Proposal for a Council Decision modifying Council Decision 2003/631/EC of 25 August 2003 adopting measures concerning Liberia under Article 96 of the ACP-EC partnership Agreement in a case of special urgency
Date: 2004-12-10
Institutions: European Commission
Subjects: Liberia, agreement (EU), cooperation policy, democratisation, establishment of peace, human rights, the EU's international role

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 10.12.2004 
COM(2004) 806 final 

. 

Proposal for a 

COUNCIL DECISION 

modifying Council Decision 2003/631/EC of 25 August 2003 adopting measures 
concerning Liberia under Article 96 of the ACP-EC partnership Agreement in 
a case of special urgency  

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(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

A  comprehensive  peace  agreement  signed  between  the  former  Government  of 
Liberia, two rebel factions, civil society and political parties in Accra in August 2003 
effectively  ended  15  years  of  civil  war  in  Liberia  and  led  to  the  forming  of  a 
transitional administration. The mandate of the transitional administration is to return 
security to the country with the assistance of the United Nations Mission in Liberia, 
to  rehabilitate  the  economy,  to  reinstate  social  infrastructure  and  to  prepare  the 
ground for democratic legislative and presidential elections in October 2005  

The  European  Union  decided  to  contribute  to  the  peace  and  transition  process  in 
Liberia  and  with  Council  Decision  2003/631/EC  “Adopting  measures  concerning 
Liberia under Article 96 of the EC-ACP partnership Agreement in a case of special 
urgency”, funds were made available and conditions under which the funds could be 
used were defined. The decision stipulated that regular follow up will be ensured by 
means  of  an  intensive  political  dialogue  and  six-monthly  political  reviews.  This 
dialogue should be based on the outcome of the consultations held under articles 96 
of the EC-ACP Partnership Agreement as set out in Council Decision 2002/274/EC. 
The  decision  furthermore  provided  that  the  measures  shall  expire  on  31  December 
2004. 

Current reviews of the political situation in Liberia demonstrate that a year from the 
date  of  taking  office  by  the  transitional  administration,  the  security  situation  has 
improved following the deployment of UNMIL forces and the implementation of the 
disarmament  and  demobilisation  process.  Serious  concerns  remain,  however,  over 
the  management  of  public  finances  by  the  transitional  administration  and  the  State 
owned  enterprises  and  over  the  increasing  level  of  corruption.  Furthermore,  the 
Government Commissions created under the Comprehensive Peace Agreement have 
to  date  shown  insufficient  progress  in  the  implementation  of  their  mandates  to 
improve  governance  and  accountability.  Further  steps  in  addressing  human  rights 
issues are also required. 

Given  the  insufficient  political  progress  to  date,  the  lifting  of  the  appropriate 
measures  is  not  justified  and  the  intensive  political  dialogue  with  the  transitional 
government with a view to improve respect for human rights, democracy, rule of law 
and  good  governance should be  further  pursued until after a democratically elected 
and  accountable  President  and  government  have  been  installed.  For  this  reason  the 
Commission  considers  that  Council  Decision  2003/631/EC  of  25  August  2003 
should be extended for a period of eighteen months. 

The Commission proposes therefore to the Council to modify its aforementioned decision and 
to adopt the attached decision. 

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Proposal for a 

COUNCIL DECISION 

modifying Council Decision 2003/631/EC of 25 August 2003 adopting measures 
concerning Liberia under Article 96 of the ACP-EC partnership Agreement in 
a case of special urgency  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the ACP-EC Partnership Agreement entered into force the first April 2003 
and in particular Article 96, 

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,2 

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; 

Council  Decision  2003/631/EC  of  25  August  2003  adopting  measures  concerning 
Liberia  under  Article  96  of  the  EC-ACP  partnership  Agreement  in  a  case  of  special 
urgency provides for the adoption of new appropriate measures within the meaning of 
Article 96(2) (c) and of Article 97(3) of the ACP-EC partnership Agreement; 

The current conditions in Liberia do not yet ensure respect for democratic principles, 
governance and the rule of law; 

It is consequently necessary to extend the validity period of the measures provided for 
in Council Decision 2003/631/EC and to continue the intensive political dialogue with 
the Government of Liberia.  

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2 

OJ L 317, 15.12.2000, p. 376. 
OJ C […] […], p. […] 

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HAS DECIDED AS FOLLOWS: 

Article 1 

The  measures  referred  to  in  Article  1  of  Council  Decision  2003/631/EC of 25 August  2003 
shall expire on 30 June 2006. This date does not preclude any specific expiry date contained 
in the financial instruments covered by this decision. 

The  letter  appearing  in  the  Annex  to  this  Decision  shall  be  addressed  to  the  Minister  of 
Foreign Affairs of Liberia. 

The  outcome  of  the  consultations  as  set  out  in  the  draft  letter  annexed  to  Decision 
2002/274/EC shall remain unaffected. 

Article 2 

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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DRAFT LETTER TO THE MINISTER OF FOREIGN AFFAIRS OF LIBERIA 

ANNEX  

H.E. Mr Thomas Nimely Yaya 
Minister of Foreign Affairs  
Monrovia 
Liberia 

Dear Minister, 

With  its  letter  No  SGS3/7429  of  27  August  2003,  the  European  Union  informed  the 
government of Liberia of its intentions to accompany the Liberian peace process on the basis 
of  the  Comprehensive  Peace  Agreement.  The  letter  also  stipulated  that  the  European  Union 
would  closely  follow  the  political  development  and  transitional  reform  in  your  country  and 
continue the intensive political dialogue on the basis of Article 8 of the ACP-EC Partnership 
Agreement  and  the  outcome  of  the  consultations  as  set  out  in  our  letter  No SGS 272745  of 
27 March 2002. 

More  than  a  year  has  passed  since  the  National  Transitional  Government  of  Liberia  took 
office following the signing of the Accra Comprehensive Peace Agreement in August 2003. It 
is  now  time  to  take  stock  of  progress  in  the  implementation  of  the  comprehensive  peace 
agreement and the undertakings that resulted from the aforementioned consultations. 

The European Union is pleased to note at this juncture that security and calm have returned to 
the  country  and  that  some  initial  steps  to  introduce  democratic  change  and  to  reform  the 
functioning  of  the  public  sector  have  been  made.  Serious  concerns  remain,  however,  over 
public finance and macro-economic management by the National Transitional Government of 
Liberia  and  the  state  owned  enterprises,  and  over  the  increasing  level  of  corruption. 
Furthermore,  the  commissions  created  under  the  Comprehensive  Peace  Agreement  have  to 
date  shown  insufficient  progress  in  the  implementation  of  their  mandates  to  improve 
governance  and  accountability.  Further  steps  in  addressing  human  rights  issues  are  also 
required.  

In  the  light  of  the  above,  the  European  Union  considers  that  the  National  Transitional 
Government  of  Liberia  is  not  fully  functional  and  operational  and  the  appropriate  measures 
can therefore not yet be completely revoked. This will be done once a democratically elected 
and accountable President and government have been installed.  

For  this  reason,  the  European  Union  has  decided  that  Council  Decision  2003/631/EC  of  25 
August  2003  shall  be  extended  for  a  period  of  eighteen  months.  During  this  period  our 
intensive  political  dialogue  should  continue,  on  the  basis  of  Article  8  of  the  ACP-EC 
Partnership Agreement and on the basis of the outcome of the consultations as set out in our 
letter  No SGS 272745  of  27 March 2002,  with  a  view  to  continue  improving  respect  for 
human rights, democracy, rule of law, and good governance. The dialogue shall involve the 
Presidency  of  the  European  Union  and  the  European  Commission  and  include  six-monthly 
political reviews.  

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Meanwhile,  on  the  basis  of  the  appropriate  measures  defined  in  Council  Decision 
2003/631/EC  of  25  August  2003,  support  for  the  peace  process  and  the  Results  Focused 
Transitional Framework shall continue. 

Yours faithfully, 

For the Commission 

For the Council 

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