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7.12.2011 Official
Journal
of
the
European
Union L
324/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION
of 5 December 2011
amending and extending the application period of Decision 2010/371/EU concerning the conclusion
of consultations with the Republic of Madagascar under Article 96 of the ACP-EC Partnership
Agreement
(2011/808/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Madagascar under Article 96 of the ACP-EU Partnership
Agreement ( 4 ) was adopted in order to implement appro
priate measures in response to the violation of the
essential elements referred to in Article 9 of the said
Having regard to the Treaty on the Functioning of the European
ACP-EU Partnership Agreement.
Union,
Having regard to the Partnership Agreement between the
(2) These
appropriate
measures
were
extended
until
members of the African, Caribbean and Pacific Group of
6 December 2011 by Decision 2011/324/EU ( 5 ) since,
States, of the one part, and the European Community and its
after twelve months, no road map for a consensus-
Member States, of the other part, signed in Cotonou on 23 June
based transition had been signed by the Malagasy
2000 ( 1 ) and amended in Ouagadougou, Burkina Faso, on
parties or endorsed by the Southern African Devel
22 June 2010 ( 2 ), hereinafter referred to as "the ACP-EC Part
opment Community (SADC), the African Union or the
nership Agreement", and in particular Article 96 thereof,
international community.
Having regard to the Internal Agreement between the represen
tatives of the governments of the Member States, meeting
(3) Thanks
to
major
efforts
by
all
Malagasy
political
parties
within the Council, on measures to be taken and procedures
and the mediation of the SADC, a "roadmap" to end the
to be followed for the implementation of the ACP-EC Part
crisis in Madagascar was signed by a clear majority of
nership Agreement ( 3 ), and in particular Article 3 thereof,
Madagascar's political stakeholders on 16 September
2011. This roadmap outlines the commitments entered
into by the signatories with a view to a neutral, inclusive
and consensus-based transition process leading to the
Having regard to the proposal from the European Commission,
holding of transparent, free and credible elections and
the return to constitutional order. Implementation has
already begun with the appointment of a consensus
Prime Minister on 28 October 2011.
In agreement with the High Representative of the Union for
Foreign Affairs and Security Policy,
(4) Accordingly,
the
appropriate
measures
should
be
Whereas:
amended so that the European Union can support the
transition process, on condition that the Malagasy side
fulfils its commitments in terms of the key transition
milestones of the roadmap or of those that may
(1) Decision
2010/371/EU
of
7
June
2010
concerning
the
emerge by agreement in the course of any political
conclusion of consultations with the Republic of
dialogue between the Malagasy government and the
Union.
( 1 ) OJ L 317, 15.12.2000, p. 3.
( 2 ) OJ L 287, 4.11.2010, p. 3.
( 4 ) OJ L 169, 3.7.2010, p. 13.
( 3 ) OJ L 317, 15.12.2000, p. 376.
( 5 ) OJ L 146, 1.6.2011, p. 2.

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L 324/2
EN
Official Journal of the European Union
7.12.2011
(5) The period of application of Decision 2010/371/EU
(2) the appropriate measures set out in the letter in the Annex
expires on 6 December 2011. The appropriate
to Decision 2010/371/EU of 7 June 2010 are replaced by
measures as amended by this Decision should be
the appropriate measures set out in the Annex to this
applicable for twelve months, subject to their regular
Decision.
review over this period,
HAS ADOPTED THIS DECISION:
Article 2
This Decision shall enter into force on the day of its adoption.
Article 1
Decision 2010/371/EU is hereby amended as follows:
Done at Brussels, 5 December 2011.
(1) in Article 3 the second sentence is replaced by the
following:
For the Council
"It shall remain in force during the period until 6 December
The President
2012, subject to regular review during this period";
M. DOWGIELEWICZ

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EN
7.12.2011 Official
Journal
of
the
European
Union L
324/3
ANNEX
LETTER TO THE INTERIM PRESIDENT
Sir,
The European Union (EU) attaches the utmost importance to the provisions of Article 9 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 2000 and amended in Ouaga
dougou, Burkina Faso, on 22 June 2010 (hereinafter "ACP-EC Partnership Agreement"). As essential elements of the
ACP-EU Partnership Agreement, respect for human rights, democratic institutions and the rule of law form the basis of
our relations.
By letter of 16 June 2011, the European Union informed you of its Decision 2011/324/EU to extend until 6 December
2011 the appropriate measures under Article 96(2)(c) of the ACP-EC Partnership Agreement.
Since that date the European Union has closely monitored developments in your country and actively supported the
mediation efforts brokered by the Southern African Development Community (SADC) and supported in particular by the
Indian Ocean Commission and other African partners, which finally led to the signing on 16 September 2011 of the
"roadmap" to end the crisis in Madagascar, as amended and explicitly extended to cover the return to Madagascar of all
Malagasy citizens in exile for political reasons following the SADC summit on 11 and 12 June 2011.
The European Union welcomes the signing of the roadmap, which opens the way to a transition process leading to the
holding of transparent, free and credible elections and a rapid return to constitutional order. The European Union would
point out that it remains ready to back the transition process and support it politically and financially, should it be called
on to do so by the SADC and the African Union (AU), and in close cooperation with the international community.The
European Union is ready to intensify the political dialogue with the transition authorities emerging from the implemen
tation of the roadmap in order to examine the conditions and detailed arrangements for support.
In accordance with Articles 4, 5, 6 and 8 of the roadmap, the appointment of the consensus prime minister and the
transitional government are crucial steps in the implementation of the process since they are responsible for creating the
necessary conditions for the holding of credible, fair and transparent elections, in cooperation with the international
community.
Political and financial support from the European Union is subject to the Malagasy party's fulfilling the commitments set
out below:
Commitments of the Malagasy party Commitments
of
the
European
Union
Signing of the roadmap Statement by the spokesperson of the High Representative of the Union
for Foreign Affairs and Security Policy (HR) (welcoming the signing and
expressing willingness to offer political and financial support for imple
mentation of the transition, subject to its being carried out)
Initial high-level contacts with the Malagasy authorities (visit of two
Malagasy ministers)
Identification/formulation of programmes to support vulnerable
sections of the population (Health, education and nutrition
programme, Programme of support for civil society, Food security and
rural infrastructure programme, Labour-intensive rural roads
programme) under the 10th European Development Fund (EDF) for
around EUR 100 million and budget lines
Identification of programmes to support the transition under the
10th EDF and budget lines
Identification of development cooperation programmes under the
10th EDF mainly via the Technical Cooperation Facility (TCF) of EUR
6 million (in the intervention areas specified in the national indicative
programmes (NIP) of the 10th EDF) and budget lines and European
Investment Bank operations.
Appointment of the consensus prime Recognition of the legitimacy of Madagascar's interim President and
minister and transitional government of government, opening the door to the presentation of credentials by
national unity
the EU's ambassador to Madagascar

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L 324/4
EN
Official Journal of the European Union
7.12.2011
Commitments of the Malagasy party Commitments
of
the
European
Union
EU's affirmative response and active participation, in consultation
with the SADC and the AU, in coordinating the international
community's joint response
Identification of electoral support measures under various
instruments, in particular the Stability Instrument, taking into account
available financial resources
Formulation of programmes to support the transition under the
10th EDF and budget lines
Formulation of development cooperation programmes under the 10th
EDF (in the intervention areas specified in the NIP of the 10th EDF) and
budget lines.
Setting up a transitional parliament and If the report of the UN electoral assessment mission is deemed
independent national electoral commission satisfactory and the electoral timetable realistic:
(CENI) and drafting and implementing a
credible electoral framework with United — Inclusion of Madagascar in the list of priority countries for an
Nations (UN) support (electoral evaluation
EU election observation mission in 2012, thus confirming the
report)
Union's willingness to send an EU election observation mission,
depending on available funds and following the results of an
exploratory mission
— Formulation of electoral support measures using various
instruments, in particular the stability instrument, taking into
account available financial resources
Adoption of an amnesty law ratified by Identification/formulation of measures to support national recon
the interim parliament and adoption by ciliation and democratisation
the said parliament of a law laying down
the conditions for implementing the resig
nation of the interim president, the prime
minister and members of the interim
government if they decide to stand for
election
Holding of parliamentary and presidential Sending an EU election observation mission, depending on available
elections
funds
Proclamation of the election results Statement
by
HR on the conduct and results of the elections and
assessment of their credibility
If the assessment of the elections is favourable, start of the
procedure for repealing the Decision under Article 96 of the
ACP-EC PartnershipAgreement and the European Commission's
decision to take over the functions of NAO
New president, government and
EU statement by the HR and the Commissioner for development
parliament take up their functions and welcoming the return to constitutional order and confirming the full
the country returns to constitutional normalisation of relations between the EU and Madagascar and complete
order
resumption of development cooperation
Repeal of the Decision under Article 96 of the ACP-EU Partnersip
Agreement and the Commission's decision to take over the functions of
the NAO
We urge you and all Malagasy political stakeholders to persevere in your efforts to implement the roadmap as soon as
possible so that the EU can support the consensus-based, neutral transition process to help Madagascar emerge from the
crisis.
The European Union has decided to replace the appropriate measures set out in the letter annexed to Decision
2010/371/EUwith the following appropriate measures:
— humanitarian and emergency aid is not affected,
— the European Commission will implement certain projects and programmes that directly benefit the population,
— budgetary aid provided for in the 9th and 10th EDF NIPs will remain suspended,

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EN
7.12.2011 Official
Journal
of
the
European
Union L
324/5
— projects and programmes already under way under the 9th EDF will continue to be implemented, except for activities
and payments directly involving the government and its agencies; a revision may be possible in the light of devel
opments in the political situation. Amendments and addenda to current contracts will be examined on a case-by-case
basis,
— regional projects will be evaluated on a case-by-case basis,
— the implementation of the 10th EDF NIP is subject to the Malagasy party's fulfilment of the commitments set out in
the above schedule. The said fulfilment of these commitments will find a response from the European Union, which
will gradually implement development cooperation programmes, measures to support the transition and particularly
the electoral process, and will eventually fully resume development cooperation, making the main part of the funds
allocated available to Madagascar.
These measures will remain in force for 12 months but may be reviewed at any moment in the light of positive or
negative developments in the political situation in Madagascar.
Yours faithfully,
For the Council For
the
Commission

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