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
Date: 2005-01-27
Institutions: European Commission
Subjects: ACP-EU Convention, Zimbabwe, freedom of expression, human rights, political violence, rule of law

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 27.01.2005 
COM(2005) 18 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) 

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EXPLANATORY MEMORANDUM 

On  18  February  2002,  the  Council  of  the  European  Union  decided  to  take 
“appropriate  measures”  against  Zimbabwe1  following  the  conclusion  of  the 
consultations  held  under  Article  96  of  the  ACP-EC  Partnership  Agreement2
.  These 
measures included the suspension of financing of budgetary support and support for 
projects, as well as the suspension of the signature of the 9th EDF National Indicative 
Programme,  but  explicitly  did  not  affect  the  contributions  to  operations  of  a 
humanitarian  nature  and  projects  in  direct  support  to  the  population,  in  particular 
those in social sectors, democratisation, respect for human rights and the rule of law. 
They  also  included  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. 

The stated reason for introducing these measures was the serious violations of human 
rights  and  of  the  freedom  of  opinion,  of  association  and  of  peaceful  assembly.  A 
more immediate reason was the attempts by the Zimbabwean government to prevent 
free and fair elections, notably by refusing access for international election observers 
and for the media. 

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  which  ensure  respect  for  human  rights, 
democratic principles and the rule of law. 

On two occasions, on 18 February 20033 and 19 February 20044, 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  two  additional 
periods of 12 months until 20 February 2004 and 20 February 2005, respectively, the 
appropriate measures against Zimbabwe. 

Since February 2004 there has been no 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  above 
mentioned  five  core  issues,  as  convergence  points  for  a  constructive  dialogue  as 
concrete  steps  for  measuring  progress.  On  the  contrary,  the  current  situation  in 

Cf. Council Decision 2002/148/EC (OJCE L50/64 of 21.02.2002. Furthermore (see GAC Conclusions 
of 18 February 2002) the Council adopted as well targeted CFSP sanctions (Council Common Position 
2002/145/CFSP  and  Council  Regulation  (EC)  N°310/2002  concerning  certain  restrictive  measures  in 
respect of Zimbabwe; OJCE L50/1-12). 
Art. 96 consultations were open 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). 
OJEU, L46 of 20.02.2003, page 25. 
OJEU, L50 of 20.02.2004, page 60. 

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2. 

3. 

4. 

5. 

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Zimbabwe  continues  being  a  matter  of  great  concern  and  several  reports  from  the 
Heads of Missions5 in Harare have provided detailed information on the unchanged 
situation and even deterioration in some fields.  

The expiration of the current period of application intervenes only one month before 
the  upcoming  Parliamentary  elections6.  This  fact  would  justify  postponing  the 
adoption  of  any  EU  position  on  the  substance  until  after  the  elections.  This  would 
allow time for the EU position to be reviewed based on an in-depth assessment of the 
situation in the aftermath of the elections and, if conditions require, leading to the re-
opening of consultations with the Government of Zimbabwe. 

In view of the absence of progress and commitments on the part of the government 
of  the  Republic  of  Zimbabwe,  a  prorogation  of  a  further  twelve  months  would  be 
justified,  as  in  the  two  previous  reviews  in  2003  and  2004.  In  view  of  the 
Parliamentary elections  it  is,  however,  proposed that the application of the Council 
Decision  be  extended  for  a  further  period  ending  the  31  July  2005.  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  the  Republic  of  Zimbabwe  under  Art.  96  of  the  ACP-EU 
Partnership Agreement. 

The decision is to be kept under constant review and the measures should be revoked 
once conditions prevail which ensure respect for human rights, democratic principles 
and the rule of law.  

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Cf. HOMs report of 25.05.2004 on the humanitarian situation, HOMs report of 25.05.2004 on elections 
in Zimbabwe, HOMs report of 03.09.2004 on the position to be adopted by the EU in light of upcoming 
events in Zimbabwe and HOMs report of 02.12.04 on Zimbabwe NGO Bill. 
The  Parliamentary  elections  have  been  scheduled  for  March  2005  but  they  have  not  been  officially 
called yet. 

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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  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 20007,  as  put  into  provisional  application  by  Decision  2000/771/EC  of  the 
Representatives  of  the  Governments  of  the  Member  States  of  18  September  20008,  and  in 
particular Article 3 thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

By  Council  Decision  2002/148/EC9,  the  consultations  with  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. 

By Decision 2004/157/EC10, 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/EC11,  has  been  extended  for  a  further  period  of  12  months.  In 
accordance with Article 1 of Decision 2004/157/EC, the measures shall cease to apply 
on 20 February 2005. 

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 therefore be extended. 

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OJ L 317, 15.12.2000, p. 376. 
OJ L 317, 15.12.2000, p. 375 
OJ L 50, 21.2.2002, p. 64. 
OJ L 50, 20.2.2004, p. 60. 
OJ L 46, 20.2.2003, p. 25. 

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HAS DECIDED AS FOLLOWS:  

Article 1 

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 and until 20 February 
2005 by Article 1 of Decision 2004/157/EC, shall be extended until 31 July 2005. They shall 
be kept under constant review. 

The  letter  appearing  in  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 Communities. 

Done at Brussels,  

For the Council 
The President 

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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 and 19 February 2004, the European Union informed you of 
its  decisions  not  to  revoke  the  application  of  the  ‘appropriate  measures’  and  to  extend  the 
period of application until 20 February 2004 and 20 February 2005 respectively.  

Today, after 12 months, 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 occupations). 

In the light of the above, the European Union does not consider that the appropriate measures 
can be revoked and it has decided to extend the period of its application until after the holding 
of the Parliamentary elections in your country foreseen for March 2005.  

The European Union would like to emphasise that it attaches a paramount importance to the 
holding of free and fair Parliamentary elections and, to this effect, it hopes that you and your 
Government  will  do  everything  you  can  to  ensure  that  the  overall  electoral  environment  is 
conducive to the holding of free and fair elections. This would enable to engage in a dialogue 
on  the  basis  of  the  ACP-EC  Partnership  Agreement,  which  could  lead  to  the  lifting  of  the 
suspension  of  the  signing  of  the  9th  EDF  National  Indicative  Programme  for  Zimbabwe 
thereby making possible the resumption of full co-operation instruments in the near future. 

Yours faithfully, 

For the Commission 

For the Council 

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