ANNEX

Sir,

The European Union attaches great importance to the essential elements listed in Article 9 of the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000, hereinafter referred to as the ‘ACP-EC Agreement’ concerning respect for human rights, democratic principles and the rule of law, on which the ACP-EC partnership is founded.

With this in mind, following the seizure of power by the military on 6 August 2008, the European Union immediately condemned the coup d’état and called repeatedly for respect for democracy and the legal institutional framework that had been in place since 2007. In application of Article 96 of the ACP-EC Agreement and as the coup constitutes a serious violation of the essential elements listed in Article 9 of that Agreement, the European Union engaged in a political dialogue with the ruling regime that resulted in the opening of consultations aimed at studying the situation and possible consensual solutions for an early return to constitutional order.

Following the opening meeting of the consultations in Paris on 20 October 2008, the European Union did not consider that any satisfactory proposals had been made by the Mauritanian side. In a spirit of openness to dialogue, and being aware of the complexity of the political situation in Mauritania, the European Union initially proposed to the Mauritanian side that the consultations remain open for a period of one month until it came up with a potentially satisfactory solution that would enable another consultation meeting to be arranged. It also informed the ACP States and Mauritanian side that, in the absence of any new elements, the consultations would be closed and appropriate measures adopted.

At a series of meetings chaired by the African Union, the European Union and the five international organisations that made up the international contact group on Mauritania clearly identified the essential elements of a consensual political solution to the crisis.

The international contact group met again on 28 January 2009 on the eve of the effective implementation of the individual sanctions adopted by the African Union, and on 20 February 2009 to note that there were a number of proposals for putting an end to the crisis, including that by the ruling power which was considered to be still inadequate. The international contact group invited the Mauritanian parties to an inclusive national political dialogue under the auspices of the President of the African Union in order to secure a consensual return to constitutional order.

Appropriate flanking measures for a return to constitutional order

In the light of the above, the European Union has decided to bring the consultation period to an end and to adopt, under Article 96(2)(c) of the ACP-EC Agreement, the appropriate measures described below. Starting from the unsatisfactory situation at present and the fact that a large part of cooperation is already being put on ice, these appropriate measures aim at a gradual reopening of cooperation in response to the following steps towards a consensual return to constitutional order:

1.   Present situation and immediate measures

The measures described below are adopted. The restrictions on cooperation will not affect humanitarian aid or direct aid to the people of Mauritania and Mauritanian civil society.

The political dialogue provided for under Article 8 of the ACP-EC Agreement will be continued with all the Mauritanian parties in parallel with the appropriate measures as indicated in Annex VII, Article 2(5) of the ACP-EC Agreement. This dialogue will be conducted in coordination with the International Contact Group on Mauritania and may be stepped up once a consensual solution for a return to constitutional order has been accepted.

2.   Consensual solution accepted

This situation implies that an actual agreement exists with the Mauritanian parties as described in the Introduction, in point 2.

3.   Implementation of the solution for ending the crisis

This situation involves irreversibly implementing the consensual solution for ending the crisis as described in point 3.

4.   Full return to constitutional order

Monitoring of appropriate measures

The European Union will continue to monitor the situation in Mauritania closely and may support the introduction of a consensual political solution to the crisis if it is based on the abovementioned essential elements in accordance with the demands of the international community. Regular monitoring missions will be organised for that purpose.

The European Union reserves the right to review and revise the above measures in the light of developments in the situation in Mauritania.

We have the honour to be, Sir, yours faithfully,