Proposal for a Council Decision of […] on adapting and 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: 2010-01-28
Institutions: European Commission
Subjects: ACP-EU Convention, Zimbabwe, economic sanctions, financial aid, freedom of expression, human rights, political situation, rule of law, suspension of aid

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EUROPEAN COMMISSION 

Brussels, 28.1.2010 
COM(2010)19 final 

2010/0012 (NLE) 

Proposal for a 

COUNCIL DECISION 

of […] 

on adapting and 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  the  suspension  of 
budgetary  support,  support  for  projects,  and  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 
suspension  of  Article  12  of  Annex  2  to  the  ACP-EC  Partnership  Agreement, 
concerning  current  payments  and  capital  movements,  insofar  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. 
The  attempts  of  the  Zimbabwean  government  to  prevent  free  and  fair  elections, 
notably by refusing access for international election observers and for the media were 
another reason. 

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 seven occasions, on 18 February 20033, 19 February 20044, 17 February 20055 14 
February  20066,  19  February  20077,  18  February  20088  and  20  February  20099  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 period of 12 months. 

The Global Political Agreement (GPA), a power sharing agreement between the three 
main  political  parties  (ZANU  PF,  MDC-T,  MDC-M),  was  concluded  in  September 
2008,  following  elections  in  March  2008.  It  allowed  the  setting  up  of  an  Inclusive 
Government  in  February  2009.  It  represented  a  significant  step  forwards  towards  a 
sustainable  solution  to  the  Zimbabwe  crisis  and  an  opportunity  to  re-establish  a 
constructive relationship between the EU and Zimbabwe. 

OJ L 50, 21.02.2002, p. 64 
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 L48, 19.2.2005, p. 28 
OJ L48, 18.2.2006, p. 26 
OJ L 53, 22.2.2007, p. 23 
OJ L 51, 26.2.2008, p. 19 
OJ L 49, 20.02.2009 p. 15 

(1) 

(2) 

(3) 

(4) 

(5) 

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(6) 

(7) 

(8) 

The  EU  supports  the  Inclusive  Government  and  the  GPA  in  its  entirety  which 
presently  constitutes  the  only  political  framework  for  bringing  the  country  back  to 
democracy.  The  GPA  sets  out  a  series  of  reforms  which  address  EU  concerns  on 
human rights, rule of law and democratic principles such as the elaboration of a new 
constitution,  a  land  audit,  a  national  healing  process,  the  independence  of  media, 
respect for rule of law and human rights. Its implementation will create the conditions 
for a full re-engagement of the EU with Zimbabwe. 

At  the  request  of  the  Zimbabwean  Government,  a  Ministerial  Troika  meeting  took 
place on 18-19 June 2009. The Zimbabwean Delegation to Brussels was led by Prime 
Minister  Morgan  Tsvangirai.  The  Article  8  dialogue  launched  at  this  occasion  was 
followed up by an EU Troika mission to Zimbabwe on the 12 and 13 of September. 

The  parties  have  agreed  that  the  objective  of  the  dialogue  will  be  to  establish  joint 
roadmaps  with  on  one  side,  a  detailed  action  plan  of  how  the  Government  of 
Zimbabwe  intends  to  implement  the  GPA,  expecting  all  the  parties  present  in  the 
government  to  contribute, and  on the other side an EU roadmap leading towards  the 
normalisation  of  relations  between  the  EU  and  Zimbabwe.  The  EU  roadmap  setting 
the  normalization  process  includes  the  lifting,  in  due  course,  of  the  appropriate 
measures  under  Article  96.  Normalization  would  also  allow  for  a  revision  of  the 
Common Foreign and Security Policy Common Position. 

(9)  Meanwhile,  the  European  Commission  elaborated  an  ad  hoc  short-term  response  to 
support the stabilisation of the inclusive government and its reform programme. 

(10)  Since February 2009 the Government of Zimbabwe has taken a number of important 
and effective steps for the economic and social stabilization of the country. However 
insufficient  measures  have  been  undertaken  to  ensure  full  implementation  of  the 
Global Political Agreement. Furthermore, stalled talks among the political parties and 
an  increase  in  political  violence  in  the  country,  particularly  against  MDC  supporters 
and  against  human  rights  defenders,  provoked  disengagement  by  MDC-T  from  the 
Government in October 2009. This resulted in a constitutional crisis. 

(11)  The  Southern  African  Development  Community  (SADC)  stepped  up  its  mediation 
efforts and President Zuma of South Africa appointed a new South Africa Facilitation 
Team  to  unlock  inter-party  talks  and  to  assess  the  implementation  of  the  GPA.  The 
constitutional  crisis  was  contained  and  the  basis  for  a  renewed  dialogue  among  the 
political parties was created aiming at GPA implementation. 

(12)  Taking into account the above and in line with the process set out in the framework of 
the Article 8 political dialogue, the Commission therefore proposes to the Council to 
extend  Decision  2002/148/EC  for  a  further  12  months  ending  on  19  February  2011 
and  to  adapt  it  to  the  creation  of  the  Government  of  National  Unity  and  the 
implementation of its reform programs. 

(13)  The Commission proposes to inform the Government of Zimbabwe about the renewal 
of the appropriate measures with a letter which will be addressed to President Mugabe 
and copied to the two other political principals of the Government of National Unity, 
Prime  Minister  Tsvangirai  and  Deputy  Prime  Minister  Mutambara.  In  addition  it 
proposes 

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(14)  To include a reference reflecting transitional assistance to support the Global Political 

Agreement implementation and the recovery process of the country. 

(15)  Given  that  the  proposed  Decision  provides  only  for  a  minor  change  of  the  existing 
measures  without  any  substantive  modification,  it  is  not  considered  necessary  to 
reopen consultations with the Republic of Zimbabwe under Article 96 of the ACP-EC 
Partnership Agreement.  

(16)  The  EU  remains  committed  to  revitalize  the  Article  8  political  dialogue  with  the 
Zimbabwean  authorities  to  adopt  jointly  the  roadmaps  setting  the  conditions  for  full 
re-engagement with the country. 

(17)  The  Decision  should  be  kept  under  constant  review,  and  the  measures  should  be 
revoked once the prevailing conditions, as set up in the roadmaps, ensure respect for 
human rights, democratic principles and the rule of law. 

Conclusion 

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 and adapting the appropriate measures 
against Zimbabwe. 

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2010/0012 (NLE) 

Proposal for a 

COUNCIL DECISION 

of […] 

on adapting and 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  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 218(2) thereof, 

Having regard to the ACP-EC Partnership Agreement signed in Cotonou on 23 June 200010 
and revised in Luxembourg on 25 June 200511 

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  Agreement12,  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/EC13,  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. 

By Decision 2009/144/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/EC1615,  until  20  February  2005  by  Article  1  of  Decision 
2004/157/EC1716, until 20 February 2006 by Article 1 of Decision 2005/139/EC1817, 

OJ L 317, 15.12.2000, p.3 
OJ L 209, 11.8.2005, p.26 
OJ L 317, 15.12.2000, p.376 
OJ L 50, 21.2.2002, p. 64 
OJ L 49, 20.2.2009, p.15 
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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(3) 

(4) 

until 20 February 2007 by Article 1 of Decision 2006/114/EC1918, until 18 February 
2008 by Article 1 of Decision 2007/127/EC2019 and until 19 February 2009 by Article 
1 of Decision 2008/158/EC21, was extended for a further period of twelve months until 
20 February 2010. 

The creation of an inclusive Government should be recognized as an opportunity to re-
establish a constructive relationship between the EU and Zimbabwe and to support the 
implementation of its reform program. 

However, taking into consideration recent events in Zimbabwe's political development, 
as well as the fact that certain important measures concerning the essential elements of 
the  ACP-EC  Partnership  Agreement,  fully  integrated  into  the  Global  Political 
Agreement  agreed  among  the  three  political  parties,  have  still  not  been  adequately 
implemented,  the  essential  elements  cited  in  Article  9  of  the  ACP-EC  Partnership 
Agreement  are  not  respected,  and  the  current  conditions  in  Zimbabwe  do  not  ensure 
respect for human rights, democratic principles and the rule of law. 

(5) 

The period of application of the measures should therefore be extended. 

HAS ADOPTED THIS DECISION: 

Article 1 

The  measures  referred  to  in  the  annexed  letter  are  hereby  adopted  as  appropriate  measures 
within the meaning of Article 96(2)(c) of the ACP-EC Partnership Agreement. 

These  measures  shall  apply  for  a  period  of  twelve  months  from  21  February  2010  until  20 
February 2011. The measures shall be kept under constant review 

The letter in the Annex to this Decision shall be addressed to President Mugabe of Zimbabwe 
and shared by copy with Prime Minister Tsvangirai and Deputy Prime Minister Mutambara. 

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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OJ L 48, 18.2.2006, p.26 
OJ L 53, 22.2.2007, p.23 

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ANNEX  

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, 19 February 2008 and 20 February 2009 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, 20 February 2009 and 20 February 2010 respectively. 

The European Union welcomes the constitution of the Government of National Unity based 
on the Global Political Agreement (GPA) which has been set up on the 13th February 2009. 
The EU reiterates the great importance it attaches to the Article 8 political dialogue launched 
officially at the request of the Government of Zimbabwe  at the EU  -  Zimbabwe  Ministerial 
Troika on 18-19 June 2009 in Brussels and to the agreement they have reached on the way 
forward. This includes the definition of joint roadmaps with mutual commitments. These are 
intended to reflect on the Zimbabwe side the effective implementation of the GPA, and on the 
EU side the progressive lifting of current restrictions and the normalization of EU-Zimbabwe 
relations. 

The European Union supports the Government of Zimbabwe's ongoing efforts to implement 
the GPA, and welcomes the intensified regional diplomacy led by South Africa in support of 
reform in Zimbabwe however regrets the lack of progress within the framework of the Article 
8  political  dialogue  We.  We  continue  to  believe  that  significant  progress  in  the 
implementation of the GPA is not only essential but possible and achievable as underlined in 
your exchanges with SADC. 

In the light of the above, the European Union has concluded that the appropriate measures can 
only be fully revoked once the GPA is effectively implemented. The EU has therefore decided 
to extend the period of application of the appropriate measures set out in the Council Decision 
2002/148/2  EC  until  20  February  2011  and  to  adapt  the  appropriate  measure  to  reflect  the 
GPA implementation since February 2009, in particular in the economic sphere. At this point 
in  time  no  financial  support  should  be  channelled  through  the  Government  budget.  The  EU 
has decided to work on progressing GPA implementation and to modify indents (b) and (c) as 
follows: 

(b) 

(c) 

Financial  support  for  all  projects  is  suspended  except  those  in  support  of  the 
population,  in  particular  in  social  sectors  and  those  in  support  of  the  reforms 
contained in the GPA  

Financing  shall  be  reoriented  in  support  of  the  population  in  particular  in  social 
sectors and in support of the stabilization process of the country, in particular with 
regard to democratisation, respect for human rights and the rule of law. 

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All the other measures listed in the Annex to Council Decision 2002/148/2 EC shall continue 
to  apply  without  changes.  The  Council  Decision  can  be  reviewed  at  any  time  prior  to  20 
February 2011. 

The European Union will therefore continue supporting the stabilization of the Government of 
National  Unity  and  its  reform  programs  through  its  transitional  support  for  agriculture  and 
food security, social sectors, including health and education, and for GPA implementation. 

The  European  Union  wishes  to  re-emphasize  the  importance  it  attaches  to  future  EU-
Zimbabwe  cooperation  and  to  confirm  its  willingness  to  revive  and  advance  the  political 
dialogue as provided for in Article 8 of the Cotonou Partnership Agreement. In that context, 
we  hope  that  sufficient  progress  will  be  made  in  the  implementation  of  the  GPA  by  the 
Government  of  Zimbabwe  in  the  near  future  so  as  to  allow  the  resumption  of  full  co-
operation. 

Yours faithfully, 

For the Commission 

For the Council 

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