Proposal for a COUNCIL DECISION extending the period of application of the appropriate measures in Decision 2011/492/EU concluding consultations with the Republic of Guinea-Bissau under Article 96 of the Cotonou Agreement and amending that Decision
Date: 2012-06-14
Institutions: European Commission
Subjects: ACP-EU Convention, Guinea-Bissau, cooperation policy, democracy, human rights, prevention of delinquency, rule of law, settlement of disputes

EUROPEAN COMMISSION 

Brussels, 14.6.2012  
COM(2012) 289 final 

2012/0152 (NLE) 

Proposal for a 

COUNCIL DECISION 

extending the period of application of the appropriate measures in Decision 
2011/492/EU concluding consultations with the Republic of Guinea-Bissau under Article 
96 of the Cotonou Agreement and amending that Decision 

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EXPLANATORY MEMORANDUM 

On 31 January 2011 the European Union decided to open consultations with the Republic of 
Guinea-Bissau under Article 96 of the revised Cotonou Agreement. This decision was taken 
in the wake of the events of 1 April 2010. On that day, on the orders of the Deputy Chief of 
Staff  of  the  Armed  Forces,  General  Antonio  Indjai,  a  group  of  mutinous  soldiers  arrested 
Chief  of  Staff  José  Zamora  Induta  and  the  Prime  Minister  of  Guinea-Bissau,  Mr.  Gomes 
Junior.  Following  the  mutiny,  General  Indjai  became  de  facto  Chief  of  Staff  before  being 
officially  appointed  on  25 June  2010  by  decree  of  the  President,  Mr  Bacai  Sanha,  on  a 
proposal from the government. 

The  appointment  on  8 October  2010  of  Admiral  Bubo  Na  Tchuto  as  head  of  the  navy 
constituted a further setback to good governance in Guinea-Bissau. Rear Admiral Na Tchuto 
played  a  destabilising  role  in  the  aftermath  of  the  mutiny  of  1 April  and  is  under  sanctions 
imposed by international partners for his suspected involvement in illegal activities. 

The European Union regards the mutiny of 1 April 2010 and the subsequent appointment of 
its  main  instigators  to  high-ranking  posts  in  the  military  hierarchy  as  a  serious  and  evident 
breach  of  the  essential  elements  of  Article  9  of  the  Cotonou  Agreement  (respect  for 
the  meaning  of 
democratic  principles)  and  as  a  case  of  special  urgency  within 
Article 96(2)(b).  A 
the  Guinea-Bissau  authorities  on 
2 February 2011 to invite them to hold consultations. 

therefore  sent 

letter  was 

to 

The opening meeting of the consultations took place in Brussels on 29 March 2011.  

In  the  course  of  the  meeting,  the  participants  were  informed  of  the  proposals  of  the 
Guinea-Bissau  side  for  progressively  ensuring  the  primacy  of  civilian  authority,  improving 
democratic governance, guaranteeing the safeguarding of constitutional order and the rule of 
law, and tackling impunity and organised crime. 

The undertakings made by the Guinea-Bissau side comprise, in particular: 

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• 

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the conduct and conclusion of judicial investigations and  proceedings that are fully 
independent  and  carried  out  under  appropriate  logistic  and  security  conditions, 
relating to the assassinations in March and June 2009; 

the  effective  implementation  of  the  security  sector  reform  based  on  the  strategy 
adopted  by  the  national  parliament  and  the  legislative  package  drawn  up  with  the 
support of the EU's CSDP mission; 

the renewal of the military hierarchy to ensure the appointment to senior command of 
persons  not  involved  in  unconstitutional  or  illegal  conduct  or  acts  of  violence,  in 
conformity with the conclusions and recommendations of the ECOWAS roadmap for 
Security Sector Reform; 

the approval of and assistance of an experts' mission to support security sector reform 
and  the  protection  of  political  figures,  to  be  carried  out  with  the  support  of 
ECOWAS, the CPLP and/or other partners; 

the preparation, adoption and effective implementation of national operational plans 
to implement Security Sector Reform and to combat drug trafficking; 

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• 

the  improvement  of  the  administrative  and  financial  management  of  civilian  and 
military employees, and measures to combat money laundering. 

The European Union noted these undertakings in its conclusions of the consultations. It urged 
the representatives of the Republic of Guinea-Bissau to undertake judicial investigations and 
proceedings  into  the  events  of  1  April  2010  to  reinforce  efforts  to  tackle  the  problem  of 
impunity and to specify a more detailed timetable for implementation of these undertakings in 
compliance with the timeframe set out in the ECOWAS roadmap. 

The  European  Union  decided  on  18  July  2011,  by  Council  Decision  2011/492/EU  to  adopt 
appropriate  measures  for  the  performance  of  these  undertakings,  including  a  scheme  of 
mutual commitments for the gradual resumption of EU cooperation. 

An Article 96 follow-up mission took place in Bissau on January 18-20, 2012. The mission 
report  points  to  an  insufficient  degree  of  implementation  of  the  first  group  of  commitments 
indicated  in  the  Council  Decision  2011/492/EU  and,  as  a  consequence,  the  impossibility  of 
unblocking  the  corresponding  cooperation  programmes.  The  report  was  endorsed  by  the 
Africa Working Group of the Council on 15 February.2012.  

On April 12, a coup d'état by elements of the armed forces took place after the first round of 
the presidential elections, due after the death in January of President Bacai Sanha; the Acting 
President and the Prime Minister were arrested.  

Since then ECOWAS has been mediating to facilitate a solution leading to the restoration of 
democratic order in Guinea-Bissau. 

The Commission considers it important that Council Decision 2011/492/EU is not allowed to 
expire  as  it  provides  a  fundamental  framework  for  the  promotion  of  democratic  stability  in 
Guinea-Bissau.  An  extension  of  the  deadline  one  year  ,  until  19  July  2013,  is  therefore 
proposed.  

The  other  contents  of  the  Decision  (i.e.  detailed  conditionalities  and  EU  responses)  may 
require some adaptations as the political situation changes, but at this point in time it is not 
possible to predict how things may evolve with sufficient accuracy. 

Conclusion 

In the 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 Guinea-
Bissau. 

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2012/0152 (NLE) 

Proposal for a 

COUNCIL DECISION 

extending the period of application of the appropriate measures in Decision 
2011/492/EU concluding consultations with the Republic of Guinea-Bissau under Article 
96 of the Cotonou Agreement 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  (hereinafter  referred  to  as  the 
'Cotonou  Agreement'),  as  revised  at  Ouagadougou,  Burkina  Faso  on  22  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 the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

By  Council  Decision  the  consultations  with  the  Republic  of  Guinea-Bissau  under 
Article  96  of  the  Cotonou  Agreement  were  concluded  and  appropriate  measures,  as 
specified in the Annex to that Decision, were taken. 

 The  essential  elements  cited  in  Article  9  of  the  Cotonou  Agreement  continue  to  be 
violated and the current conditions in Guinea-Bissau do not ensure respect for human 
rights, democratic principles and the rule of law. 

Decision  2011/492/EU  should  therefore  be  amended  to  extend  the  period  of 
application of the appropriate measures. 

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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 in OJ L 247, 9.9.2006, p. 48. 

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HAS ADOPTED THIS DECISION: 

Article 1 

Decision 2011/492/EU is hereby amended as follows: 

In Article 3, the second paragraph is replaced by the following:  

"It shall expire on 19 July 2013." 

The letter annexed to the present decision shall be sent to the authorities of Guinea-Bissau 

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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ANNEX 

H.E. the President of the Republic of Guinea-Bissau, 

H.E. the Prime Minister of the Republic of Guinea-Bissau,  

Sirs, 

Further to the consultations which took place in Brussels on 29 March 2011 in the framework 
of Article 96 of the ACP-EU Partnership Agreement, the European Union decided on 18 July 
2011, by Council Decision 2011/492/EU to adopt appropriate measures, including a scheme 
of mutual commitments for the gradual resumption of EU cooperation. 

Twelve months after the adoption of the above decision, the European Union considers that 
no  significant  progress  has  been  made  and  therefore  decides  to  extend  the  period  of 
application of its Decision 2011/492/EU until 19 July 2013. 

The European Union wished to underline once again the importance that it attaches to future 
cooperation  with  Guinea-Bissau and  to  confirm  its  willingness  to  carry  on  the  dialogue  and 
make progress in the near future towards a situation where the resumption of full cooperation 
becomes possible. 

Yours faithfully, 

For the Council 

C. ASHTON 

President 

For the Commission 

A. PIEBALGS 

Commissioner 

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