ANNEX

Sir,

The European Union considers that several of the 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’) have not been complied with by the Republic of Burundi. On several occasions, particularly during the intensified dialogue under Article 8 of the ACP-EU Partnership Agreement, it has expressed its concern about the failure to comply with certain principles of human rights, democracy and the rule of law.

The European Union accordingly entered into consultations with the Government of Burundi under Article 96 of the ACP-EU Partnership Agreement in order to examine those concerns and ways they could be remedied.

After the Government of Burundi accepted the European Union's invitation, consultations were opened in Brussels on 8 December 2015.

During the meeting, the parties discussed the necessary measures to ensure a swift return to compliance with democratic principles and values, human rights and the rule of law, on the basis of the essential elements of the ACP-EU Partnership Agreement and the principles set out in the Arusha Agreements. There were discussions on nine subjects on which the European Union expected specific and concrete commitments from the Government of Burundi.

The European Union took note of the responses given by the Burundian side during the consultations, particularly with regard to:

— the reopening of private media and the settlement of disputes relating to private media under the Press Act;

— the freedom to exercise the profession of journalism;

— the freedom and safety of civil society and of defenders of human rights;

— the management of pending legal cases in accordance with the commitments requested during the intensified dialogue under Article 8 of the ACP-EU Partnership Agreement;

— the situation of prisoners arrested during protests;

— the pursuit of investigations concerning allegations of torture and extra-judicial killings;

— the holding of an inter-Burundian dialogue, in consultation with the East African Community and the African Union, or another international mediator, to facilitate a return to democratic principles;

— the disarmament and disbandment, with the support of international observers, of any armed organisation other than the national police and defence forces;

— the implementation of a crisis-resolution plan, in accordance with a timetable to be drawn up.

In its conclusions following the consultations, the European Union took note of the commitment expressed by the Government of Burundi to provide clarifications and to speed up certain legal proceedings. However, at the same time, the European Union found that the responses given by the representatives of the Government of Burundi were not sufficient to address comprehensively the issue of non-compliance with essential elements of its partnership with the Republic of Burundi, or to provide a satisfactory response to the decisions taken by the African Union's Peace and Security Council on 17 October and 13 November 2015.

The European side therefore decided to close the consultations and to adopt appropriate measures under Article 96(2)(c) of the ACP-EU Partnership Agreement.

The return to compliance with the essential elements of the ACP-EU Partnership Agreement will be accompanied by the gradual resumption of normal cooperation ties. The schedule of commitments attached in the Annex clearly sets out the commitments expected, divided into four main areas which will be simultaneously assessed, and the appropriate measures that respond to the progress made. You will note that we are expecting to review and adjust the terms and conditions of financing and payment of our support to the Burundian contingent taking part in the AMISOM Mission (financed by the European Development Fund (EDF) under the African Peace Facility) in consultation with the African Union.

The European Union reserves the right to amend those measures in the light of the changing political situation and the implementation of commitments.

As part of the procedure under Article 96 of the ACP-EU Partnership Agreement, the European Union will continue to monitor closely the situation in Burundi throughout the period of validity of the decision taken under Article 96 of the ACP-EU Partnership Agreement. During this period, a dialogue will be conducted with the Government of Burundi in order to support the process of returning to compliance with the essential elements of the ACP-EU Partnership Agreement. Regular reviews of the situation will be conducted by the European Union, with the first to take place within six months. The Council may review the decision taken under Article 96 in the light of how the situation develops and whether or not the commitments are implemented.

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

For the Council F. MOGHERINI President