Proposal for a Council Decision amending Decision 2003/631/EC adopting measures concerning Liberia under Article 96 of the ACP EC Partnership Agreement in a case of special urgency
Date: 2006-05-30
Institutions: European Commission
Subjects: ACP countries, Liberia, agreement (EU), cooperation agreement (EU), democratisation, establishment of peace

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 30.5.2006 
COM(2006) 267 final 

Proposal for a 

COUNCIL DECISION 

amending Decision 2003/631/EC adopting measures concerning Liberia under Article 96 
of the ACP-EC Partnership Agreement in a case of special urgency 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

Since  25 March 2002  the  European  Union's  relations  with  Liberia  have  been  governed  by 
Articles 96 and 97 of the ACP-EC Partnership Agreement. Council Decision 2002/274/EC of 
25 March 2002  provided  for  the  adoption  of  appropriate  measures  under  Article  96  and 
Article 97 of the ACP-EC Partnership Agreement.1  

Following  the  signing  of  the  Accra  Comprehensive  Peace  Agreement  in  August  2003  a 
transitional  government  was  established  with  the  task  of  preparing  for  reconstruction  and 
presidential and parliamentary elections. Observing breaches of the principles of democracy, 
rule  of 
the  Council  decided,  with  Decision 2003/631/EC  of 
25 August 2003,2 to extend the application of the appropriate measures to 31 December 2004. 
In  view  of  the  inadequate  progress  made  at  political  level,  Council  Decision 2005/16/EC3 
again extended these measures, this time to 30 June 2006. 

law  and  governance, 

A  European  Union  assessment  mission,  jointly  coordinated  by  the  Commission  and  the 
Presidency,  was  conducted  on  24  and  25 April 2006  to  examine  the  situation  before  the 
appropriate measures expired.  

The  assessment  mission’s  findings  showed  the  Liberian  government  to  have  made  little 
headway. This was, however, attributable to a lack of funding and to the fact that the current 
government  had  only  recently  taken  office.  Furthermore,  progress  in  a  number  of  areas 
suggests that Liberia is now on the road to recovery: the government’s active involvement in 
implementing the GEMAP (the anti-corruption plan initiated by the international community), 
the  holding  of  what  are  judged  to  have  been  free,  fair  and  democratic  elections  in 
October 2005,  the  restoration  of  freedom  of  speech.  The  Liberian  government  therefore 
appears  determined  to  strive  for  good  governance,  respect  for  human  rights  and  the  rule  of 
law. However, the venture’s success continues to depend on the support of the international 
community, given the lack of financial resources available to Liberia. 

Given the Liberian government’s manifest determination to bring about social, economic and 
political reconstruction in Liberia, all activities in pursuit of that goal should be supported and 
encouraged.  The  appropriate  measures  adopted  by  Council  Decision 2003/631/EC  and 
amended  by  Decision 2005/16/EC  should  therefore  be  terminated.  An  enhanced,  structured 
political  dialogue  based  on  Article 8  of  the  ACP-EC  Partnership  Agreement  could  be 
established to monitor developments in the situation. 

The Commission therefore proposes that the Council adopt the annexed Decision. 

1 OJ L 96, 13.04.2002, p. 23. 
2 OJ L 220, 03.09.2003, p. 3. 
3 OJ L 8, 12.01.2005, p. 12. 

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Proposal for a 

COUNCIL DECISION 

amending Decision 2003/631/EC 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  Treaty  establishing  the  European  Community,  and  in  particular  the 
second subparagraph of Article 300(2) thereof, 

Having regard to the ACP-EC Partnership Agreement signed in Cotonou on 23 June 20004, 
and  the  revised  Agreement  that  was  signed  in  Luxembourg  on  25  June  20055  (hereinafter 
referred to as “the ACP-EC Agreement”), 

Having regard to the internal agreement between the representatives of the governments of the 
Member  States,  meeting  within  the  Council,  on  measures  to  be  taken  and  procedures  to  be 
followed  for  the  implementation  of  the  ACP-EC  Partnership  Agreement,6  and  in  particular, 
Article 3 thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

Council  Decision  2002/274/EC  of  25 March 20027  concluding  consultations  with 
Liberia under Articles 96 and 97 of ACP-EU Partnership Agreement provides for the 
adoption of appropriate measures within the meaning of Article 96(2) (c) and Article 
97(3) of the ACP-EC Partnership Agreement 

Council  Decision  2003/631/EC  of  25  August  20038  adopting  measures  concerning 
Liberia  under  Article  96  of  ACP-EU  Partnership  Agreement  in  a  case  of  special 
urgency provides for the adoption of further appropriate measures within the meaning 
of Article 96(2)(b)(c) of the ACP-EC Partnership Agreement 

Council  Decision 2005/16/EC 
amending  Decision 
2003/631/CE adopting measures concerning Liberia under Article 96 of the ACP-EC 
Partnership  Agreement  in  a  case  of  special  urgency  extends  the  validity  of  these 
measures to 30 June 2006 

22 December 20049 

of 

4 OJ L 317, 15.12.2000, p.3. 
5 OJ L 287, 28.10.2005, p.4. 
1 OJ L 317, 15.12.2000, p. 376. 
7 OJ L 96, 13.04.2002, p. 23. 
8 OJ L 220, 03.09.2003, p. 3. 
9 OJ L 8, 12.01.2005, p. 12. 

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(4) 

(5) 

The  measures  undertaken  by  the  Liberian  government  in  a  very  difficult  budgetary 
situation  attest  to  its  determination  to  make  headway  in  line  with  the  principles  of 
good governance, respect for human rights and the rule of law 

It  is  therefore  convenient  to  lift  the  appropriate  measures  concerning  adopted  under 
Article 96 of the ACP-EC Partnership Agreement, 

HAS DECIDED AS FOLLOWS: 

The  appropriate  measures  adopted  under  Article 96  of  the  ACP-EC  Partnership  Agreement 
are lifted. 

Article 1 

Article 2 

An  intensive  political  dialogue  will  continue  on  the  basis  of  Article  8  of  the  ACP-EC 
Partnership Agreement. The content of this political dialogue is set out in the annexed draft 
letter to Liberia’s Minister for Foreign Affairs. 

This Decision shall take effect 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 

ANNEX  

Brussels, 

HE Mr George Wallace 

Minister for Foreign Affairs 

Liberia 

Sir, 

By letter No .... of ...., the European Union notified the government of Liberia of its intention 
to extend to 30 June 2006 the validity of the appropriate measures adopted by the Council on 
25 August 2003.  This  letter  stipulated  that  the  measures  would  be  cancelled  once  a 
democratically elected and accountable president and government had been installed. 

The  European  Union  is  pleased  to  see  that  the  new  government  elected  in  October 2005 
appears  determined  to  introduce  democratic  change  and  reform  the  working  of  the  public 
sector. The European Union is particularly pleased that: 

–  the  parliamentary  and  presidential  elections  of  October 2005  were  free,  transparent  and 

fair, 

–  freedom of expression and press freedom are respected, 

–  the  government  is  backing,  and  actively  taking  part  in,  the  implementation  of  the 

Governance and Economic Management Assistance Programme (GEMAP), 

–  the  results  of  external  audits  of  parastatal  agencies  and  government  financial  institutions 

are being suitably followed up. 

A  number  of  difficulties  are  nevertheless  delaying  performance  of  the  government’s 
commitments in the area of human rights and the rule of law: 

–  The  Commission  on  Human  Rights  is  in  the  process  of  being  reorganised  following  the 

appointment of new commissioners by the government. 

–  few  prosecutions  have  been  brought  against  members  of  the  security  forces  guilty  of 

serious human rights violations. 

–  the new security forces are not yet fully operational. 

–  the overhaul of the justice system is still under way. 

–  the  Truth  and  Reconciliation  Commission  should  be  operational  in  June 2006,  but  the 

budget allocated to it is not sufficient to enable it to perform all its tasks.  

Further progress is therefore needed in the area of human rights and the rule of law. 

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In view of the above, the European Union believes that the Liberian government is showing 
the right attitude and a satisfactory determination to improve the situation in the country. The 
European Union would like to encourage the Liberian government to continue down this road. 

It  is  therefore  convenient  to  lift  the  appropriate  measures  adopted  under  Article 96  of  the 
ACP-EC Partnership Agreement.  

An  enhanced,  structured  political  dialogue  based  on  Article 8  of  the  ACP-EC  Partnership 
Agreement  will  be  conducted  in  order  to  continue  strengthening  respect  for  human  rights, 
democracy, the rule of law and good governance. The political dialogue will concern: 

–  follow-up of action against corruption and implementation of the GEMAP, 

–  the progress made by the Commission on Human Rights and the Truth and Reconciliation 

Commission, 

–  the reforms of the justice and security sectors, 

–  the prosecution of those involved in violations of human rights. 

At their first meeting, the parties will establish the commitments to be given by the Liberian 
government. 

Yours faithfully, 

For the Commission 

………………… 

For the Council 

………………. 

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