# EUR-Lex - 52015PC0075 - EN

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# 52015PC0075

**Proposal for a COUNCIL DECISION repealing Decision 2011/492/EU concerning the conclusion of consultations with the Republic of Guinea-Bissau under Article 96 of the ACP-EU Partnership Agreement /* COM/2015/075 final - 2015/0039 (NLE) */**

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EXPLANATORY MEMORANDUM

On 31 January 2011 the European Union
decided to initiate consultations with the Republic of Guinea-Bissau under
Article 96 of the revised Cotonou Agreement[1].
This decision was made following 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, Carlos Gomes Junior.

This mutiny and the subsequent appointment
of its main instigators to high-ranking posts in the military hierarchy were
considered a clear and serious breach of the essential elements referred to in
Article 9 of the Cotonou Agreement (specifically, respect for democratic
principles) and as a case of special urgency within the meaning of its Article
96 (2)(b) thereof. Consequently, a letter was sent to the Guinea-Bissau
authorities on 2 February 2011 inviting them to enter into consultations.

At the first consultation, which took place
in Brussels on 29 March 2011, Guinea-Bissau undertook to:

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

· 
effectively implement the security sector reform
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;

· 
renew 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 in the roadmap for security sector reform drawn up by the
Economic Community of West African States (Ecowas);

· 
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.

With Council Decision 2011/492/EU of 18
July 2011, the European Union decided to adopt appropriate measures to ensure
the honouring of these undertakings, including a schedule of mutual commitments
leading to the gradual resumption of EU cooperation.

On 12 April 2012, after the first round of
the presidential elections held following the death in January of President
Malam Bacai Sanhé, members of the armed forces staged a coup d’état in which
the acting President and the Prime Minister were arrested.

In the absence of progress on the
implementation of the undertakings laid down in Council Decision 2011/492/EU,
the appropriate measures were extended until 19 July 2013 by Council Decision
2012/387/EU of 16 July 2012 and, subsequently, until 19 July 2014 by Council
Decision 2013/385/EU of 15 July 2013.

Legislative and presidential elections were
held on 13 April and 18 May 2014, judged by all international observers,
including an EU electoral observation mission, as free and credible. Council
Decision 2014/467/EU of 14 July then extended the validity of Decision
2011/492/EU, but suspended the application of the appropriate measures therein
to enable the EU to engage with and provide direct support to the
democratically elected authorities in their efforts to consolidate democratic
institutions, reconcile society, and promote socioeconomic development in
Guinea-Bissau.

As part of the six-monthly review of
appropriate measures under Article 96 provided for in council Decision
2011/492/EU, a joint monitoring mission from the European External Action
Service and Commission services took place from 13 to 15 January 2015 in order
to assess the extent to which the essential elements (democratic principles,
rule of law, human rights, good governance) laid down in Article 9 of the
Cotonou Agreement were being respected and to measure the progress made by
Guinea-Bissau in implementing its undertakings with a view to lifting the
Article 96 measures.

On the basis of the findings of the joint
monitoring mission and the recommendations of the resident and non-resident EU
Heads of Mission to Guinea-Bissau, and taking into account the holding of
credible elections, the restoration of the constitutional order, the
establishment of an inclusive government committed to implementing the reform
necessary for the development and stability of the country, and the encouraging
progress made on implementing the Article 96 commitments, it appears
politically appropriate to lift the Article 96 appropriate measures laid down in
Council Decision 2011/492/EU.

The full resumption of the EU’s cooperation
with Guinea-Bissau will send a strong political message in support of the newly
elected authorities, enabling the EU to fully engage in supporting the
country’s reform programme and development agenda and contribute to the
international community’s ongoing efforts to bring about a return to
constitutional order and reduce the risk of Guinea-Bissau’s democratic
institutions being further weakened.

Conclusion

In view of the above, the Council is
requested to adopt the attached draft proposal for a Council Decision repealing
Decision 2011/492/EU concerning the conclusion of consultations with the
Republic of Guinea-Bissau under Article 96 of the Cotonou Agreement.

2015/0039 (NLE)

Proposal for a

COUNCIL DECISION

repealing Decision 2011/492/EU concerning
the conclusion of consultations with the Republic of Guinea-Bissau under
Article 96 of the ACP-EU 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 (“ACP”) 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[2]
(the ‘ACP-EU Partnership Agreement’), as amended[3],
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[4], and in particular
Article 3 thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)       By Council Decision
2011/492/EU[5],
consultations with the Republic of Guinea-Bissau under Article 96 of the ACP-EU
Partnership Agreement were concluded and appropriate measures, as specified in
the Annex to that Decision, were taken.

(2)       Those measures were
extended until 19 July 2013 by Council Decision 2012/387/EU[6] and, subsequently,
until 19 July 2014 by Council Decision 2013/385/EU[7]. Council Decision
2014/467/EU[8]
extended the validity of Council Decision 2011/492/EU by one year, until 19
July 2015, but suspended the application of its appropriated measures.

(3)       Peaceful, free and
credible legislative and presidential elections were held in Guinea-Bissau on
13 April and 18 May 2014 and constitutional order was restored in the country.

(4)       An inclusive government
committed to implement the reforms necessary for the development and stability
of the country was established, and encouraging progress on implementing the
Article 96 commitments laid down in Council Decision 2011/492/EU has been made.

(5)       Guinea-Bissau remains
fragile and the democratically elected authorities need the support of
international partners to pursue the implementations of the country’s reform
programme and development agenda.

(6)       In order to support,
together with other international partners, the ongoing efforts of national
authorities to stabilise and consolidate the democratic institutions and
promote the socioeconomic development of Guinea-Bissau, Council Decision
2011/492/EU should be repealed,

HAS ADOPTED THIS DECISION:

Article 1

Council Decision 2011/492/EU is repealed.

Article 2

The letter in the Annex to this 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

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

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

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

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

[5]               Council Decision 2011/492/EU of 18 July 2011
concerning the conclusion of consultations with the Republic of Guinea-Bissau
under Article 96 ACP-EU Partnership Agreement (OJ L 203, 6.8.2011, p. 2)

[6]               Council Decision 2012/387/EU of 16 July 2012
extending the period of application of the appropriate measures in Decision
2011/492/EU (OJ L 187, 17.7.2012, p. 1-2)

[7]               Council Decision 2013/385/EU of 15 July 2013
extending the period of application of the appropriate measures in Decision
2011/492/EU (OJ L 194, 17.7.2013, p. 6)

[8]               Council Decision 2014/467/EU of 14 July 2014
extending the validity of Decision 2011/492/EU and suspending the application
of its appropriate measures (OJ L 212, 18.7.2014, p. 12-14)

ANNEX

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

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

Sirs,

The European Union (EU) is very encouraged by Guinea-Bissau’s
achievements over the past year. The country turned a corner when it held
peaceful and credible general elections in April and May 2014, establishing
democratically elected authorities, including an inclusive government that we
believe is committed to rebuilding the country, strengthening its democratic
institutions and moving towards socio-political stability and economic
development.

In view of the restoration of constitutional order and the progress
made towards Guinea‑Bissau’s commitments under Article 96 of the Cotonou
Agreement, as well as your undertaking to pursue their implementation by
carrying out the necessary reforms and taking appropriate action, it is our
pleasure to inform you that the measures which since 2011 have restricted the
scope of EU development cooperation with Guinea-Bissau have been repealed. We
are therefore fully resuming our cooperation with your country.

Since Guinea-Bissau still faces many political and socio-economic
challenges, we would like to encourage you to stay united and continue your
efforts to strengthen democratic institutions, genuinely reform the security
sector, strengthen the rule of law, combat corruption, impunity and drug
trafficking, and promote sustainable development. The EU stands by you and
supports all efforts undertaken in this direction.

Indeed, the lifting of the appropriate measures under Article 96 of
the Cotonou Agreement enables us to assist you in the organisation of the Round
Table on Guinea‑Bissau on 25 March 2015 in Brussels and to fully
contribute to its success.

Moreover, we will continue the consultation and preparation phase of
the 11th European Development Fund with your government with a view to signing
as soon as possible the National Indicative Programme that will support you in
the implementation of your ambitious reform programme.

Finally, we look forward not only to a full re-engagement with
Guinea-Bissau through development, but also to a strengthening of our political
dialogue under Article 8 of the Cotonou Agreement.

Yours faithfully,

For the Council || For the Commission

F. MOGHERINI High Representative || N. MIMICA Commissioner