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28.9.2011 Official
Journal
of
the
European
Union L
252/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION
of 26 September 2011
amending and extending the period of application of Decision 2007/641/EC on the conclusion of
consultations with the Republic of the Fiji Islands under Article 96 of the ACP-EC Partnership
Agreement and Article 37 of the Development Cooperation Instrument
(2011/637/EU)
THE COUNCIL OF THE EUROPEAN UNION,
essential elements referred to in Article 9 of the ACP-EU
Partnership Agreement and of the values referred to in
Article 3 of the Development Cooperation Instrument.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 217 thereof,
(2) Those
measures
have
been
extended
by
Council
Decision
2009/735/EC ( 6 ), and subsequently by Council Decisions
Having regard to the Partnership Agreement between the
2010/208/EU ( 7 ), 2010/589/EU ( 8 ) and 2011/219/EU ( 9 ),
members of the African, Caribbean and Pacific Group of
since not only has the Republic of Fiji yet to implement
States of the one part, and the European Community and its
important commitments it made in consultations held in
Member States, of the other part, signed in Cotonou on 23 June
April 2007 concerning essential elements of the ACP-EU
2000 ( 1 ), as last amended in Ouagadougou on 22 June 2010 ( 2 )
Partnership Agreement and the Development Coop
(‘the ACP-EU Partnership Agreement’), and in particular
eration Instrument, but there have also been important
Article 96 thereof,
regressive developments concerning a number of these
commitments.
Having regard to the Internal Agreement between the represen
tatives of the governments of the Member States, meeting
(3) Decision
2007/641/EC
expires
on
30
September
2011.
It
within the Council, on measures to be taken and procedures
is appropriate to extend its validity, and to update the
to be followed for the implementation of the ACP-EC Part
content of the appropriate measures accordingly,
nership Agreement ( 3 ), and in particular Article 3 thereof,
HAS ADOPTED THIS DECISION:
Having regard to Regulation (EC) No 1905/2006 of the
European Parliament and of the Council of 18 December
2006 establishing a financing instrument for development
Article 1
cooperation (‘the Development Cooperation Instrument’) ( 4 ),
and in particular Article 37 thereof,
Decision 2007/641/EC is hereby amended as follows:
Having regard to the proposal from the European Commission,
(1) in Article 3, the second paragraph is replaced by the
following:
Whereas:
‘It shall expire on 30 September 2012. It shall be reviewed
regularly at least once every 6 months.’;
(1) Council
Decision
2007/641/EC
( 5 ) was adopted to take
appropriate measures following the violation of the
(2) the Annex is replaced by the Annex to this Decision.
( 1 ) OJ L 317, 15.12.2000, p. 3.
( 2 ) OJ L 287, 4.11.2010, p. 3.
( 6 ) OJ L 262, 6.10.2009, p. 43.
( 3 ) OJ L 317, 15.12.2000, p. 376.
( 7 ) OJ L 89, 9.4.2010, p. 7.
( 4 ) OJ L 378, 27.12.2006, p. 41.
( 8 ) OJ L 260, 2.10.2010, p. 10.
( 5 ) OJ L 260, 5.10.2007, p. 15.
( 9 ) OJ L 93, 7.4.2011, p. 2.

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L 252/2
EN
Official Journal of the European Union
28.9.2011
Article 2
The letter in the Annex to this Decision shall be addressed to the Republic of Fiji.
Article 3
This Decision shall enter into force on the day of its adoption.
Done at Brussels, 26 September 2011.
For the Council
The President
M. KOROLEC

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EN
28.9.2011 Official
Journal
of
the
European
Union L
252/3
ANNEX
LETTER
H.E. Ratu Epeli NAILATIKAU
President of the Republic of Fiji
Suva
Republic of Fiji
Excellency,
The European Union (EU) attaches great importance to the provisions of Article 9 of the ACP-EU Partnership Agreement
and Article 3 of the Development Cooperation Instrument. The ACP-EU partnership is founded on respect for human
rights, democratic principles and the rule of law, which form the essential elements of the ACP-EU Partnership
Agreement, and form the basis of our relations.
On 11 December 2006 the Council of the EU condemned the military takeover in the Republic of Fiji (Fiji).
Under Article 96 of the ACP-EU Partnership Agreement, and considering that the military takeover on 5 December 2006
constituted a violation of the essential elements listed in Article 9 thereof, the EU invited Fiji to consultations, as provided
for in the ACP-EU Partnership Agreement, in order to thoroughly examine the situation and, where necessary, take steps
to remedy it.
The formal part of those consultations began in Brussels on 18 April 2007. The EU was pleased that at the time the
Interim Government confirmed a number of key commitments regarding human rights and fundamental freedoms,
respect for democratic principles and the rule of law, as noted below, and proposed positive steps regarding their
implementation.
Regrettably, there have since been a series of regressive developments, in particular in April 2009, meaning that Fiji is
now in breach of a range of its commitments. This concerns notably the abrogation of the Constitution, the very
substantial delay in holding the parliamentary elections, and human rights violations. Although implementation of the
commitments has been substantially delayed, the majority of those commitments remain highly relevant to Fiji’s present
situation, and are therefore attached to this letter. As Fiji has unilaterally decided to break a number of key commitments,
this has led to losses for Fiji in terms of development funds.
However, in the spirit of partnership forming the cornerstone of the ACP-EU Partnership Agreement, the EU expresses its
readiness to engage in new formal consultations as soon as there is a reasonable prospect for a positive conclusion to
such consultations. On 1 July 2009 the Interim Prime Minister presented a roadmap for reforms and for a return to
democratic order. The EU stands ready to engage in dialogue regarding this roadmap, and to consider whether it may
serve as a basis for new consultations. Accordingly, the EU has decided to extend the existing appropriate measures for
Fiji in order to create a window of opportunity for new consultations. While some of the appropriate measures are now
out-of-date, it has been concluded that rather than update them unilaterally, the EU prefers to further explore possibilities
for new consultations with Fiji. Consequently, it is of particular importance that the Interim Government commits to an
inclusive domestic political dialogue and to flexibility concerning the time-frame for the roadmap. While the EU’s position
is and always will be guided by the essential elements of the ACP-EU Partnership Agreement as well as its fundamental
principles, notably regarding the pivotal role of dialogue and the fulfilment of mutual obligations, it is stressed that there
are no foregone conclusions on the EU’s side regarding the outcome of future consultations.
If new consultations result in substantial commitments from Fiji, the EU is committed to an early, positive review of these
appropriate measures. Conversely, if the situation in Fiji does not improve, then further losses of development funds for
Fiji are set to continue. In particular, the assessment of progress made towards return to constitutional rule will guide the
EU in the upcoming decisions on accompanying measures for Sugar Protocol countries and Fiji’s National Indicative
Programme under the 10th European Development Fund (EDF).
Until new consultations have taken place, the EU invites Fiji to continue and intensify the enhanced political dialogue.
The appropriate measures are as follows:
— humanitarian aid and direct support to civil society and vulnerable populations may continue,

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L 252/4
EN
Official Journal of the European Union
28.9.2011
— the cooperation activities under way, in particular under the 8th and 9th EDFs, may continue,
— cooperation activities that would help the return to democracy and improve governance may be pursued, save under
very exceptional circumstances,
— implementation of the sugar reform accompanying measures for 2006 may proceed. The financing agreement was
signed at the technical level by Fiji on 19 June 2007. It is noted that the financing agreement includes a suspension
clause,
— the preparation and potential signing of the multi-annual indicative programme for sugar reform accompanying
measures for 2011-2013 can proceed,
— the finalisation, signing at technical level and implementation of the Country Strategy Paper and National Indicative
Programme for the 10th EDF with an indicative financial envelope, as well as the possible allocation of an incentive
tranche of up to 25 % of this sum, will be subject to respect of the commitments made with regard to human rights
and the rule of law notably: that the Interim Government upholds the Constitution, that the independence of the
judiciary is fully respected, that the Public Emergency Regulations, reintroduced on 6 September 2007, are lifted as
soon as possible, that all allegations of human rights infringements are investigated or dealt with in accordance with
the various procedures and forums under the laws of Fiji, and that the Interim Government shall use best endeavours
to prevent security agencies from issuing statements designed to intimidate,
— the 2007 sugar allocation is zero,
— availability of the 2008 sugar allocation was subject to evidence of credible and timely preparation of elections in
accordance with the agreed commitments, notably regarding a census, the redrafting of boundaries and electoral
reform in accordance with the Constitution, and measures taken to ensure the functioning of the Elections Office,
including the appointment of a Supervisor of Elections by 30 September 2007 in accordance with the Constitution.
This 2008 sugar allocation was lost on 31 December 2009,
— the 2009 sugar allocation was cancelled in May 2009 because the Interim Government decided to delay general
elections until September 2014,
— the 2010 allocation was cancelled before 1 May 2010 as no progress was made in the continuation of the democratic
process; however, given the critical situation of the sugar sector, part of the allocation was set aside for direct
assistance to the population directly dependent on sugar production in order to mitigate adverse social consequences.
These funds are centrally managed by the EU’s Delegation in Suva and not channelled through the Government,
— the availability of the indicative allocation under the multi-annual indicative programme for accompanying measures
for former Sugar Protocol countries 2011-2013 will be conditional on an agreement in the consultation process; in
the absence of such an agreement only social mitigation interventions will be considered for funding through this
allocation,
— specific support for the preparation and implementation of key commitments, in particular in support of the
preparation and/or holding of elections, could be considered,
— regional cooperation, and Fiji’s participation therein, is unaffected.
Monitoring of the commitments will be in accordance with the terms in the Annex to this letter concerning regular
dialogue, and effective cooperation with assessment and monitoring missions and reporting.
Furthermore, the EU expects Fiji to cooperate fully with the Pacific Islands Forum regarding the implementation of the
recommendations by the Eminent Persons’ Group, as endorsed by the Forum Foreign Ministers at their meeting in
Vanuatu on 16 March 2007.
The EU will continue to closely follow the situation in Fiji. Under Article 8 of the ACP-EU Partnership Agreement, an
enhanced political dialogue will be conducted with Fiji to ensure respect for human rights, restoration of democracy and
respect for the rule of law until both parties conclude that the enhanced nature of the dialogue has served its purpose.
If there is a slowing down, breakdown or reversal in the implementation by the Interim Government of the commitments
made, the EU reserves the right to adjust the appropriate measures.

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EN
28.9.2011 Official
Journal
of
the
European
Union L
252/5
The EU stresses that Fiji’s privileges in its cooperation with the EU depend on respect for the essential elements of the
ACP-EU Partnership Agreement and the principles set in the Development Cooperation Instrument. In order to convince
the EU that the Interim Government is fully prepared to follow up on the commitments given, it is essential that early
and substantial progress be made in the fulfilment of the agreed commitments.
Yours sincerely,
Done at Brussels,
For the Council of the European Union For
the
European
Commission

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L 252/6
EN
Official Journal of the European Union
28.9.2011
ANNEX TO THE ANNEX
COMMITMENTS AGREED WITH THE REPUBLIC OF FIJI
A. Respect for Democratic Principles
Commitment No 1
That free and fair parliamentary elections take place within 24 months from 1 March 2007, subject to the findings of an
assessment to be carried out by the independent auditors appointed by the Pacific Islands Forum Secretariat. The
processes leading to the holding of the elections will be jointly monitored, adapted and revised as necessary on the
basis of mutually agreed benchmarks. This implies in particular that:
— by 30 June 2007 the Interim Government will adopt a schedule setting out dates for the completion of the various
steps to be taken in preparation for the new parliamentary elections,
— the schedule specifies the timing of a census, the redrafting of boundaries and electoral reform,
— the determination of boundaries and electoral reform will be carried out in accordance with the Constitution,
— measures will be taken to ensure the functioning of the Elections Office, including the appointment of a Supervisor of
Elections by 30 September 2007 in accordance with the Constitution,
— the appointment of the Vice-President will be in accordance with the Constitution.
Commitment No 2
That the Interim Government, when adopting major legislative, fiscal and other policy initiatives and changes, will take
into account consultations with civil society and other relevant stakeholders.
B. Rule of Law
Commitment No 1
That the Interim Government will use its best endeavours to prevent statements by security agencies designed to
intimidate.
Commitment No 2
That the Interim Government upholds the 1997 Constitution and guarantees the normal and independent functioning of
constitutional institutions, such as the Fiji Human Rights Commission, the Public Service Commission, and the Consti
tutional Offices Commission. The substantial independence and functioning of the Great Council of Chiefs will be
preserved.
Commitment No 3
That the independence of the judiciary is fully respected, that it is allowed to work freely and that its rulings are respected
by all concerned parties, in particular:
— that the Interim Government undertakes to appoint the tribunal pursuant to Section 138(3) of the Constitution by
15 July 2007,
— that any appointment and/or dismissal of judges is henceforth carried out in strict conformity with constitutional
provisions and procedural rules,
— that there will be no instances whatsoever of interference, of whatever form, by the military and the police or by the
Interim Government with the judicial process, including full respect for the legal profession.
Commitment No 4
That all criminal proceedings in connection with corruption are dealt with through the appropriate judicial channels and
that any other bodies that may be set up to investigate alleged cases of corruption will operate within constitutional
boundaries.

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EN
28.9.2011 Official
Journal
of
the
European
Union L
252/7
C. Human Rights and Fundamental Freedoms
Commitment No 1
The Interim Government will take all necessary steps to facilitate that all allegations of human rights infringements are
investigated or dealt with in accordance with the various procedures and forums under the laws of the Fiji Islands.
Commitment No 2
The Interim Government will lift the Public Emergency Regulations in May 2007, subject to any threats to national
security, public order and safety.
Commitment No 3
The Interim Government is committed to ensuring that the Fiji Human Rights Commission functions with full inde
pendence and in accordance with the Constitution.
Commitment No 4
That freedom of expression and freedom of the media, in all forms, are fully respected as provided in the Constitution.
D. Follow-up of Commitments
Commitment No 1
That the Interim Government undertakes to maintain a regular dialogue to allow verification of the progress made and
gives EU and European Commission authorities/representatives full access to information on all matters relating to human
rights, the peaceful restoration of democracy and the rule of law in Fiji.
Commitment No 2
That the Interim Government cooperates fully with any missions from the EU to assess and monitor progress.
Commitment No 3
That the Interim Government sends progress reports every 3 months starting 30 June 2007 regarding the essential
elements of the Cotonou Agreement and the commitments.
It is noted that certain issues can only be effectively addressed through a pragmatic approach that acknowledges the
realities of the present and which focuses on the future.

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