EN Official Journal of the European Union L 169/13

COUNCIL DECISION

of 6 June 2010

concerning the conclusion of consultations with the Republic of Madagascar under Article 96 of the ACP-EU Partnership Agreement

(2010/371/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 thereof,

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), as revised in Luxembourg on 25 June 2005 (2) (hereinafter referred to as the ‘ACP-EU Partnership Agreement’), and in particular Article 96 thereof,

Having regard to the Internal Agreement between 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,

Whereas:

(1) The essential elements referred to in Article 9 of the ACP-EU Partnership Agreement have been violated.

(2) On 6 July 2009, under Article 96 of the ACP-EU Partnership Agreement, consultations were opened with Madagascar in the presence of representatives of the African, Caribbean and Pacific (ACP) Group of States, during which representatives of the High Transitional Authority failed to present satisfactory proposals or undertakings.

(3) The European Union proposed that consultations remain open in order to encourage Madagascar’s High Transitional Authority to continue negotiations with the country’s political factions under the aegis of the joint mediation team in order to arrive at a consensual agreement.

(4) Under the aegis of the joint mediation team headed by Mr Chissano, on 9 August 2009, Madagascar’s four political factions signed, in Maputo, agreements including provisions for the establishment of transition institutions to manage the transition process and organise presidential and legislative elections within fifteen months. These agreements were supplemented by the ‘Additional Act to the Malagasy Charter of the Transition’, which was signed in Addis Ababa on 6 November 2009.

(5) Since then, no compromise has been reached between the four political factions on the practical implementation of these agreements. The High Transitional Authority, which currently holds the reins of power, has, however, committed itself to a unilateral transition process, including the appointment of a Prime Minister and a government and the organisation of elections for 2010, which runs counter to the spirit and the letter of the Maputo agreements and the Addis Ababa Charter.

(6) Consequently, the consultations opened under Article 96 of the ACP-EU Partnership Agreement should be closed and appropriate measures adopted,

HAS ADOPTED THIS DECISION:

Article 1

Consultations with the Republic of Madagascar 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, signed in Cotonou on 23 June 2000, as revised in Luxembourg on 25 June 2005, (hereinafter referred to as the ‘ACP-EU Partnership Agreement’) are hereby concluded.

Article 2

The measures set out in the annexed letter are hereby adopted as appropriate measures under Article 96(2)(c) of the ACP-EU Partnership Agreement.

Article 3

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

It shall remain in force for a period of 12 months and shall be re-examined regularly.

Done at Luxembourg, 6 June 2010. For the Council The President C. CORBACHO

(1) OJ L 317, 15.12.2000, p. 3.

(2) OJ L 287, 28.10.2005, p. 1.

(3) OJ L 317, 15.12.2000, p. 376.