EN Official Journal of the European Union L 213/13

COUNCIL DECISION

of 7 August 2012

extending the validity of Decision 2012/96/EU and suspending the application of the appropriate measures set out in Decision 2002/148/EC

(2012/470/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 as last revised in Ouagadougou, Burkina Faso, on 23 June 2010 (2), hereinafter referred to as ‘the Cotonou 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 Cotonou Agreement (3), and in particular Article 3 thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) By Decision 2002/148/EC (4), consultations with the Republic of Zimbabwe under Article 96(2)(c) of the Cotonou Agreement were concluded and appropriate measures, as specified in the Annex to that Decision, were taken. These measures have since been adapted and their period of application extended each year.

(2) By Decision 2012/96/EU (5) the appropriate measures were adapted and their period of application extended for six months until 20 August 2012.

(3) The Union recognises the creation of the Government of National Unity in Zimbabwe as an opportunity to re-establish a constructive relationship between the Union and Zimbabwe and to support the implementation of Zimbabwe’s reform programme.

(4) By means of Council Decision 2012/97/CFSP of 17 February 2012 amending Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe (6), the Union took a significant decision to relax parallel CFSP sanctions on individuals with a view to encouraging further progress and thereby demonstrating its strong commitment to the Global Political Agreement process. The high level consultations held in Brussels with the Zimbabwe Ministerial re-engagement team in May 2012 constitute an important step forward in this re-engagement process.

(5) The Union continues to support the ongoing efforts of the Government of National Unity in implementing the Global Political Agreement, and welcomes the progress made in Zimbabwe to stabilise the economy and restore social services. The Union also continues to support the facilitation efforts led by South Africa on behalf of the Southern African Development Community.

(6) To demonstrate the Union’s continued commitment to the Global Political Agreement process, it is appropriate to extend the validity of Decision 2012/96/EU, while, however, suspending the application of the appropriate measures limiting cooperation under Article 96 of the Cotonou Agreement for a period of 12 months.

(7) Should there be a deterioration of the state of democracy, human rights and the rule of law in Zimbabwe, the Union could re-impose these appropriate measures and/or other measures at any time,

HAS ADOPTED THIS DECISION:

Article 1

The validity of Decision 2012/96/EU and of its appropriate measures is hereby extended until 20 August 2013. However, the application of the appropriate measures is hereby suspended.

The appropriate measures shall be kept under constant review and shall be applied again if the situation in Zimbabwe is to seriously deteriorate. Such measures shall in any event be reviewed six months after the entry into force of this Decision.

The letter annexed to this Decision shall be addressed to the President of Zimbabwe, Mr Mugabe, and copied to Prime Minister Tsvangirai and Mr Welshman Ncube.

Article 2

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

Article 3

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 7 August 2012. For the Council The President A. D. MAVROYIANNIS

(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) Council Decision of 18 February 2002 concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement (OJ L 50, 21.2.2002, p. 64).

(5) Council Decision of 17 February 2012 adapting and extending the period of application of the appropriate measures first established by Decision 2002/148/EC concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement (OJ L 47, 18.2.2012, p. 47).

(6) OJ L 47, 18.2.2012, p. 50.