Proposal for a COUNCIL DECISION concerning the conclusion of consultations with the Republic of Niger under Article 96 of the revised Cotonou Agreement
Date: 2010-07-26
Institutions: European Commission
Subjects: Economic and Monetary Union, Slovakia, euro, euro area, monetary integration

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EUROPEAN COMMISSION 

Brussels, 26.7.2010 
COM(2010)394 final 

2010/0211 (NLE) 

Proposal for a 

COUNCIL DECISION 

of […] 

concerning the conclusion of consultations with the Republic of Niger under Article 96 
of the revised Cotonou Agreement 

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EXPLANATORY MEMORANDUM 

On  3 November  2009,  following  President  Tandja's  decision  to  remain  in  office  beyond 
22 December, the European Union sent a letter to the Niger authorities inviting them to hold 
consultations under Article 96 of the Cotonou Agreement. These consultations took place in 
Brussels  on  8  December  2009.  The  conclusions  of  the  meeting  mentioned  that  the 
consultations were an open-ended process offering the possibility of another meeting. 

On 18 February 2010 a military coup brought to power Platoon Commander Djibo Salou at 
the head of the Supreme Council for Restoration of Democracy (CSRD). This coup d'etat was 
condemned  by  the  EU  on  19 February  and  led  to  the  suspension  of  the  Article 96 
consultations.  An  exploratory  mission  to  Niger  on  18  and  19  April  2010  found  that  the 
transition  process  was  broadly  taking  place  as  announced  in  an  inclusive  and  visibly  highly 
structured manner. The main elements of this transition were: 

•  Setting-up and inauguration on 7 April of the 131-member National Consultative Council, 

20 members of which were from the two political groupings. 

•  Setting-up of a committee on 22 April to draft within 45 days proposals for the following 
draft  laws:  constitution,  electoral  code,  charter  of  political  parties,  charter  of  opposition 
and charter of access to public information. 

•  Setting-up of a Transitional Constitutional Council (21 April). 

•  Adoption of a decree on establishing the National Monitoring Centre for Communications 
responsible for ensuring freedom of information, including equal access to information for 
all during the election campaign. 

Following  this  exploratory  mission,  a  note  verbale  dated  5 May  2010  invited  the  new 
authorities of Niger to come to Brussels for a second round of consultations on 26 May 2010. 

The  opening  meeting  of  the  consultations  took  place  in  Brussels  on  26  May.  The  parties 
present  were  the  European  Union,  represented  by  the  Council  Presidency  and  the 
Commission,  Niger,  represented  by  Prime  Minister  Mahamadou  Danda,  members  of  the 
government  and  the  CSRD,  and  the  ACP  Group,  including  countries  friendly  to  Niger.  The 
Economic Community of West African States (ECOWAS) and the African Union (AU) were 
also present as observers. 

During that meeting the participants were informed of the proposals put forward by Niger for 
transition  towards  a  return  to  constitutional  rule  and  the  establishment  of  a  democratic 
government elected through free and transparent parliamentary and presidential elections. The 
commitments  made  can  be  summarised  as  follows  (set  out  in  detail  in  the  letter  annexed  to 
this Decision): 

•  the adoption of basic texts by the CSRD; 

•  the organisation of a constitutional referendum on the basis of those drafts;  

•  the holding of local, parliamentary and presidential elections by March 2011; 

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•  the  decriminalisation  of  press  offences  and  a  guarantee  of  independence  for  regulatory 

bodies and of access to information; 

•  a commitment to sound economic and financial management throughout the transition. 

To support the return to constitutional rule and the establishment of a democratic government 
elected  through  free  and  transparent  parliamentary  and  presidential  elections,  the  European 
Union  has  decided  to  adopt  appropriate  measures  under  Article  96(2)(c)  of  the  Cotonou 
Agreement with a view to the gradual resumption of cooperation in the light of progress made 
in the transition process in order to support this transition (see the annexed letter for details). 

In  view  of  the  above,  and  in  accordance  with  Articles  9  and  96  of  the  revised  Cotonou 
Agreement,  the  Commission  proposes  that  the  Council  conclude  the  consultations  with  the 
Republic of Niger and adopt the attached Decision. 

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2010/0211 (NLE) 

Proposal for a 

COUNCIL DECISION 

of […] 

concerning the conclusion of consultations with the Republic of Niger under Article 96 
of the revised Cotonou Agreement 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union, 

Having  regard  to  the  Partnership  Agreement  between  the  African,  Caribbean  and  Pacific 
States  and  the  European  Community  signed  in  Cotonou  on  23  June  20001  and  revised  in 
Brussels on 25 June 20052, and in particular Article 96 thereof, 

Having  regard  to  the  Internal  Agreement  on  measures  to  be  taken  and  procedures  to  be 
followed  for  the  implementation  of  the  ACP-EC  Partnership  Agreement3,  and  in  particular 
Article 3 thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

The  essential  elements  referred  to  in  Article  9  of  the  Cotonou  Agreement  have  been 
violated. 

On  8 December  2009  and  26 May  2010,  pursuant  to  Article  96  of  the  Cotonou 
Agreement, consultations were held with the ACP States and Niger. At the last round 
of  consultations  the  representatives  of  the  transitional  government  put  forward 
satisfactory proposals and undertakings. 

HAS ADOPTED THIS DECISION: 

Consultations  with  the  Republic  of  Niger  under  Article  96  of  the  Cotonou  Agreement  are 
hereby concluded. 

Article 1 

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OJ L 317, 15.12.2000, p. 3. 
OJ L 287, 28.10.2005, p. 4. 
OJ L 317, 15.12.2000, p. 376, as amended in OJ L 247, 9.9.2006, p. 48. 

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The measures set out in the annexed letter are hereby adopted as appropriate measures under 
Article 96(2)(c) of the Cotonou Agreement. 

Article 2 

Article 3 

This  Decision  shall  enter  into  force  on  the  day  of  its  adoption.  It  shall  be  published  in  the 
Official Journal of the European Union. 

It shall remain in force for a period of 12 months. It will be reviewed at least every six months 
by means of a monitoring mission of the European Union 

Done at Brussels, […] 

For the Council 
The President 

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ANNEX 

Draft letter 

President of the Supreme Council for Restoration of Democracy 
The Prime Minister 

Sirs, 

The  European  Union  finds  that  the  political  crisis  your  country  underwent  in  2009  and  the 
coup  d'état  of  18 February  2010  constituted  a  serious  violation  of  the  essential  elements 
referred  to  in  Article  9  of  the  Cotonou  Agreement.  In  a  Presidency  statement  on  …,  the 
European  Union  roundly  condemned  the  coup  as  being  in  contradiction  with  the  very 
principles of democracy. In application of Article 96 of the Cotonou Agreement, the European 
Union  invited  the  Niger  authorities  to  hold  consultations  in  Brussels  and  has  engaged  in  a 
political dialogue with the ruling regime in order to study the situation and possible solutions. 
The  consultations  opened  on  8 December  2009  and  a  second  round  took  place  on  26 May 
2010. Following that meeting the EU representatives expressed their willingness to propose to 
the EU Council appropriate measures to support the transition under way in Niger towards a 
return to constitutional order, as announced by the Niger authorities. 

During  the  meeting  on  26 May  the  participants  discussed  how  to  organise  a  return  to 
constitutional rule and the establishment of a democratic government elected through free and 
transparent elections. Niger also presented a memorandum on the stages and issues at stake in 
the transition. The EU noted the announcement of: 

–  the  establishment  of  pluralist  institutions  for  the  transition,  representing  all  political 

elements in Niger; 

–  the consensual adoption of an electoral code;  

–  the establishment of a National Independent Election Commission (CENI). 

It also welcomed the adoption of a roadmap which, by means of a number of electoral steps, 
paves  the  way  for  the  establishment  of  a  new  constitutional  framework  and  new 
democratically elected authorities. Finally, the EU noted the commitment made by members 
of the Supreme Council for Restoration of Democracy (CSRD) and the civilian government 
established in February 2010 to manage the transition, not to stand for election and to hand 
over  power  to  the  elected  civilians  at  the  end  of  the  transitional  period,  planned  for  March 
2011. 

The  European  Union  noted  the  following  proposals  put  forward  by  Niger  during  the 
discussions, in particular the following undertakings which it considers especially important: 

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the adoption of basic texts by the CSRD;  

the organisation of a constitutional referendum on the basis of those texts; 

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6. 

the holding of local, parliamentary and presidential elections by March 2011; 

respect  for  fundamental  rights  and  civil  liberties,  including  freedom  of  action  for 
political parties; 

the  decriminalisation  of  press  offences  and  a  guarantee  of  independence  for 
regulatory bodies and of access to information; 

a  commitment  to  sound  economic  and  financial  management  throughout  the 
transition. 

The  European  Union  found  the  undertakings  made  by  Niger  broadly  encouraging  It  has 
therefore decided to adopt the appropriate measures listed in the annexed commitments table 
under  Article 96(2)(c)  of  the  Cotonou  Agreement  with  a  view  to  the  gradual  resumption  of 
cooperation in order to assist in the transition. 

In  particular,  the  European  Union  will  continue  to  finance  humanitarian  and  emergency 
operations  in  direct  support  of  the  people  of  Niger  and  measures  to  support  the  political 
transition and help end the crisis. In this context, note that fresh aid for the preparation of the 
parliamentary and presidential elections may be provided. 

However,  the  European  Commission  reserves  the  right,  where  necessary,  to  take  over  the 
duties of the EDF National Authorising Officer on its own account. 

As  part  of  the  procedure  under  Article 96  of  the  Cotonou  Agreement,  the  European  Union 
will continue to monitor the situation in Niger closely over a period of 12 months. During this 
period an enhanced dialogue will be pursued with the Niger Government under Article 8 of 
the Cotonou Agreement in order to support the transition process, and regular reviews will be 
conducted  by  the  EU.  The  first  monitoring  mission  will  take  place  within  no  more  than  six 
months. 

The  European  Union  reserves  the  right  to  amend  the  'appropriate  measures'  in  the  light  of 
progress in the implementation of commitments. 

The EU will also wish to hold, under Article 8 of the Cotonou Agreement, a regular political 
dialogue  with  the  new  government  formed  after  the  elections,  particularly  on  the  subject  of 
reforms in the field of political, judicial and economic governance and reforms in the security 
sector. 

We have the honour to be, Sirs, yours faithfully, 

For the Council, 

For the Commission,  

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Niger 

•  Current situation 

Annex: Schedule of commitments 

Commitments by partners 

EU 

•  The  European  Union  will  continue  to  finance  humanitarian  and  emergency  operations  in 
direct support of the people of Niger and measures to assist in the political transition and in 
ending the crisis 

•  Consensual  adoption  of  an  electoral  code 
(with  the  favourable  opinion  of  the  National 
Consultative Council) 

•  Resumption  of  the  project  Consolidation  of  Democracy,  in  particular  the  component  for 
electoral support, and its extension until the forthcoming polls. The Financing Agreement is 
in force. 

•  Establishment  of  the  Independent  National 
Electoral  Commission  with  a  consensually 
chosen  membership  (with  the  favourable 
opinion of the National Consultative Council)

•  Processing  of  a  request  from  the  authorities  to  increase  the  financial  allocation  for  the 

Financing Agreement for 'Electoral Support'  

•  Renewal  of  institutional  support  for  reforms  in  the  field  of  public-finance  management, 
including  support  for  the  Court  of  Auditors,  with  the  aim  of  maintaining  eligibility  for 
budgetary support 

•  Resumption of the support programme for justice and the rule of law (PAJED) 

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•  Adoption  of  the  proposed  basic  laws  by  the 
Supreme  Council  for  the  Restoration  of 
Democracy (with a favourable opinion of the 
National Consultative Council) 

•  Reintroduction for approval of projects to support trade and the national statistics system 

•  Resumption  of  the  appraisal  of  10th  EDF  NIP  programmes  (justice,  decentralisation,  rural 

development, etc.) and launch of the necessary studies   

•  Displaying  of  electoral  rolls  (in  order  to 

•  Retention  of  the  remaining  balances  of  the  Financing  Agreement  on  9th  EDF  budgetary 

update the electoral register) 

support 

•  Decriminalisation of press offences 

•  Launching  of  study  to  identify  measures  to  support  the  stabilisation  of  the  situation  in  the 

North 

•  Start-up of support for the Rural Development Strategy (10th EDF) 

•  Resumption of the Support Programme for Development of the Mining Sector  

•  Holding  of  constitutional  referendum  in 

•  Gradual disbursement of budgetary support (9th and 10th EDFs)  

conditions deemed satisfactory 

•  Resumption of tender procedure for 10th EDF-financed road maintenance  

•  Resumption  of  tender  procedure  for  the  extension  of  the  Arlit  hospital  (mining  sector 

programme) 

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•  Holding  of parliamentary  elections  and  the 
first  round  of  presidential  elections  in 
conditions deemed satisfactory 

•  Continued disbursements of the budgetary support already committed 

•  Signing of Financing Agreements for the projects to support trade and the national statistics 

system 

•  Holding of the second round of presidential 
satisfactory 

(if  necessary) 

in 

elections 
conditions 

•  Resumption of cooperation activities across the board 

•  Inaugural  sitting  of 

the  new  National 

Assembly 

•  Inauguration of the President of the Republic 

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