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: 2009-01-30
Institutions: European Commission
Subjects: ACP countries, Zimbabwe, capital movement, freedom of association, freedom of expression, human rights, judicial cooperation, presidential election

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 30.1.2009 
COM(2009) 41 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 

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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 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 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 
application of further restrictive measures, in particular for freezing funds. 

The  reasons  stated  for  introducing  these  measures  were  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  six  occasions,  on  18  February  20033  19  February  20044  17  February  20055,  14 
February  20066,  19  February  20077  and  18  February  20088  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. 

Although  a  power  sharing  agreement  was  concluded  between  the  three  parties 
(ZANU PF, MDC - T, MDC - M) in September 2008 following the election in March 
2008,  since  February  2008  there  has  been  no  substantial  progress  on  the  areas  of 
concern  to  the  EU  identified  by  the  Article 96  consultations,  and  no  genuine 
commitments  and  positive  measures  have  been  undertaken  by  the  Government  of 
Zimbabwe to remedy the situation. Furthermore, there is evidence of an increase in 
political  violence  in  the  country,  particularly  against  MDC  supporters  and  against 
defenders of human rights. 

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)  No310/2002  concerning  certain  restrictive  measures  in 
respect of Zimbabwe, OJ L 50, 21.2.2002,pp.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 
forthcoming  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, 20.2.2003, p. 25. 
OJ L 50, 20.2.2004, p. 60. 
OJ L 48, 19.2.2005, p. 28. 
OJ L 48, 18.2.2006, p. 26. 
OJ L 53, 22.2.2007, p. 23. 
OJ L 51, 26.2.2008, p. 19. 

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6. 

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9. 

The  review  of  the  current  Decision,  which  runs  until  20  February  2009,  coincides 
with  an  on-going  initiative  led  by  the  SADC  to  implement  the  power  sharing 
agreement signed in September 2008, to which the EU has given its full support but 
which is stalling at present.  

Taking  into  account  the  considerations  set  out  above,  the  Commission  can  only,  at 
this stage, propose an extension of the current policy, as any lifting or even easing of 
the current measures is not justified. 

Therefore, the Commission is proposing to the Council to extend the current decision 
for  a  further  12  months  ending  on  20  February  2010.  Given  that  the  proposed 
decision  is  only  an  extension  of  the  existing  measures  without  any  substantive 
change,  it  is  not  necessary  to  reopen  consultations  with  the  Republic  of  Zimbabwe 
under Article 96 of the ACP-EU Partnership Agreement. 

Another  measure  proposed  is  to  inform  the  Government  of  Zimbabwe,  in  the 
annexed  letter  to  President  Mugabe,  that  the  EU  remains  open  to  discuss  with  the 
Zimbabwean  authorities  the  conditions  for  full  re-engagement  with  a  view  to  the 
recovery of the country whenever political conditions allow it.  

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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 

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In  the  light  of  the  foregoing,  the  Council  is  requested  to  adopt  the  attached  draft 
proposal for a Council Decision extending the period of application of the measures 
against Zimbabwe. 

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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 
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) 

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 2008/158/EC14, 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/EC15,  until  20  February  2005  by  Article  1  of  Decision 
2004/157/EC16, until 20 February 2006 by Article 1 of Decision 2005/139/EC17, until 
20 February 2007 by Article 1 of Decision 2006/114/EC18 and until 18 February 2008 
by Article 1 of Decision 2007/127/EC19, was extended for a further period of twelve 
months until 20 February 2009. 

(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 

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OJ L 317, 15.12.2000, p. 3. 
OJ L 209, 11.8.2005, p. 26. 
OJ  L  317,  15.12.2000,  p.  376.  Internal  Agreement,  as  last  amended  by  the  Internal  Agreement  of  10 
April 2006 (OJ L 247,9.9.2006,p.48) 
OJ L 50, 21.2.2002, p. 64.  
OJ L 317, 15.12.2000, p. 3.  
OJ L 51, 26.2.2008, p. 19. 
OJ L 46, 20.2.2003, p. 25. 
OJ L 50, 20.2.2004, p. 60. 
OJ L 48, 19.2.2005, p. 28. 
OJ L 48, 18.2.2006, p. 26. 

OJ L 53, 22.2.2007, p. 23. 

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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 2010. 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 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, 21 
February 2007 and 19 February 2008, 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,  20  February  2008  and  20 
February 2009 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 2010. 

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  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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