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: 2008-01-28
Institutions: European Commission
Subjects: ACP-EU Convention, EU aid, EU financing, Zimbabwe, economic sanctions, freedom of expression, human rights, humanitarian aid, political violence, rule of law

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 28.1.2008 
COM(2008) 29 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  consultations  under  Article  96  of  the 
ACP-EC  Partnership  Agreement2
.  These  measures  included  suspending  budgetary 
support and support for projects, and suspending the signature of the 9th EDF National 
Indicative  Programme,  but  explicitly  did  not  affect  contributions  to  humanitarian 
operations and projects in direct support of the population, in particular in the social 
sectors,  democratisation,  human  rights  and  the  rule  of  law.  They  also  included  the 
suspension  of  Article  12  of  Annex  2  to  the  ACP-EC  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. 

Under Article 2 (3) of the Decision of 18 February 2002, the measures were to apply 
for  a  period  of  twelve  months,  but  would  be  revoked  once  the  prevailing  conditions 
ensured respect for human rights, democratic principles and the rule of law. 

On five occasions, on 18 February 20033, 19 February 20044, 17 February 20055, 14 
February  20066  and  19  February  20077  the  Council  concluded  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 prevailing conditions did not 
ensure respect for human rights, democratic principles and the rule of law, and decided 
to extend the measures against Zimbabwe, each time for a further 12 months. 

Since  February  2007  there  has  been  no  progress  on  the  five  issues  identified  by  the 
Article  96  consultations,  and  no  genuine  commitments  and  positive  measures  have 
been taken by the Government of Zimbabwe to remedy the situation. 

The review of the current decision, which runs until 20 February 2008, is taking place 
at a time when there is an on-going initiative led by the SADC, to which the EU has 
given its full support. It comes some months before the scheduled unified Presidential 

Cf. Council Decision 2002/148/EC (OJ L 50, 21.02.2002, p. 64. Furthermore (see GAC Conclusions of 
18  February  2002)  the  Council  adopted  targeted  CFSP  sanctions  (Council  Common  Position 
2002/145/CFSP  and  Council  Regulation  (EC)  N°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 of 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 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.  
OJ L 48, 18.02.2006, p. 26. 
OJ L 53, 22.02.2007, p. 23. 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

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and  Parliamentary  elections8.  These  events  would  justify  a  new  review  in  the  short 
time,  based  on  an  in-depth  assessment  of  the  situation  in  the  wake  of  the  SADC 
initiative and of the upcoming elections. 

Taking into account the above considerations, the Commission can only, at this stage, 
propose  an  extension  of  the  current  policy,  as  any  lifting  or  even  easing  of  the 
currently  measures  does  not  seem  justified  and  would  not  obtain  the  necessary 
agreement of most Member States. 

Therefore, the Commission proposes to the Council to extend the current Decision for 
a  further  period  ending  on  31  July  2008.  Given  that  the  proposed  decision  concerns 
only  an  extension  of  the  existing  measures  without  substantive  change,  it  is  not 
necessary to reopen consultations with the Republic of Zimbabwe under Article 96 of 
the ACP-EU Partnership Agreement. 

It  is  also  proposed  to  inform  the  Government  of  Zimbabwe,  in  the  annexed  letter  to 
President Mugabe, that the EU remains open to a more structured dialogue, enhanced 
by the opportunities available under the ongoing 10th EDF Programming exercise. 

(7) 

(8) 

(9) 

(10)  The  decision  should  be  kept  under  constant  review,  and  the  measures  should  be 
revoked  once  the  prevailing  conditions  ensure  respect  for  human  rights,  democratic 
principles and the rule of law. 

Conclusion 

(11) 

In the light of the above, the Commission proposes that the Council adopt the attached 
decision. 

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Elections have been scheduled for March 2008 but have not been officially called yet, and the final date 
could be delayed and agreed in the framework of the SADC initiative. 

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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 
the second subparagraph of Article 300(2) thereof, 

Having  regard  to  the  ACP-EC  Partnership  Agreement  signed  in  Cotonou  on  23  June  20009 
and revised in Luxembourg on 25 June 2005,10 

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,11  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/EC12,  the  consultations  with  the  Republic  of 
Zimbabwe  under  Article  96(2)(c)  of  the  ACP-EC  Partnership  Agreement13  were 
concluded and appropriate measures, as specified in the Annex to that Decision, were 
taken, 

By Decision  2007/127/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/EC14,  until  20  February  2005  by  Article  1  of  Decision 
2004/157/EC15,  until  20  February  2006  by  Article  1  of  Decision  2005/139/EC16  and 

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 2007/127/EC (OJ L 53, 22.2.2007, p. 
23). 
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. 28. 

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until 20 February 2007 by Article 1 of Decision 2006/114/EC17, were extended for a 
further period of twelve months until 20 February 2008. 

(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 31 July 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 

17 

OJ L 48, 18.2.2006, p. 26. 

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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 form 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, 15 February 2006 and 
21  February  2007,  the  European  Union  informed  you  of  its  decisions  not  to  revoke  the 
‘appropriate  measures’  and  to  extend  the  period  of  application  until  20  February  2004,  20 
February 2005, 20 February 2006, 20 February 2007 and 20 February 2008 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 has decided to extend their period of application until 31 July 2008. The 
European Union will review its position based on an in-depth assessment of the situation after 
the completion of the SADC initiative on Zimbabwe and the upcoming elections. 

The  European  Union  would  once  again  emphasise  that  it  is  not  penalising  the  Zimbabwean 
people  and  that  it  will  continue  its  contribution  to  operations  of  a  humanitarian  nature  and 
projects  in  direct  support  of  the  population,  in  particular  projects  in  the  social  sectors, 
democratisation, respect for human rights and the rule of law, which are not affected by these 
measures. 

The  European  Union  wishes  to  reiterate  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 provided for in Article 8 of that Agreement.  

With this in mind, the European Union wishes to underline once again the importance that it 
attaches to future EC-Zimbabwe cooperation and to confirm its willingness to make continued 
use of the opportunity provided by the ongoing 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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