----

            COUNCIL DECISION         

of 14 April 2005         

concluding consultations with the Republic of Guinea under Article 96 of the Cotonou Agreement

(2005/321/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000 (1), 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 (2) and in particular Article 3 thereof,

Having regard to the proposal from the Commission,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

Consultations with the Republic of Guinea pursuant to Article 96 of the Cotonou Agreement are hereby concluded.

Article 2

The measures specified in the annexed letter are hereby adopted as appropriate measures within the meaning of Article 96(2)(c) of the Cotonou Agreement.

Article 3

This Decision shall enter into force on the day it is adopted. It shall be published in the Official Journal of the European Union.

This Decision shall expire on 14 April 2008. It shall be reviewed regularly at least every six months.

Done at Luxembourg, 14 April 2005.

For the Council

The President

L. FRIEDEN            

----

(1)OJ L 317, 15.12.2000, p. 3.

(2)OJ L 317, 15.12.2000, p. 376.

----

ANNEX

Sir,

The European Union attaches great importance to the provisions of Article 9 of the Cotonou Agreement. The ACP-EU partnership is founded on respect for human rights, democratic principles and the rule of law; these being essential elements of the Agreement and thus forming the basis for relations between us.

In this spirit, the European Union has been concerned by the deterioration of democracy and the rule of law, particularly after the constitutional referendum in 2001 and the parliamentary elections (2002) and presidential elections (2003). The European Union has also been concerned at the lack of respect for human rights and fundamental freedoms and the lack of good administrative, political, economic and financial governance.

It considered that the political situation in Guinea constituted a violation of the essential elements set out in Article 9 of the Cotonou Agreement. In view of this Article and the political deadlock in Guinea, it decided on 31 March 2004 to open consultations under Article 96 of the Agreement in order to thoroughly review the situation and find a remedy if possible.

These consultations began in Brussels on 20 July 2004. On that occasion several fundamental issues were addressed, and you were able to present your point of view and your analysis of the situation in your country. You also presented a memorandum containing an action plan for consolidating democracy, respect for human rights, the rule of law and good governance.

Following the submission of that report a joint follow-up mission (EU Presidency and the Commission) went to Conakry and, in collaboration with EU Member States’ representatives on the spot, evaluated implementation of the undertakings.

The European Union notes that the Guinean authorities showed great willingness both to continue and step up talks and to facilitate the EU follow-up mission. It also finds that you have taken promising initiatives in relation to some undertakings. In particular:

These initiatives will undoubtedly improve respect for human rights and fundamental freedoms in your country. However, most of the undertakings are to be implemented over an extended period and it will be necessary to monitor the implementation of some of them over time, in particular in order to ensure the consolidation of democracy. In this connection, the European Union is anxious for the measures listed in your progress report on implementation of the memorandum of 30 September 2004 to be taken, in particular:

Following the consultations, and in the light of the undertakings given thus far and the measures still to be implemented, it has been decided that the following appropriate measures under Article 96(2)(c) of the Cotonou Agreement will be adopted.

Regular reviews will have to be conducted by the Presidency of the European Union and the European Commission, the first to be held within the next six months.

The European Union will continue monitoring the situation in Guinea closely for a period of 36 months. An enhanced political dialogue within the framework of Article 8 of the Cotonou Agreement will be conducted with your government with a view to consolidating democracy and the rule of law in particular through the holding of parliamentary elections as well as respect for human rights and fundamental freedoms.

The European Union reserves the right to amend the appropriate measures should the undertakings given by the Guinean authorities increase in pace or, alternatively, break down.

I have the honour to be, Sir, yours faithfully,

For the Council

For the Commission

----

(1)  OAU/AU Declaration on the Principles Governing Democratic Elections in Africa, AHG Declaration 1 (XXXVIII).

----