HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 203/2
EN
Official Journal of the European Union
6.8.2011
COUNCIL DECISION
of 18 July 2011
concerning the conclusion of consultations with the Republic of Guinea-Bissau under Article 96 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
(2011/492/EU)
THE COUNCIL OF THE EUROPEAN UNION,
representatives of the Guinea-Bissau government
presented satisfactory proposals and undertakings.
Having regard to the Treaty on the Functioning of the European
Union,
(3) Consequently,
the
consultations
opened
under
Article
96
of the ACP-EU Partnership Agreement should be closed
and appropriate measures adopted for the performance
Having regard to the Partnership Agreement between the
of these undertakings,
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
HAS ADOPTED THIS DECISION:
2000 ( 1 ) and revised at Ouagadougou, Burkina Faso on 22 June
2010 ( 2 ) (the ACP-EU Partnership Agreement), and in particular
Article 1
Article 96 thereof,
Consultations with Guinea-Bissau under Article 96 of the ACP-
EU Partnership Agreement are hereby concluded.
Having regard to the internal agreement on measures to be
taken and procedures to be followed for the implementation
Article 2
of the ACP-EC Partnership Agreement ( 3 ), and in particular
Article 3 thereof,
The measures set out in the annexed letter are hereby adopted
as appropriate measures under Article 96(2)(c) of the ACP-EU
Partnership Agreement.
Having regard to the proposal from the European Commission,
Article 3
In conjunction with the High Representative of the Union for
Foreign Affairs and Security Policy,
This Decision shall enter into force on the date of its adoption.
It shall expire on 19 July 2012.
Whereas:
It shall be reviewed regularly at least once every six months,
(1) The
essential
elements
referred
to
in
Article
9
of
the preferably in the light of joint monitoring missions by the
ACP-EU Partnership Agreement have been violated.
European External Action Service and the Commission.
(2)
On 29 March 2011, pursuant to Article 96 of the ACP-
EU Partnership Agreement, consultations started with
Done at Brussels, 18 July 2011.
Guinea-Bissau in the presence of representatives of the
African, Caribbean and Pacific Group of States, including
For the Council
the African Union, Economic Community of West
African States (Ecowas) and the Community of
The President
Portuguese Language Countries (CPLP) during which
C. ASHTON
( 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.

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EN
6.8.2011 Official
Journal
of
the
European
Union L
203/3
ANNEX
DRAFT LETTER
President of the Republic of Guinea-Bissau,
Prime Minister of the Republic of Guinea-Bissau,
Sirs,
The European Union regards the mutiny of 1 April 2010 and the subsequent appointment of its main instigators to high-
ranking posts in the military hierarchy as a serious and evident breach of essential elements set out in 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 (the ACP-EU
Partnership Agreement). It has on several occasions expressed concern about the failure to ensure the primacy of civilian
authority and to abide by the principles of good democratic governance in Guinea-Bissau.
In application of Article 96 of the the ACP-EU Partnership Agreement, the European Union has therefore engaged in a
political dialogue with the government in order to study the situation and possible solutions. Following the agreement of
the Guinea-Bissau government, the consultations opened in Brussels on 29 March 2011.
During the meeting the participants discussed the necessary measures for ensuring the primacy of civilian authority,
improving democratic governance, guaranteeing the safeguarding of constitutional order and the rule of law and tackling
impunity and organised crime. Prior to the consultations, the Guinea-Bissau authorities submitted a memorandum with
proposals designed to assuage the concerns raised in the European Union’s letter.
The European Union noted these undertakings in the course of the consultations, particularly as regards:
— the conduct and conclusion of judicial investigations and proceedings that are fully independent and carried out under
appropriate logistic and security conditions, relating to the assassinations in March and June 2009,
— the effective implementation of the security sector reform based on the strategy adopted by the national parliament
and the legislative package drawn up with the support of the EU’s CSDP mission,
— the renewal of the military hierarchy to ensure the appointment to senior command of persons not involved in
unconstitutional or illegal conduct or acts of violence, in conformity with the conclusions and recommendations of
the Ecowas roadmap for security sector reform,
— the approval of and assistance to an experts’ mission to support security sector reform and the protection of political
figures, to be carried out with the support of Ecowas, the CPLP and/or other partners,
— the preparation, adoption and effective implementation of national operational plans to implement security sector
reform and to combat drug trafficking,
— the improvement of the administrative and financial management of civilian and military employees, and measures to
combat money laundering.
In its conclusions following the consultations the European Union urged the representatives of Guinea-Bissau to
undertake judicial investigations and proceedings into the events of 1 April 2010 to reinforce efforts to tackle the
problem of impunity and to specify a more detailed timetable for implementation of these undertakings in compliance
with the time-frame set out in the Ecowas roadmap.
The European Union found the undertakings made by Guinea-Bissau broadly encouraging. Accordingly, it was decided to
close the consultations and to adopt appropriate measures under Article 96(2)(c) of the ACP-EU Partnership Agreement.
The gradual resumption of cooperation with a view to safeguarding the essential elements referred to in the the ACP-EU
Partnership Agreement will take place in the following stages as set out in Annex I (schedule of commitments):
1. The European Union is continuing to finance ongoing contracts, humanitarian and emergency operations, measures in
direct support of the people of Guinea-Bissau and projects to combat transnational crime and support the consoli
dation of democracy. Guinea-Bissau is eligible for the EDF MDG initiative. The allocation of funding under regional
projects covering Guinea-Bissau and from other EDF facilities (water, energy, etc.) and the launch of preparatory
measures for the implementation of future projects, including the preparation and implementation of future operations
by the European Investment Bank, will be examined on a case-by-case basis.

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L 203/4
EN
Official Journal of the European Union
6.8.2011
2. The suspension of projects and programmes in the ‘Conflict Prevention’ focal sector (with the exception of Projust,
Paracem and disbursement of contributions to the RSS pension fund under the PARSS programme to support reform
of the security sector), the ‘Water and Energy’ focal sector (Bissau Electrification Project) and outside the focal sectors
(the Sustainable Management of Road Transport Project and Private Sector Support Programme) will be lifted as soon
as the following take place:
(i) submission of a detailed timetable for implementation of security sector reform undertakings in compliance with
the Ecowas roadmap;
(ii) the finalisation, adoption, enactment and publication of the security sector reform legislative package drawn up
with the support of the EU’s CSDP mission;
(iii) the approval of and assistance to an experts’ mission to support security sector reform and the protection of
political figures, to be carried out with the support of Ecowas, the CPLP and/or other partners; and
(iv) the preparation, adoption and a start to effective implementation of national operational plans to implement
security sector reform and to combat drug trafficking and money laundering.
3. Disbursement of the EDF’s first contribution to the retirement pension fund for elderly surplus staff in the security
sector (PARSS programme, 9th EDF), conditional on payment of the government’s and Ecowas’s contributions, will be
subject to:
(i) the conduct and conclusion of judicial investigations and proceedings that are fully independent and carried out
under appropriate logistic and security conditions, relating to the assassinations in March and June 2009; and
(ii) improvements in the administrative and financial management of public, civilian and military employees in
Guinea-Bissau.
4. The European Union will envisage resuming budget support, resumption of the new support programme for the
justice sector (Projust, ‘Conflict Prevention’ focal sector), and preparing a new support programme for civil and military
reforms (Paracem, ‘Conflict Prevention’ focal sector), after:
(i) continued effective implementation of national operational plans to implement security sector reform and to
combat drug trafficking and money laundering;
(ii) the commencement of judicial investigations and proceedings into the events of 1 April 2010;
(iii) renewal of the military hierarchy to ensure the appointment to senior command of persons not involved in
unconstitutional or illegal conduct or acts of violence, in conformity with the conclusions and recommendations
of the Ecowas roadmap for security sector reform.
The European Union reserves the right to amend these measures in the light of the changing political situation and
progress in the implementation of commitments.
As part of the procedure under Article 96 of the ACP-EU Partnership Agreement, the European Union will continue to
monitor the situation in Guinea-Bissau closely over a period of 12 months. During this period an enhanced dialogue will
be pursued with the government under Article 8 of the ACP-EU Partnership Agreement with a view to safeguarding the
essential elements referred to in that Agreement. Regular reviews will be conducted by the European Union; the first
monitoring mission should in principle take place within six months.
The two parties undertake to hold a regular political dialogue under Article 8 of the ACP-EU Partnership Agreement on
reforms in the area of political, judicial and economic governance, paying particular attention to the reform of the
security sector, measures to tackle impunity and organised crime, particularly drug trafficking.
We have the honour to be, Sirs, yours faithfully,
For the Council
For the Commission
The President
Commissioner
C. ASHTON
A. PIEBALGS

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EN
6.8.2011 Official
Journal
of
the
European
Union L
203/5
ANNEX I: SCHEDULE OF COMMITMENTS
Commitments by partners
Commitment by Guinea-Bissau Commitment
by
the
European
Union
STATE OF PLAY Financing
continues
for
ongoing
contracts,
humanitarian
and emergency operations, measures in direct support of
the people of Guinea-Bissau and projects to combat
transnational crime and support the consolidation of
democracy. Programmes and actions covered by appro
priate measures have been frozen. The country is eligible
for the MDG initiative. The allocation of funding under
regional projects covering Guinea-Bissau and from other
EDF facilities (water, energy, etc.) and the launch of
preparatory measures for the implementation of future
projects, including the preparation and implementation of
possible operations by the European Investment Bank, to
be examined on a case-by-case basis by the competent
departments of the European Union.
Implementation of the following undertakings:
Resumption of projects and programmes:
— Submission of a detailed timetable for implementation — in the ‘Conflict Prevention’ focal sector (with the
of security sector reform undertakings in compliance
exception of Projust, Paracem and disbursement of
with the Ecowas roadmap
contributions to the RSS pension fund under the
PARSS programme)
— Finalisation, adoption, enactment and publication of the
security sector reform legislative package ( 1 ) drawn up — the ‘Water and Energy’ focal sector (Bissau Electrifi
with the support of the EU’s CSDP mission
cation Project)
— Approval of and assistance to an experts’ mission to — outside the focal sectors (the Sustainable Management
support security sector reform and the protection of
of Road Transport Project and Private Sector Support
political figures, to be carried out with the support of
Programme)
Ecowas, the CPLP and/or other partners
(current financial reference amount: EUR 23,2 million)
— Preparation, adoption and start to effective implemen
tation of national operational plans to implement
security sector reform and to combat drug trafficking
and money laundering
Implementation of the following undertakings:
— Disbursement of the contribution to the retirement
pension fund for elderly surplus staff in the security
sector (PARSS programme, ‘Conflict Prevention’
— Conduct and conclusion of judicial investigations and
sector), in so far as the government and Ecowas
proceedings that are fully independent and carried out
provide the necessary funding
under appropriate logistic and security conditions
relating to the assassinations in March and June 2009 (current financial reference amount: EUR 3 million)
— Improvements in the administrative and financial
management of public, civilian and military
employees in Guinea-Bissau
Implementation of the following undertakings:
Resumption of programmes:
— Effective implementation of national operational plans — support programme for the justice sector (Projust,
to implement security sector reform and to combat
‘Conflict Prevention’ focal sector)
drug trafficking and money laundering
— to support reform of the civil and military adminis
tration – Paracem (‘Conflict Prevention’ focal sector)

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L 203/6
EN
Official Journal of the European Union
6.8.2011
Commitments by partners
Commitment by Guinea-Bissau Commitment
by
the
European
Union
— Commencement of judicial investigations and — for budgetary support
proceedings into the events of 1 April 2010
(current financial reference amount: EUR 46 million)
— Renewal of the military hierarchy to ensure the
appointment to senior command of persons not
involved in unconstitutional or illegal conduct or acts
of violence, in conformity with the conclusions and
recommendations of the Ecowas roadmap for security
sector reform
( 1 ) Framework legislation for the reform of the security sector (indicative list [translation]): National Strategic Defence Concept, National
Defence Act, Armed Forces Organisation Act, Armed Forces General Staff Act, Army Act, Navy Act, Air Force Act, Defence Ministry
Act, Military Readiness Act (revision of Act No 3/99), Military Service Act (revision of Act No 4/99), Interior Ministry Act.

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