# EUR-Lex - 52013PC0439 - EN

*|*

# 52013PC0439

**Proposal for a COUNCIL DECISION extending the period of application of the appropriate measures in Decision 2011/492/EU concerning the conclusion of consultations with the Republic of Guinea-Bissau under Article 96 of the ACP-EC Partnership Agreement /* COM/2013/0439 final - 2013/0208 (NLE) */**

			*

			*

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 Rear‑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 subject to 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) of the Agreement. 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 Guinea-Bissau side undertook, in particular, to:

·
conduct and conclude judicial investigations and
proceedings, with regard to the assassinations in March and June 2009, that are
fully independent and carried out under appropriate logistical and security
conditions;

·
effectively implement a reform of the security
sector based on the strategy adopted by the national parliament and the
legislative package drawn up with the support of the EU’s Common Security and
Defence Policy (CSDP) mission;

·
ensure the appointment to senior posts in the
military of persons not involved in unconstitutional or illegal conduct or acts
of violence, in line with the conclusions and recommendations of the Economic
Community of West African States (ECOWAS) roadmap for security sector reform;

·
approve and assist an experts’ mission to
support security sector reform and the protection of political figures, to be
carried out with the support of ECOWAS, the Community of Portuguese-speaking
Countries (CPLP) and/or other partners;

·
prepare, adopt and effectively implement
national operational plans to implement security sector reform and combat drug
trafficking;

·
improve 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 carry out
judicial investigations and proceedings into the events of 1 April 2010, to step
up efforts to tackle the problem of impunity and to specify a more detailed
timetable for implementation of the undertakings in compliance with the
timeframe in the ECOWAS roadmap.

The European Union decided on 18 July 2011, by Council Decision
2011/492/EU, to adopt appropriate measures for the fulfilment 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 18-20 January 2012. The mission report pointed to an insufficient
degree of implementation of the first group of commitments indicated in Council
Decision 2011/492/EU, which ruled out unblocking the corresponding cooperation
programmes. The report was endorsed by the Council’s Africa Working Group on 15
February 2012.

On 12 April 2012, a coup d’état by elements of the armed
forces took place after the first round of the Presidential elections called
following the death of President Bacai Sanha in January; the acting President
and the Prime Minister were arrested.

Since then, ECOWAS has been mediating to broker a solution leading
to the restoration of democratic order in Guinea-Bissau, but little progress
has been achieved to date towards a return to constitutional order.

By Council Decision 2012/387/EU of 16 July 2012, Council Decision
2011/492/EU was extended by one year, until 19 July 2013.

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. It is therefore
proposed that it be further extended until 19 July 2014.

After 31 December 2013, date of expiry of the 10th EDF,
and before the entry into force of the 11th EDF, the EU commitments
indicated in the schedule annexed to Council Decision 2011/492/EU would be
funded by the bridging facility to be established.

The substance of the Decision (i.e. detailed conditionality and EU
responses) may require adaptation as the political situation changes, but at
this time it is not possible to predict such changes 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 with regard to Guinea-Bissau.

2013/0208 (NLE)

Proposal for a

COUNCIL DECISION

extending the period of application of the
appropriate measures in Decision 2011/492/EU concerning the conclusion of
consultations with the Republic of Guinea-Bissau 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[1] (hereinafter referred to as the
‘ACP-EC Partnership 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
2011/492/EU, consultations with the Republic of Guinea-Bissau under Article 96
of the ACP-EC Partnership Agreement were concluded and appropriate measures, as
specified in the Annex to that Decision, were taken.

(2)       By Council Decision
2012/387/EU, Council Decision 2011/492/EU was extended by one year, until 19
July 2013.

(3)       The essential elements
cited in Article 9 of the ACP-EC Partnership 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.

(4)       Decision 2011/492/EU should
therefore be amended to extend further the period of application of the
appropriate measures,

HAS ADOPTED THIS DECISION:

Article 1

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

Article 3 is replaced by the following:

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

It shall expire on 19 July 2014.

It shall be reviewed regularly at least
once every six months, preferably in the light of joint monitoring missions by
the European External Action Service and the Commission.’

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. It shall be published in the Official Journal of the
European Union.

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,

Following 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.

By Council Decision 2012/387/EU of 16 July 2012, Council Decision
2011/492/EU was extended by one year, until 19 July 2013.

Twelve months after this extension, the
European Union considers that no significant progress has been made and has
therefore decided to extend further the period of application of Decision
2011/492/EU, until 19 July 2014.

The European Union wishes 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.