Proposal for a Council Decision adopting measures in a case of special urgency and amending Council Decision 2002/274/EC
Date: 2003-08-19
Institutions: European Commission
Subjects: EU aid, European Development Fund, Liberia, cooperation agreement (EU), democratisation of education, establishment of peace, human rights

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 19.8.2003
COM(2003) 513 final

Proposal for a

COUNCIL DECISION

adopting measures in a case of special urgency and
amending Council Decision 2002/274/EC

(presented by the Commission)

1.

2.

3.

4.

5.

EXPLANATORY MEMORANDUM

The security situation in Liberia rapidly deteriorated over the last couple of months.
The  rebel  group  “Liberians  United  for  Reconciliation  and  Democracy  (LURD),
active in the North-east of the country since 1999, in July 2003 reached the outskirts
of Monrovia and fierce battle has been going on between the rebels and Government
forces  over  the  control  of  the  city.  The  LURD  rebels  received  support  from  a  new
rebel organisation “The Movement for Democracy in Liberia” (MODEL) that sprung
up  in  the  first  quarter  of  2003  in  the  South-east  of  Liberia.  MODEL  has  also  been
involved in combats for the control of Buchanan port, South-east of Monrovia.

The  fighting  in  Liberia  and  particularly  in  and  around  Monrovia  had  catastrophic
humanitarian  consequences.  An  unknown  number  of  innocent  people  have  died  in
the  battle.  The  population  of  the  city  increased  following  the  arrival  of  tens  of
thousands  of  displaced  persons  and  is  trapped  with  exit  and  supply  routes  cut  off.
Food  is  short  in  supply,  safe  drinking  water  is  not  available  and  with  the  ongoing
tropical rains the risk of a cholera epidemic and other diseases is substantial.

A  ceasefire  agreement  between  the  belligerent  parties  brokered  by  the  Economic
Community  of  West  African  States  (ECOWAS)  during  the  peace  negotiations  in
Accra  and  signed  on  17  June,  was  broken  shortly  after  its  entry  into  force.  The
enforcement of the ceasefire agreement through the deployment of a peace keeping
force  should bring  an end  to the  hostilities  and would allow  relief  agencies  to  start
providing assistance to the population. This would also enhance the possibilities for
reaching agreement on a comprehensive peace package that is still being negotiated
in  Accra  between  Government  of  Liberia,  the  rebels,  civil  society  and  political
parties and that should lead to the forming of a transitional administration.

ECOWAS  offered  the  deployment  of  such  a  force.  In  this  context,  Nigeria  was
prepared to dispatch a vanguard force of 1500 soldiers to Monrovia. Reinforcement
at a later stage should bring the force to 2795 troops. At a date yet to be established,
the  ECOWAS  force  will  be  replaced  by  a  UN  stabilisation  force  in  Liberia  in
accordance with United Nations Security Council resolution 1497. ECOWAS is not
in a position to carry the financial burden of its operation and needs support from the
international community.

The European Union could contribute to the peace process in Liberia from the funds
set  aside  for  Liberia  under  the  European  Development  Fund  including  financial
support to a peacekeeping operation, a demobilisation and reintegration programme,
institution building and restoring efficient democratic structures. The funds could be
made  available  in  the  medium  term.  This  requires  modifying  the  Council  Decision
concluding  consultations  with  Liberia  under  Articles  96  and  97  of  the  ACP-EC
Partnership  Agreement  and  in  particular  the  appropriate  measures  pertaining  to  the
conditions and destination of the 8th EDF allocation for Liberia provided for therein.

6.

The  Commission  proposes  therefore  to  the  Council  to  modify  its  aforementioned
Decision of 25 March 2002 and to adopt the attached decision.

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Proposal for a

COUNCIL DECISION

adopting measures in a case of special urgency and
amending Council Decision 2002/274/EC

THE COUNCIL OF THE EUROPEAN UNION,

Having  regard  to  the  Treaty  establishing  the  European  Community  and  in  particular  the
second subparagraph of Article 300 (2) 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  Agreement1  and,  in  particular,
Article 3 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

Council Decision 2002/274/EC of 25 March 2002 to conclude the consultations with
Liberia under Articles 96 and 97 of the ACP-EC Partnership Agreement provides for
the adoption of the appropriate measures within the meaning of Article 96(2) (c) and
of Article 97(3) of the ACP-EC partnership Agreement;

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

The political and security situation in Liberia have deteriorated dramatically since the
date of adoption of Council Decision 2002/274/EC of 25 March 2002; This situation
constitutes therefore a case of special urgency within the meaning of Article 96 (2) (b)
of the ACP-EC Partnership Agreement;

It is consequently necessary to review the conditions under which funds set aside for
Liberia can be made available in order to allow support to the peace process in Liberia
in  particular  through  a  possible  support  to  peace  keeping  operations,  demobilisation
and reintegration programme, institution building and restoring democratic structures.

1 OJ L 317, 15.12.2000, p. 376.

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HAS DECIDED AS FOLLOWS:

Article 1

The  measures  referred  to  in  Article  2  of  Council  Decision  2002/274/EC  of  25  march  2002
shall  be  replaced  by  the  measures  specified  in  the  annexed  draft  letter  addressed  to  the
Minister  of  Foreign  Affairs  of  Liberia.  These  measures  shall  expire  on  31  December  2004.
This  date  does  not  preclude  any  specific  expiry  date  contained  in  the  financial  instruments
covered by this decision.

Article 2

Decision 2002/274/EC is amended as follows :

The second sentence of Article 2 is replaced by the following :

These measures shall expire on 31 December 2004. This date does not preclude any specific
expiry date contained in the financial instruments covered by this decision.

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

Article 3

Article 4

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

Done at Brussels,

For the Council
The President

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ANNEX

DRAFT LETTER TO THE MINISTER OF FOREIGN AFFAIRS

H.E. Mr Monie CAPTAN

Minister of Foreign Affairs

Liberia

Dear Minister,

The  European  Union  is  deeply  concerned  about  the  prevailing  security  situation  in  your
country and wishes to assist in returning peace and stability. It has therefore the intention to
provide  financial  support  to  a  peacekeeping  operation  in  Liberia.  The  European  Union  also
wishes  to  make  funds  available  for  other  measures  to  accompany  the  peace  process  once  a
comprehensive peace agreement has been reached and signed.

The  Community  has  therefore  decided  to  replace  the  measures  within  the  meaning  of
Article 96(2)(c) and of Article 97(3) as outlined in the European Union letter n° SGS27 2745
of 27th March 2002 with the following new measures based on the same articles as regards
the implementation of its aid:

–  Regular  follow-up  will  be  ensured  by  means  of  a  close  political  dialogue  involving  the
Presidency  of  the  European  Union  and  the  European  Commission,  and  six-monthly
political reviews,

–  Implementation  of  current  projects  funded  under  Article  72  of  the  ACP-EC  Partnership
Agreement, amounting at the moment to EUR 25 million and intended to meet the needs of
displaced persons, will be continued,

–  Contributions to regional projects, operations of a humanitarian  nature,  trade cooperation

and trade-related preferences are not affected,

–  Institution  support  to  allow  for  the  implementation  of  the  measures  aimed  at  fulfilling

undertakings given within the consultations can be provided,

–  Chapter 1 of Annex 4 to the ACP-EC Partnership Agreement is suspended. The balances
remaining  for  Liberia  from  the  8th  EDF  shall  be  available  forthwith  for  implementation.
The funds shall cover support to the peace process in Liberia that could include support to
a  peace  keeping  operation  in  Liberia,  a  demobilisation  and  reintegration  programme,
institution building and restoring efficient democratic structures.

–  This suspension will end and notification of the 9th EDF  allocation will be made once a

comprehensive peace agreement has been reached and has been signed by all parties.

–  The Commission will continue to exercise  the  function  of national  authorising officer on
behalf of the latter for the implementation of the balances remaining from the 8th EDF as
provided for in paragraph (5).

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The European Union will continue to follow closely the situation in Liberia. We propose that
our  intensive  political  dialogue  should  continue,  on  the  basis  of  Article  8  of  the  ACP-EC
Partnership Agreement.

Yours faithfully,

For the Commission

For the Council

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