HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 333/46
EN
Official Journal of the European Union
5.12.2012
COUNCIL DECISION
of 3 December 2012
extending the application period of Decision 2010/371/EU concerning the conclusion of the
consultation procedure with the Republic of Madagascar under Article 96 of the ACP-EU
Partnership Agreement
(2012/749/EU)
THE COUNCIL OF THE EUROPEAN UNION,
be taken forward. Such progress includes the estab
lishment of the Independent National Electoral
Having regard to the Treaty on the Functioning of the European
Commission of the Transition (INEC-T), Parliament’s
Union,
adoption of an amnesty law, and the announcement of
election dates in line with the recommendations made by
Having regard to the Partnership Agreement between the
United Nations experts. Nevertheless, the roadmap for
members of the African, Caribbean and Pacific Group of
the transition has not been implemented fully.
States, of the one part, and the European Community and its
Member States, of the other part, signed in Cotonou on 23 June
2000 (
(4) The period of application of Decision 2010/371/EU

1 ), and revised in Ouagadougou, Burkina Faso, on
expires on 6 December 2012. Since the parliamentary
22 June 2010 ( 2 ) (hereinafter ‘the ACP-EC Partnership Agree
elections and the second round of presidential elections
ment’), and in particular Article 96 thereof,
are scheduled for 3 July 2013, the appropriate measures
in force should be extended until the Council decides
Having regard to the Internal Agreement between the represen
that credible elections have taken place and that consti
tatives of the governments of the Member States, meeting
tutional order has returned to Madagascar, subject to
within the Council, on measures to be taken and procedures
regular review during this period,
to be followed for the implementation of the ACP-EU Part

nership Agreement ( 3 ), and in particular Article 3 thereof,
HAS ADOPTED THIS DECISION:
Having regard to the proposal from the European Commission,
Article 1
In agreement with the High Representative of the Union for
Foreign Affairs and Security Policy,
In Article 3 of Decision 2010/371/EU, the second sentence is
replaced by the following:
Whereas:
‘It shall remain in force until the Council decides, on the basis
(1) Council
Decision
2010/371/EU
of
7
June
2010
of a proposal made by the Commission, that credible
concerning the conclusion of consultations with the
elections have taken place and that constitutional order has
Republic of Madagascar under Article 96 of the ACP-
returned to Madagascar, subject to regular review during this
EU Partnership Agreement ( 4 ) was adopted in order to
period.’.
implement appropriate measures in response to the
violation of the essential elements referred to in
Article 9 of the ACP-EU Partnership Agreement.
Article 2
This Decision shall enter into force on the day of its adoption.
(2) These
measures
were
extended
until
6
December
2011
by Council Decision 2011/324/EU ( 5 ) and amended and
extended until 6 December 2012 by Council Decision
2011/808/EU ( 6 ).
Done at Brussels, 3 December 2012.
(3) Significant
progress
has
been
made,
in
particular
in
the
establishment of the transition institutions and in the
For the Council
electoral process, as a result of the mediation of the
Southern African Development Community (SADC),
The President
which has enabled the process of ending the crisis to
N. SYLIKIOTIS
( 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.
( 4 ) OJ L 169, 3.7.2010, p. 13.
( 5 ) OJ L 146, 1.6.2011, p. 2.
( 6 ) OJ L 324, 7.12.2011, p. 1.

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EN
5.12.2012 Official
Journal
of
the
European
Union L
333/47
ANNEX
DRAFT LETTER TO THE INTERIM PRESIDENT
Sir,
Welcoming the progress made towards resolving the political crisis with the signing in September 2011 by the Malagasy
political stakeholders of the roadmap to help Madagascar emerge from the crisis, on 5 December 2011 the European
Union (EU) eased the appropriate measures laid down for Madagascar by Decision 2010/371/EU of 7 June 2010.
You were informed of the new decision by letter of 8 December 2011 specifying the preconditions for any measure by
the EU to assist the transition. To that end, over the past year the EU has taken measures to assist the population and
support the electoral process, as provided for in the schedule of commitments set out in the aforementioned letter.
Considerable progress has been made in the implementation of the roadmap, and that progress has been taken into
account in the framework of the appropriate measures in force. Given that the roadmap has not been implemented in
full, and pending the parliamentary elections and the second round of the presidential elections, scheduled for 3 July
2013, the appropriate measures will continue to apply, without any change in the reciprocal EU-Madagascar
commitments and conditions, which remain fully valid until the EU decides that credible elections have taken place
and that constitutional order has returned to Madagascar.
The EU, which attaches the greatest importance to the essential elements concerning respect for human rights, democratic
institutions and the rule of law in accordance with Article 9 of the ACP-EU Partnership Agreement, urges you and all the
stakeholders in the roadmap to redouble your efforts with a view to rapidly overcoming the political obstacles currently
jeopardising its implementation.
The EU also encourages everyone to persevere in your efforts to ensure a peaceful political environment conducive to the
holding of credible elections in May and July 2013 and the completion of the transition process agreed by the Malagasy
authorities and endorsed by the international community.
The EU confirms its continued commitment to assisting the transition process and to rapidly introducing post-transition
support measures, the details of which will be decided upon in the political dialogue with your Government.
The appropriate measures can be reviewed at any time in the light of developments — positive or negative — in the
political situation in Madagascar.
Yours sincerely,
For the European Union
Catherine ASHTON Andrís
PIEBALGS

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