Consultations under Articles 96 and 97 of Cotonou
The Cotonou Agreement is a unique and global agreement which establishes a special partnership between the EU and the ACP States based on a development dimension and a comprehensive political dialogue (Article 8) leading to commitments on both sides. Respect for human rights, democratic principles and the rule of law are considered essential elements of the partnership, while good governance is a fundamental element. In case of breach, by one of the Parties, of one or more of these obligations, a consultation procedure can be launched (under Article 96 for a violation of the essential elements, and under Article 97 for a violation of the fundamental elements) and appropriate measures, including - as a measure of last resort - the reduction of the development cooperation, can be decided.
Articles 96 and 97 of the Cotonou Agreement constitute an essential element of the EU response to poor governance and violation of human rights in the developing countries. Articles 96 and 97 must be seen in the context of the joint ACP-EU determination to strengthen their political dialogue, as a means to achieve an ever deeper partnership of values and principles.
The Council takes decisions pursuant to Articles 96 and 97 acting by qualified majority. The Council must decide unanimously only in case of full suspension of application of the Cotonou Agreement in relation to an ACP State (it has never happened so far).
An overview of all procedures opened under Articles 96 and 97 of the Cotonou Agreement, with an indication of the relevant documentation, is accessible under "policy archive".
Policy archive