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: 2006-01-26
Institutions: European Commission
Subjects: ACP-EU Convention, Zimbabwe, freedom of expression, human rights, political violence, rule of law

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.1.2006 
COM(2006) 24 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”1  against  Zimbabwe  following  the  conclusion  of  the 
consultations  held  under  Article  96  of  the  ACP-EC  Partnership  Agreement.2  These 
measures  notably  include  the  suspension  of  financing  of  budgetary  support  and 
support  for  projects,  plus  suspension  of  the  signing  of  the  9th  EDF  National 
Indicative  Programme,  but  explicitly  did  not  affect  contributions  to  operations  of  a 
humanitarian nature or projects in direct support to the local population, in particular 
projects  in  social  sectors,  democratisation,  respect  for  human  rights  and  the  rule  of 
law.  They  also  include  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. 

These measures were introduced explicitly in response to serious violations of human 
rights  and  of  the  freedom  of  opinion,  of  association  and  of  peaceful  assembly,  in 
particular as an immediate response to 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  in  Zimbabwe  which  ensure  respect  for 
human rights, democratic principles and the rule of law. 

three  occasions,  on  18  February  2003,3  19  February  20044  and 
On 
17 February 2005,5  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  an  additional  period  of  12  months,  most  recently  until 
20 February 2006, the appropriate measures against Zimbabwe. 

Since February 2005 there has not been any 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  five  core 

Cf. Council Decision 2002/148/EC (OJ L 50, 21.02.2002, p. 64. Furthermore (see GAC Conclusions of 
18  February  2002)  the  Council  has  adopted  targeted  CFSP  sanctions  (Council  Common  Position 
2002/145/CFSP and Council Regulation (EC) No 310/2002 concerning certain restrictive measures in 
respect of Zimbabwe; OJ L 50, p. 1-12). 
Article  96  consultations  were  opened  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). 
OJ L 46, 20.02.2003, p. 25. 
OJ L 50, 20.02.2004, p. 60. 
OJ L 48, 19.02.2005, p. 28. 

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issues mentioned above, which could be used as convergence points for constructive 
dialogue  and  concrete  steps  for  measuring  progress.  On  the  contrary,  the  current 
situation in Zimbabwe continues to be a matter of concern and several reports from 
the Heads of Missions6 in Harare have commented on existing problems over recent 
months.  

Given  this  absence  of  progress  and  the  lack  of  any  clear  commitment  from  the 
Zimbabwean  government,  an  extension  for  a  further  period  of  12  months  appears 
justified,  as  was  the  case  with  the  previous  revisions.  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 Zimbabwe under Article 96 of the ACP-EU Partnership Agreement. 

The decision is to be kept under constant review and the appropriate measures will 
not  be  revoked  until  conditions  prevail  which  ensure  respect  for  human  rights, 
democratic principles and the rule of law. 

However, given that the post 9th EDF programming period is to be launched in 2006, 
it  would  be  useful  to  underline  the  importance  of  this  exercise  for  future  relations 
between  Zimbabwe  and  the  EC.  In  this  context,  opening  dialogue  on  Zimbabwe’s 
future development strategy might facilitate the relaunching of this cooperation once 
conditions are ripe. 

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Cf.  HOMs’  reports  of  2005  assessing  the  situation  before  and  after  the  elections,  the  review  of  the 
benchmarking issue, the food situation, the NGO Bill and the fact sheet on human rights. 

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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  Agreement7  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 2000,8 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 the Republic of 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 2005/139/EC,10 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,11 and which were extended until 20 February 2005 by Article 
1 of Decision 2004/157/EC,12 has been extended for a further period of 12 months. In 
accordance with Article 1 of Decision 2005/139/EC, the measures shall cease to apply 
on 20 February 2006. 

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. 3. 
OJ L 50, 21.02.2002, p. 64. 
OJ L 48, 19.02.2005, p. 28. 
OJ L 46, 20.02.2003, p. 25. 
OJ L 50, 20.02.2004, p. 60. 

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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 was 
extended  until  20  February  2004  by  Article  1  of  Decision  2003/112/EC,  until 
20 February 2005  by  Article  1  of  Decision  2004/157/EC,  and  until  20  February  2006  by 
Article 1 of Decision 2005/139/EC, shall be extended until 20 February 2007. The measures 
shall be kept under constant review. 

The letter in Annex to this Decision is 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 

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, 19 February 2004 and 18 February 2005, the European Union 
informed you of its decision not to revoke the application of the ‘appropriate measures’ and to 
extend  the  period  of  application  until  20  February  2004,  20  February  2005  and 
20 February 2006 respectively.  

Twelve  months  later  your  country’s  Government,  in  the  view  of  the  European  Union,  has 
made  no  significant  progress  in  the  five  areas  referred  to  in  the  Council  Decision  of 
18 February 2002. 

In the light of the above, the European Union does not consider that the appropriate measures 
can be revoked, and has decided to extend their period of application until 20 February 2007. 
The  European  Union  will  closely  follow  developments  in  Zimbabwe  and  would  once  again 
like to emphasise that it does not wish to penalise the Zimbabwean people and will continue 
with its contribution to operations of a humanitarian nature and projects in direct support of 
the  local  population,  in  particular  projects  in  social  sectors,  democratisation,  respect  for 
human rights and the rule of law, which are not affected by these measures. 

The European Union wishes to recall that the application of appropriate measures within the 
meaning  of  Article  96  of  the  ACP-EC  Partnership  Agreement  is  no  obstacle  to  political 
dialogue as defined in the provisions of Article 8 of that same Agreement. With this in mind, 
the European Union wishes to underline the particular importance that it attaches to the post-
9th EDF programming period and EC-Zimbabwe cooperation after 2008, and considers that 
the process opens the possibility of dialogue between the two partners. 

To this end, the European Union hopes that you and your Government will do everything in 
your  power  to  restore  respect  for  the  fundamental  principles  enshrined  in  the  Partnership 
Agreement, and thereby enable the restoration of cooperation as soon as conditions allow.  

Yours faithfully, 

For the Commission 

For the Council 

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