2004/157/EC: Council Decision of 19 February 2004 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
Date: 2004-02-19
Institutions: Council of the European Union
Subjects: Zimbabwe, cooperation agreement (EU), freedom of expression, human rights, political violence, rule of law

L 50/60

EN

Official Journal of the European Union

20.2.2004

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 19 February 2004

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

(2004/157/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 300(2), second subparagraph
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
2000/771/EC of the Representatives of the Governments of the
Member States of 18 September 2000 (2), and in particular
Article 3 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

By Council Decision 2002/148/EC (3), the consultations
with the Republic of Zimbabwe pursuant
to 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.

the application of

By Decision 2003/112/EC,
the
measures referred to in Article 2 of Decision 2002/148/
EC has been extended for a further period of 12 months.
In accordance with Article 1 of Decision 2003/112/EC,
the measures shall cease to apply on 20 February 2004.

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.

(4)

The period of application of the measures should there-
fore be extended,

HAS DECIDED AS FOLLOWS:

Article 1

The application of the measures referred to in Article 2 of Deci-
sion 2002/148/EC, which were extended until 20 February
2004 by Article 1 of Decision 2003/112/EC, shall be extended
for a further period of 12 months, until 20 February 2005.
They shall be reviewed regularly and at least within six months.

The letter appearing in the Annex to this Decision shall be
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 Brussels, 19 February 2004.

For the Council

The President

M. McDOWELL

(1) OJ L 317, 15.12.2000, p. 376.
(2) OJ L 317, 15.12.2000, p. 375.
(3) OJ L 50, 21.2.2002, p. 64. Decision amended by Decision 2003/

112/EC (OJ L 46, 20.2.2003, p. 25).

20.2.2004

EN

Official Journal of the European Union

L 50/61

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 Agree-
ment. 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 letter of 19 February 2003, the European Union informed you of its decision not to revoke the application of the
‘appropriate measures’.

Today, after a further 12-month period, the European Union considers that democratic principles are still not upheld in
Zimbabwe and that no progress has been achieved by the Government of Zimbabwe in the five fields addressed by the
18 February 2002 Council Decision (end of politically motivated violence, free and fair elections, freedom of the media,
independence of the judiciary, end of illegal farm occupations). Furthermore, the European Union notes that the Govern-
ment of Zimbabwe has not taken any positive steps along the lines of the measures, considered as benchmarks to assess
progress, which the European Union communicated to the SADC on the occasion of the last two SADC/EU Committee
meetings.

In the light of the above, the European Union does not consider that the appropriate measures can be revoked.

The measures will only 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 that these
measures do not penalise the Zimbabwean people and will continue with its contribution to operations of a humani-
tarian nature and projects in direct support of the population, in particular those in social sectors, democratisation,
respect for human rights and the rule of law, which are not affected by these measures. For the season 2003-2004 the
European Community contribution to food and humanitarian aid operations in Zimbabwe has amounted to EUR 85
million in addition to bilateral assistance provided by the Member States of the European Union.

The European Union desires to pursue the dialogue with Zimbabwe, on the basis of the ACP-EC Partnership Agreement,
and hopes that you will do everything you can to restore respect for the essential principles of the Partnership Agree-
ment and to put the country on the path of social peace and economic recovery. This would permit the lifting of the
suspension of the signing of the 9th EDF National Indicative Programme for Zimbabwe, thereby making possible the
resumption of full cooperation instruments in the near future.

Yours faithfully,

For the Commission

For the Council