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: 2013-06-20
Institutions: European Commission
Subjects: Cotonou Agreement, European Development Fund, Guinea, democracy, presidential election

EUROPEAN 
COMMISSION 

Brussels, 20.6.2013  
COM(2013) 440 final 

2013/0209 (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 imposed on 
Guinea  in  recognition  of  progress  made  towards  a  return  to  constitutional  rule  since  the 
inauguration of President Alpha Condé following democratic elections. The Council recalled, 
however,  that  the  transition  would  end  only  with  the  holding  of  free  and  transparent 
parliamentary  elections  –  the  last  benchmark  for  resumption  of  cooperation  with  Guinea 
under the 10th European Development Fund (EDF) (Decision 2011/465/EU).  

Council  Decision  2011/465/EU,  extended  by  Council  Decision  2012/404/EU,  expires  on 
19 July  2013.  It  established  two  benchmarks:  (1)  adoption  of  a  detailed  timetable  for  the 
holding of parliamentary elections by the end of 2012; (2) the holding of free and transparent 
parliamentary  elections.  With  the  adoption  and  transmission  by  Guinea's  independent 
National Electoral Commission of an electoral timetable for holding elections in May 2013, 
the  EU  Council  considered  that  the  first  of  these  benchmarks  had  been  met.  The 
10th EDF CSP/NIP was signed in Brussels on 21 December 2012.  

On  13  April  2013  a  presidential  decree  set  30  June  2013  as  the  date  for  holding  the 
parliamentary elections.  

In  view  of  the  delays  already  accumulated  in  implementation  of  the  electoral  timetable  and 
the  strong  political  tensions  affecting  the  holding  of  elections  on  the  date  and  under  the 
conditions laid  down, the  validity of Council  Decision  2011/465/EU  should  be  extended  by 
one  year  and  the  deadline  for  holding  the  parliamentary  elections  extended  until  end  of 
October  2013.  If  elections  are  held  after  that  date,  the  EU  will  not  be  able  to  fulfil  its 
commitment to sign the financing decisions for the rest of the 10th EDF projects/programmes, 
as  Council  Decision  1/2006  sets  31 December  2013  as  the  time  limit  for  committing 
10th EDF funds ('sunset clause').  

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2013/0209 (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,  as  last  amended  in 
Ouagadougou  on  22  June  20102  (‘the  ACP-EU  Partnership  Agreement’),  and  in  particular 
Article 96 thereof, 

Having regard to the Internal Agreement between 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  Agreement3,  and  in  particular 
Article 3 thereof, 

Having regard to the proposal from the European Commission,  

Whereas: 

(1) 

(2) 

Council  Decision  2011/465/EU  of  18  July  2011  lays  down  appropriate  measures  for 
Guinea under Article 96(2)(c) of the ACP-EU Partnership Agreement.  

This Decision, extended and amended by Council Decision 2012/404/EU, lays down 
two conditions for the resumption of cooperation with Guinea, namely that a detailed 
timetable  be  drawn  up  and  adopted  by  the  competent  authorities  for  the  holding  of 
parliamentary elections by the end of 2012, and that free and transparent parliamentary 
elections be held.  

(3)  With 

the 

transmission  by 

independent  National 
Electoral Commission of an electoral timetable for holding elections on 12 May 2013, 
the EU Council considered that the first of these benchmarks had been met.  

the  President  of  Guinea's 

(4) 

On  13  April  2013  a  presidential  decree  set  30  June  2013  as  the  date  for  holding  the 
parliamentary  elections.  The  legal  deadline  for  publication  of  the  final  results  of  the 

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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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elections  by  Guinea's  Supreme  Court  falls  after  19  July  2013,  the  expiry  date  of  the 
current Decision. 

(5) 

It is therefore necessary to extend the period of application of the appropriate measures 
laid down in Decision 2011/465/EU and to extend the time limit set in those measures 
for the holding of parliamentary elections in Guinea to the end of October 2013, 

HAS ADOPTED THIS DECISION:  

Article 1 

The  period  of  validity  of  Decision  2011/465/EU,  as  extended  and  amended  by 
Decision 2012/404/EU, is hereby extended for a further 12 months. Accordingly, in Article 3 
of Decision 2011/465/EU, the date ‘19 July 2013’ is replaced by the date ‘19 July 2014’. 

Article 2 

The time limit for Guinea's undertaking to hold free and transparent parliamentary elections, 
as  set  out  in  the  appropriate  measures  in  the  annex  to  Decision  2011/465/EU,  is  hereby 
extended until 31 October 2013.  

This  Decision  shall  enter  into  force  on  the  day  of  its  adoption.  It  shall  be  published  in  the 
Official Journal of the European Union. 

Article 3 

Done at Brussels,  

For the Council 
The President 

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