political environment conducive to the holding of credible elections in May and
July 2013 and the completion of the transition process, as agreed by the
Malagasy authorities and endorsed by the international community.

The EU confirms its continued commitment to
assisting the transition process and to rapidly introducing post-transition
support measures, the details of which will be decided upon in the political
dialogue with your Government.

The appropriate
measures can be reviewed at any time in the light of developments – positive or
negative – in the political situation in Madagascar.

Yours sincerely,

For the European Union

Catherine ASHTON                                                                    Andrís
PIEBALGS

[1]               OJ L 169, 3.7.2010, p. 13.

[2]               OJ L 146, 01.6.2011, p. 2.

[3]               OJ L 324, 7.12.2012, p.1.

[4]               OJ L 317, 15.12.2000, p. 3.

[5]               OJ L 287, 4.11.2010, p. 3.

[6]               JO L 317 du 15.12.2000, p. 376.

[7]               OJ L 169, 3.7.2010, p. 13.

[8]               OJ L 146, 1.6.2011, p. 2.

[9]               OJ L 324, 7.12.2012, p.1.