19.2.2010 EN Official Journal of the European Union L 44/20
COUNCIL DECISION 2010/97/CFSP
of 16 February 2010
on adapting and extending the period of application of the measures in Decision 2002/148/EC concluding consultations with Zimbabwe 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, and in particular Article 217 thereof,
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) and revised in Luxembourg on 25 June 2005 (2), 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-EC Partnership Agreement (3), and in particular Article 3 thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) By Decision 2002/148/EC (4), the consultations with the Republic of Zimbabwe under Article 96(2)(c) of the ACP-EC Partnership Agreement were concluded and appropriate measures, as specified in the Annex to that Decision, were taken.
(2) By Decision 2009/144/EC (5) the application of the measures referred to in Article 2 of Decision 2002/148/EC, which had been extended until 20 February 2004 by Article 1 of Decision 2003/112/EC (6), until 20 February 2005 by Article 1 of Decision 2004/157/EC (7), until 20 February 2006 by Article 1 of Decision 2005/139/EC (8), until 20 February 2007 by Article 1 of Decision 2006/114/EC (9), until 20 February 2008 by Article 1 of Decision 2007/127/EC (10) and until 20 February 2009 by Article 1 of Decision 2008/158/EC (11), was extended for a further period of 12 months until 20 February 2010.
(3) The creation of an inclusive Government should be recognised as an opportunity to re-establish a constructive relationship between the European Union and Zimbabwe and to support the implementation of its reform programme.
(4) However, taking into consideration recent events in Zimbabwe’s political development, as well as the fact that certain important measures concerning the essential elements of the ACP-EC Partnership Agreement, fully integrated into the Global Political Agreement agreed among the three political parties, have still not been adequately implemented, the essential elements cited in Article 9 of the ACP-EC Partnership Agreement are not respected, and the current conditions in Zimbabwe do not ensure respect for human rights, democratic principles and the rule of law.
(5) The period of application of the measures should therefore be extended,
The measures referred to in the annexed letter are hereby adopted as appropriate measures within the meaning of Article 96(2)(c) of the ACP-EC Partnership Agreement.
These measures shall apply for a period of 12 months from 21 February 2010 until 20 February 2011. The measures shall be kept under constant review.
The letter in the Annex to this Decision shall be addressed to the President of Zimbabwe, Mr Mugabe, and copied to Prime Minister Tsvangirai and Deputy Prime Minister Mutambara.
This Decision shall enter into force on the day of its adoption.
This Decision shall be published in the Official Journal of the European Union.