EN Official Journal of the European Union L 333/46

COUNCIL DECISION

of 3 December 2012

extending the application period of Decision 2010/371/EU concerning the conclusion of the consultation procedure with the Republic of Madagascar under Article 96 of the ACP-EU Partnership Agreement

(2012/749/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 in Ouagadougou, Burkina Faso, on 22 June 2010 (2) (hereinafter ‘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-EU 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) Council 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 ACP-EU Partnership Agreement.

(2) These measures were extended until 6 December 2011 by Council Decision 2011/324/EU (5) and amended and extended until 6 December 2012 by Council Decision 2011/808/EU (6).

(3) Significant progress has been made, in particular in the establishment of the transition institutions and in the electoral process, as a result of the mediation of the Southern African Development Community (SADC), which has enabled the process of ending the crisis to be taken forward. Such progress includes the establishment of the Independent National Electoral Commission of the Transition (INEC-T), Parliament’s adoption of an amnesty law, and the announcement of election dates in line with the recommendations made by United Nations experts. Nevertheless, the roadmap for the transition has not been implemented fully.

(4) The period of application of Decision 2010/371/EU expires on 6 December 2012. Since the parliamentary elections and the second round of presidential elections are scheduled for 3 July 2013, the appropriate measures in force should be extended until the Council decides that credible elections have taken place and that constitutional order has returned to Madagascar, subject to regular review during this period,

HAS ADOPTED THIS DECISION:

Article 1

In Article 3 of Decision 2010/371/EU, the second sentence is replaced by the following:

‘It shall remain in force until the Council decides, on the basis of a proposal made by the Commission, that credible elections have taken place and that constitutional order has returned to Madagascar, subject to regular review during this period.’.

Article 2

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

Done at Brussels, 3 December 2012. For the Council The President N. SYLIKIOTIS

(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.

(6) OJ L 324, 7.12.2011, p. 1.