Proposal for a COUNCIL DECISION amending the appropriate measures laid down by Decision 2009/618/EC of 27 July 2009 concerning the conclusion of consultations with the Republic of Guinea under Article 96 of the ACP-EC agreement and repealing the aforementioned Decision.
Date: 2011-06-27
Institutions: European Commission
Subjects: ACP countries, Cotonou Agreement, Guinea, cooperation agreement, democracy, fundamental rights, human rights

EUROPEAN COMMISSION 

Brussels, 27.6.2011 
COM(2011) 392 final 

2011/0173 (NLE) 

Proposal for a 

COUNCIL DECISION 

amending the appropriate measures laid down by Decision 2009/618/EC of 27 July 2009 
concerning the conclusion of consultations with the Republic of Guinea under Article 96 
of the ACP-EC agreement and repealing the aforementioned Decision. 

 
 
  
 
EXPLANATORY MEMORANDUM 

On 16 March 2009 the European Union decided to open consultations with the Republic of 
Guinea  under  Article  96  of  the  ACP-EC  Agreement  because  it  considered  that  the  military 
coup  d'état  of  23  December  2008  in  Guinea  and  the  seizure  of  power  by  a  military  junta, 
which  formed  a  National  Council  for  Democracy  and  Development  (CNDD)  under  the 
leadership of Captain Moussa Dadis Camara, constituted a particularly serious and manifest 
violation of the essential elements of Article 9 of the aforementioned Agreement.  

By a letter dated 19 March 2009, the representatives of the military junta in power and of the 
transitional  government  were  invited  to  consultations  with  the  European  Union,  which 
commenced on 29 April 2009 in Brussels.  

During  this  meeting  Guinea  presented  a  roadmap  for  a  return  to  constitutional  rule  and  the 
establishment of a democratic government elected through free and transparent parliamentary 
and presidential elections.  

To  support  this  process,  on  27  July  2009  the  European  Union,  by  Council  Decision 
2009/618/EC,  adopted  the  following  appropriate  measures  under  Article  96(2)(c)  of  the 
Cotonou Agreement: 

"1.  The  European  Union  will  continue  to  finance  humanitarian  and  emergency  actions  in 
direct support of the people of Guinea, to assist in the political transition and in finding a way 
out  of  the  crisis.  Note  that  further  support  for  the  preparation  of  the  parliamentary  and 
presidential elections could be provided, in particular  through  mobilisation  of  the  10th  EDF 
B envelope  and,  if  an  invitation  is  received  in  due  course  from  the  Guinean  authorities, 
through the sending of an election observation mission.  

2.  The  precautionary  measures  adopted  for  ongoing  programmes  and  projects  under  the  9th 
and earlier EDFs, excluding projects for the rehabilitation of public buildings and to support 
decentralisation,  will  be  lifted  as  soon  as  a  National  Council  for  Transition  is  effectively  in 
place, with its mandate, powers and composition agreed by the stakeholders of the transition 
in Guinea. 

3.  The  precautionary  measures  adopted  for  ongoing  programmes  and  projects  under  the  9th 
and  earlier  EDFs  will  be  completely  lifted  on  publication  of  the  electoral  roll  and  of  the 
decree setting the dates for the election and for the official opening of the election campaign. 

4. The continuation of the International Monetary Fund (IMF) programme and the resumption 
of the debt relief process under the HIPC (heavily indebted poor countries) initiative could be 
supported  by  a  contribution  of  around  EUR 8 million  from  the  European  Union  to  clear 
arrears of EDF loans managed by the European Investment Bank (EIB) through the 10th EDF 
'B' envelope. This support can be mobilised once the filing of nominations for the presidential 
election is officially closed and it is confirmed that the President and members of the CNDD 
and the Prime Minister of the transitional government are not standing. 

5. The Country Strategy Paper and National Indicative Programme (CSP/NIP) for Guinea, for 
an indicative total of EUR 237 million, may be signed once the parliamentary and presidential 
elections have been held and the members of the National Assembly appointed. A mid-term 
review  of  the  10th  EDF,  the  conclusions  of  which  are  scheduled  for  2010,  will  analyse  the 
implementation performance and might agree to a reassessment of Guinea's allocation."  

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The decision of 27 July 2009 also provides for the European Union to monitor the situation in 
Guinea  for  a  24-month  period.  During  that  period,  to  assist  in  the  transition,  an  enhanced 
dialogue  was  pursued  with  the  Guinean  Government  under  Article 8  of  the  Cotonou 
Agreement in the areas of political, judicial and economic governance.  

Decision 2009/618/EC also provides for regular reviews of the Decision on the  basis  of  the 
conclusions  of  the  periodic  monitoring  missions  and  for  the  European  Union  to  amend  the 
appropriate  measures  in  the  light  how  the  undertakings  set  out  in  the  roadmap  are  being 
implemented, in particular those described in the section on "Human rights, rule of law and 
governance".  

Since  the  adoption  by  the  Council  of  Decision  2009/618/EC,  Guinea  has  made  significant 
progress in implementing this roadmap. By letters from Commissioner Piebalgs dated 7 April, 
31 May and 10 September 2010, Guinea was informed that the EU considered the first three 
milestones  to  have  been  achieved.  The  measures  concerning  the  9th  and  earlier  EDFs  were 
therefore lifted. This progress also opened up the possibility of opening the procedure to clear 
Guinea's arrears of EIB-managed EDF loans with the continuation of the IMF programme and 
the resumption of the debt relief process under the HIPC initiative. 

Since the adoption of Decision 2009/618/EC, two EU monitoring missions have been sent to 
Conakry. The first of these, in March 2010, noted some progress in the roadmap (achievement 
of the first milestone and partial achievement of the second). A  second  EEAS  mission  took 
place  on  3-4  March  2011  in  the  context  of  recent  positive  developments  in  the  political 
situation in Guinea after the election of a legitimate President on 21 December 2010 and the 
subsequent appointment of a new Government following presidential elections, the first open 
and competitive elections since the country gained independence, marking a crucial stage in 
the transition to democratic legitimacy. One of the objectives of this mission was to assess the 
relevance  of  the  roadmap  in  the  new  political  context.  There  is  one  last  milestone  to  be 
achieved, which in its current form requires free and transparent elections to be held and the 
deputies to take office before the 10th EDF CSP/NIP with Guinea can be signed.  

The mission noted the following progress in human rights, rule of law and governance:  

• 

• 

• 

• 

Good  progress  has  been  made  in  the  return  to  constitutional  rule  with  the 
appointment of a president appointed as a result of free and transparent elections and 
the appointment of a civil government. 

There  has  been  some  significant  progress  in  the  protection  of  human  rights:  the 
persons  arrested  during  the  acts  of  violence  accompanying  the  2nd  round  of  the 
presidential elections have been freed; illegal prisons have been or are being closed; 
military barricades have been lifted. 

In  the  field  of  good  financial  governance,  fiscal  consolidation  measures  have  been 
taken and others are being drawn up.  

Since the beginning of 2011, work has resumed on reforms in the security sector, for 
example through the organisation by Guinea of a national seminar on security sector 
reform to be held in Conakry on 28-31 March.  

In the light of the findings and recommendations of the monitoring mission, the Commission, 
in agreement with the High Representative of the EU for foreign affairs and security policy, 

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proposes  to  the  Council  that  the  attached  Decision,  revising  the  appropriate  measures,  be 
adopted subject to the following conditions: 

- the signing of the programming documents and the mobilisation of funds for direct support 
to  the  people  of  Guinea  (basic  social  services)  are  conditional  upon  Guinea  providing  a 
detailed timetable (preliminary dates and stages) for the holding of parliamentary elections by 
the end of 2011, drawn up and validated by the competent authorities.  

-  financing  decisions  and  the  effective  implementation  of  the  remaining  10th  EDF 
projects/programmes  are  conditional  upon  the  holding  of  free  and  transparent  parliamentary 
elections.  

It is proposed to inform the Guinean authorities of this revision by sending the letter annexed 
hereto to the President, Alpha Condé, and the Prime Minister, Mohamed Saïd Fofana.  

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2011/0173 (NLE) 

Proposal for a 

COUNCIL DECISION 

amending the appropriate measures laid down by Decision 2009/618/EC of 27 July 2009 
concerning the conclusion of consultations with the Republic of Guinea under Article 96 
of the ACP-EC agreement and repealing the aforementioned Decision. 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having  regard  to  the  ACP-EC  Partnership  Agreement  signed  in  Cotonou  on  23  June  20001 
and revised in Ouagadougou on 23 June 20102, 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 a proposal from the Commission, in agreement with the High Representative 
for Foreign Affairs and Security Policy.  

Whereas: 

(1) 

(2) 

(3) 

(4) 

1 
2 
3 
4 

Guinea has made progress in implementing  the undertakings set out in the Annex to 
the Decision of 27 July 20094 concerning the conclusion of the consultation procedure 
with the Republic of Guinea under Article 96 of the Cotonou Agreement. Fulfilment 
of these undertakings is a condition for the lifting of the related measures. 

Guinea has made progress in the transition to the return to constitutional rule and the 
establishment  of  democracy  with  the  appointment  of  a  president,  following  free  and 
transparent elections, and a civil government. 

The  holding  of  presidential  elections  and  the  appointment  of  the  new  president 
constitute  the  partial  achievement  of  the  last  milestone  established  in  Decision 
2009/618/EC. 

The 4th and last milestone marking the end of the transition will not be achieved by 
27 July 2011, the date of expiry of Decision 2009/618/EC.  

OJ L 317, 15.12.2000, p. 3. 
OJ L 287, 4.11.2010, p. 3. 
OJ L 317, 15.12.2000, p. 376, as amended, OJ L 247, 9.9.2006, p. 48. 
OJ L 214, 19.8.2009, p.34. 

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(5) 

In  the  light  of  the  progress  made  in  the  return  to  constitutional  rule,  the  appropriate 
measures  should  therefore  be  updated  to  take  account  of  the  progress  achieved,  by 
adopting the present Decision and repealing Decision 2009/618/EC. 

HAS DECIDED AS FOLLOWS: 

Article 1 

The  appropriate  measures  adopted  by  Decision 2009/618/EC  pursuant  to  Article 96(2)(c)  of 
the Cotonou Agreement are hereby replaced by the new appropriate measures set out in the 
letter in the Annex. 

Article 2 

Decision  2009/618/EC  of  27  July  2009  concerning  the  conclusion  of  consultations  with  the 
Republic  of  Guinea  under  Article 96  of  the  ACP-EC  Partnership  Agreement  is  hereby 
repealed.  

Article 3 

This  Decision  shall  enter  into  force  on  the  date  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 shall be reviewed, if necessary, after an 
indicative period of six months in the light of the conclusions of an on-the-spot mission of the 
European Union.  

Done at Brussels,  

For the Council 
The President 

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ANNEX  

Draft letter 

Sir, 

The European Union welcomes the progress made by the Republic of Guinea in the return to 
constitutional rule following the peaceful conclusion of the presidential elections in 2010 and 
the inauguration of a legitimate President and a civil government. The presidential elections 
that  have  just  concluded  were  the  first  genuinely  open  and  competitive  elections  since  the 
country gained independence, marking a crucial stage in the return to democratic legitimacy.  

You are now facing the huge challenge of putting your country back on the path of stability 
and  economic  growth,  a  challenge  that  you  have  taken  up  by  adopting  an  ambitious 
programme  of  reforms.  The  Council  of  the  European  Union  is  aware  of  the  economic  and 
social difficulties facing Guinea and wishes to assist you in this last but important stage of the 
political transition. The Council has therefore decided to revise the conditions relating to the 
last stage of the resumption of cooperation between the European Union and the Republic of 
Guinea, namely the signing of the Country Strategy Paper and National Indicative Programme 
for Guinea for the 10th European Development Fund (EDF), which will cover the cooperation 
with Guinea until 2013.  

In  accordance  with  this  Decision,  the  European  Union  will  be  able  to  sign  the  Country 
Strategy  Paper  and  National  Indicative  Programme  (CSP/NIP)  with  Guinea  as  soon  as  they 
are  completed  and  after  the  Guinean  authorities  have  sent  a  formal  communication  to  the 
European  Union  with  a  detailed  timetable,  drawn  up  and  adopted  by  the  competent 
authorities, specifying the date and stages for holding parliamentary elections  by the end of 
2011.  

Once the CSP/NIP has been signed, the funds for direct support to the people of Guinea, to be 
assigned to basic social services, can be released. Technical appraisal of the other projects and 
programmes  referred  to  in  these  documents  may  also  be  carried  out,  but  no  funds  can  be 
released until free and transparent parliamentary elections have been held.  

The European Union considers that, although the presidential elections are fundamental in the 
transition  to  democracy,  the  parliamentary  elections  and  the  constitution  of  a  new 
democratically elected assembly are crucial for achieving the transition and establishing a full 
democratic  framework.  The  European  Union  remains  confident  that  the  parliamentary 
elections will be held by the last quarter of 2011 at the latest, as announced by the authorities, 
and  is  willing  to  provide  financial  support  for  the  organisation  of  the  elections  (for  an 
indicative amount of €5 million).  

The  European  Union  undertakes  to  hold  a  regular  political  dialogue  with  the  government 
under  Article  8  of  the  Cotonou  Agreement  concerning  the  essential  elements  of  this 
agreement,  in  particular  human  rights,  democratic  principles  and  the  rule  of  law,  and  also 
national reconciliation, an end to impunity and reforms in the areas of political, judicial and 
economic governance and the security sector. 

The  Government  of  the  Republic  of  Guinea  can  continue  to  count  on  the  support  and 
assistance  of  the  European  Union  on  its  ambitious  path  towards  a  return  to  sustainable 
economic growth and the welfare of its people.  

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Yours faithfully, 

Done at Brussels,  

For the European Union: 

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ANNEX: COMMITMENTS BY PARTNERS 

Guinea 

EU 

1.  Detailed  timetable  (preliminary  dates  and 
stages/preparatory  operations),  drawn  up  and 
adopted  by  the  competent  authorities,  for  the 
holding  of  parliamentary  elections  by  the  end 
of 2011. 

1.1  Signature  of  the  10th  EDF  CSP/NIP  once 
programming is completed.  

Technical 

1.2 
projects/programmes 
CSP/NIP. 

appraisal 

contained 

of 
in 

the 
this 

1.3  Release  of  funds  in  direct  support  of  the 
people of Guinea.  

2.  Holding 
parliamentary elections.  

of 

free 

and 

transparent 

2.1  Financing 
implementation  of 
projects/programmes. 

decisions 

effective 
the  other  10th  EDF 

and 

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