Proposal for a COUNCIL DECISION amending and extending the application period of Decision 2010/371/EU of 7 June 2010 concerning the conclusion of consultations with the Republic of Madagascar under Article 96 of the ACP-EC Partnership Agreement
Date: 2011-11-15
Institutions: European Commission
Subjects: Cotonou Agreement, Madagascar, economic sanctions, political crisis

EUROPEAN COMMISSION 

Brussels, 15.11.2011 
COM(2011) 757 final 

2011/0343 (NLE) 

Proposal for a 

COUNCIL DECISION 

amending and extending the application period of Decision 2010/371/EU of 7 June 2010 
concerning the conclusion of consultations with the Republic of Madagascar under 
Article 96 of the ACP-EC Partnership Agreement 

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EXPLANATORY MEMORANDUM 

On  7  June  2010  the  Council  of  the  European  Union  decided  to  take  appropriate  measures 
against Madagascar for a period of 12 months following the conclusion of the consultations 
held under Article 96 of the ACP-EU Partnership Agreement (Decision 2010/371/EU1). That 
decision was extended until 6 December 2011 by Council Decision 2011/324/EU of 30 May 
20112. 

The  appropriate  measures  adopted  with  Decision  2010/371/EU  include  the  suspension  of 
budgetary support, of implementation of the 10th EDF National Indicative Programme and of 
9th  EDF  activities  and  payments  directly  involving  the  government  and  its  agencies.  They 
also  involved  the  Commission’s  taking  over  the  functions  of  EDF National  Authorising 
Officer.  The  measures  did  not  affect  contributions  to  humanitarian  operations  or  certain 
projects directly benefiting the local population.  

The mediation efforts undertaken by the Southern African Development Community (SADC) 
throughout the crisis with the support of the AU, the EU and other international partners, have 
produced  a  roadmap  to  help  Madagascar  find  a  way  out  of  the  crisis  which  was  signed  by 
most  of  Madagascar’s  leading  political  stakeholders  on  17 September  2011.  This  document 
sets out the commitments entered into by the signatories with a  view to a  neutral, inclusive 
and consensus-based transition process leading to the holding of credible, free and transparent 
elections and the return to constitutional order in Madagascar.  

The signing of the roadmap is an important first step but one that needs to be backed up by 
speedy and effective implementation in accordance with the milestones set out in the roadmap 
itself. If this happens, the Union should be prepared to support the transition process, as it said 
it  would  throughout  the  crisis,  and,  as  long  as  the  process  advances  constructively,  it  might 
also take measures for the gradual resumption of our development cooperation.  

In  view  of  these  encouraging  developments  and  to  avoid  a  legal  vacuum  after  6 December 
2011,  the  appropriate  measures  set  out  in  the  annex  to  Council  Decision  2010/371/EU  of 
7 June 2010 should be amended and their validity extended for twelve months.  

In  order  to  send  a  clear  signal  from  the  Union  that  will  encourage  the  Malagasy  authorities 
and  all  stakeholders  in  the  roadmap  to  redouble  their  efforts  to  implement  it,  it  is  proposed 
that another letter be sent to the interim President informing him of this decision and setting 
out  in  a  schedule  of  mutual  commitments  the  measures  that  the  EU  undertakes  to  adopt  as 
soon  as  the  Malagasy  party  has  fulfilled  its  commitments  in  terms  of  the  key  transition 
milestones or of those that may emerge by agreement in the course of any political dialogue 
between the two parties.  

The decision to be adopted may be reviewed at any time, making it possible to amend it in the 
light of political developments and progress or otherwise in implementation of the roadmap. 

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2 

OJ L 169, 3.7.2010, p. 13. 
OJ L 146, 1.6.2011, p. 2. 

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2011/0343 (NLE) 

Proposal for a 

COUNCIL DECISION 

amending and extending the application period of Decision 2010/371/EU of 7 June 2010 
concerning the conclusion of consultations with the Republic of Madagascar 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, 

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 20003, and revised in Ouagadougou, 
Burkina  Faso,  on  22  June  20104,  hereinafter  referred  to  as  ‘the  ACP-EC  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-EC  Partnership  Agreement5,  and  in  particular 
Article 3 thereof, 

Having regard to the proposal from the European Commission, 

In  agreement  with  the  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security 
Policy, 

Whereas: 

(1) 

(2) 

Decision  2010/371/EU  of  7  June  20106  concerning  the  conclusion  of  consultations 
with  the  Republic  of  Madagascar  under  Article  96  of  the  ACP-EU  Partnership 
Agreement was adopted in order to implement appropriate measures in response to the 
violation of the essential elements referred to in Article 9 of the Agreement.  

These  measures  were  extended  until  6 December  2011  by  Decision  2011/324/EU  of 
30 May  20117  since,  after  twelve  months,  no  road  map  for  a  consensus-based 
transition  had  been  signed  by  the  Malagasy  parties  or  endorsed  by  the  Southern 
African  Development  Community  (SADC),  the  African  Union  or  the  international 
community. 

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5 
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7 

OJ L 317, 15.12.2000, p. 3. 
OJ L 287, 4.11.2010, p. 3.  
OJ L 317, 15.12.2000, p. 376. 
OJ L 169, 3.7.2010, p. 13. 
OJ L 146, 1.6.2011, p. 2. 

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(3) 

(4) 

(5) 

Thanks  to  major  efforts  by  all  Malagasy  political  parties  and  the  mediation  of  the 
SADC,  a  roadmap  to  end  the  crisis  in  Madagascar  was  signed  by  most  of 
Madagascar’s  leading  political  stakeholders  on  17 September  2011.  This  roadmap 
outlines  the  commitments  entered  into  by  the  signatories  with  a  view  to  a  neutral, 
inclusive and consensus-based transition process leading to the holding of transparent, 
free and credible elections and the return to constitutional order in Madagascar.  

Accordingly,  the  appropriate  measures  should  be  amended  so  that  the  Union  can 
support  the  transition  process,  on  condition  that  the  Malagasy  side  fulfils  its 
commitments in terms of the key transition milestones or of those that may emerge by 
agreement in the course of any political dialogue between the  Malagasy government 
and the European Union.  

The  period  of  application  of  Decision  2010/371/EU,  as  amended  by  Decision 
2011/324/EU, expires on 6 December. The appropriate measures as amended by this 
Decision should be applicable for twelve months, subject to their regular review over 
this period, 

HAS ADOPTED THIS DECISION 

Article 1 

Decision 2010/371/EU, as extended by Decision 2011/324/EU, is hereby amended as follows: 

1)  the  measures  set  out  in  the  letter  at  annex  to  Decision  2010/371/EU  of  7 June  2010  are 
replaced by the measures set out at annex to this Decision; 

2) in Article 3 of Decision 2010/371/EU the second sentence is replaced by the following: ‘It 
shall remain in force until 6 December 2012, subject to regular review during this period’. 

Article 2 

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

Done at Brussels,  

For the Council 
The President 

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ANNEX  

Brussels, 

DRAFT LETTER TO THE INTERIM PRESIDENT 

Sir, 

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 16 June 2011 the European Union informed you of its Decision 2011/324/EU of 
30 May  2011  to  extend  until  6 December  2011  the  appropriate  measures  adopted  on  7 June 
2010 under Article 96(2)(c) of that Agreement. 

Since that date the European Union has monitored closely developments in your country and 
actively  supported  the  mediation  efforts  brokered  by  the  Southern  African  Development 
Community  (SADC)  and  other  African  partners,  which  finally  led  to  the  signing  on 
17 September  2011  of  the  roadmap,  as  amended  following  the  SADC  summit  on  11  to 
12 June 2011. 

The  European  Union  welcomes  the  signing  of  the  roadmap,  noting  that  it  remains  ready  to 
support the transition process politically and financially should it be called on to do so by the 
SADC and the African Union, and in close cooperation with the international community. 

This  commitment  of  the  European  Union  is  subject  to  the  Malagasy  party’s  fulfilling  the 
commitments set out below: 

Commitments of the Malagasy party  

Commitments of the European Union 

Signing of the roadmap  

(welcoming 

Statement  by  the  spokesperson  of  HR/VP 
Ashton 
and 
expressing  willingness  to  offer  political  and 
financial  support  for  implementation  of  the 
transition, subject to its being carried out). 

signing 

the 

Initial high-level contacts with the Malagasy 
authorities (visit of 2 Malagasy ministers). 

Identification/formulation  of  programmes 
financed  under  the  10th  EDF  and  budget 
lines  to  support  vulnerable  sections  of  the 
population.  

Identification  of  development  cooperation 
programmes  and  programmes  to  support 
the  transition  process  under  the  10th  EDF 
and budget lines. 

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Consensually  appointed  prime  minister 
and government of national unity.  

of 

the 
interim 

of 
Recognition 
and 
Madagascar’s 
government,  opening 
the 
presentation  of  credentials  by  the  Union’s 
ambassador to Madagascar.  

legitimacy 
President 

the  door 

to 

Convening  of  the  first  political-dialogue 
meeting  under  Article 8  of  the  Cotonou 
Agreement  (discussion  on  the  terms  and 
conditions 
resuming 
cooperation).  

gradually 

for 

the  first  steps  of 

Consultation  with  the  SADC  and  the  AU 
on their support for the transition (to underpin 
the  roadmap  and 
its 
implementation)  and/or  convening  of  the 
International 
on 
Contact 
Madagascar,  Union’s  affirmative  response 
to  and  active  participation  in  coordinating 
the international community’s joint response. 

Group 

National 

Setting  up  a  transitional  parliament  and 
Independent 
Electoral 
Commission 
(CENI)  and  drafting  and 
implementing  with  UN  support  (electoral 
report)  a  credible  electoral 
evaluation 
framework.  

Formulation  of  development  cooperation 
programmes  and  programmes  to  support 
the  transition  under  the  10th  EDF  and 
budget lines.  

the  report  of 

the  UN  electoral 
If 
assessment  mission  is  deemed  satisfactory 
and the electoral timetable realistic: 

• 

Inclusion of Madagascar in the list of 
priority countries for an EU Election 
Observation Mission in 2012, so 
confirming the Union’s willingness to 
send an EU Election Observation 
Mission, depending on available funds 
and following an exploratory mission.  

•  Identification and formulation of 
electoral support measures using 
various instruments, in particular the 
Stability Instrument, taking into account 
available financial resources. 

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and 
to 

Adoption of an amnesty law ratified by the 
by 
interim  Parliament 
Parliament  of  a 
the 
law 
conditions  for  implementing  the  resignation 
of  the  interim  President,  the  Prime  Minister 
and  members  of  the  government  if  they 
decide to stand for election.  

adoption 
lay  down 

Second  political-dialogue  meeting  under 
the  Cotonou  Agreement 
Article 8  of 
(continuing  the  discussion  on  the  terms  and 
conditions 
resuming 
cooperation). 

gradually 

for 

Identification/formulation  of  measures  to 
support 
and 
democratisation. 

reconciliation 

national 

Holding of parliamentary and presidential 
elections.  

Sending  an  EU  Election  Observation 
Mission, depending on available funds.  

Proclamation  of  the  election  results  and 
return to constitutional order. 

President,  Government 
New 
Parliament take up their functions. 

and 

Statement by HR/VP Ashton on the conduct 
and  results  of  the  elections;  assessment  of 
their credibility.  

If  the  outcome  is  favourable,  start  of  the 
procedure for repealing the decision under 
Article 96  of  the  Cotonou  Agreement  and 
the  European  Commission’s  decision  to  take 
over the functions of NAO. 

Implementation  of  measures  to  resume 
development cooperation (EDF and budget 
lines). 

Union  statement  by  HR/VP  Ashton  and 
Commissioner  Piebalgs  welcoming 
the 
return  to  constitutional  order  and  confirming 
the  full  normalisation  of  EU-Madagascar 
relations 
resumption  of 
complete 
and 
development cooperation. 

Repeal  of  the  decision  under  Article  96  of 
the  Cotonou  Agreement  and  the  European 
Commission’s  decision  to  take  over  the 
functions of the NAO. 

We urge you and all Malagasy political stakeholders to persevere in your efforts to implement 
the  roadmap  as  soon  as  possible  so  that  the  EU  can  support  a  consensus-based,  neutral 
transition process to help Madagascar emerge from the crisis, a process that should lead to the 
holding of free and credible elections paving the way to a return to constitutional order. 

In view of the above, the European Union has decided to replace the measures set out in the 
letter  at annex to Decision 2010/371/EU of 7 June  2010, which was sent to  you on 16 June 
2010, and replace them with the following appropriate measures: 

- 

Humanitarian and emergency aid is not affected. 

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- 

- 

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- 

- 

The  European  Commission  may  implement  certain  projects  and  programmes  that 
directly benefit the population. 

Budgetary aid provided for in the 9th and 10th EDF NIPs shall remain suspended. 

Projects and programmes already under way under the 9th EDF shall continue to be 
implemented,  except  for  activities  and  payments  directly  involving  the  government 
and  its  agencies;  a  revision  may  be  possible  in  the  light  of  developments  in  the 
political  situation.  Amendments  and  addendums  to  current  contracts  shall  be 
examined on a case-by-case basis.  

Regional projects shall be evaluated on a case-by-case basis. 

The  implementation  of  the  10th  EDF  NIP  is  subject  to  the  Malagasy  party’s 
fulfilment  of  the  commitments  set  out  in  the  above  schedule;  fulfilment  of  these 
commitments  will  find  a  response  from  the  European  Union,  which  will  gradually 
implement  support  programmes  for  the  local  population,  support  for  the  transition 
and, finally, fully resume development cooperation with Madagascar.  

These measures will remain in force for 12 months but may be reviewed at any moment in the 
light of positive or negative developments in the political situation in Madagascar. 

Yours sincerely, 

For the European Union 

Catherine ASHTON 

Andris PIEBALGS 

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