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►B COUNCIL DECISION  
of 18 July 2011  
concerning the conclusion of consultations with the Republic of Guinea-Bissau under Article 96 of 
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  
(2011/492/EU)  
(OJ L 203, 6.8.2011, p. 2)  
Amended by:  
Official Journal  
No page  date  
►M1 Council Decision 2012/387/EU of 16 July 2012  L 187  1  17.7.2012  2011D0492 — EN — 16.07.2012 — 001.001 — 1
COUNCIL DECISION  
of 18 July 2011  
concerning the conclusion of consultations with the Republic of 
Guinea-Bissau under Article 96 of 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
 
(2011/492/EU)  
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 ) and revised at Ouagadougou, 
Burkina Faso on 22 June 2010 (  2 ) (the ACP-EU Partnership Agree ­
ment), 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 Part ­
nership Agreement (  3 ), and in particular Article 3 thereof,  
Having regard to the proposal from the European Commission,  
In conjunction with the High Representative of the Union for Foreign 
Affairs and Security Policy,  
Whereas:  
(1) The essential elements referred to in Article 9 of the ACP-EU 
Partnership Agreement have been violated.  
(2) On 29 March 2011, pursuant to Article 96 of the ACP-EU Part ­
nership Agreement, consultations started with Guinea-Bissau in the presence of representatives of the African, Caribbean and 
Pacific Group of States, including the African Union, Economic 
Community of West African States (Ecowas) and the Community of Portuguese Language Countries (CPLP) during which repre ­
sentatives of the Guinea-Bissau government presented satisfactory proposals and undertakings.
 
(3) Consequently, the consultations opened under Article 96 of the 
ACP-EU Partnership Agreement should be closed and appropriate 
measures adopted for the performance of these undertakings,  
HAS ADOPTED THIS DECISION:  
Article 1  
Consultations with Guinea-Bissau under Article 96 of the ACP-EU 
Partnership Agreement are hereby concluded.  ▼B 2011D0492 — EN — 16.07.2012 — 001.001 — 2  
( 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.
 Article 2  
The measures set out in the annexed letter are hereby adopted as appro ­
priate measures under Article 96(2)(c) of the ACP-EU Partnership Agreement.
 
Article 3  
This Decision shall enter into force on the date of its adoption.  
It shall expire on  ►M1 19 July 2013 ◄. 
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.  ▼
B 2011D0492 — EN — 16.07.2012 — 001.001 — 3
 
ANNEX  
DRAFT LETTER  
President of the Republic of Guinea-Bissau,  
Prime Minister of the Republic of Guinea-Bissau,  
Sirs, 
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 essential elements set out in Article 9 of 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 (the ACP- EU Partnership Agreement). It has on several occasions expressed concern about 
the failure to ensure the primacy of civilian authority and to abide by the 
principles of good democratic governance in Guinea-Bissau.
 
In application of Article 96 of the the ACP-EU Partnership Agreement, the 
European Union has therefore engaged in a political dialogue with the 
government in order to study the situation and possible solutions. Following 
the agreement of the Guinea-Bissau government, the consultations opened in Brussels on 29 March 2011.
 
During the meeting the participants discussed the necessary measures for 
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. Prior to the consultations, the Guinea- 
Bissau authorities submitted a memorandum with proposals designed to assuage 
the concerns raised in the European Union’s letter.
 
The European Union noted these undertakings in the course of the consultations, 
particularly as regards:  
— 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 to 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.  ▼B 2011D0492 — EN — 16.07.2012 — 001.001 — 4
 
In its conclusions following the consultations the European Union urged the 
representatives 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 time-frame set out in the Ecowas 
roadmap.
 
The European Union found the undertakings made by Guinea-Bissau broadly 
encouraging. Accordingly, it was decided to close the consultations and to 
adopt appropriate measures under Article 96(2)(c) of the ACP-EU Partnership Agreement.
 
The gradual resumption of cooperation with a view to safeguarding the essential 
elements referred to in the the ACP-EU Partnership Agreement will take place in the following stages as set out in Annex I (schedule of commitments):
 
1. The European Union is continuing to finance ongoing contracts, humanitarian 
and emergency operations, measures in direct support of the people of 
Guinea-Bissau and projects to combat transnational crime and support the consolidation of democracy. Guinea-Bissau is eligible for the EDF MDG initiative. The allocation of funding under regional projects covering 
Guinea-Bissau and from other EDF facilities (water, energy, etc.) and the 
launch of preparatory measures for the implementation of future projects, including the preparation and implementation of future operations by the European Investment Bank, will be examined on a case-by-case basis.
 
2. The suspension of projects and programmes in the ‘Conflict Prevention’ focal 
sector (with the exception of Projust, Paracem and disbursement of 
contributions to the RSS pension fund under the PARSS programme to 
support reform of the security sector), the ‘Water and Energy’ focal sector (Bissau Electrification Project) and outside the focal sectors (the Sustainable Management of Road Transport Project and Private Sector Support 
Programme) will be lifted as soon as the following take place:
 
(i) submission of a detailed timetable for implementation of security sector 
reform undertakings in compliance with the Ecowas roadmap;  
(ii) the finalisation, adoption, enactment and publication of the security sector 
reform legislative package drawn up with the support of the EU’s CSDP mission;
 
(iii) the approval of and assistance to 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; and
 
(iv) the preparation, adoption and a start to effective implementation of 
national operational plans to implement security sector reform and to 
combat drug trafficking and money laundering.  
3. Disbursement of the EDF’s first contribution to the retirement pension fund 
for elderly surplus staff in the security sector (PARSS programme, 9th EDF), conditional on payment of the government’s and Ecowas’s contributions, will be subject to:
 
(i) 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; and  ▼B 2011D0492 — EN — 16.07.2012 — 001.001 — 5
 
(ii) improvements in the administrative and financial management of public, 
civilian and military employees in Guinea-Bissau.  
4. The European Union will envisage resuming budget support, resumption of 
the new support programme for the justice sector (Projust, ‘Conflict 
Prevention’ focal sector), and preparing a new support programme for civil 
and military reforms (Paracem, ‘Conflict Prevention’ focal sector), after:  
(i) continued effective implementation of national operational plans to 
implement security sector reform and to combat drug trafficking and money laundering;
 
(ii) the commencement of judicial investigations and proceedings into the 
events of 1 April 2010;  
(iii) 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 recommen ­
dations of the Ecowas roadmap for security sector reform.
 
The European Union reserves the right to amend these measures in the light of 
the changing political situation and progress in the implementation of commit ­
ments.  
As part of the procedure under Article 96 of the ACP-EU Partnership Agreement, 
the European Union will continue to monitor the situation in Guinea-Bissau closely over a period of 12 months. During this period an enhanced dialogue will be pursued with the government under Article 8 of the ACP-EU Partnership 
Agreement with a view to safeguarding the essential elements referred to in that 
Agreement. Regular reviews will be conducted by the European Union; the first monitoring mission should in principle take place within six months.
 
The two parties undertake to hold a regular political dialogue under Article 8 of 
the ACP-EU Partnership Agreement on reforms in the area of political, judicial and economic governance, paying particular attention to the reform of the 
security sector, measures to tackle impunity and organised crime, particularly 
drug trafficking.
 
We have the honour to be, Sirs, yours faithfully,  ▼B 2011D0492 — EN — 16.07.2012 — 001.001 — 6
 
ANNEX I: SCHEDULE OF COMMITMENTS  
Commitments by partners  
Commitment by Guinea-Bissau  Commitment by the European Union  
STATE OF PLAY  Financing continues for ongoing contracts, 
humanitarian and emergency operations, measures in direct support of the people of Guinea-Bissau and projects to combat trans ­
national crime and support the consolidation of 
democracy. Programmes and actions covered by appropriate measures have been frozen. The country is eligible for the MDG initiative. The 
allocation of funding under regional projects 
covering Guinea-Bissau and from other EDF facilities (water, energy, etc.) and the launch of preparatory measures for the implementation of 
future projects, including the preparation and 
implementation of possible operations by the European Investment Bank, to be examined on a case-by-case basis by the competent 
departments of the European Union.
 
Implementation of the following undertakings: 
— Submission of a detailed timetable for 
implementation of security sector reform 
undertakings in compliance with the 
Ecowas roadmap 
— Finalisation, adoption, enactment and 
publication of the security sector reform 
legislative package (  1 ) drawn up with the 
support of the EU’s CSDP mission 
— Approval of and assistance to 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 
— Preparation, adoption and start to effective 
implementation of national operational 
plans to implement security sector reform and to combat drug trafficking and money laundering
 Resumption of projects and programmes: 
— in the ‘Conflict Prevention’ focal sector 
(with the exception of Projust, Paracem 
and disbursement of contributions to the 
RSS pension fund under the PARSS programme) 
— the ‘Water and Energy’ focal sector (Bissau 
Electrification Project) 
— outside the focal sectors (the Sustainable 
Management of Road Transport Project and Private Sector Support Programme)  
(current financial reference amount: 
EUR 23,2 million)
 
Implementation of the following undertakings: 
— Conduct and conclusion of judicial investi ­
gations and proceedings that are fully inde ­
pendent and carried out under appropriate 
logistic and security conditions relating to 
the assassinations in March and June 2009 
— Improvements in the administrative and 
financial management of public, civilian and military employees in Guinea-Bissau
 — Disbursement of the contribution to the 
retirement pension fund for elderly surplus 
staff in the security sector (PARSS programme, ‘Conflict Prevention’ sector), in so far as the government and Ecowas 
provide the necessary funding  
(current financial reference amount: EUR 
3 million)
 ▼B 2011D0492 — EN — 16.07.2012 — 001.001 — 7
 
Commitments by partners  
Commitment by Guinea-Bissau  Commitment by the European Union  
Implementation of the following undertakings: 
— Effective implementation of national oper ­
ational plans to implement security sector 
reform and to combat drug trafficking and money laundering 
— Commencement of judicial investigations 
and proceedings into the events of 1 April 2010 
— 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
 Resumption of programmes: 
— support programme for the justice sector 
(Projust, ‘Conflict Prevention’ focal sector) 
— to support reform of the civil and military 
administration – Paracem (‘Conflict 
Prevention’ focal sector) 
— for budgetary support  
(current financial reference amount: EUR 46 
million)  
( 1 ) Framework legislation for the reform of the security sector (indicative list [translation]): National Strategic 
Defence Concept, National Defence Act, Armed Forces Organisation Act, Armed Forces General Staff Act, 
Army Act, Navy Act, Air Force Act, Defence Ministry Act, Military Readiness Act (revision of Act No 3/ 
99), Military Service Act (revision of Act No 4/99), Interior Ministry Act.  ▼B 2011D0492 — EN — 16.07.2012 — 001.001 — 8