Explanatory Memorandum to COM(2014)145 - Repeal of Decision 2010/371/EU concerning the conclusion of consultations with Madagascar under Article 96 of the ACP-EU Partnership Agreement

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On 7 June 2010 the Council of the European Union decided to take appropriate measures against Madagascar following the conclusion of the consultations held 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, signed in Cotonou on 23 June 2000[1], and revised in Ouagadougou, Burkina Faso, on 22 June 2010[2] (hereinafter referred to as ‘the ACP-EC Partnership Agreement’) (2010/371/EU)[3].

That Decision has been extended and amended by Council Decisions 2011/324/EU i, 2011/808/EU[5] and, most recently, by Decision 2012/749/EU[6]. The latter Decision provides that the appropriate measures shall remain in force ‘until the Council decides, on the basis of a proposal made by the Commission, that credible elections have taken place and that constitutional order has returned to Madagascar ...’.

The proposal to repeal the Council Decision is based, in accordance with Article 96 of the ACP-EU Partnership Agreement[7], on the fact that the reasons for maintaining the appropriate measures (transitional institutions holding power since the unconstitutional coup in 2009) no longer prevail.

The holding of credible presidential and general elections on 25 October and 20 December 2013, the proclamation of the official results on 17 January and 6 February 2014 and the inauguration of the newly elected institutions confirm Madagascar's return to constitutional rule. The High Representative/Vice-President, Baroness Ashton, also welcomed and expressed satisfaction at the conduct of the elections[8].

All the conditions are thus met for the EU's commitments on Madagascar, as listed in the annex to Council Decision 2011/808/EU, to be honoured and for the Council to repeal the decision currently in force.

Revoking the provisional measures will send a strong, clear political signal from the EU to Madagascar and to all international partners, particularly those in Africa, regarding its support at the start of this new post-crisis era and will allow the normal cooperation ties between the EU and Madagascar to be resumed.