Proposal for a COUNCIL DECISION repealing, on behalf of Representatives of the Governments of the Member States meeting within the Council, Council Decision 2016/394 concerning the conclusion of consultations with the Republic of Burundi under Article 96 of 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
Date: 2021-12-22
Institutions: Directorate-General for International Partnerships, European Commission
Subjects: ACP-EU relationship, Burundi, cooperation agreement (EU), democracy, human rights, rule of law

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   EUROPEAN COMMISSION  Brussels, 22.12.2021  COM(2021) 834 final 2021/0440 (NLE)  Proposal for a COUNCIL DECISION repealing, on behalf of Representatives of the Governments of the Member States meeting within the Council, Council Decision 2016/394 concerning the conclusion of consultations with the Republic of Burundi under Article 96 of 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  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Following  the  deterioration  of  the  situation  in  Burundi  in  the  run-up  to  the  legislative  and 
presidential elections in June and July 2015, the European Union considered that the Republic 
of  Burundi  had  not  complied  with  essential  elements  set  out  in  Article  9  of  the  ACP-EU 
Partnership Agreement 1 in relation to human rights, democracy and the rule of law.  

Following the consultations held in Brussels on 8 December 2015 under the article 96 of the 
ACP-EU  Partnership  Agreement,  the  European  Union  noted  the  replies  given  by  the 
Government of Burundi  and the latter's commitment to providing clarifications in respect of 
the  questions  raised  and  to  speeding  up  certain  judicial  proceedings.  The  European  Union 
nevertheless  considered  that  the  positions  expressed  did  not  comprehensively  address  the 
question of non-compliance with the essential elements of its partnership with the Republic of 
Burundi. Nor did these positions provide a satisfactory response to the decisions taken by the 
African  Union's  Peace  and  Security  Council  on  17  October  and  13  November  2015,  in 
particular  the  need  for  the  speedy  convening  of  a  genuine  and  inclusive  dialogue,  based  on 
respect for the Arusha Agreement. 

On  13  November  2015,  by  Council  Decision  2016/394,  consultations  were  concluded  and 
appropriate measures, as specified in the Annex to that Decision, were taken2. These included 
suspension  of  financial  support  or  disbursements  of  funds  (including  budgetary  support) 
directly benefiting the Burundian administration or institutions.  

Since  the  peaceful  political  transition  of  2020  leading  to  the  election  of  President 
Ndayishimiye  and  the  designation  of  a  new  government,  the  EU  observed  a  positive 
momentum, demonstrated by: 

 

 

A  constructive  engagement  with  Burundi  in  political  dialogue  pursuant  to 
article 8 ACP-EU Partnership Agreement;  

Government’s  efforts  in  support  of  peace  and  stability,  measures  to  improve 
good  governance,  freedom  of    media  ;  declarations  on  human  rights,  rule  of 
law and fight against impunity;  

1  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 (OJ 2000 L 317, 15.12.2000, p. 3). The ACP-EU Partnership Agreement was amended by the Agreement 
signed  in  Luxembourg  on  25  June  2005  (OJ  L  209,  11.8.2005,  p.  27)  and  by  the  Agreement  signed  in 
Ouagadougou  on  22  June  2010  (OJ  L  287,  4.11.2010,  p. 3).  The  application  of  the  ACP-EU  Partnership 
Agreement was extended by Decision No 3/2019 of the ACP-EU Committee of Ambassadors of 17 December 
2019  to  adopt  transitional  measures  pursuant  to  Article  95(4)  of  the  ACP-EU  Partnership  Agreement  (OJ  L 
001,  3.1.2020,  p.  3)  as  amended  by  Decision  No  2/2020  of  the  ACP-EU  Committee  of  Ambassadors  of  4 
December  2020  (OJ  L  420,  14.12.2020,  p.  32)  and  Decision  No  3/2021  of  the  ACP-EU  Committee  of 
Ambassadors of 26 November 2021 (OJ L 441, 9.12.2021, p. 3), until 30 June 2022 or until the entry into force 
or provisional application of the new ACP-EU Partmership Agreement, whichever comes first. 

2  Council Decision 2016/394 of 14 March 2016 concerning the conclusion of consultations with the Republic of 
Burundi under Article 96 of 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 
(OJ L 73, 18.3.2016, p. 90). 

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 

 

 

Agreement on a roadmap (“Feuille de route”) which contains commitments on 
part of the Burundian government in response to Council Decision 2016/394 in 
the areas  of  human rights;  justice and rule of law; freedom  of opinion and of 
the press; good governance; peace, security and  democracy; business  climate; 
environment and biodiversity; 

Large numbers of refugees voluntarily returning to Burundi; 

Resumption  of  cooperation  with  the  international  community  and  with 
neighbouring countries.  

In view of these progress and commitments, the Heads of Mission in their report of 19 May 
2021  expressed  the  view  that  the  appropriate  measures  stated  in  annex  of  Council  Decision 
2016/394 were no longer relevant and thus recommended that they should be lifted.  

Nonetheless,  the  following  issues  should  continue  to  be  raised  within  the  context  of  the 
political  dialogue  established  with  Burundi  under  Article  8  of  the  ACP-EU  Partnership 
Agreement: 

 

 

 

 

Improvement  of  the  good  governance,  rule  of  law,  human  rights,  business 
climate, as necessary basis for sustainable development;  

Liberation of political prisoners, return of members of the opposition and  civil 
society; the political space needs to be opened and appeased, with the objective 
of reaching reconciliation;  

Continued efforts to strengthen media freedom; 

Reduction  of  arbitrary  arrests;  better  control  by  the  relevant  authorities  of 
politically-related  violent  groups 
improved 
accountability and transparency of certain activities of the National Intelligence 
Service (SNR); reform of the judiciary, separation of State and Party; 

(“Imbonerakure”)  and 

the 

 

Respect of the independence of Civil Society/NGOs 

The  objective  of  this  proposal  is  therefore  to  repeal  decision  Council  Decision  2016/394, 
which will result in lifting the appropriate measures defined in the conclusions of Article 96 
ACP-EU Partnership Agreement consultations.  

• 

Consistency with existing policy provisions in the policy area 

This proposal is consistent with existing policy provisions in the policy area namely: 

 

 

 

The New European Consensus on Development 'Our World, our Dignity, Our 
Future' of 8 June 20173. 

Global Strategy for the European Union’s Foreign and Security Policy 

Joint Communication to the European Parliament and the Council: Towards a 
comprehensive Strategy with Africa, 9 March 20204. 

3  Joint  statement  by  the  Council  and  the  representatives  of  the  governments  of  the  Member  States  meeting 
within  the  Council,  the  European  Parliament  and  the  Commission,  The  New  European  Consensus  on 
Development: Our World, Our Dignity, Our Future (OJ C210, 30.06.2017 p. 1) 

4  Joint  Communication  to  the  European  Parliament  and  the  Council,  Towards  a  comprehensive  Strategy  with 

Africa (JOIN(2020) 4 final). 

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 

 

 

EU Action Plan on Human Rights and Democracy 2020-20245. 

EU Strategic Framework on Human Rights and Democracy, 20126. 

EU Gender Action Plan III of 25 November 20207. 

EU cooperation is guided by the 2030 Agenda and the SDGs, the Paris Agreement, the Addis 
Ababa Action Agenda. 

The  proposal  will  allow  to  fully  implement  their  provisions  inasmuch  as  it  will  allow 
cooperation with  the Government  of  Burundi  while continuing to  monitor concerns through 
the reinstated permanent political dialogue.   

 • 

Consistency with other Union policies 

The  proposal  is  consistent  with  the  Commission  priorities  for  2019-2024  as  they  apply  to 
external  actions:  Green  Deal,  digital  transformation  and  data  technologies,  alliances  for 
sustainable  growth  and  decent  jobs,  better  management  and  governance  of  migration, 
migration  partnerships,  and  governance,  peace  and  security.  It  is  also  consistent  with  the 
Global strategy for the foreign and security policy of the European Union of 2016. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

Following the objective, content  and  context  of the proposed measure, the substantive legal 
basis is Article 3 of 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-EC  Partnership  Agreement,  in  conjunction 
with  point  3,  second  sub-paragraph,  of  the  Annex  to  this  Agreement  (hereafter:  ‘Internal 
Agreement’)8. 

• 

Choice of the instrument  

Pursuant  to  Article  3  Internal  Agreement,  the  position  of  the  Member  States  for  the 
implementation  of  Article  96  the  ACP-EC  Agreement,  when  that  position  concerns  matters 
within their competence, is adopted by the Council, acting in accordance with the procedure 
set  out  in  the  Annex.  Pursuant  to  point  3  of  the  Annex  to  the  Internal  Agreement,  these 
measures  remain  in  force  until  such  time  as  the  Council  takes  a  decision  amending  or 
revoking the measures adopted previously, on a proposal from the Commission, in agreement 
with the High Representative of the Union for Foreign Affairs and Security Policy, and acting 
by a qualified majority in case of partial suspension.  

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8 

Joint Communication to the European Parliament and the Council, EU Action Plan on Human Rights 
and Democracy (JOIN/2020/5 final) 
EU strategic framework and EU action plan (COUNCIL 11855/12) 
Joint  Communication  to  the  European  Parliament  and  the  Council,  Gender  Action  Plan  III:  An 
Ambitious  Vision  on  Gender  Equality  and  Women’s  Empowerment  for  EU  External  Action 
(JOIN(2020 17 final). 
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-EC Partnership Agreement (OJ L 317, 15.12.2000, p. 376). 

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RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

3. 

• 

N/A 

• 

Stakeholder consultations 

This  proposal  has been initiated  taking into account  the aforementioned  report from  the EU 
Heads of Mission in Burundi, which was discussed in the Africa Working Party (COAFR) on 
25 May 2021 and in the African, Caribbean and Pacific Group of States Working Party (ACP 
WP)  on  28  May  2021.  COAFR  delegates  acknowledged  positive  developments,  and 
expressed  themselves  in  favour  of  revoking  the  appropriate  measures  while  stressing  the 
importance of continuing to encourage the Burundian Government to make further progress in 
the  area  of  Human  Rights,  rule  of  law  and  governance.  The  ACP  Working  Party  delegates 
expressed  their  support  to  the  outcome  of  the  COAFR  discussion  and  underlined  the 
importance  of  keeping  an  advantage  through  the  individual  sanctions  to  facilitate  further 
progress. 

• 

Impact assessment 

Revoking the appropriate measures is expected to build trust between the EU and Burundi and 
normalise relations; it could contribute to reinforce the positive forces within the Burundian 
power  structures;  allow  political  dialogue  in  sensitive  subjects,  increase  EU  influence  and 
reinforce the EU’s position in Burundi in relation to other global actors.  

The lifting of the  appropriate measures will allow to  use the leverage offered by the Multi-
Annual  Indicative  Programming  from  2021-2027  as  incentive  to  pursue  improvements  in 
relation to human rights, rule of law and governance.   

• 

Fundamental rights 

In addition, restrictive measures against persons, entities or bodies undermining democracy or 
obstructing the search for a political solution in Burundi will continue as per Council Decision 
2015/17639. 

4. 

BUDGETARY IMPLICATIONS 

No budgetary implications. 

5. 

OTHER ELEMENTS 

While  this  proposal  envisages  to  lift  the  appropriate  measures  as  listed  in  the  Annex  to  the 
Council Decision 2016/394, restrictive measures under Council Decision 2015/1763 continue 
to be in place, and will be reviewed in the coming months as provided for by that decision.  

COAFR  delegates  have  called  for  a  discussion  on  the  future  of  the  United  Nations 
Commission  of  Inquiry  on  Burundi.  Following  this  discussion,  the  UN  Human  Rights 
Council,  on  the  basis  of  an  EU-led  resolution10,  decided  to  establish  a  country-specific 

9  Council  Decision  (CFSP)  2015/1763  of  1  October  2015  concerning  restrictive  measures  in  view  of  the 

situation in Burundi (OJ L 257, 2.10.2015, p. 37). 

10 

Human Rights Council, Situation Human Right in Burundi, A/HRC/48/16 

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monitoring  mandate  in  the  form  a  Special  Rapporteur  on  the  human  rights  situation  in 
Burundi, as a follow-up to the work done by the Commission of Inquiry. 

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2021/0440 (NLE) 

Proposal for a 

COUNCIL DECISION 

repealing, on behalf of Representatives of the Governments of the Member States 
meeting within the Council, Council Decision 2016/394 concerning the conclusion of 
consultations with the Republic of Burundi under Article 96 of 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 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union,  

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-EC Partnership Agreement, in particular Article 
3 and the Annex thereof,  

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

Consultations  with  the  Republic  of  Burundi  under  Article  96  of  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 200011, as amended12,13 and extended14, were 

11 OJ 2000 L 317, 15.12.2000, p. 3. 
12 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 (OJ 2000 L 317, 15.12.2000, p. 3). The ACP-EU Partnership Agreement was amended by the Agreement 
signed  in  Luxembourg  on  25  June  2005  (OJ  L  209,  11.8.2005,  p.  27)  and  by  the  Agreement  signed  in 
Ouagadougou  on  22  June  2010  (OJ  L  287,  4.11.2010,  p. 3).  The,  application  of  the  ACP-EU  Partnership 
Agreement  was  extended  by  Decision  No  3/2019  No  2/2020  of  the  ACP-EU  Committee  of  Ambassadors  of 
174  December  201920  to  amend  Decision  No  3/2019  of  the  ACP  EU  Committee  of  Ambassadors  to  adopt 
transitional  measures  pursuant  to  Article  95(4)  of  the  ACP-EU  Partnership  Agreement  (OJ  L  420001, 
314.12.2020,  p.  32)  as  amended  by  Decision  No  2/2020  of  the  ACP-EU  Committee  of  Ambassadors  of  4 
December  2020  (OJ  L  420,  14.12.2020,  p.  32)  and  Decision  No  3/2021  of  the  ACP-EU  Committee  of 
Ambassadors of 26 November 2021 (OJ L 441, 9.12.2021, p. 3), until 30 June 2022 or until the entry into force 
or provisional application of the new ACP-EU Partmership Agreement, whichever comes first. 

13 Agreement  amending  for  the  second  time  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, as first amended in Luxembourg on 25 June 2005 (OJ L 
287, 4.11.2010, p. 3). 

14 Decision  No  3/2019  of  the  ACP-EU  Committee  of  Ambassadors  of  17  December  2019 to  adopt  transitional 
measures pursuant to Article 95(4) of the ACP-EU Partnership Agreement [2020/2] (OJ L 1, 3.1.2020, p. 3), as 
amended by Decision No 2/2020 of the ACP-EU Committee of Ambassadors of 4 December 2020 to amend 
Decision  No  3/2019  of  the  ACP-EU  Committee  of  Ambassadors  to  adopt  transitional  measures  pursuant  to 
Article 95(4) of the ACP-EU Partnership Agreement [2020/2052] (OJ L 420, 14.12.2020, p. 32) and Decision 
No 3/2021 of the ACP-EU Committee of Ambassadors of 26 November 2021 to amend Decision No 3/2019 of 

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(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

concluded  by  Council  Decision  (EU)  2016/39415,  and  appropriate  measures,  as 
specified  in  the  Annex  to  that  Decision,  were  taken,  following  a  proposal  of  the 
Commission  in  agreement  with  the  High  Representative  of  the  Union  for  Foreign 
Affairs and Security Policy. 

Overall, the peaceful political transition allowed by the general elections of May 2020 
opened a new window of hope for the population and of opportunities for Burundi and 
for its relations with its partners.  

Since  then  the  Union  has  acknowledged  positive  developments  made  by  the 
Burundian Government with respect to human rights, good governance and the rule of 
law,  and  commitments  taken  in  its  roadmap  (“Feuille  de  route”)  towards  further 
improvements in these areas. 

A government committed to implementing the reforms necessary for the development 
and  stability  of  the  country  was  established,  and  encouraging  progress  towards 
implementing the commitments laid down in Decision (EU) 2016/394 has been made. 

In  line  with  the  assessment  of  the  Commission,  in  agreement  with  the  High 
Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy,  the  reasons  for 
the adoption of Decision (EU) 2016/394, as set out in that decision, are no longer  in 
place.  Hence,  that  decision  should  be  repealed  on  behalf  of  the  Member  States  for 
matters falling within their competence. 

Persisting  challenges  in  the  areas  of  human  rights,  good  governance  and  the  rule  of 
law,  remain,  and  further  progress  by  the  Burundian  authorities  is  needed,  including 
through  the  implementation  of  the  roadmap,  and  in  the  framework  of  the  ongoing 
political dialogue. 

Burundi  remains  fragile  and  the  elected  authorities  need  the  support  of  international 
partners to implement the country's reform programme and development agenda. 

The  European  Union  and  the  Member  States  should  support,  together  with  other 
international  partners,  the  ongoing  efforts  of  national  authorities  to  stabilise  and 
consolidate  the  democratic  institutions,  promote  human  rights,  good  governance  and 
the  rule  of  law  and  implement  commitments  taken  in  its  roadmap  towards  further 
improvements in these areas,  

HAS ADOPTED THIS DECISION:  

Article 1 

Decision (EU) 2016/394 is repealed on behalf of the Member States for matters falling within 
their competence. 

the ACP-EU Committee of Ambassadors to adopt transitional measures pursuant to Article 95(4) of the ACP-
EU Partnership Agreement [2021/2175]  (OJ L 441, 9.12.2021, p. 3). 

15 Council  Decision  (EU)  2016/394  of  14  March  2016  concerning  the  conclusion  of  consultations  with  the 
Republic  of  Burundi  under  Article  96  of  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 (OJ L 73, 18.3.2016, p. 90). 

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

Done at Brussels, 

Article 2 

For the Council 
The President 

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