Proposal for a COUNCIL DECISION on adapting and extending the period of application of the appropriate measuresfirst established by Decision 2002/148/EC concluding consultations with Zimbabweunder Article 96 of the ACP-EC Partnership Agreement
Date: 2012-01-27
Institutions: European Commission
Subjects: ACP-EU Convention, Zimbabwe, election, political reform, renewal of an agreement

EUROPEAN COMMISSION 

Brussels, 27.1.2012 
COM(2012) 26 final 

2012/0012 (NLE) 

Proposal for a 

COUNCIL DECISION 

on adapting and extending the period of application of the appropriate measures 
first established by Decision 2002/148/EC concluding consultations with Zimbabwe 
under Article 96 of the ACP-EC Partnership Agreement 

 
 
  
 
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,  in  so  far  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  by  the  Government  of  Zimbabwe  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 nine occasions, on 18 February 20033, 19 February 20044, 17 February 20055, 14 
February  20066,  19  February  20077,  18  February  20088,  20  February  20099,  15 
February  201010  and  16  February  2011  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.  The  GPA  allowed  for  the 
establishment of the Government of National Unity (GNU), comprised of the leaders 
of each of the three parties, in February 2009.  

Cf.  Council  Decision  2002/148/EC  (OJ  L  50,  21.02.2002,  p.  64. Furthermore  (see  GAC  conclusions  of  18 February  2002)  the 
Council adopted targeted CFSP measures (Council Common Position 2002/145/CFSP and Council Regulation (EC) No310/2002 
concerning certain restrictive measures in respect of Zimbabwe, OJ L 50, 21.02.2002, pp. 1-12). 
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 decision; and end to illegal occupation of properties). 
OJ L 46, 20.02.2003, p. 25. 
OJ L 50, 20.02.2004, p. 60. 
OJ L 48, 19.02.2005, p. 28. 
OJ L 48, 18.02.2006, p. 26. 
OJ L 53, 22.02.2007, p. 23. 
OJ L 51, 26.02.2008, p. 19. 
OJ L 49, 20.02.2009, p. 15. 
OJ L 44, 16.02.2010, p. 20 

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6. 

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11. 

The  EU  supports  the  GNU  in  its  entirety  which  presently  constitutes  the  only 
political  framework  for  restoring  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, 
independence  of  the  media  etc.  Its  implementation  is  essential  for  the  conduct  of 
credible elections. 

Since February 2009, the GNU has taken effective steps for the economic and social 
stabilization  of  the  country.  While  the  implementation  of  political  reforms  remains 
slow, the overall situation, including political space and dialogue, keeps improving. 
Nevertheless,  the  transition  is  still  fiercely  resisted  by  those  who  have  the  most  to 
lose.  

Upon  request  of  the  Zimbabwean  Government,  a  Ministerial  Troika  took  place  on 
18-19  June  2009.  The  Zimbabwean  Delegation  to  Brussels  was  led  by  Prime 
Minister  Morgan  Tsvangirai.  On  this  occasion,  Article  8  political  dialogue  was 
launched and was subsequently followed-up by an EU Troika visit to Zimbabwe on 
11-12  September  2009.  The  objective  of  the  political  dialogue  is  to  progressively 
normalize  EU-Zimbabwe  relations  along  the  implementation  of  the  reforms 
necessary for democratic elections. Normalization of relations foresees the eventual 
lifting  of  Article  96  and  also  the  revision  of  the  Common  Foreign  and  Security 
Policy Common Position11.  

As part of the overall re-engagement process, steps were taken in 2010 and 2011 to 
recalibrate  EU  measures  in  support  of  the  GPA:  1)  appropriate  measures  were 
modified  in  2010  to  allow  support  to  institutions  and  processes  related  to  the  GPA 
implementation; 2) the European Commission prepared ad-hoc short-term responses 
to support the stabilization of the GNU and its reform program; and 3) in September 
2010, Zimbabwe was notified of its allocation under the 10th European Development 
Fund.  

EU  support  (around  90  million  per  year,  including  humanitarian  aid)  has  made  an 
important contribution to Zimbabwe's socio-economic recovery, restoring confidence 
and generating a sense of hope within the population. EU support to strengthen GPA 
related  processes  and  institutions  have  helped  enhance  democratic  space  and 
supported  the  efforts  of  the  region  and  reformers.  Nevertheless,  remaining 
restrictions  on  development  assistance  are  used  by  conservative  political  forces  to 
hamper political progress. 

In  2011  the  Southern  African  Development  Community  (SADC),  under  the 
leadership  of  President  Zuma,  has  stepped-up  its  engagement  on  Zimbabwe.  As 
facilitator  in  of  the  transitional  process,  South  Africa  has  succeeded  in  aligning 
SADC  Member  States  behind  a  firm  line  vis  à  vis  ZANU  PF  and  has  resisted 
pressure for early elections. South Africa and SADC are currently engaging the GNU 
in  an  effort  to  establish  an  environment  conducive  to  credible  elections.  Concerted 
regional efforts aim at ensuring that elections will take place only after reforms are 
implemented, including the adoption of a new constitution. 

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2009/68/CFSP of 26.01.09. 

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12. 

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14. 

The  relationship  between  South  Africa  and  the  EU  on  Zimbabwe  has  substantially 
deepened  over  the  past  two  years,  with  increasingly  converging  views,  creating 
opportunities for enhanced collaboration, even though South Africa, SADC and the 
three political leaders in Zimbabwe consider EU measures as an impediment.  

The delayed constitutional process should culminate in a referendum during the first 
semester  of  2012.  The  agreement  on  a  draft  constitution  between  the  three  parties 
and  subsequent  referendum  will  be  an  important  stepping  stone  on  the  road  to 
elections.  Elections  are  expected  to  take  place  at  the  earliest  in  the  second  half  of 
2012, and at the latest early 2013 when they are legally due. As spelt out in the draft 
roadmap  for  elections,  the  adoption  of  the  new  constitution,  agreement  on  a  set  of 
electoral  reforms  (including  the  establishment  of  a  new  voters'  roll  and  the 
delineation of new constituencies) together with measures related to the opening of 
political  space  (i.e.  media  reforms,  freedom  of  assembly)  will  be  crucial  steps 
towards credible elections.  

The period leading up to and directly following the election is likely to be decisive 
for the future direction of Zimbabwe, and with implications for the Southern African 
region.  At  this  critical  juncture,  it  is  important  to  calibrate  EU  instruments  to  best 
achieve  the  EU's  objective  which  remains Zimbabwe's democratic transition  toward 
peace  and  prosperity. The  EU  should  make  every  effort  to  support  the  window  of 
opportunity created by the GPA and the GNU, by supporting the efforts of the region 
and reformers, and help to overcome polarization.  

15. 

Progress in the implementation of the GPA has been mixed. However it is important 
to  further  encourage  the  region  and  reformers  and  to  adapt  EU's  instruments 
strategically to the political dynamics in Zimbabwe. It is therefore proposed: 

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That  the Council  extends the  existing Article 96 measures for  a period of  six 
months  only.  This  will  align  Article  96  to  expected  in-country  political 
developments.  Progress  in  constitutional  and  electoral  processes  will  be 
reviewed after 6 months, anticipating that the Constitutional referendum would 
have been completed by then.  

Engage the GNU to prepare a Country Strategy Paper (CSP) in the framework 
of the European Development Fund.  

To intensify the political dialogue between the EU and the GNU and to define 
further  steps  towards  normalization12  in  response  to  concrete  achievements 
preparing for credible elections. In this context, the EU would welcome a visit 
of the Zimbabwe re-engagement committee in Brussels.  

The  EU  will  consider  lifting  the  restrictions  on  development  cooperation  in 
light of concrete progress in the preparation of peaceful elections  

16. 

The Commission proposes to inform the Government of Zimbabwe about the change 
in EU policy by way of a letter to be addressed to President Mugabe and copied to 
the  two  other  Principals  of  the  GNU,  Prime  Minister  Tsvangirai  and  Welshman 
Ncube.  

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including signing the CSP and granting access to Zimbabwe programmable envelop under the EDF.  

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Conclusion 

In  light  of  the  above,  the  Council  is  requested  to  adopt  the  attached  draft  proposal  for  a 
Council  Decision  extending  the  period  of  application  of  the  appropriate  measures  to 
Zimbabwe. 

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2012/0012 (NLE) 

Proposal for a 

COUNCIL DECISION 

on adapting and extending the period of application of the appropriate measures 
first established by 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,  

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 200013 and revised in Ouagadougou, 
Burkina  Faso,  on  23  June  201014,  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  Agreement15,  and  in  particular 
Article 3 thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

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By Decision 2002/148/EC16, 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.  These 
measures have been updated and extended each year since then.  

By  Decision  2011/106/EU17  the  measures  were  extended  and  adapted  for  a  further 
period of 12 months until 20 February 2012. 

In  the  meantime,  the  creation  of  the  Government  of  National  Unity  (GNU)  was 
recognized  as  an  opportunity  to  re-establish  a  constructive  relationship  between  the 
European  Union  and  Zimbabwe  and  to  support  the  implementation  of  its  reform 
programme. 

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 50, 21.2.2002, p. 64. 
OJ L 44, 16.2.2010, p..20. 

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(4)  While  the  overall  situation  has  improved,  the  implementation  of  political  reforms 
remains  slow,  certain  essential  elements  of  the  ACP-EC  Partnership  Agreement,  to 
which  the  GNU  had  committed  in  the  Global  Political  Agreement  still  need  to  be 
implemented.  

(5) 

The EU recognises the efforts made by SADC and South Africa, as facilitators of the 
Global  Political  Agreement,  to  establish  an  environment  conducive  to  credible 
elections. The completion of the referendum on the Constitution will be an important 
stepping  stone  on  the  road  to  elections  and  will  provide  for  sound  grounds  that 
credible elections can take place.  

(6) 

The  appropriate  measures  should  be  updated  accordingly,  and  should  be  reviewed 
within 6 months, 

HAS ADOPTED THIS DECISION:  

Article 1 

The  measures  referred  to  in  the  letter  annexed  to  this  Decision  are  hereby  maintained  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  6  months  from  20  February  2012  until 
20 August 2012. They shall be kept under constant review and shall be reassessed in light of 
concrete progress in the preparation of peaceful elections.  

The  letter  annexed  to  this  Decision  shall  be  addressed  to  the  President  of  Zimbabwe, 
Mr Mugabe, and copied to the Prime Minister, Mr. Tsvangirai, and to Welshman Ncube. 

This Decision shall enter into force on the day 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 

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 
appropriate  measures  within  the  meaning  of  Article  96(2)(c)  of  that  Agreement.  By  annual 
letters,  the  latest  one  dated  23  February  2011,  the  EU  informed  you  of  its  decisions  not  to 
revoke the appropriate measures and to extend their period of application.  

Since its inception in 2009, progress achieved by the Government of National Unity based on 
the  Global  Political  Agreement  (GPA)  has  been  welcomed  by  the  European  Union.  The 
European Union reiterates the great importance it attaches to the political dialogue, provided 
for in Article 8 of the ACP-EC Partnership Agreement, and officially launched at the request 
of the Government of Zimbabwe at the EU-Zimbabwe Ministerial Troika on 18-19 June 2009 
in  Brussels.  As  agreed  by  both  parties,  the  objective  of  this  political  dialogue  is  to 
progressively  normalise  EU-Zimbabwe  relations  along  the  implementation  of  the  reforms 
foreseen in the GPA, paving the way for credible and democratic elections. 

As part of its overall re-engagement process, the EU has taken steps towards easing measures 
applying to Zimbabwe. Appropriate measures were modified to allow support to institutions 
and  processes  related  to  the  implementation  of  the  GPA.  The  European  Commission  also 
prepared  a  short-term  response  to  support  the  stabilization  of  the  Government  of  National 
Unity and its reform programme.  

Since  then,  the  EU  has  continued  supporting  the  ongoing  efforts  of  the  Government  of 
National  Unity  to  implement  the  GPA,  and  has  welcomed  the  achievements  made  in 
stabilising  the  economy  and  restoring  basic  social  services.  However,  the  EU  still  awaits 
progress on several of the political reforms of the GPA, including the constitutional process 
and  reforms  needed  to  create  a  conducive  environment  for  democratic  elections.  In  this 
context,  the  EU  welcomes  the  intensified  regional  diplomacy  and  the  efforts  led  by  the 
Republic  of  South  Africa  and  the  South  African  Development  Community,  and  the 
establishment of a roadmap by all parties.  

The  EU  welcomes  recent  statements  made  by  all  Zimbabwean  parties  against  political 
violence, and remains hopeful that recent social and economic progress will be complemented 
by political reforms leading to democratic and credible elections.  

To further accompany the transitional process, the EU has decided:  

– 

– 

to  extend  its  appropriate  measures  set  out  in  Council  Decisions  2002/148/EC  and 
2010/97 for a limited period of six months. The EU thus reiterates its willingness to 
reconsider  its  position  at  any  time  following  concrete  steps  in  implementing  the 
Global Political Agreement and in preparing for elections. 

to engage the Government of Zimbabwe in preparing a Country Strategy Paper in the 
framework of the European Development Fund.  

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– 

to invite the Government of Zimbabwe for an intensified political dialogue provided 
for  in  Article  8  of  the  ACP-EC  Partnership  Agreement  and  to  define  further  steps 
towards  normalisation  of  EU-Zimbabwe  relations,  in  response  to  concrete  steps 
contributing  to  a  conducive  environment  for  credible  elections.  In  this  context,  the 
EU  is  looking  forward  to  the  visit  of  the  Zimbabwe  Re-engagement  Committee  to 
Brussels, which it hopes can be arranged for the near future.  

Meanwhile, the EU will continue to provide transitional assistance to the economic recovery, 
social sectors and the implementation of the GPA in support of the Government of National 
Unity and its reforms programmes.  

All the other measures listed in the Annex to Council Decision 2002/148/EC shall continue to 
apply  without  changes.  The  Council  Decision  can,  if  circumstances  change,  be  reviewed  at 
any time prior to 20 August 2012. 

The  European  Union  wishes  to  emphasise  once  again  the  importance  it  attaches  to  future 
cooperation with Zimbabwe and to confirm its willingness to revive and advance the political 
dialogue  provided  for  in  Article  8  of  the  ACP-EC  Partnership  Agreement  in  view  of 
progressively normalising EU-Zimbabwe relations.  

Yours faithfully, 

For the Commission 

For the Council 

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