Proposal for a COUNCIL DECISION extending the period of application of the appropriate measures laid down for the Republic of Guinea by Decision 2011/465/EU and amending that Decision
Date: 2012-06-14
Institutions: European Commission
Subjects: ACP countries, Cotonou Agreement, Guinea, cooperation agreement, democracy, presidential election

EUROPEAN COMMISSION 

Brussels, 14.6.2012  
COM(2012) 288 final 

2012/0151 (NLE) 

Proposal for a 

COUNCIL DECISION 

extending the period of application of the appropriate measures laid down for the 
Republic of Guinea by Decision 2011/465/EU and amending that Decision 

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EXPLANATORY MEMORANDUM 

In July 2011 the Council of the European Union eased the appropriate measures laid down in 
July 2009 for Guinea, in recognition of progress made towards a return to constitutional rule 
since  the  inauguration  of  President  Alpha  Condé  following  democratic  elections.  Yet  the 
Council  recalled  at  the  time  that  the  transition  would  be  complete  only  once  free  and 
transparent parliamentary elections had been held.  

Council Decision 2011/465/EU expires on 19 July 2012. The Decision stipulates in the first 
milestone  that  the  10th  EDF  Country  Strategy  Paper  and  National  Indicative  Programme 
(CSP/NIP) may be signed once they are finalised and once the competent Guinean authorities 
have  adopted  and  forwarded  a  detailed  timetable  (preliminary  dates  and  stages/preparatory 
operations) for the holding of parliamentary elections by the end of 2011. Technical appraisal 
of  the  projects  and  programmes  provided  for  in  the  CSP/NIP  may  also  be  carried  out  and 
funds  from  the  10th  EDF  for  direct  support  to  the  people  may  be  released.  Release  of  the 
remaining  funds  from  the  10th  EDF  allocated  to  Guinea  is,  however,  contingent  upon  the 
second milestone, which is the holding of free and transparent parliamentary elections.  

Neither of the milestones has been achieved to date. The date for holding elections has not yet 
been  set,  in  spite  of  the  numerous  commitments  made  by  President  Condé  to  organise 
elections as quickly as possible. The monitoring mission carried out under Article 96 on 28-29 
February  2012  established  that  conditions  for  lifting  the  appropriate  measures  had  not  been 
met.  

As preparations for parliamentary elections are well behind schedule and as the situation on 
the  ground  has  not  changed  significantly  since  July  2011  (date  of  Council  Decision 
2011/465/EU),  the  Commission  believes  that  the  period  of  application  of  the  appropriate 
measures should be extended and the deadline for holding parliamentary election postponed 
until the end of 2012.  

Conclusion: 

The  Council  is  requested  to  approve  the  draft  Council  Decision  extending  the  period  of 
application  of  the  appropriate  measures  laid  down  for  the  Republic  of  Guinea  by  Decision 
2011/465/EU.  

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2012/0151 (NLE) 

Proposal for a 

COUNCIL DECISION 

extending the period of application of the appropriate measures laid down for the 
Republic of Guinea by Decision 2011/465/EU and amending that Decision 

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 20001 and revised in Ouagadougou, 
Burkina Faso, on 22 June 20102 (hereinafter called the Cotonou Agreement), 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  Cotonou  Agreement3,  and  in  particular  Article  3 
thereof, 

Having regard to the proposal from the Commission,  

Whereas: 

(1) 

(2) 

Decision  2011/465/EC  of  18  July  20114  lays  down  appropriate  measures  for  Guinea 
under Article 96 of the ACP-EU Partnership Agreement.  

Decision  2011/465/EU  requires  that  two  milestones  be  achieved  before  cooperation 
with Guinea under the 10th European Development Fund (10th EDF) can be resumed, 
namely: that a detailed timetable (preliminary dates and stages/preparatory operations) 
be drawn up and adopted by the competent authorities for the holding of parliamentary 
elections by the end of 2011, and that free and transparent parliamentary elections be 
held.  

(3) 

To date, neither of these conditions has been met.  

(4) 

It is therefore necessary to extend the period of application of the appropriate measures 
laid down in Decision 2011/465/EU and to postpone the deadline set in these measures 
for the holding of parliamentary elections until the end of 2012, 

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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 195, 27.7.2011, p. 2.  

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HAS ADOPTED THIS DECISION:  

Article 1 

The period of validity of Council Decision 2011/465/EU of 18 July 2011 is extended by 12 
months. To that end, the Decision is amended as follows:  

- in Article 3, the date '19 July 2012' shall be replaced by the date '19 July 2013';  

-  in  the  Commitments  by  Partners  in  the  Annex,  the  deadline  given  in  the  commitments  by 
Guinea for holding parliamentary elections is extended until the end of 2012.  

The letter in the Annex to this Decision shall be addressed to the Guinean authorities.  

Article 2 

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

Article 3 

Done at Brussels,  

For the Council 
The President 

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To the President and the Prime Minister of the Republic of Guinea 

ANNEX  

Sirs, 

Welcoming  the  progress  made  by  the  Republic  of  Guinea  in  returning  to  constitutional  rule 
following the peaceful conclusion of the presidential elections in 2010 and the inauguration of 
a  legitimate  President  and  a  civil  government,  in  July  2011  the  Council  of  the  European 
Union, eased the appropriate measures laid down for Guinea .  

In Decision 2011/465/EU of 18 July 2011, the Council specified that cooperation with Guinea 
under  the  10th  European  Development  Fund  (EDF)  could  be  resumed  in  two  stages, 
depending  on  progress  made  towards  the  holding  of  free  and  transparent  parliamentary 
elections by the end of 2011.  

The Council of the European Union finds that neither of the conditions has been met to date 
and  has  therefore  decided,  on  the  one  hand,  to  extend  the  period  of  application  of  the 
appropriate measures set forth in Council Decision 2011/465/EU, and, on the other hand, to 
postpone  the  deadline  for  holding  parliamentary  elections  until  the  end  of  2012.  Failure  to 
respect this deadline will limit the possibilities of funds being committed from the 10th EDF. 

We should like to recall the importance which the European Union attaches to the holding of 
credible,  free  and  transparent  parliamentary  elections  as  quickly  as  possible  and  under 
optimum  conditions,  marking  the  end  of  the  transition  in  Guinea.  The  European  Union 
confirms its commitment to supporting the organisation of these elections.  

We  assure  you,  Sirs,  of  the  European  Union's  support  for  your  efforts  to  ensure  sustainable 
economic growth and the welfare of the Guinean people.  

Yours faithfully, 

Done at Brussels,  

For the Council 

C. ASHTON 

President 

For the Commission 

A. PIEBALGS 

Commissioner 

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