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: 2007-01-25
Institutions: European Commission
Subjects: EU relations, Zimbabwe, economic sanctions, human rights, political situation, suspension of aid

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 25.1.2007 
COM(2007) 21 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  of  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 four occasions, on 18 February 20033, 19 February 20044, 17 February 20055 and 
14  February  20066  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 four additional periods of 12 months until 20 February 2004, 
20  February  2005,  20  February  2006  and  20  February  2007,  respectively,  the 
appropriate measures against Zimbabwe. 

Since February 2006 there has been no progress on the five issues identified by the 
Article  96  consultations  and  no  genuine  commitments  and  concrete  positives 
measures  have  been  taken  by  the  Government  of  Zimbabwe  to  remedy  to  the 

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. 
OJEU, L48/28 of 19.02.2005.  
OJEU, L48/26 of 18.02.2006. 

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situation. On the contrary, the current situation in Zimbabwe continues to deteriorate 
as being reported recently by the Heads of Missions7 in Harare. 

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Taking into account the current state of affairs in Zimbabwe and the lack of positive 
evolution concerning the essential elements of the Cotonou Agreement, any lifting or 
even easing of the appropriate measures does not seem justified. Furthermore such a 
decision would not gather the necessary agreement of most Member States. 

Therefore, the Commission might propose to the Council the extension for a further 
period  of  12  months  of  the  current  Decision  by  indicating  to  the  Government  of 
Zimbabwe  that  it  remains  open  to  a  more  structured  dialogue  enhanced  by  the 
opportunities given within the on-going 10th EDF Programming exercise. 

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. 

7 

See  HoMs  report  of  18.09.2006  underlining  'negative  trends  of  both  the  political  and  economic 
situation'  and  'no  progress  towards  the  EU  concerns'.  On  4  December  2006  the  Council  AWG  has 
requested  a  new  EU  HoMs  report  on  developments  in  Zimbabwe  for  a  discussion  in  the  group  in 
January  2007  on  the  possible  extension  of  EU  measures,  which  would  likely  confirm  the  same 
assessment. 

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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  the 
second subparagraph of Article 300(2) thereof, 

Having  regard  to  the  ACP-EC  Partnership  Agreement  signed  in  Cotonou  on  23  June  20008 
and revised in Luxembourg on 25 August 20059 

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  Agreement10  and  in  particular 
Article 3 thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

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By  Council  Decision  2002/148/EC11,  the  consultations  with  the  Republic  of 
Zimbabwe  under  Article  96(2)(c)  of  the  ACP-EC  Partnership  Agreement12  were 
concluded and appropriate measures, as specified in the Annex to that Decision, were 
taken. 

By Decision 2006/114/EC the application of the measures referred to in Article 2 of 
Decision 2002/148/EC, which had been extended until 20 February 2004 by Article 1 
of  Decision  2003/112/EC13,  until  20  February  2005  by  Article  1  of  Decision 
2004/157/EC14  and  until  20  February  2006  by  Article  1  of  Decision  2005/139/EC15, 
were extended for a further period of 12 months until 20 February 2007. 

OJ L 317, 15.12.2000, p. 3 
OJ L 209, 11.08.2005, p. 25 
OJ L 317, 15.12.2000, p. 376. Internal Agreement as last amended by Internal Agreement of 10.4.2006 
(OJ L 247, 9.9.2006, p. 48). 
OJ L 50, 21.2.2002, p. 64. Decision as last amended by Decision 2006/114/EC (OJ L 48, 18.2.2006, p. 
26). 
OJ L 317, 15.12.2000, p. 3. Agreement as last amended by Decision No 1/2006 of the ACP-EC Council 
of Ministers of 2 June 2006 (OJ L 247, 9.9.2006, p. 22). 
OJ L 46, 20.2.2003, p. 25. 
OJ L 50, 20.2.2004, p.60 
OJ L 48, 19.2.2005, p. 29 

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(3) 

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. 

HAS DECIDED AS FOLLOWS:  

Article 1 

The period of application of the  measures referred to in Article 2 of  Decision 2002/148/EC 
shall be extended until 20 February 2008. The measures shall be kept under constant review. 

The letter in the 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 Union. 

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, 19 February 2004, 18 February 2005 and 15 February 2006, 
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,  20 
February 2005, 20 February 2006 and 20 February 2007 respectively.  

Twelve  months  later,  the  European  Union  considers  that  no  significant  progress  has  been 
made 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  it  has  decided  to  extend  their  period  of  application  until  20  February 
2008. 

The  European  Union  would  once  again  emphasise  that  it  is  not  penalising  the  Zimbabwean 
people and it will continue its contribution to operations of a humanitarian nature and projects 
in  direct  support  of  the  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 once again the importance that it 
attaches  to  future  EC-Zimbabwe  cooperation  and  wishes  to  confirm  its  willingness  to 
continue  to  make  use  of  the  opportunity  provided  by  the  on-going  10th  EDF  programming 
exercise  to  carry  on  the  dialogue  and  make  progress  in  the  near  future  towards  a  situation 
where the resumption of full co-operation becomes possible.  

Yours faithfully, 

For the Commission 

For the Council 

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