2006/470/EC: Council Decision of  29 May 2006  concerning the conclusion of consultations with the Islamic Republic of Mauritania under Article 96 of the revised Cotonou Agreement
Date: 2006-05-29
Institutions: Council of the European Union
Subjects: Cotonou Agreement, Mauritania, cooperation agreement, democratisation, human rights, rule of law

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II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 29 May 2006

concerning the conclusion of consultations with the Islamic Republic of Mauritania under
Article 96 of the revised Cotonou Agreement

(2006/470/EC)

THE COUNCIL OF THE EUROPEAN UNION,

measures concerning essential elements of the ACP-EC
Agreement still have to be implemented,

Having regard to the Treaty
Community,

establishing the European

HAS DECIDED AS FOLLOWS:

Having regard to the ACP-EC Partnership Agreement signed in
Cotonou on 23 June 2000 (1) (hereinafter referred to as the
ACP-EC Agreement), as amended by the Agreement signed in
Luxembourg on 25 June 2005 (2), and in particular Article 96
thereof,

Article 1

Consultations with the Islamic Republic of Mauritania under
Article 96 of the ACP-EC Agreement are hereby concluded.

Article 2

Having regard to the Internal Agreement on measures to be
taken and procedures to be followed for the implementation
of the ACP-EC Agreement (3), and in particular Article 3 thereof,

The measures set out in the annexed letter are hereby adopted
as appropriate measures under Article 96(2)(c) of the ACP-EC
Agreement.

Having regard to the proposal from the Commission,

Article 3

Whereas:

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

(1)

(2)

(3)

The essential elements referred to in Article 9 of the
ACP-EC Agreement have been violated.

This Decision shall expire on 29 November 2007. It shall be
reviewed regularly at least once every six months.

On 30 November 2005, pursuant to Article 96 of the
ACP-EC Agreement, consultations started with the ACP
countries and the Islamic Republic of Mauritania during
which the Mauritanian authorities gave specific under-
takings designed to remedy problems identified by the
European Union and to implement those undertakings
during a period of intensive dialogue lasting 120 days.

Article 4

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

Done at Brussels, 29 May 2006.

the conclusion of

At
this period some substantive
initiatives have been taken in respect of some of the
undertakings referred to above, and other undertakings
important
have been fulfilled. Nevertheless

several

For the Council
The President

M. BARTENSTEIN

(1) OJ L 317, 15.12.2000, p. 3.
(2) OJ L 209, 11.8.2005, p. 27.
(3) OJ L 317, 15.12.2000, p. 376.

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Dear Prime Minister,

ANNEX

The European Union (EU) attaches great importance to the provisions of Article 9 of the revised Cotonou Agreement. The
ACP-EU partnership is founded on respect for human rights, democratic principles and the rule of law; these are essential
elements of the Agreement and thus form the basis for relations between us.

In its statement of 3 August 2005 on the coup in Mauritania, the EU reiterated its condemnation of all attempts to seize
power by force, and called for respect for democracy and a return to constitutional order.

Under Article 96 of the revised Cotonou Agreement, and considering that the coup d’État that took place on 3 August
2005 constituted a violation of certain essential elements listed in that Article, the EU invited Mauritania to consultations
in order, as provided for in the Agreement, to study the situation in depth and, where necessary, take steps to remedy it.

These consultations began in Brussels on 30 November 2005. Mauritania gave a presentation based on a memorandum
dated 24 November 2005 on developments in the country’s situation since the coup of 3 August, and on the authorities’
programme for the transitional period.

For its part, the EU was pleased to note that Mauritania had already confirmed a number of undertakings it had
previously given, and had proposed positive steps regarding their implementation.

As noted below, Mauritania gave 23 specific undertakings at the meeting, in the areas of respect for democratic principles,
fundamental freedoms and rights, the rule of law and good governance. The country also promised to provide the EU
with a report on the implementation of these undertakings by mid-January 2006, to be followed by regular quarterly
reports on developments in the situation.

The report submitted in mid-January allowed the EU to conclude that steady progress had been made. In addition to the
progress already noted at the opening of consultations, a number of changes have been observed, particularly regarding:

— defining the procedures for the administrative survey for electoral purposes, to compile electoral rolls that are reliable

and transparent,

— the adoption by the Council of Ministers of the draft law on Constitutional amendments to be submitted to a

referendum,

— the appointment of new Walis (regional governors) and Hakems (prefects), and a circular sent to local and regional

authorities when they take office about the neutrality of the central and territorial administration,

— the development of a programme to raise awareness of civic issues and instil civic values, and the launch of a civic
awareness campaign attended by the government authorities, the National Independent Electoral Commission, political
parties, civil society organisations and the press,

— the creation of a working party under the Justice Minister to verify the constitutionality of texts on democratic

freedoms and rights, and to make any proposals necessary,

— the establishing by decree and the setting up of a National Consultative Commission for the reform of the press and

the audiovisual sector,

— the organisation of a workshop on the creation of a National Independent Human Rights Commission,

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— circulars sent by the Justice Ministry and the Ministry of the Interior to the prosecution service and the territorial
administration authorities asking them to seek, detect and prosecute any cases that might involve the direct or indirect
exploitation of persons,

— the adoption by the Council of Ministers of draft ordinances authorising accession to the UN Convention against

Corruption, and authorising the ratification of the African Convention against Corruption,

— the creation of a temporary committee to monitor the application of the Extractive Industries Transparency Initiative
(EITI), and the adoption of a draft decree on the creation, organisation and workings of the National EITI Committee.

The initiatives introduced by the transitional authorities will undoubtedly help strengthen the respect for democratic
principles, fundamental freedoms and rights, the rule of law and good governance in your country. However, most of the
undertakings made at the outset of the consultations will be implemented over an extended period, and it will be
necessary to monitor their implementation over time.

In this connection, the EU is anxious that the implementation of substantive measures should continue, in particular
through,

— the organisation and holding of free and transparent elections using electoral rolls that are reliable and complete,

using electoral systems and constituency weightings that are fair and agreed with the political parties,

— respect for pluralism in the audiovisual sector, and, in particular, the creation of free radio stations outside cities, and

the revision of the press law,

— promoting human rights, especially through continued efforts to create a national

independent human rights

commission, the return of refugees and the restoration of their rights,

— application of the laws banning slavery and promising appropriate treatment for all problems arising from this evil,

— reform of the justice system,

— continued improvements in governance, including the publication of updated economic and budgetary statistical data,

— effective implementation of the Extractive Industries Transparency Initiative in the mining and hydrocarbon sectors
and the application of the same good governance principles in the other natural resource sectors, in particular, as
regards fisheries.

In the spirit of partnership that underlies the Cotonou Agreement, the EU expressed its readiness to support implemen-
tation of Mauritania’s undertakings. In follow-up to the consultations, and in view of the undertakings given thus far and
the measures still to be put in hand, it has been decided to adopt the following appropriate measures under Article
96(2)(c) of the revised Cotonou Agreement:

— cooperation activities under way under the Ninth European Development Fund (EDF) and its predecessors will

continue, on condition that the special conditions of the Financing Agreements are observed,

— preparation and implementation of the institutional support projects bolstering the transition process, whose launch

was decided when the consultations opened, will continue,

— preparation and implementation of the measures envisaged under the Ninth EDF and its predecessors in other areas of

Community cooperation will also continue,

— programming activities for the 10th EDF will be launched in accordance with the timetable drawn up by the relevant
Commission departments. Closure of the different stages in the programming process will be conditional on the
holding of the referendum on the constitution and the planned elections under satisfactory conditions and within the
time-scale fixed by the transitional authorities,

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— the 10th EDF Country Strategy Paper for Mauritania cannot be signed before confirmation that the country has
effectively returned to a constitutional order after free and transparent presidential and parliamentary elections have
led to new democratically elected bodies taking office.

The EU Presidency and the European Commission will carry out regular joint reviews, the first of which will take place
within the next six months.

The EU will continue to follow closely the situation in Mauritania. Under Article 8 of the Cotonou Agreement, an
enhanced political dialogue will be conducted with your government over an 18-month monitoring period to ensure the
restoration of democracy and the rule of law, notably through the holding of free and transparent local, parliamentary,
senatorial and presidential elections, and a strengthening of respect for human rights and fundamental freedoms.

If implementation of the Mauritanian authorities’ undertakings speeds up, or on the contrary breaks down, the EU
reserves the right to adjust the appropriate measures.

I have the honour to be, Sir, yours faithfully,

Done at Brussels,

For the Commission

For the Council