2008/363/EC: Council Decision of 14 April 2008 extending Decision 2005/321/EC concluding the consultation procedure with the Republic of Guinea under Article 96 of the Cotonou Agreement
Date: 2008-04-14
Institutions: Council of the European Union
Subjects: ACP-EU Convention, Guinea, cooperation policy, democracy, human rights, rule of law

9.5.2008

EN

Official Journal of the European Union

L 125/29

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COUNCIL

COUNCIL DECISION

of 14 April 2008

extending Decision 2005/321/EC concluding the consultation procedure with the Republic of
Guinea under Article 96 of the Cotonou Agreement

(2008/363/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(2)

Having regard to the Treaty
Community,

establishing the European

Having regard to the Partnership Agreement between the
members of
the African, Caribbean and Pacific Group of
States, of the one part, and the European Community and its
Member States, of the other part, signed in Cotonou on 23 June
2000 (1), and revised in Luxembourg on 25 June 2005 (2), and
in particular Article 96 thereof,

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:

the end of

At
this monitoring period, a number of
undertakings have been fulfilled and the main under-
takings still outstanding have given rise to concrete
important measures
initiatives. Nevertheless,
concerning
Cotonou
of
Agreement have yet to be implemented,

several
elements

essential

the

HAS DECIDED AS FOLLOWS:

Article 1

The validity of Decision 2005/321/EC is hereby extended for 12
months. It shall be reviewed every six months.

The letter addressed to the Prime Minister of the Republic of
Guinea is attached to this Decision.

Article 2

The measures adopted by Decision 2005/321/EC as part of the
appropriate measures within the meaning of Article 96(2)(c) of
the Cotonou Agreement shall remain unchanged.

(1)

Decision 2005/321/EC (4) lays down a period of validity
of 36 months from the date of its adoption for moni-
toring the appropriate measures and is due to expire on
14 April 2008.

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

Article 3

(1) OJ L 317, 15.12.2000, p. 3.
(2) OJ L 287, 28.10.2005, p. 4.
(3) OJ L 317, 15.12.2000, p. 376.
(4) OJ L 104, 23.4.2005, p. 33.

It shall expire on 14 April 2009.

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Official Journal of the European Union

9.5.2008

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

Article 4

Done at Luxembourg, 14 April 2008.

For the Council
The President

I. JARC

9.5.2008

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Official Journal of the European Union

L 125/31

ANNEX

Letter for the attention of the Prime Minister, Head of Government of the Republic of Guinea

Sir,

The European Union attaches great importance to the provisions of Article 9 of the Cotonou Agreement. Respect for
human rights, democratic principles and the rule of law, on which the ACP-EU partnership is based, constitute the
essential elements of that Agreement and, consequently, the basis of our relations.

In 2004 the European Union took the view that the political situation in Guinea violated these essential elements and in
July 2004 it initiated consultations under Article 96 of the Agreement. These consultations gave rise to conclusions of
which the Head of Government was informed by an earlier letter, 14 April 2005.

The appropriate measures provided for a monitoring period of 36 months which ends on 14 April 2008. During this
period, reinforced political dialogue took place, which saw, amongst other things, four joint follow-up missions by the
Council and the Commission in May 2005, February 2006, May 2007 and March 2008, and the visit of Commissioner
Michel in October 2006. At the end of December 2006, in view of the progress made, the European Union decided to
make available to Guinea envelope A of the 9th EDF, representing an amount of EUR 85,8 million.

The last follow-up mission was thus able to confirm that the measures carried out by the Guinean authorities are
proceeding in a generally positive direction, particularly in terms of the electoral process, strongly backed by the
the parliamentary
European Union, and in the field of macroeconomic policies. However,
elections, including fixing a date for them, which is one of the main undertakings given by the Guinean Government,
has not yet been finalised. In view of the action currently being taken, these undertakings will likely be fulfilled within 12
months.

the organisation of

Aware of the positive action undertaken in Guinea and of what has still to be done, the European Union has decided to
extend the monitoring period for the Decision of 14 April 2005 to 48 months so as to enable the Guinean authorities to
fulfil all the undertakings given. This Decision may be reviewed at any time depending on how the situation develops.

The appropriate measures of which we informed you in our letter of 14 April 2005 still apply.

Yours faithfully,

Done at Brussels,

For the Commission

For the Council