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Brussels, 26.1.2006

COM(2006) 24 final

Proposal for a

COUNCIL DECISION

extending the period of application of the measures in Decision 2002/148/EC concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. On 18 February 2002, the Council of the European Union decided to take “appropriate measures”[1] against Zimbabwe following the conclusion of the consultations held under Article 96 of the ACP-EC Partnership Agreement.[2] These measures notably include the suspension of financing of budgetary support and support for projects, plus suspension of the signing of the 9th EDF National Indicative Programme, but explicitly did not affect contributions to operations of a humanitarian nature or projects in direct support to the local population, in particular projects in social sectors, democratisation, respect for human rights and the rule of law. They also include the suspension of Article 12 of Annex 2 to the ACP-EU Partnership Agreement concerning current payments and capital movements, in so far as required for the application of further restrictive measures, and in particular the freezing of funds.

2. These measures were introduced explicitly in response to serious violations of human rights and of the freedom of opinion, of association and of peaceful assembly, in particular as an immediate response to attempts by the Zimbabwean government to prevent free and fair elections, notably by refusing access for international election observers and for the media.

3. According to Article 2(3) of the Decision of 18 February 2002, the measures shall apply for a period of twelve months. According to the same provision, the measures will be revoked once conditions prevail in Zimbabwe which ensure respect for human rights, democratic principles and the rule of law.

4. On three occasions, on 18 February 2003,[3] 19 February 2004[4] and 17 February 2005,[5] the Council, taking into account that the essential elements referred to in Article 9 of the ACP-EC Partnership Agreement continued to be violated by the Government of Zimbabwe and that the conditions in this country did not ensure respect for human rights, democratic principles and the rule of law, decided to extend for an additional period of 12 months, most recently until 20 February 2006, the appropriate measures against Zimbabwe.

5. Since February 2005 there has not been any progress on the five issues identified by the Article 96 consultations and no commitments from the Government of Zimbabwe to remedy to the situation or willingness to accept “benchmarks” on the five core issues mentioned above, which could be used as convergence points for constructive dialogue and concrete steps for measuring progress. On the contrary, the current situation in Zimbabwe continues to be a matter of concern and several reports from the Heads of Missions[6] in Harare have commented on existing problems over recent months.

6. Given this absence of progress and the lack of any clear commitment from the Zimbabwean government, an extension for a further period of 12 months appears justified, as was the case with the previous revisions. Given that the proposed decision concerns only an extension in time of the existing appropriate measures without any modification of the substance, it is not necessary to reopen consultations with Zimbabwe under Article 96 of the ACP-EU Partnership Agreement.

7. The decision is to be kept under constant review and the appropriate measures will not be revoked until conditions prevail which ensure respect for human rights, democratic principles and the rule of law.

8. However, given that the post 9th EDF programming period is to be launched in 2006, it would be useful to underline the importance of this exercise for future relations between Zimbabwe and the EC. In this context, opening dialogue on Zimbabwe’s future development strategy might facilitate the relaunching of this cooperation once conditions are ripe.

Proposal for a

COUNCIL DECISION

extending the period of application of the measures in Decision 2002/148/EC concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 300(2), second subparagraph thereof,

Having regard to the Internal Agreement[7] on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000,[8] and in particular Article 3 thereof,

Having regard to the proposal from the Commission,

Whereas:

9. By Council Decision 2002/148/EC[9], the consultations with the Republic of Zimbabwe under Article 96(2)(c) of the ACP-EC Partnership Agreement were closed and appropriate measures, as specified in the Annex to that decision, were taken.

10. By Decision 2005/139/EC,[10] the application of the measures referred to in Article 2 of Decision 2002/148/EC, which were extended until 20 February 2004 by Article 1 of Decision 2003/112/EC,[11] and which were extended until 20 February 2005 by Article 1 of Decision 2004/157/EC,[12] has been extended for a further period of 12 months. In accordance with Article 1 of Decision 2005/139/EC, the measures shall cease to apply on 20 February 2006.

11. The essential elements cited in Article 9 of the ACP-EC Partnership Agreement continue to be violated by the Government of Zimbabwe and the current conditions in Zimbabwe do not ensure respect for human rights, democratic principles and the rule of law.

12. The period of application of the measures should therefore be extended,

HAS DECIDED AS FOLLOWS:

Article 1

The application of the measures referred to in Article 2 of Decision 2002/148/EC, which was extended until 20 February 2004 by Article 1 of Decision 2003/112/EC, until 20 February 2005 by Article 1 of Decision 2004/157/EC, and until 20 February 2006 by Article 1 of Decision 2005/139/EC, shall be extended until 20 February 2007. The measures shall be kept under constant review.

The letter in Annex to this Decision is addressed to the President of Zimbabwe.

Article 2

This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

Done at

For the Council

The President

ANNEX

Brussels,

LETTER TO THE PRESIDENT OF ZIMBABWE

The European Union attaches the utmost importance to the provisions of Article 9 of the ACP-EC Partnership Agreement. As essential elements of the Partnership Agreement, respect for human rights, democratic institutions and the rule of law are the basis of our relations.

By letter of 19 February 2002, the European Union informed you of its decision to conclude the consultations held under Article 96 of the ACP-EC Partnership Agreement and to take certain ‘appropriate measures’ within the meaning of Article 96(2)(c) of that Agreement.

By letters of 19 February 2003, 19 February 2004 and 18 February 2005, the European Union informed you of its decision not to revoke the application of the ‘appropriate measures’ and to extend the period of application until 20 February 2004, 20 February 2005 and 20 February 2006 respectively.

Twelve months later your country’s Government, in the view of the European Union, has made no significant progress in the five areas referred to in the Council Decision of 18 February 2002.

In the light of the above, the European Union does not consider that the appropriate measures can be revoked, and has decided to extend their period of application until 20 February 2007. The European Union will closely follow developments in Zimbabwe and would once again like to emphasise that it does not wish to penalise the Zimbabwean people and will continue with its contribution to operations of a humanitarian nature and projects in direct support of the local population, in particular projects in social sectors, democratisation, respect for human rights and the rule of law, which are not affected by these measures.

The European Union wishes to recall that the application of appropriate measures within the meaning of Article 96 of the ACP-EC Partnership Agreement is no obstacle to political dialogue as defined in the provisions of Article 8 of that same Agreement. With this in mind, the European Union wishes to underline the particular importance that it attaches to the post-9th EDF programming period and EC-Zimbabwe cooperation after 2008, and considers that the process opens the possibility of dialogue between the two partners.

To this end, the European Union hopes that you and your Government will do everything in your power to restore respect for the fundamental principles enshrined in the Partnership Agreement, and thereby enable the restoration of cooperation as soon as conditions allow.

Yours faithfully,

For the Commission For the Council

[1] Cf. Council Decision 2002/148/EC (OJ L 50, 21.02.2002, p. 64. Furthermore (see GAC Conclusions of 18 February 2002) the Council has adopted targeted CFSP sanctions (Council Common Position 2002/145/CFSP and Council Regulation (EC) No 310/2002 concerning certain restrictive measures in respect of Zimbabwe; OJ L 50, p. 1-12).

[2] Article 96 consultations were opened with a view to agreeing on measures to be taken by the Government of Zimbabwe to remedy the situation, in particular on five issues (end to all official tolerance to political violence; early invitation to international partners to support and observe coming elections and full access to that end; protection of the freedom of mass media; independence of the judiciary and the respect for its decisions; and end to illegal occupation of properties).

[3] OJ L 46, 20.02.2003, p. 25.

[4] OJ L 50, 20.02.2004, p. 60.

[5] OJ L 48, 19.02.2005, p. 28.

[6] Cf. HOMs’ reports of 2005 assessing the situation before and after the elections, the review of the benchmarking issue, the food situation, the NGO Bill and the fact sheet on human rights.

[7] OJ L 317, 15.12.2000, p. 376.

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

[9] OJ L 50, 21.02.2002, p. 64.

[10] OJ L 48, 19.02.2005, p. 28.

[11] OJ L 46, 20.02.2003, p. 25.

[12] OJ L 50, 20.02.2004, p. 60.