EN Official Journal of the European Union L 324/1

COUNCIL DECISION

of 5 December 2011

amending and extending the application period of Decision 2010/371/EU concerning the conclusion of consultations with the Republic of Madagascar under Article 96 of the ACP-EC Partnership Agreement

(2011/808/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 amended in Ouagadougou, Burkina Faso, on 22 June 2010 (2), hereinafter referred to as "the ACP-EC Partnership Agreement", 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-EC Partnership Agreement (3), and in particular Article 3 thereof,

Having regard to the proposal from the European Commission,

In agreement with the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1) Decision 2010/371/EU of 7 June 2010 concerning the conclusion of consultations with the Republic of Madagascar under Article 96 of the ACP-EU Partnership Agreement (4) was adopted in order to implement appropriate measures in response to the violation of the essential elements referred to in Article 9 of the said ACP-EU Partnership Agreement.

(2) These appropriate measures were extended until 6 December 2011 by Decision 2011/324/EU (5) since, after twelve months, no road map for a consensus-based transition had been signed by the Malagasy parties or endorsed by the Southern African Development Community (SADC), the African Union or the international community.

(3) Thanks to major efforts by all Malagasy political parties and the mediation of the SADC, a "roadmap" to end the crisis in Madagascar was signed by a clear majority of Madagascar's political stakeholders on 16 September 2011. This roadmap outlines the commitments entered into by the signatories with a view to a neutral, inclusive and consensus-based transition process leading to the holding of transparent, free and credible elections and the return to constitutional order. Implementation has already begun with the appointment of a consensus Prime Minister on 28 October 2011.

(4) Accordingly, the appropriate measures should be amended so that the European Union can support the transition process, on condition that the Malagasy side fulfils its commitments in terms of the key transition milestones of the roadmap or of those that may emerge by agreement in the course of any political dialogue between the Malagasy government and the Union.

(5) The period of application of Decision 2010/371/EU expires on 6 December 2011. The appropriate measures as amended by this Decision should be applicable for twelve months, subject to their regular review over this period,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2010/371/EU is hereby amended as follows:

(1) in Article 3 the second sentence is replaced by the following: "It shall remain in force during the period until 6 December 2012, subject to regular review during this period";

(2) the appropriate measures set out in the letter in the Annex to Decision 2010/371/EU of 7 June 2010 are replaced by the appropriate measures set out in the Annex to this Decision.

Article 2

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

Done at Brussels, 5 December 2011. For the Council The President M. DOWGIELEWICZ

(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.

(4) OJ L 169, 3.7.2010, p. 13.

(5) OJ L 146, 1.6.2011, p. 2.