# EUR-Lex - 52012PC0289 - EN

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# 52012PC0289

**Proposal for a COUNCIL DECISION extending the period of application of the appropriate measures in Decision 2011/492/EU concluding consultations with the Republic of Guinea-Bissau under Article 96 of the Cotonou Agreement and amending that Decision /* COM/2012/0289 final - 2012/0152 (NLE) */**

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EXPLANATORY MEMORANDUM

On 31 January 2011 the European
Union decided to open consultations with the Republic of Guinea‑Bissau
under Article 96 of the revised Cotonou Agreement. This decision was taken
in the wake of the events of 1 April 2010. On that day, on the orders of
the Deputy Chief of Staff of the Armed Forces, General Antonio Indjai, a group
of mutinous soldiers arrested Chief of Staff José Zamora Induta and the Prime
Minister of Guinea-Bissau, Mr. Gomes Junior. Following the mutiny, General Indjai
became de facto Chief of Staff before being officially appointed on
25 June 2010 by decree of the President, Mr Bacai Sanha, on a proposal
from the government.

The appointment on 8 October 2010 of
Admiral Bubo Na Tchuto as head of the navy constituted a further setback to
good governance in Guinea-Bissau. Rear Admiral Na Tchuto played a destabilising
role in the aftermath of the mutiny of 1 April and is under sanctions
imposed by international partners for his suspected involvement in illegal activities.

The European Union regards the mutiny of 1
April 2010 and the subsequent appointment of its main instigators to
high-ranking posts in the military hierarchy as a serious and evident breach of
the essential elements of Article 9 of the Cotonou Agreement (respect for
democratic principles) and as a case of special urgency within the meaning of
Article 96(2)(b). A letter was therefore sent to the Guinea‑Bissau
authorities on 2 February 2011 to invite them to hold consultations.

The opening meeting of the consultations
took place in Brussels on 29 March 2011.

In the course
of the meeting, the participants were informed of the proposals of the Guinea‑Bissau
side for progressively ensuring the primacy of civilian authority, improving
democratic governance, guaranteeing the safeguarding of constitutional order
and the rule of law, and tackling impunity and organised crime.

The
undertakings made by the Guinea-Bissau side comprise, in particular:

·
the conduct and conclusion of judicial
investigations and proceedings that are fully independent and carried out under
appropriate logistic and security conditions, relating to the assassinations in
March and June 2009;

·
the effective implementation of the security
sector reform based on the strategy adopted by the national parliament and the
legislative package drawn up with the support of the EU's CSDP mission;

·
the renewal of the military hierarchy to ensure
the appointment to senior command of persons not involved in unconstitutional
or illegal conduct or acts of violence, in conformity with the conclusions and
recommendations of the ECOWAS roadmap for Security Sector Reform;

·
the approval of and assistance of an experts'
mission to support security sector reform and the protection of political
figures, to be carried out with the support of ECOWAS, the CPLP and/or other
partners;

·
the preparation, adoption and effective
implementation of national operational plans to implement Security Sector
Reform and to combat drug trafficking;

·
the improvement of the administrative and financial
management of civilian and military employees, and measures to combat money
laundering.

The European
Union noted these undertakings in its conclusions of the consultations. It
urged the representatives of the Republic of Guinea-Bissau to undertake judicial
investigations and proceedings into the events of 1 April 2010 to reinforce
efforts to tackle the problem of impunity and to specify a more detailed
timetable for implementation of these undertakings in compliance with the
timeframe set out in the ECOWAS roadmap.

The European Union decided on 18 July 2011, by Council Decision
2011/492/EU to adopt appropriate measures for the performance of these
undertakings, including a scheme of mutual commitments for the gradual
resumption of EU cooperation.

An Article 96 follow-up mission took place
in Bissau on January 18-20, 2012. The mission report points to an insufficient
degree of implementation of the first group of commitments indicated in the
Council Decision 2011/492/EU and, as a consequence, the impossibility of
unblocking the corresponding cooperation programmes. The report was endorsed by
the Africa Working Group of the Council on 15 February.2012.

On April 12, a coup d'état by elements of the armed forces took
place after the first round of the presidential elections, due after the death
in January of President Bacai Sanha; the Acting President and the Prime
Minister were arrested.

Since then ECOWAS has been mediating to facilitate a solution
leading to the restoration of democratic order in Guinea-Bissau.

The Commission considers it important that Council Decision
2011/492/EU is not allowed to expire as it provides a fundamental framework for
the promotion of democratic stability in Guinea-Bissau. An extension of the
deadline one year , until 19 July 2013, is therefore proposed.

The other contents of the Decision (i.e. detailed conditionalities
and EU responses) may require some adaptations as the political situation
changes, but at this point in time it is not possible to predict how things may
evolve with sufficient accuracy.

Conclusion

In the light of the above, the Council is
requested to adopt the attached draft proposal for a Council Decision extending
the period of application of the appropriate measures to Guinea-Bissau.

2012/0152 (NLE)

Proposal for a

COUNCIL DECISION

extending the period of application of the
appropriate measures in Decision 2011/492/EU concluding consultations with the
Republic of Guinea-Bissau under Article 96 of the Cotonou Agreement and
amending that Decision

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[1] (hereinafter referred to as the
'Cotonou Agreement'), as revised at Ouagadougou, Burkina Faso on 22 June 2010[2], and in particular Article 96
thereof,

Having regard to the Internal Agreement on
measures to be taken and procedures to be followed for the implementation of
the ACP-EC Partnership Agreement[3],
and in particular Article 3 thereof,

Having regard to the proposal from the
Commission,

Whereas:

(1)       By Council Decision the
consultations with the Republic of Guinea-Bissau under Article 96 of the
Cotonou Agreement were concluded and appropriate measures, as specified in the
Annex to that Decision, were taken.

(2)                   The essential
elements cited in Article 9 of the Cotonou Agreement continue to be violated
and the current conditions in Guinea-Bissau do not ensure respect for human
rights, democratic principles and the rule of law.

(3)       Decision 2011/492/EU
should therefore be amended to extend the period of application of the
appropriate measures.

HAS ADOPTED THIS DECISION:

Article 1

Decision 2011/492/EU is hereby amended as
follows:

In Article 3, the second paragraph is
replaced by the following:

"It shall expire on 19 July 2013."

Article 2

The letter annexed to the present decision
shall be sent to the authorities of Guinea-Bissau

Article 3

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

Done at Brussels,

For the Council

The President

ANNEX

H.E. the President of the Republic of
Guinea-Bissau,

H.E. the Prime Minister of the Republic of
Guinea-Bissau,

Sirs,

Further to the consultations which took
place in Brussels on 29 March 2011 in the framework of Article 96 of the ACP-EU
Partnership Agreement, the European Union decided on 18 July 2011, by Council
Decision 2011/492/EU to adopt appropriate measures, including a scheme of
mutual commitments for the gradual resumption of EU cooperation.

Twelve months after the adoption of the
above decision, the European Union considers that no significant progress has
been made and therefore decides to extend the period of application of its
Decision 2011/492/EU until 19 July 2013.

The European Union wished to underline once
again the importance that it attaches to future cooperation with Guinea-Bissau
and to confirm its willingness to carry on the dialogue and make progress in
the near future towards a situation where the resumption of full cooperation
becomes possible.

Yours faithfully,

For the Council || For the Commission

C. ASHTON President || A. PIEBALGS Commissioner

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

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

[3]               OJ L 317, 15.12.2000, p. 376, as amended in
OJ L 247, 9.9.2006, p. 48.