Proposal for a COUNCIL DECISION extending the validity of Decision 2011/492/EU and suspending the application of its appropriate measures
Date: 2014-06-17
Institutions: European Commission
Subjects: ACP-EU Convention, Guinea-Bissau, cooperation policy, democracy, human rights, prevention of delinquency, rule of law, settlement of disputes













EUR-Lex - 52014PC0369 - EN











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52014PC0369

Proposal for a COUNCIL DECISION extending the validity of Decision 2011/492/EU and suspending the application of its appropriate measures /* COM/2014/0369 final - 2014/0186 (NLE) */









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 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). 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
undertakings made by the Guinea-Bissau side comprise, in particular:
·                        
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;
·                        
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.
On 12 April 2012, 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. 
Two years after the coup d'état of April 2012, legislative and
presidential elections have finally taken place on 13 April and 18 May 2014.
These elections, judged by all international observers, including the EU
Electoral Observation Mission, as free and credible, were a major step to the
restoration of the constitutional order.
By Council Decision 2013/385/EU of 15/7/2013, the appropriate
measures set out in Council Decision 2011/492/EU were extended by one year,
with validity until 19/7/2014.
The Commission considers it important that Council Decision
2011/492/EU does not expire as it continues providing a fundamental framework
for the promotion of democratic stability and rule of law in Guinea-Bissau. An
extension of the deadline of one year, until 19 July 2015, is therefore proposed.
However, taking into consideration the holding of credible elections and in order
to be able to engage with and to support the democratically elected authorities
to move the country towards more stability, democracy and development, it is
proposed to suspend the application of the appropriate measures. 
Conclusion
In the light of the above, the Council is
requested to adopt the attached draft proposal for a Council Decision extending
the validity of Decision 2011/492/EU, but suspending the application of its
appropriate measures.
2014/0186 (NLE)
Proposal for a
COUNCIL DECISION
extending the validity of Decision
2011/492/EU and suspending the application of its appropriate measures 
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 2000[1]
(hereinafter referred to as the 'ACP-EU Partnership Agreement'), as last
amended in Ouagadougou, Burkina Faso on 22 June 2010[2], 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 Agreement[3], and in particular
Article 3 thereof,
Having regard to the proposal from the European
Commission,
Whereas:
(1)       By Council Decision
2011/492/EU[4],
consultations with the Republic of Guinea-Bissau under Article 96 of the ACP-EU
Partnership Agreement were concluded and appropriate measures, as specified in
the Annex to that Decision, were taken.
(2)       By Council Decision
2013/385/EU[5],
Council Decision 2011/492/EU was amended to extend further by one year, until
19 July 2014 the period of application of the appropriate measures.
(3)       The essential elements
cited in Article 9 of the ACP-EU 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. It is therefore appropriate
to extend the validity of Council Decision 2011/492/EU for a period of one
year.
(4)       However, taking into
consideration the holding of peaceful, free and credible elections on 13 April
and 18 May 2014, which represent a major step towards more democracy and
stability, and in order to engage with and provide direct support to the
democratically elected authorities in their efforts to consolidate the
democratic institutions, reconcile the society and promote the socioeconomic
development of Guinea Bissau, the appropriate measures set out in the Annex to
Council Decision 2011/492/EU should be suspended.
(5)        This Decision should be reviewed
six months after its entry into force.
HAS ADOPTED THIS DECISION:
Article 1
The validity of Decision 2011/492/EU and of
its appropriate measures is hereby extended until 19 July 2015. However, the
application of the appropriate measures is hereby suspended.
The appropriate
measures shall be kept under constant review and shall be applied again if the
situation in Guinea Bissau is to seriously deteriorate. Such measures shall in any event be reviewed six
months after the entry into force of this Decision.
Article 2
The letter in the Annex to this Decision shall
be sent to the authorities of Guinea-Bissau.
Article 3
This Decision shall enter into force on the
date of its adoption. 
Article
4
This Decision shall be published in the Official
Journal of the European Union.
Done at Brussels,
For the Council                                              
The
President                                                 
   ||   
[1]               OJ L 317, 15.12.2000, p. 3.
[2]               OJ L 287, 4.11.2010, p.3
[3]               OJ L 317, 15.12.2000, p. 376, as amended in
OJ L 247, 9.9.2006, p. 48.
[4]               Council Decision 2011/492/EU of 18 July 2011
concerning the conclusion of consultations with the Republic of Guinea-Bissau
under Article 96 ACP-EU Partnership Agreement (OJ L 203, 6.8.2011, p. 2). 
[5]               Council Decision 2013/385/EU of 15 July 2013
extending the period of application of the appropriate measures in Decision 2011/492/EU
concerning Guinea-Bissau and amending that Decision (OJ L 194, 17.7.2013, p.6).

ANNEX
to the
Proposal for a Council Decision
extending the validity of Decision 2011/492/EU and suspending the application
of its appropriate measures 

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.
By Council Decision 2013/385 of 15/7/2012, Council Decision 2011/492
was extended by one year, with validity until 19/7/2014.
Over the last twelve months, during which interim
authorities were in place, no progress was made in terms of respect of human
rights, fight against impunity, reform of the security sector or the fight
against illegal trafficking, notably of drugs, which were foreseen in the
scheme of mutual commitments for the resumption of the EU cooperation. 
However, the European Union is encouraged
by the holding of free, peaceful and credible legislative and presidential
elections on 13 April and 18 May 2014, which represented a major step towards
democracy and stability in the country. The EU has therefore decided the
suspension of the measures applied under Article 96 of the Cotonou Agreement as
set out in Council Decision of 2011/492/EU in order to be able to engage with
and provide direct support to the democratically elected authorities in your
efforts to consolidate, reconcile and develop the country, in collaboration
with other international partners. 
The European Union attaches the utmost
importance to the provisions of Article 9 of the Cotonou Agreement, since
respect for human rights, democratic institutions and the rule of law
constitutes the essential basis of EU-Guinea Bissau relations and the European
Union will continue to closely follow the situation in the country.
The political and socioeconomic challenges
that the country faces are significant, but we are confident that you will
endeavour to take, in dialogue with all political groups, the decisions that
are necessary, both at economic and financial level, and in the crucial areas
of security sector reform and the fight against impunity. 
The European Union remains firmly committed
to its partnership with the people of Guinea Bissau. The present European Union
decision to suspend the application of the appropriate measures and re-engage
in dialogue and cooperation with the legitimate authorities is intended to
provide new impetus to enhancing EU-Guinea Bissau relations, with the aim of
normalising bilateral relations. However, the commitments made by Guinea Bissau
in the framework of Article 96 Consultation remain applicable and the European
Union expects your Government to make all necessary efforts to achieve them as
a matter of priority.
The European Union calls on all parties to
seize the momentum to move the country towards democratic stability, rule of
law, respect of human rights and socio-economic development. 
Yours faithfully,
 For the Council || For the Commission 
 C. ASHTON High Representative || A. PIEBALGS Commissioner