Proposal for a COUNCIL DECISION extending the application period of Decision 2010/371/EU of 7 June 2010 concerning the conclusion of the consultation procedure with the Republic of Madagascar under Article 96 of the ACP-EC Partnership Agreement
Date: 2012-11-13
Institutions: European Commission
Subjects: Cotonou Agreement, Madagascar, change of political system, democratisation, political crisis, presidential election

EUROPEAN 
COMMISSION 

Brussels, 13.11.2012  
COM(2012) 653 final 

2012/0311 (NLE) 

Proposal for a 

COUNCIL DECISION 

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

EN 

   EN 

 
 
 
  
 
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/EU).1 The 
period  of  application  of  that  Decision  was  extended  until  6  December  2011  by  Council 
Decision  No  2011/324/EU  of  30  May  20112  and  amended  and  extended  until  5  December 
2012 by Council Decision 2011/808/EU of 5 December 2011.3 

The  appropriate  measures  adopted  by  Decision  2010/371/EU  and  amended  by  Decision 
2011/808/EC include the suspension of budgetary support and making implementation of the 
10th EDF NIP conditional on the Malagasy party’s fulfilment of the commitments set out in 
the schedule of commitments contained in the letter to the interim President and annexed to 
Council Decision 2011/808/EU.  

The  appropriate  measures  also  involved  the  Commission’s  taking  over  the  functions  of 
EDF National Authorising Officer. The measures did not affect contributions to humanitarian 
operations or projects directly benefiting the local population.  

The present review focuses in particular on the political developments that have taken place in 
Madagascar during implementation of the roadmap over the past year. 

There have been varying degrees of progress in implementation of the roadmap, with: 

(a)  significant  progress  as  regards  the  electoral  process  (establishment  of  an  independent 
Electoral  Commission  (CENIT),  endorsement  of  the  UN  electoral  evaluation  report  by  the 
Malagasy  authorities  and  the  international  community  (electoral  timetable  and  budget),  and 
election  dates  announced  (first  presidential  round  on  8  May  2013  and  second  presidential 
round plus parliamentary elections on 3 July 2013); 

(b) deadlock in the search for a political agreement between President Rajoelina and former 
President Ravalomanana on the issue of their participation in the elections and the return of 
the  former  President.  These  unresolved  issues,  together  with  others  linked  to  the 
implementation of amnesty measures and national reconciliation are considered crucial for the 
creation of a political environment in which credible elections can be organised and held. 

During this period the European Union, in line with the statement of 20 September 2011 by 
Baroness  Ashton's  spokesperson  and  the  Council  decision  of  5  December,  has  continued  to 
support  the  transition  process  subject  to  certain  conditions  and,  on  the  basis  of  its  progress, 
has taken measures to assist the local population and the electoral process, as provided for in 
the schedule of commitments.  

As  the  roadmap  has  not  been  fully  implemented,  the  appropriate  measures  in  force  should 
continue  to  be  applied  without  changing  the  reciprocal  EU-Madagascar  commitments  and 
conditions, which remain fully in force until credible elections have taken place. 

1 
2 
3 

OJ L 169, 3.7.2010, p. 13. 
OJ L 146, 01.6.2011, p. 2. 
OJ L 324, 7.12.2012, p.1. 

EN 

2 

   EN 

                                                 
As  the  parliamentary  elections  and  the  second  round  of  presidential  elections  are  scheduled 
for  3  July  2012  (almost  7  months  after  the  expiry  of  the  decision  in  force),  the  period  of 
application  of  the  appropriate  measures  should  be  extended  until  the  Council  decides  that 
credible elections have taken place and constitutional order has returned to Madagascar. 

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  and  overcome 
rapidly the political obstacles jeopardising the transition process, it is proposed that another 
letter be sent to the interim President informing him of this decision. 

The Decision to be adopted can be reviewed at any time, which will enable it to be amended 
in  the  light  of  political  developments  and  progress  or  otherwise  in  implementation  of  the 
roadmap. 

EN 

3 

   EN 

2012/0311 (NLE) 

Proposal for a 

COUNCIL DECISION 

extending the application period of Decision 2010/371/EU of 7 June 2010 concerning the 
conclusion of the consultation procedure 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 20004, and revised in Ouagadougou, 
Burkina  Faso,  on  22  June  20105,  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-EU  Partnership  Agreement6,  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) 

4 
5 
6 
7 
8 
9 

Decision  2010/371/EU7  of  7  June  2010  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  20118  by  Council  Decision 
2011/324/EU of 30 May 2011 and amended and extended until 5 December 2012 by 
Council Decision 2011/808/EC of 5 December 2011.9 

OJ L 317, 15.12.2000, p. 3. 
OJ L 287, 4.11.2010, p. 3.  
JO L 317 du 15.12.2000, p. 376. 
OJ L 169, 3.7.2010, p. 13. 
OJ L 146, 1.6.2011, p. 2. 
OJ L 324, 7.12.2012, p.1. 

EN 

4 

   EN 

                                                 
(3) 

(4) 

Despite  significant  progress,  in  particular  in  the  establishment  of  the  transition 
institutions  and  in  the  electoral  process,  the  roadmap  for  the  transition  has  not  been 
implemented fully. 

The  current  period  of  application  of  Decision  2010/371/EU  expires  on  5  December 
2012.  Given  that  the  parliamentary  elections  and  the  second  round  of  presidential 
elections are scheduled for 3 July 2013, the appropriate measures in force should be 
extended  until  the  Council  decides  that  credible  elections  have  taken  place  and  that 
constitutional order has returned to Madagascar, subject to regular review during this 
period. 

HAS ADOPTED THIS DECISION 

Article 1 

Decision 2010/371/EU, as extended by Decisions 2011/324/EU and 2011/808/EU, is hereby 
amended as follows: 

In Article 3 the second sentence is replaced by the following: 'It shall remain in force until the 
Council  decides  that  credible  elections  have  taken  place  and  that  constitutional  order  has 
returned to Madagascar, subject to regular review during this period.' 

The draft letter at annex is addressed to the interim President of Madagascar.  

Article 2 

Article 3 

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

Done at Brussels,  

For the Council 
The President 

EN 

5 

   EN 

 
 
ANNEX 

Brussels, 

DRAFT LETTER TO THE INTERIM PRESIDENT 

Sir, 

Welcoming  the  progress  made  towards  resolving  the  political  crisis  with  the  signing  in 
September  2011  by  the  Malagasy  political  stakeholders  of  the  roadmap  to  help  Madagascar 
emerge  from  the  crisis,  on  5  December  2010  the  European  Union  eased  the  appropriate 
measures laid down for Madagascar by a Council decision of 7 June 2010. 

You  were  informed  of  the  new  decision  by  letter  of  8  December  2011  specifying  the 
preconditions  for  any  measure  by  the  EU  to  assist  the  transition.  To  that  end,  over  the  past 
year the EU has taken measures to assist the population and support the electoral process, as 
provided for in the schedule of commitments set out in the aforementioned letter. 

Given that the roadmap has not been implemented in full and that the parliamentary elections 
and second round of the presidential elections are scheduled for 3 July 2013, the appropriate 
measures  should  continue  in  force,  without  any  change  in  the  reciprocal  EU-Madagascar 
commitments  and  conditions,  which  remain  fully  valid  until  the  EU  decides  that  credible 
elections have taken place and that constitutional order has returned to Madagascar. 

The  European  Union,  which  attaches  the  greatest  importance  to  the  essential  elements 
concerning respect for human rights, democratic institutions and the rule of law as established 
by Article 9 of the ACP-EU Partnership Agreement, urges you and all the stakeholders in the 
roadmap  to  redouble  your  efforts  with  a  view  to  rapidly  overcoming  the  political  obstacles 
currently jeopardising its implementation. 

The  EU  also  encourages  you  and  all  Malagasy  political  stakeholders  to  persevere  in  your 
efforts  to  ensure  a  peaceful  political  environment  conducive  to  the  holding  of  credible 
elections in May and July 2013 and the completion of the transition process, as agreed by the 
Malagasy authorities and endorsed by the international community. 

The EU confirms its continued commitment to assisting the transition process and to rapidly 
introducing post-transition support measures, the details of which will be decided upon in the 
political dialogue with your Government. 

The appropriate measures can be reviewed at any time in the light of developments – positive 
or negative – in the political situation in Madagascar. 

Yours sincerely, 

For the European Union 

Catherine ASHTON 

Andrís PIEBALGS 

EN 

6 

   EN