{
  "url": "https://openlegislation.uk/eu-decision-2007-641/annex/division-1",
  "json_url": "https://openlegislation.uk/eu-decision-2007-641/annex/division-1.json",
  "legislation": "eudn/2007/641",
  "legislation_title": "Council Decision of 1 October 2007 on the conclusion of consultations with the Republic of the Fiji Islands under Article 96 of the ACP-EC Partnership Agreement and Article 37 of the Development Cooperation Instrument (2007/641/EC)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2007-641",
  "path": "annex/division/1",
  "kind": "division",
  "number": null,
  "heading": "LETTER",
  "text": "H.E. Ratu Epeli NAILATIKAU\nPresident of the Republic of Fiji\nSuva\nRepublic of Fiji\nExcellency,\nThe European Union (EU) attaches great importance to the provisions of Article 9 of the ACP-EU Partnership Agreement and Article 3 of the Development Cooperation Instrument. The ACP-EU partnership is founded on respect for human rights, democratic principles and the rule of law, which form the essential elements of the ACP-EU Partnership Agreement, and form the basis of our relations.\nOn 11 December 2006 the Council of the EU condemned the military takeover in the Republic of Fiji.\nUnder Article 96 of the ACP-EU Partnership Agreement, and considering that the military takeover on 5 December 2006 constituted a violation of the essential elements listed in Article 9 thereof, the EU invited Fiji to consultations, as provided for in the ACP-EU Partnership Agreement, in order to thoroughly examine the situation and, where necessary, take steps to remedy it.\nThe formal part of those consultations began in Brussels on 18 April 2007 . The EU was pleased that at the time the Interim Government confirmed a number of key commitments regarding human rights and fundamental freedoms, respect for democratic principles and the rule of law, as noted below, and proposed positive steps regarding their implementation.\nRegrettably, there have since been a series of regressive developments, in particular in April 2009, meaning that Fiji is now in breach of a range of its commitments. This concerns notably the abrogation of the Constitution, the very substantial delay in holding the parliamentary elections, and human rights violations. Although implementation of the commitments has been substantially delayed, the majority of those commitments remain highly relevant to Fiji’s present situation, and are therefore attached to this letter. As Fiji has unilaterally decided to break a number of key commitments, this has led to losses for Fiji in terms of development funds.\nAlthough restrictions on certain human rights and fundamental freedoms remain, some positive steps have taken place since early 2012, namely the lifting of the Public Emergency Regulations on 7 January 2012 , the announcement on 9 March 2012 of a political process that would lead to a new constitution by March 2013 and the re-establishment of a constitutional democracy through new parliamentary elections due to be held by September 2014.\nIn recognition of those developments and in the spirit of partnership forming the cornerstone of the ACP-EU Partnership Agreement, the EU expresses its readiness to engage in a new formal dialogue regarding those developments. Such a formal dialogue could be envisaged on the occasion of a review mission in the framework of Article 96 of the ACP-EU Partnership Agreement, after the successful conclusion of an inclusive, credible and transparent constitutional consultation process, expected in March 2013.\nAccordingly, the EU has decided to extend the existing appropriate measures for Fiji and amend them as a first response to the steps taken by Fiji, allowing in particular the launch of programming discussions for the 11th European Development Fund (EDF), and notification in due course of an indicative allocation for Fiji. The finalisation, signing and implementation of the 11th EDF programming documents will then be envisaged with the future democratically elected government. Consequently, it is of particular importance that the Interim Government commits to an inclusive, credible and transparent constitutional consultation process and domestic political dialogue, and respects in particular its commitments with regard to human rights and the rule of law and lifts remaining restrictions. While the EU’s position is guided by the essential elements of the ACP-EU Partnership Agreement as well as its fundamental principles, notably regarding the pivotal role of dialogue and the fulfilment of mutual obligations, it is stressed that there are no foregone conclusions on the EU’s side regarding the outcome of this dialogue.\nIf the envisaged review and formal dialogue have a positive outcome, the EU is committed to a further positive review of these appropriate measures. Conversely, if the situation in Fiji does not improve, then further losses of EU development funds for Fiji are set to continue. In particular, the assessment of further progress made towards a return to constitutional rule will guide the EU in the upcoming decisions on Fiji’s national indicative programme under the 11th EDF.\nUntil the formal dialogue has taken place, the EU invites Fiji to continue and intensify the enhanced political dialogue.\nThe appropriate measures are as follows:\nhumanitarian aid and direct support to civil society and vulnerable populations may continue,\nthe cooperation activities under way, in particular under the 8th and 9th EDFs, were allowed to continue,\ncooperation activities that would help the return to democracy and improve governance may be pursued, save under very exceptional circumstances,\nimplementation of the sugar reform accompanying measures for 2006 was allowed to proceed. The financing agreement was signed at the technical level by Fiji on 19 June 2007 . It is noted that the financing agreement includes a suspension clause,\nthe 2007 sugar allocation is zero,\navailability of the 2008 sugar allocation was subject to evidence of credible and timely preparation of elections in accordance with the agreed commitments, notably regarding a census, the redrafting of boundaries and electoral reform in accordance with the Constitution, and measures taken to ensure the functioning of the Elections Office, including the appointment of a Supervisor of Elections by 30 September 2007 in accordance with the Constitution. This 2008 sugar allocation was lost on 31 December 2009 ,\nthe 2009 sugar allocation was cancelled in May 2009 because the Interim Government decided to delay general elections until September 2014,\nthe 2010 allocation was cancelled before 1 May 2010 as no progress was made in the continuation of the democratic process; however, given the critical situation of the sugar sector, part of the allocation was set aside for direct assistance to the population directly dependent on sugar production in order to mitigate adverse social consequences. These funds are centrally managed by the EU’s Delegation in Suva and not channelled through the government,\nthe preparation and eventual signing of the multiannual indicative programme for sugar reform accompanying measures for 2011-2013 can proceed,\nthe availability of the indicative allocation under the multiannual indicative programme for accompanying measures for former Sugar Protocol countries 2011-2013 will be conditional on an agreement in the consultation process; in the absence of such an agreement only social mitigation interventions will be considered for funding through this allocation,\nthe preparation of programming for the 11th EDF may be launched, so that Fiji could expect to be notified of an indicative allocation in due course,\nspecific support for the preparation and implementation of key commitments, in particular in support of the preparation and/or holding of elections, could be considered,\nregional cooperation, and Fiji’s participation in it, is unaffected.\nMonitoring of the commitments will be in accordance with the terms in the Annex to this letter concerning regular dialogue, and effective cooperation with assessment and monitoring missions and reporting.\nFurthermore, the EU expects Fiji to cooperate fully with the Pacific Islands Forum regarding the implementation of the recommendations by the Eminent Persons’ Group, as endorsed by the Forum Foreign Ministers at their meeting in Vanuatu on 16 March 2007 . The EU welcomes recent progress concerning the engagement with the Pacific Islands Forum Ministerial Contact Group set up to monitor the progress of Fiji’s preparations for the elections and its return to democracy.\nThe EU will continue to closely follow the situation in Fiji. Under Article 8 of the ACP-EU Partnership Agreement, an enhanced political dialogue will be conducted with Fiji to ensure respect for human rights, restoration of democracy and respect for the rule of law until both parties conclude that the enhanced nature of the dialogue has served its purpose.\nIf there is a slowing down, breakdown or reversal in the implementation by the Interim Government of the commitments made, the EU reserves the right to readjust the appropriate measures.\nThe EU stresses that Fiji’s privileges in its cooperation with the EU depend on respect for the essential elements of the ACP-EU Partnership Agreement and the principles set in the Development Cooperation Instrument. In order to convince the EU that the Interim Government is fully prepared to follow up on the commitments given, it is essential that early and substantial progress be made in the fulfilment of the agreed commitments.\nYours sincerely,\nDone at Brussels,\nFor the Council\nPresident\nFor the Commission\nCommissioner",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Substituted by Council Decision of 24 September 2012 amending and extending the period of application of Decision 2007/641/EC on the conclusion of consultations with the Republic of the Fiji Islands under Article 96 of the ACP-EC Partnership Agreement and Article 37 of the Development Cooperation Instrument (2012/523/EU)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2007/641/annex/division/1",
    "retrieved_at": "2026-11-01T15:17:04.552318+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}