18.2.2012 EN Official Journal of the European Union L 47/47
COUNCIL DECISION
of 17 February 2012
adapting and extending the period of application of the appropriate measures first established by Decision 2002/148/EC concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement
(2012/96/EU)
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), as first amended in Luxembourg on 25 June 2005 (2), and amended for the second time in Ouagadougou on 23 June 2010 (3), hereinafter referred to as ‧the ACP-EU 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 (4), and in particular Article 3 thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) By Council Decision 2002/148/EC (5), the consultations with the Republic of Zimbabwe under Article 96(2)(c) of the ACP-EU Partnership Agreement were concluded and appropriate measures, as specified in the Annex to that Decision, were taken. Those measures have been extended each year since then.
(2) By Council Decision 2011/106/EU (6), the period of application of the measures was extended for a further period of 12 months until 20 February 2012.
(3) In the meantime, the creation of the Government of National Unity (GNU) has been 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) While the overall situation has improved, the implementation of political reforms remains slow, and certain essential elements of the ACP-EU Partnership Agreement, to which the GNU had committed in the Global Political Agreement, still need to be implemented.
(5) The European Union recognises the efforts made by the Southern African Development Community and South Africa, as facilitators of the Global Political Agreement, to establish an environment conducive to credible elections. The completion of a peaceful referendum on the Constitution would represent an important part of this process,
The measures referred to in the letter annexed to this Decision are hereby maintained as appropriate measures within the meaning of Article 96(2)(c) of the ACP-EU Partnership Agreement.
Those measures shall apply for a period of 6 months from 20 February 2012 until 20 August 2012. They shall be kept under constant review and shall be reassessed in light of concrete progress in the implementation of the Global Political Agreement and the preparation of peaceful and credible elections.
The letter annexed to this Decision shall be addressed to the President of Zimbabwe, Mr Mugabe, and copied to Prime Minister Tsvangirai and Mr Welshman Ncube.
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.