Legal provisions of COM(2003)629 - Conclusion of the consultation procedure opened with the Central African Republic under Article 96 of the Cotonou Agreement

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2003/837/EC: Council Decision of 24 November 2003 concluding the consultation procedure opened with the Central African Republic and adopting appropriate measures under Article 96 of the Cotonou Agreement

Official Journal L 319 , 04/12/2003 P. 0013 - 0016


Council Decision

of 24 November 2003

concluding the consultation procedure opened with the Central African Republic and adopting appropriate measures under Article 96 of the Cotonou Agreement

(2003/837/EC)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the ACP-EC Partnership Agreement signed in Cotonou (Benin) on 23 June 2000(1), hereafter referred to as the 'Cotonou Agreement',

Having regard to Council Decision 2003/159/EC of 19 December 2002 concerning the conclusion of the Partnership Agreement between 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(2), and in particular Article 3 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(3), and in particular Article 3 thereof,

Having regard to the Commission proposal,

Whereas:

(1) The essential elements of Article 9 of the Cotonou Agreement, namely respect for democratic principles and the rule of law on which the ACP-EU partnership is based, were violated by the military coup of 15 March 2003, which was condemned by the European Union in its statement of 21 March 2003.

(2) In accordance with Article 96 of the Cotonou Agreement, consultations took place on 12 June 2003 with the ACP countries and the Central African Republic, during which the Central African Authorities made specific commitments to remedy the problems identified by the European Union, to be implemented over a three-month period of in-depth dialogue.

(3) At the end of this period the European Union considers overall that a process of transition towards the return to constitutional rule has begun. However, considerable uncertainties persist as to the firmness and clarity of the Central African Authorities' policy guidelines and the Central African Administration's ability to implement them.

(4) Appropriate measures should accordingly be adopted under Article 96 of the Cotonou Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The consultations with the Central African Republic under Article 96 of the Cotonou Agreement are hereby concluded.

Article 2

The measures set out in the draft letter in the Annex are hereby adopted as appropriate measures under Article 96(2)(c) of the Cotonou Agreement.

Article 3

This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

It shall apply until 30 June 2005.