[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 24/02/2009

COM(2009) 92 final

Proposal for a

COUNCIL DECISION

concerning the conclusion of consultations with the Islamic Republic of Mauritania under Article 96 of the revised Cotonou Agreement

(presented by the Commission)

EXPLANATORY MEMORANDUM

On 15 September 2008 the European Union decided to open consultations with the Islamic Republic of Mauritania under Article 96 of the revised Cotonou Agreement. This decision was taken because the coup d’état in Mauritania on 6 August 2008 constituted a particularly serious and manifest violation of the essential elements listed in Article 9 of the Agreement (respect for democratic principles and the rule of law) and was a case of special urgency within the meaning of Article 96(2)(b). A meeting took place in Paris on 20 October under the consultation process between the European Union, represented by the Council Presidency and the Commission, and the ACP, whose party included representatives of the government illegally installed by the ruling military junta in Mauritania.

The European Union did not consider any satisfactory proposals had been made by the Mauritanian side at the meeting. Mauritania's proposals and commitments did not include the immediate and unconditional release of the legitimate President, and remained within a fundamentally unconstitutional and illegitimate framework, offering no prospect of a return to constitutional order in the near future.

In a spirit of openness to dialogue and full awareness of the complexity of the political situation in Mauritania, the Union wished to remain attentive to any positive developments based on a solution which met the international community's demands and proposed to the Mauritanian side that the consultations remain open for a period of one month until it came up with a potentially satisfactory solution.

Consulting regularly with the international community, in particular the African Union, the European Union failed to note any significant progress in Mauritania. A meeting was held in Addis Ababa on 10 November between the African Union, the League of Arab States, the United Nations, the Organisation of the Islamic Conference, the International Organisation of French-speaking Countries and the European Union. The participants issued a communiqué, endorsed by the permanent members and African members of the United Nations Security Council (but not China, which was not represented), reiterating " their urgent appeal to the authorities born out of the coup d'état to cooperate fully with the AU and other regional and international organisations concerned in the search for a political and consensual solution to the current crisis, based on the unconditional release of President Sidi Ould Cheikh Abdallahi and his contribution, befitting his status of legitimately elected President, to the definition of a solution to the crisis , the involvement of all stakeholders , and respect for the Mauritanian Constitution and international law . "

During the above meeting, the participants were informed of a proposal for a way out of the crisis put forward by the de facto ruling authorities in Mauritania. This proposal was based on the release of the legitimate President with the title " ex-President " and " former Head of State " under the aegis and supervision of the current junta and illegitimate government , and entailing a national consultation process aimed at setting out a roadmap and the details of a transition involving fresh presidential elections. It failed to meet the demands of the international community as it was clearly unconstitutional, did not suggest any role for the legitimate President, supports the illegitimate regime that emerged from the coup d'état and offered no prospect of an early return to constitutional order. Acceptance of the proposal would have been tantamount to recognising the coup d'état as an internationally acceptable method of power change.

The above organisations met again in Addis Ababa on 21 November at the end of the period of reflection that Mauritania had been allowed under the Article 96 consultations and confirmed their rejection of the junta's proposed crisis solutions. In the final communiqué of this meeting, in conjunction with the permanent members of the Security Council, this time including China, and the African non-permanent members, the partners:

1. noted that the junta had not come up with any new element since the last meeting on 10 November;

2. reconfirmed the elements contained in the communiqué of 10 November concerning the conditions for ending the crisis;

3. stated that a solution to the crisis could entail holding elections on a basis of compliance with the elements set out on 10 November;

4. endorsed the "possibility" of referral to the UNSC "if efforts failed";

5. affirmed that the organisations would draw conclusions from the impasse and take appropriate steps "in due course", including individual measures;

6. decided to send a delegation of the partners to Mauritania to present their position and propose a solution acceptable to the two sides.

On 13 November President Sidi Ould Cheikh Abdallahi, who had been under house arrest since 6 August, was transferred to his home village of Lemden, 250 km south of Nouakchott. He was allowed visitors and to meet the press under military supervision. Media coverage of a speech to celebrate independence on 28 November was, however, forbidden. At dawn on 21 December, the President was driven against his will to Nouakchott and released at his private residence. He immediately made his way back to Lemden to plan a return on his own terms. His passport was withdrawn. President Abdallahi's gradual release had yet to result in consultations on a consensual crisis solution. Unfortunately, the military junta was unwilling or unable to capitalise on the opportunity and continued, with the support of a majority of the parliament and senate, to strengthen its grip by restricting and clamping down on protests.

During a mission from 6 to 7 December under the African Union's aegis, the "international partners" obtained a promise from General Abdel Aziz that the legitimate President would be unconditionally released. Although this had been done, the partners also noted that the General was unwilling to agree to other key elements of the solution and that President Abdallahi did not wish to negotiate a solution until the junta stepped down and he was restored to power. At a fresh meeting in Brussels on 12 December the partners noted that an impasse had been reached and stressed that the release was a positive first step, but confirmed the need for appropriate measures if there was no sign of positive progress. Though officially released, President Abdallahi remains in his native village playing no active part in national politics, but calling for his full rights and duties as sole legitimate president to be restored.

A convention (" Etats Généraux de la Démocratie ") organised by the junta took place from 26 December to 6 January, attended mainly by members of parliament, in particular pro-coup "independent" members, and several organisations. Despite some confusion, many participants managed to address the convention. The main recommendation to emerge from this forum was the organisation of presidential elections on 30 May. These consultations produced arguments both for and against candidates from the military, but the overall conclusion was that General Aziz had the support of the majority and his eligibility for the presidential elections was not in question provided he gave up his military status.

The CFDD ( Coordination des Forces de Défense de la Démocratie ), a coalition of thirteen member parties of the anti-coup National Front for the Defence of Democracy (FNDD), six trade unions and 30 civil society organisations, held by its decision to boycott the convention. After initially taking part in the convention, Ahmed Ould Daddah and his party, the RFD, criticised the poor organisation and confusion of the meetings and dissociated themselves from the conclusions, which they considered more a reflection of the ground gained by the coup than a consensual solution for the restoration of constitutional order.

The convention therefore failed to produce a consensual solution and did not have the political backing of major political parties, including the "opposition" RFD or, of course, the parties that support the legitimate President. It was more a platform for independent MPs and senators backed by the coup leaders and the usual mob of hangers-on. The solutions proposed by the convention boil down to an attempt to legitimise the coup. They are no different in substance to those rejected by the African Union, the international partners and, previously, by the European Union at the Article 96 consultation meeting in Paris in October. The African Union – at the highest level – set the deadline of 5 February before sanctions would be imposed unless constitutional order was restored.

In the light of the situation described above, the European Union can only express its disapproval and is unable to support the Mauritanian military regime's initiatives. It must therefore bring an end to the formal consultations opened under Article 96 of the Cotonou Agreement. The European Union will continue to monitor events in Mauritania in the hope of an improvement in the situation.

To improve the chance of a return to constitutional and democratic order, the European Union and its Member States should take a series of appropriate measures, within their respective powers, including both individual sanctions targeted at those responsible for the coup, their closest associates and families, and economic sanctions to drastically reduce the amount of aid paid directly to or managed by the government, state agencies and state-owned enterprises.

The restrictions on cooperation described in detail in the letter in the annex to the decision must not affect humanitarian aid, direct aid to the people of Mauritania and to civil society, and must take account of key issues such as food security, the return of refugees, human rights, migration, promoting a culture of democracy and the need to prepare for a gradual resumption of cooperation in due course.

The future of the current Fisheries Partnership Agreement may be reviewed in the light of Mauritania's implementation of the sectoral support component, the European fleet's commercial priorities, the state of resources and the country's political and economic situation.

In view of the above, and in accordance with Articles 9 and 96 of the revised Cotonou Agreement, the Commission proposes that the Council conclude the consultations with the Islamic Republic of Mauritania and adopt the attached Decision.

Proposal for a

COUNCIL DECISION

concerning the conclusion of consultations with the Islamic Republic of Mauritania under Article 96 of the revised Cotonou Agreement

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000[1] (hereinafter referred to as the "Cotonou Agreement"), as revised by the agreement signed in Luxembourg on 25 June 2005[2], and in particular Article 96 thereof,

Having regard to the Internal Agreement 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 Commission,

Whereas:

(1) The essential elements referred to in Article 9 of the Cotonou Agreement have been violated.

(2) On 20 October 2008, pursuant to Article 96 of the Cotonou Agreement, consultations started with the ACP countries and the Islamic Republic of Mauritania during which representatives of the ruling military junta failed to present satisfactory proposals or commitments. Despite a one-month extension of the deadline, no new element has been noted,

HAS DECIDED AS FOLLOWS:

Article 1

Consultations with the Islamic Republic of Mauritania under Article 96 of the Cotonou 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 Cotonou Agreement.

Article 3

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

It shall be valid for 24 months from the date of its adoption by the Council. It shall be reviewed regularly at least once every six months in the light of joint monitoring missions by the Presidency of the European Union and the Commission.

Article 4

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

Done at Brussels, […]

For the Council

The President

ANNEX

Draft letter

Sir,

The European Union attaches great importance to the provisions of Article 9 of the revised Cotonou Agreement. The ACP-EU partnership is founded on respect for human rights, democratic principles and the rule of law; these are essential elements of the Agreement and thus form the basis for relations between us.

With this in mind, following the seizure of power by the military on 6 August 2008, the European Union immediately condemned the coup d'état and called for respect for democracy and the legal institutional framework that had been in place since 2007, and for the release and return to office of the legitimately elected President.

In application of Article 96 of the revised Cotonou Agreement and as the coup constitutes a serious violation of the essential elements referred to in Article 9 of that Agreement, the European Union engaged in a political dialogue with the ruling regime that resulted in the opening of consultations aimed at studying the situation and possible solutions for an early return to constitutional order.

At the opening meeting of the consultations in Paris on 20 October, the European Union did not consider any satisfactory proposals had been made by the Mauritanian side. In a spirit of openness to dialogue, and being fully aware of the complexity of the political situation in Mauritania, the European Union proposed to the Mauritanian side that the consultations remain open for a period of one month until it came up with a potentially satisfactory solution that would enable another consultation meeting to be arranged. It also informed the ACP and Mauritanian sides that, in the absence of any new elements before the one-month deadline expired, the consultations would be closed and appropriate measures adopted.

At a meeting in Addis Ababa chaired by the African Union on 10 November, the European Union and the five other international organisations present were informed of the proposals for putting an end to the crisis that had been sent to the African Union several days earlier by the Mauritanian junta. Those proposals were very similar to the ones already presented at the consultation meeting of 20 October and could not be regarded as satisfactory, given that they did not include the immediate and unconditional release of the legitimate President, and remained within a fundamentally unconstitutional and illegitimate framework, offering no prospect of a return to constitutional order in the near future. Following the meeting on 10 November, the six regional organisations issued a communiqué setting out, inter alia , the following essential elements of a consensual political solution to the crisis:

- the unconditional release of President Sidi Ould Cheikh Abdallahi;

- his contribution, befitting his status of legitimately elected President, to the definition of a solution to the crisis;

- the involvement of all stakeholders;

- respect for the Mauritanian Constitution and international law.

The above organisations met again in Addis Ababa on 21 November at the end of the period of reflection that Mauritania was allowed under the Article 96 consultations and confirmed their rejection of the junta's proposals for ending the crisis. In the final communiqué of this meeting, in conjunction with the permanent members of the UN Security Council and the African non-permanent members, the partners:

(1) noted that the junta had not introduced any new element since the last meeting on 10 November;

(2) reaffirmed the elements contained in the communiqué of 10 November concerning the conditions for ending the crisis;

(3) stated that a solution to the crisis could entail holding elections on a basis of compliance with the elements set out on 10 November;

(4) endorsed the "possibility" of referral to the UNSC "if efforts failed";

(5) reaffirmed that the organisations would draw conclusions from the impasse and take appropriate steps "in due course", including individual measures.

Other contacts and missions aimed at finding a solution consistent with compliance with Mauritania's national and international obligations and commitments have unfortunately failed to produce results, even if the release of the legitimate President, one of the essential elements referred to above, has taken place.

In the light of the above, the European Union has decided to bring the consultation period to an end and to adopt the following appropriate measures under Article 96(2)(c) of the revised Cotonou Agreement:

- In addition to any individual sanctions decided by each Member State of the European Union targeted at those responsible for the coup and their closest associates, economic sanctions will be taken to drastically reduce the amount of EU aid paid directly to the government, state agencies and state-owned enterprises. These restrictions on cooperation will not affect humanitarian aid, or direct aid to the people of Mauritania and Mauritanian civil society.

- The European Commission reserves the right to take over immediately the duties of the EDF National Authorising Officer on its own account.

- In so far as the monitoring of developments and sectoral policy decisions implemented by the de facto but not de iure regime affect ongoing cooperation projects and in the hope of a future resumption of cooperation in the light of an internationally acceptable solution to the crisis, Commission departments will continue to take part in political and sectoral dialogue in Mauritania at a technical level so long as such dialogue is not regarded as recognition of the legality of the regime installed following the coup d'état of 6 August 2008.

- Payments relating to ongoing contracts will be honoured in accordance with the relevant financing decisions. This concerns the following projects:

- Rosso–Boghé and Kaedi–Gouraye roads and technical assistance to the Transport Ministry;

- "rehabilitation of the Adrar oasis" project (closure of ongoing commitments);

- "water of hope" project (project completion);

- Water Facility: continuation of three ongoing contracts;

- NAO support programme: necessary measures for programme completion;

- regional solar programme: continuation of ongoing projects in Mauritania;

- civil society support programme. Continued implementation of governance-related activities under calls for proposals managed directly by the European Commission;

- programme to support the national road maintenance body (ENER): continuation of ongoing contractual commitments only;

- grant contract under the regional B envelope for the rehabilitation of flooded areas in the Senegal river region;

- support to local authorities (non-EDF): project to improve municipal water management in Nouakchott and partnership to support the school system in the Bousteila municipality.

- New contracts may be signed for the following programmes in accordance with the financing agreements:

- launch of local calls for proposal in the "non-State actors and democracy and human rights" area (non-EDF). Calls for proposals for the benefit of local authorities remain suspended;

- implementation of the migration management support project under ACP 9 EDF regional funding;

- rider to the "Zazou sanitation project" (non-EDF, NGO cofinancing);

- implementation of the "refugee return support" project in coordination and liaison with the ongoing support from the Commission's Humanitarian Aid Office (ECHO) provided conditions in Mauritania allow implementation and given compliance with the terms of contract.

- New projects may be appraised in the following areas:

- as part of the proposed response to the food crisis through mobilisation of the 10th EDF regional B envelope, a targeted operation to support inhabitants may be programmed for a total of EUR 2.08 million to be carried out by an international organisation and/or NGO provided the activity does not involve direct aid to the administration, the state or state agencies;

- programming of the envelope allocated to Mauritania under the new Food Facility and the Food Security thematic line involving agricultural support projects that can be implemented by international organisations and/or NGOs.

Implementation of other ongoing programmes and of the 10th EDF indicative programme, subject to the exceptions below, is suspended pending the gradual resumption of cooperation under the conditions set out below.

The 10th EDF National Indicative Programme set aside an indicative amount of EUR 40 million in general budgetary support to the Poverty Reduction Strategy process. That project may not be appraised before full resumption of cooperation under the conditions below subject to compliance with the general eligibility conditions required for implementation of programmes of this type.

The indicative amount of this programme is, however, reduced to EUR 25 million with immediate effect. EUR 10 million of the EUR 15 million committed will be kept in reserve for possible election support in the framework of a constitutional solution to the crisis in line with the international community's demands. The remaining EUR 5 million will be kept in reserve in case of serious humanitarian crises resulting from the crisis caused by the coup d'état of 6 August 2008.

By way of exception, the EUR 8 million migration management support programme included in the National Indicative Programme will be implemented before any resumption of cooperation on the basis of the objectives and priorities to be set.

- As soon as all parties to the conflict accept a solution to end the crisis consistent with the essential elements proposed by the international community, in particular the establishment in the context of inclusive and open political dialogue of an electoral framework for the holding of free, transparent and representative elections, the following projects will be unblocked:

- Nouadhibou ore port. Negotiation and signing of the contract for renovation of the port in so far as this is allowed by the rules in force and the results of the tender. If the contract is not signed by March 2009 at the latest, the EDF contribution to the works (EUR 45 million) will no longer be available to Mauritania;

- reprogramming of a project to clear the port of Nouadhibou of wrecks following the transfer to the 10th EDF from 31/12/2008 of the STABEX funds earmarked for that purpose (EUR 23 million). But for the coup d'état, a contract for the project would have been signed before the end of 2008;

- launch of previously suspended local calls for proposal for the benefit of local authorities.

- A further resumption of cooperation will be effected following the actual and irreversible implementation of the abovementioned solution to end the crisis (appointment of a new consensual government of transition, adoption of a consensual roadmap, and step-down from power by the military). This may include:

- support for new presidential or general elections;

- continued implementation of the justice support programme;

- implementation of the EU institution-building programme for local authorities and their services;

- implementation of all projects and programmes signed or planned under the 8th and 9th EDFs but not yet contracted out.

- Mauritania's full return to constitutional order will enable all the restrictions listed above to be lifted in accordance with the last paragraph of Article 96(2)(a) of the revised Cotonou Agreement. That situation will pertain when a legitimately elected Head of State and legitimately elected Parliament are in place and the Constitution is restored. That will allow the 10th EDF indicative programme (EUR 156 million) to be implemented in full, taking account of the possible need to revise the programme in view of the negative social, economic and political impacts of the coup d'état of 6 August 2008.

The European Union will continue to monitor the situation in Mauritania closely and may support the introduction of a consensual political solution to the crisis if it is based on the abovementioned essential elements in accordance with the demands of the international community. The European Union reserves the right to review and revise the above measures in the light of developments in the situation in Mauritania.

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

Done at Brussels,

For the Commission | For the Council |

[1] OJ L 317, 15.12.2000, p. 3.

[2] OJ L 287, 28.10.2005, p. 4.

[3] OJ L 317, 15.12.2000, p. 376, as amended by the internal agreement of 10 April 2006, OJ L 247, 9.9.2006, p. 48.