2009/144/EC: Council Decision of 19 February 2009 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: 2009-02-19
Institutions: Council of the European Union
Subjects: ACP countries, Zimbabwe, capital movement, freedom of association, freedom of expression, human rights, judicial cooperation in civil matters in the EU, presidential election

20.2.2009

EN

Official Journal of the European Union

L 49/15

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

II

DECISIONS

COUNCIL

COUNCIL DECISION

of 19 February 2009

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

(2009/144/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community, and in particular Article 300(2) thereof,

establishing the European

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),

2005

February

by Article

which had been extended until 20 February 2004
by Article 1 of Decision 2003/112/EC (6),
until
of Decision
20
2004/157/EC (7), until 20 February 2006 by Article 1
of Decision 2005/139/EC (8), until 20 February 2007
by Article 1 of Decision 2006/114/EC (9) and until
18
of Decision
2007/127/EC (10), was extended for a further period of
12 months until 20 February 2009.

by Article

February

2008

1

1

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,

(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.

Having regard to the proposal from the Commission,

(4)

The period of application of
therefore be extended,

the measures

should

Whereas:

(1)

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.

(2)

By Decision 2008/158/EC (5), the application of the mea-
sures referred to in Article 2 of Decision 2002/148/EC,

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.

(1) OJ L 317, 15.12.2000, p. 3.
(2) OJ L 209, 11.8.2005, p. 26.
(3) OJ L 317, 15.12.2000, p. 376.
(4) OJ L 50, 21.2.2002, p. 64.
(5) OJ L 51, 26.2.2008, p. 19.

(6) OJ L 46, 20.2.2003, p. 25.
(7) OJ L 50, 20.2.2004, p. 60.
(8) OJ L 48, 19.2.2005, p. 28.
(9) OJ L 48, 18.2.2006, p. 26.
(10) OJ L 53, 22.2.2007, p. 23.

L 49/16

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Official Journal of the European Union

20.2.2009

The letter in the Annex to this Decision shall be addressed to the President of Zimbabwe.

This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

Article 2

Done at Brussels, 19 February 2009.

For the Council
The President
M. ŘÍMAN

20.2.2009

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Official Journal of the European Union

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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, 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.

The European Union welcomes that, under the guidance of SADC, an agreement has been reached in Zimbabwe between
the parties. It hopes that the new government will demonstrate its commitment to reform, including with respect to the
rule of law, human rights and democratisation.

Nevertheless 12 months after the adoption of the latest decision on appropriate measures, 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 yet be revoked and
has decided to extend their period of application until 20 February 2010 pending reopening of consultations.

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 cooperation becomes possible.

Yours faithfully,

For the Commission

For the Council