2008/158/EC: Council Decision of 18 February 2008 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: 2008-02-18
Institutions: Council of the European Union
Subjects: Zimbabwe, cooperation agreement (EU), freedom of expression, human rights, political violence, rule of law

26.2.2008

EN

Official Journal of the European Union

L 51/19

COUNCIL DECISION

of 18 February 2008

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

(2008/158/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(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
therefore be extended,

the measures

should

HAS DECIDED AS FOLLOWS:

Article 1

the measures referred to in
The period of application of
Article 2 of Decision 2002/148/EC shall be extended until
20 February 2009. 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 adoption.

It shall be published in the Official Journal of the European Union.

Done at Brussels, 18 February 2008.

For the Council
The President

D. RUPEL

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 2000 (1) and revised in Luxembourg on
25 June 2005 (2),

the governments of

Having regard to the Internal Agreement between the represen-
tatives 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 Part-
nership Agreement (3), and in particular Article 3 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

By Council Decision 2002/148/EC (4), the consultations
with the Republic of Zimbabwe under Article 96(2)(c) of
the ACP-EC Partnership Agreement were concluded and
appropriate measures, as specified in the Annex to that
Decision, were taken.

referred

February

application of

the
By Decision 2007/127/EC the
in Article 2 of Decision
measures
to
had
until
been
2002/148/EC, which
20
of Decision
by Article
2004
2003/112/EC (5), until 20 February 2005 by Article 1
of Decision 2004/157/EC (6), until 20 February 2006
by Article 1 of Decision 2005/139/EC (7) and until
20
of Decision
2006/114/EC (8), were extended for a further period of
twelve months until 20 February 2008.

extended
1

by Article

February

2007

1

(1) OJ L 317, 15.12.2000, p. 3. Agreement as last amended by Decision

No 4/2007 (OJ L 25, 30.1.2008, p. 11).

(2) OJ L 209, 11.8.2005, p. 26.
(3) OJ L 317, 15.12.2000, p. 376. Internal Agreement as last amended
by Internal Agreement of 10 April 2006 (OJ L 247, 9.9.2006,
p. 48).

(4) 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).

(5) OJ L 46, 20.2.2003, p. 25.
(6) OJ L 50, 20.2.2004, p. 60.
(7) OJ L 48, 19.2.2005, p. 28.
(8) OJ L 48, 18.2.2006, p. 26.

L 51/20

EN

Official Journal of the European Union

26.2.2008

ANNEX

LETTER TO THE PRESIDENT OF ZIMBABWE

Brussels, …

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 20 February 2009. The European Union’s position will be kept under
constant review, including on the basis of 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 cooperation becomes possible.

Yours faithfully,

For the Commission

For the Council