Proposal for a COUNCIL DECISION extending the period of application of the appropriate measures in Decision 2011/492/EU concerning the conclusion of consultations with the Republic of Guinea-Bissau under Article 96 of the ACP-EC Partnership Agreement
Date: 2013-06-20
Institutions: European Commission
Subjects: ACP countries, Cotonou Agreement, Guinea-Bissau, democracy, human rights, rule of law

EUROPEAN 
COMMISSION 

Brussels, 20.6.2013  
COM(2013) 439 final 

2013/0208 (NLE) 

Proposal for a 

COUNCIL DECISION 

extending the period of application of the appropriate measures in 
Decision 2011/492/EU concerning the conclusion of consultations with the Republic of 
Guinea-Bissau under Article 96 of the ACP-EC Partnership Agreement 

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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  Rear-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 subject to 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 
democratic principles) and as a case of special urgency within the meaning of Article 96(2)(b) 
of  the  Agreement.  A  letter  was  therefore  sent  to  the  Guinea-Bissau  authorities  on 
2 February 2011 to invite them to hold consultations. 

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 Guinea-Bissau side undertook, in particular, to: 

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conduct  and  conclude  judicial  investigations  and  proceedings,  with  regard  to  the 
assassinations  in  March  and  June  2009,  that  are  fully  independent  and  carried  out 
under appropriate logistical and security conditions; 

effectively implement a reform of the security sector based on the strategy adopted 
by the national parliament and the legislative package drawn up with the support of 
the EU’s Common Security and Defence Policy (CSDP) mission; 

ensure  the  appointment  to  senior  posts  in  the  military  of  persons  not  involved  in 
unconstitutional  or  illegal  conduct  or  acts  of  violence,  in  line  with  the  conclusions 
and  recommendations  of  the  Economic  Community  of  West  African  States 
(ECOWAS) roadmap for security sector reform; 

approve  and  assist  an  experts’  mission  to  support  security  sector  reform  and  the 
protection  of  political  figures,  to  be  carried  out  with  the  support  of  ECOWAS,  the 
Community of Portuguese-speaking Countries (CPLP) and/or other partners; 

prepare,  adopt  and  effectively  implement  national  operational  plans  to  implement 
security sector reform and combat drug trafficking; 

improve  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 carry out judicial investigations and 
proceedings  into  the  events  of  1  April  2010,  to  step  up  efforts  to  tackle  the  problem  of 

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impunity and to specify a more detailed timetable for implementation of the undertakings in 
compliance with the timeframe in the ECOWAS roadmap. 

The European Union  decided on  18 July 2011, by Council Decision 2011/492/EU, to adopt 
appropriate measures for the fulfilment 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  18-20  January  2012.  The  mission 
report pointed to an insufficient degree of implementation of the first group of commitments 
indicated  in  Council  Decision  2011/492/EU,  which  ruled  out  unblocking  the  corresponding 
cooperation  programmes.  The  report  was  endorsed  by  the  Council’s  Africa  Working  Group 
on 15 February 2012. 

On  12  April  2012,  a  coup  d’état  by  elements  of  the  armed  forces  took  place  after  the  first 
round  of  the  Presidential  elections  called  following  the  death  of  President  Bacai  Sanha  in 
January; the acting President and the Prime Minister were arrested. 

Since  then,  ECOWAS  has  been  mediating  to  broker  a  solution  leading  to  the  restoration  of 
democratic  order  in  Guinea-Bissau,  but  little  progress  has  been  achieved  to  date  towards  a 
return to constitutional order. 

By  Council  Decision  2012/387/EU  of  16  July  2012,  Council  Decision  2011/492/EU  was 
extended by one year, until 19 July 2013. 

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. It is therefore proposed that it be further extended until 19 July 2014.  
After 31 December 2013, date of expiry of the 10th EDF, and before the entry into force of the 
11th  EDF,  the  EU  commitments  indicated  in  the  schedule  annexed  to  Council  Decision 
2011/492/EU would be funded by the bridging facility to be established.  

The  substance  of  the  Decision  (i.e.  detailed  conditionality  and  EU  responses)  may  require 
adaptation as the political situation changes, but at this time it is not possible to predict such 
changes 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 with regard 
to Guinea-Bissau. 

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2013/0208 (NLE) 

Proposal for a 

COUNCIL DECISION 

extending the period of application of the appropriate measures in 
Decision 2011/492/EU concerning the conclusion of consultations with the Republic of 
Guinea-Bissau 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 20001  (hereinafter  referred  to  as  the 
‘ACP-EC  Partnership  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) 

(4) 

By Council Decision 2011/492/EU, consultations with the Republic of Guinea-Bissau 
under  Article  96  of  the  ACP-EC  Partnership  Agreement  were  concluded  and 
appropriate measures, as specified in the Annex to that Decision, were taken. 

By Council Decision 2012/387/EU, Council Decision 2011/492/EU was extended by 
one year, until 19 July 2013. 

The  essential  elements  cited  in  Article  9  of  the  ACP-EC  Partnership  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  further  the  period  of 
application of the appropriate measures, 

HAS ADOPTED THIS DECISION: 

Article 1 

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

Article 3 is replaced by the following: 

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

It shall expire on 19 July 2014. 

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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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It shall be reviewed regularly at least once every six months, preferably in the light of joint 
monitoring missions by the European External Action Service and the Commission.’ 

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

Article 2 

Article 3 

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

Done at Brussels,  

For the Council 
The President 

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

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

ANNEX 

Sirs, 

Following 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. 

By  Council  Decision  2012/387/EU  of  16  July  2012,  Council  Decision  2011/492/EU  was 
extended by one year, until 19 July 2013. 

Twelve months after this extension, the European Union considers that no significant progress 
has  been  made  and  has  therefore  decided  to  extend  further  the  period  of  application  of 
Decision 2011/492/EU, until 19 July 2014. 

The European Union wishes 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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