COUNCIL DECISION extending Decision 2010/371/EU concerning the conclusion of the consultation procedure with the Republic of Madagascar under Article 96 of the ACP-EU Partnership Agreement Proposal for a COUNCIL DECISION extending Decision 2010/371/EU concerning the conclusion of the consultation procedure with the Republic of Madagascar under Article 96 of the ACP-EU Partnership Agreement
Date: 2011-05-16
Institutions: European Commission
Subjects: ACP countries, EU relations, Madagascar, cooperation agreement (EU), democracy, political cooperation, rule of law

EUROPEAN COMMISSION 

Brussels, 16.5.2011 
COM(2011) 265 final 

2011/0114 (NLE) 

Proposal for a 

COUNCIL DECISION 

extending Decision 2010/371/EU concerning the conclusion of the consultation 
procedure with the Republic of Madagascar under Article 96 of the ACP-EU 
Partnership Agreement 

 
 
  
 
EXPLANATORY MEMORANDUM 

On  7  June  2010,  the  Council  of  the  European  Union  decided  to  take  appropriate  measures1 
against Madagascar following the conclusion of the consultations held under Article 96 of the 
ACP-EU Partnership Agreement. The decision, which was adopted for a period of 12 months, 
expired on 6 June 2011. 

The  appropriate  measures  adopted  by  Decision  2010/371/EU  include  the  suspension  of 
budgetary  support,  of  the  implementation  of  the  10th  EDF  National  Indicative  Programme 
and of the activities and payments directly involving the Government and its agencies under 
the  9th  EDF.  They  also  involved  the  take-over  of  the  functions  of  National  Authorising 
Officer  for  the  EDF.  They  do  not  affect  contributions  to  humanitarian  operations  or  certain 
projects directly benefiting the population.  

Since the adoption of the Decision, national political dialogue has been picking up speed and 
mediation  by the  SADC  has resumed, with the submission of  a  roadmap  charting  a neutral, 
consensus-based  transition  process  to  help  Madagascar  find  a  way  out  of  the  crisis.  This 
transition  should  result  in  free,  credible  elections  that  will  restore  constitutional  order  in 
Madagascar. The roadmap was initialled on 9 March 2011 by the High Transitional Authority 
and  all  the  other  political  parties  taking  part  in  the  negotiations,  with  the  exception  of  the 
factions of former Presidents Ratsiraka, Zafy and Ravalomanana. 

A summit of the Troika of the SADC Organ, meeting in Livingstone on 31 March 2011, took 
note  of  the  drafting  of  this  roadmap  and  undertook to consolidate  and protect achievements 
but  fell  short  of  endorsing  the  content,  recommending  that  an  Extraordinary  Summit  of  the 
SADC be convened to discuss it in depth.  

Endorsement  of  the  roadmap  by  the  SADC  would  possibly  lead  to  endorsement  by  the 
African  Union  and  subsequently  by  the  international  community,  including  the  European 
Union. 

Since  the  roadmap  has  not  been  endorsed  at  this  juncture  and  there  has  therefore  been  no 
substantial progress in the consensus-based transition process to restore constitutional order, 
extending the period of application of the decision for 12 months would be justified, subject 
to regular reviews during this period. 

In  order  to  convey  a  signal  from  the  EU  to  encourage  our  Madagascar  partners  to  intensify 
their  efforts  to  reach  agreement,  it  is  proposed  that  another  letter  (annexed  to  this 
Communication)  be  sent  to  the  Madagascar  authorities  stating  that  the  EU  undertakes  to 
provide  political  and  financial  support  to  any  consensus-based  transition  arising  from  the 
implementation  of  a  roadmap  endorsed  by  the  SADC,  the  AU  and  the  international 
community.  However,  given  that  the  decision  proposes  only  an  extension  of  the  existing 
appropriate measures without amending the substance, it is not necessary to amend the Annex 
to  Decision  2010/371/EU.  Neither  is  there  any  point  at  this  stage  in  reopening  the 
consultations  started  with  the  Republic  of  Madagascar  under  Article  96  of  the  ACP-EU 
partnership agreement. 

1 

OJ L 169, 3.7.2010, p. 13. 

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2011/0114 (NLE) 

Proposal for a 

COUNCIL DECISION 

extending Decision 2010/371/EU concerning the conclusion of the consultation 
procedure with the Republic of Madagascar under Article 96 of the ACP-EU 
Partnership 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 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  20002  and  revised  in 
Luxembourg  on  25 June  20053  (the  ACP-EU  Partnership  Agreement),  and  in  particular 
Article 96 thereof, 

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-EU  Partnership  Agreement4,  and  in  particular 
Article 3 thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

The essential elements referred to in Article 9 of the ACP-EU Partnership Agreement 
have been violated.  

On  6  July  2009,  under  Article  96  of  the  ACP-EU  Partnership  Agreement, 
consultations  were  started  with  Madagascar  in  the  presence  of  representatives  of  the 
African, Caribbean and Pacific (ACP) Group of  States, during which representatives 
of  the  High  Transitional  Authority  failed  to  present  satisfactory  proposals  or 
undertakings. 

(3)  Major efforts have been made in terms of mediation by the SADC and all the political 
parties in order to find a solution to the political crisis, in particular the negotiation of 
a  roadmap,  proposed  by  the  SADC  mediators,  charting  a  consensus-based  transition 
process  with  a  view  to  holding  free,  credible  elections  that  would  permit  a  return  to 
constitutional order. 

2 
3 
4 

OJ L 317, 15.12.2000, p. 3. 
OJ L 287, 28.10.2005, p. 1. 
OJ L 317, 15.12.2000, p. 376. 

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(4) 

However,  twelve  months  have  elapsed  and  the  European  Union  must  now 
acknowledge  that,  despite  these  efforts,  the  roadmap  has  not  yet  been  signed  by  the 
parties  involved  or  endorsed  by  the  SADC,  the  African  Union  or  the  international 
community. This makes it impossible, for the moment, to envisage a consensus-based 
transition  for  a  return  to  constitutional  order,  which  is  essential  to  amend  the 
appropriate measures in force. 

(5) 

The  period  of  application  of  Decision  2010/371/EU  expires  on  6  June  2011.  In  the 
light  of  the  situation  described  above,  it  should  be  extended  for  one  year,  subject  to 
regular review during this period. 

HAS ADOPTED THIS DECISION 

Decision 2010/371/EU is amended as follows: 

Article 1 

In Article 3, the second sentence shall be replaced by the following: "It shall remain in force 
until 6 June 2012 subject to regular review during this period". 

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

Article 2 

Article 3 

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

Done at Brussels,  

For the Council 
The President 

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ANNEX 

Brussels, 

DRAFT LETTER TO THE PRESIDENT OF THE HIGH TRANSITIONAL AUTHORITY 

Sir, 

The  European  Union  attaches  the  utmost  importance  to  the  provisions  of  Article  9  of  the 
ACP-EU 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 16 June 2010, the European Union informed you of its Decision 2010/371/EU of 
7 June 2010 to conclude the consultations held under Article 96 of the ACP-EU Partnership 
Agreement and to take "appropriate measures" within the meaning of Article 96(2)(c) of that 
Agreement. 

The European Union is aware that all the political parties have made efforts since that date to 
find  a  solution  to  the  political  crisis  afflicting  your  country.  It  notes  with  great  interest  the 
developments in the negotiations on a roadmap produced by the SADC mediators, charting a 
neutral,  consensus-based  transition  process  to  help  Madagascar  find  a  way  out  of  the  crisis, 
which  should  result  in  free,  credible  elections  that  would  permit  a  return  to  constitutional 
order. 

However, twelve months have elapsed and the European Union must now acknowledge that, 
despite these efforts, the roadmap has not yet been signed by the parties involved or endorsed 
by the SADC, the African Union or the international community. This makes it impossible, 
for the moment, to envisage a consensus-based transition for a return to constitutional order, 
which is essential to amend the appropriate measures in force. 

In  the  light  of  the  above,  the  European  Union  has  decided  to  extend  the  application  of 
Decision 2010/371/EU until 6 June 2012. 

The European Union would like to emphasise that it is quite willing to provide political and 
financial  support  to  any  consensus-based  transition  arising  from  the  implementation  of  a 
roadmap  endorsed  by  the  SADC,  the  AU  and  the  international  community.  Moreover,  it 
attaches prime importance to such support with a view to ending the lengthy political crisis 
which  is  having  an  increasingly  serious  economic  and  social  impact  on  the  people  of 
Madagascar. 

Yours faithfully, 

For the European Union 

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