2002/148/EC: Council Decision of 18 February 2002 concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement
Date: 2002-02-18
Institutions: Council of the European Union
Subjects: ACP-EU Convention, Zimbabwe, freedom of expression, human rights, political violence, rule of law

L 50/64

EN

Official Journal of the European Communities

21.2.2002

COUNCIL DECISION

of 18 February 2002

concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement

(2002/148/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the Internal Agreement 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 (1), as put into provisional application by Decision
of the Representatives of the Governments of the Member
States of 18 September 2000, and in particular Article 3
thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

The essential elements cited in Article 9 of the ACP-EC
Partnership Agreement have been violated by the
Government of Zimbabwe.

Consultations under Article 96 of the ACP-EC Partner-
ship Agreement were held on 11 January 2002 with
Zimbabwe,
at which the Zimbabwean authorities
explained their point of view and made specific commit-
ments
regards ending
violence, the holding of free and fair presidential elec-
tions on 9 and 10 March 2002, in particular allowing
access for international election observers and for the
media.

insufficient as

that are still

Recent events in Zimbabwe's political development have
been taken into consideration, as well as the fact that
certain important measures concerning the essential
elements of the ACP-EC Partnership Agreement have still
not been adequately implemented. Restrictive legislation
which has been recently adopted and the escalation of
violence and intimidation of political opponents seri-

ously undermine the freedom of expression, of associa-
tion and of peaceful assembly in Zimbabwe,

HAS DECIDED AS FOLLOWS:

Article 1

Consultations with the Republic of Zimbabwe under Article
96(2)(c) of
the ACP-EC Partnership Agreement are hereby
concluded.

Article 2

The measures specified in the annexed letter are hereby
adopted as appropriate measures within the meaning of Article
96(2)(c) of the ACP-EC Partnership Agreement.

These measures shall be revoked once conditions prevail which
ensure respect for human rights, democratic principles and the
rule of law.

These measures shall apply for a period of twelve months.
They shall be reviewed within six months.

Article 3

This Decision shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

Done at Brussels, 18 February 2002.

For the Council

The President

J. PIQUÉ I CAMPS

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

21.2.2002

EN

Official Journal of the European Communities

L 50/65

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.

Thus, the European Union on 29 October 2001 expressed its deep concern at the situation in Zimbabwe
and decided to invite the authorities of Zimbabwe to hold consultations, with a view to assessing the
situation in detail and remedying it.

During these consultations, which took place in Brussels on 11 January 2002, the European Union
reiterated its serious concern as regards politically motivated violence, freedom of the media, independence
of the judiciary, end of illegal farm occupations and free and fair elections, and considered that significant
progress remains to be achieved in these areas.

The European Union was confident that free and fair presidential elections in March 2002 would put the
country on the path of democracy, social peace and economic recovery in Zimbabwe. However, it notes
that these expectations have not been fulfilled. Minimum internationally agreed conditions for free and fair
elections are not being met.

In the light of the above, the European Union has decided to conclude the consultations held under Article
96 of the ACP-EC Partnership Agreement. The Union has decided to take the following appropriate
measures, within the meaning of Article 96(2)(c) of that Agreement:

(a) The financing of budgetary support under Zimbabwe's 7th and 8th EDF National

Indicative

Programmes (NIP) is suspended.

(b) Financial support for all projects is suspended except those in direct support of the population, in

particular in the social sectors.

(c) Financing shall be reoriented in direct support of the population, in particular in the social sectors,

democratisation, respect for human rights and the rule of law.

(d) The signature of the 9th EDF NIP is suspended.

(e) Article 12 of Annex 2 to the ACP-EC Partnership Agreement is suspended in so far as required for the
application of restrictive measures adopted on the basis of the Treaty establishing the European
Community.

(f) Contributions to operations of a humanitarian nature will not be affected.

(g) Regional projects will be evaluated on a case by case basis.

These measures will be revoked once conditions prevail which ensure respect for human rights, democratic
principles and the rule of law.

The European Union reserves the right to take additional restrictive measures.

The European Union will closely follow developments in Zimbabwe and would once again like to
emphasise its desire to pursue the dialogue with Zimbabwe, on the basis of the ACP-EC Partnership
Agreement.

Yours faithfully,

For the Commission

For the Council