2001D0131 — EN — 21.01.2002 — 001.001 — 1
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►B COUNCIL DECISION
of 29 January 2001
concluding the consultation procedure with Haiti under Article 96 of the ACP-EC Partnership
Agreement
(2001/131/EC)
(OJ L 48, 17.2.2001, p. 31)
Amended by:
Official Journal
No page date
►M1Council Decision 2002/131/EC of 21 January 2002 L 47 34 19.2.2002
▼B
COUNCIL DECISION
of 29 January 2001
concluding the consultation procedure with Haiti under Article 96 of
the ACP-EC Partnership Agreement
(2001/131/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
on 23 June 2000, hereinafter referred to as ‘the ACP-EC Agreement’,
implemented in advance by Decision No 1/2000(
1) of the ACP-EC
Council of Ministers of 27 July 2000, and in particular Article 96thereof,
Having regard to the internal agreement on measures to be taken and
procedures to be followed for the implementation of the ACP-ECAgreement, as provisionally applied by Decision 2000/771/EC(
2) of the
representatives of the Governments of the Member States of 18
September 2000, and in particular Article 3 thereof,
Having regard to the proposal from the Commission,Whereas:
(1)The essential elements referred to in Article 9 of the ACP-EC
Agreement have been breached by non-compliance with the
Electoral Law of Haiti.
(2)In accordance with Article 96 of the ACP-EC Agreement,
consultations took place with the ACP States and Haiti on 26September 2000, on which occasion the Haitian authorities
explained their position.
(3)Democratic principles are still not upheld in Haiti.
(4)Measures should therefore be taken as ‘appropriate measures’
referred to under Article 96(2)(c) of the ACP-EC Agreement,
HAS DECIDED AS FOLLOWS:
Article 1
The consultations opened with Haiti under Article 96 of the ACP-EC
Agreement are hereby terminated.
Article 2
The measures described in the letter appearing in the Annex shall be
adopted as ‘appropriate measures’ referred to in Article 96(2)(c) of theACP-EC Agreement.
Article 3
This Decision shall enter into force on the day of its adoption.It shall expire on ►
M131 December 2002 ◄.
It shall be reviewed before ►M131 December 2002 ◄at the latest.
Article 4
This Decision shall be published in the Official Journal of the European
Communities .2001D0131 — EN — 21.01.2002 — 001.001 — 2
(1) OJ L 195, 1.8.2000, p. 46.
(2) OJ L 317, 15.12.2000, p. 375.
▼M1
ANNEX
Draft letter
Dear Prime Minister,
The European Union attaches great importance to Article 9 of the ACP-EC
Agreement. Democratic principles and the rule of law, on which the ACP-EC
partnership is founded, are essential elements of the Agreement and thus form the
cornerstone of our relations.
By letter of 31 January 2001, the Union expressed its regret that no satisfactory
solution to remedy the violation of the Haitian electoral law had been found. It
informed you of its decision to suspend partially its financial aid through
‘appropriate measures’ provided for in Article 96(2)(c) of the ACP-EC
Partnership Agreement. Today, after more than 12 months of political crisis
and various conciliation and mediation attempts, the Union considers that
democratic principles are still not upheld in Haiti. The Council of the European
Union has reviewed its Decision of 29 January 2001 to allow a gradual
reactivation of all cooperation instruments on our side subject to the achievement
of democratic objectives as regards the electoral process, on your part. These
measures were discussed with you at the time of the demarches undertaken by the
European Union on … (to be specified).
The Council of the European Union has therefore decided to review the measures
notified to you as ‘appropriate measures’ referred to in Article 96(2)(c) by our
letter of 31 January 2001 in the following way:
— The appropriate measures taken by the Council of the European Union on 29
January 2001 will be maintained until the said agreement has been signed or,
in the absence of such an agreement, until 31 December 2002.
— As soon as an agreement between the two sides is signed, all the cooperation
instruments affected by the measures decided on 29 January 2001 will
gradually be reactivated on the basis of crisis exit indicators, according to the
steps set out in the table in the Annex. These indicators could be adapted, if
necessary, on the basis of developments in both the political and human rights
context.
— These measures expire on 31 December 2002.
The Union does not wish to penalise the Haitian people and will continue with
cooperation programmes which are not affected by these measures. It hopes that
you will do everything you can to achieve these crisis exit steps, thereby enabling
all cooperation instruments to be progressively resumed.
The Union will therefore follow further developments in the democratisation
process closely, particularly the achievement of an agreement between the two
parties to the crisis, and its implementation via the holding of general and local
elections. It reiterates its readiness to engage in enhanced political dialogue and
contribute to the process of democratisation. To this end, it is ready to review its
Decision if there are encouraging developments but reserves the right to take
further measures if there is no improvement.
Please accept, Prime Minister, the assurance of our highest consideration.For the Commission
For the Council2001D0131 — EN — 21.01.2002 — 001.001 — 3
▼M1
Annex to the Letter
Indicators of Agreement implemen-
tationAppropriate measures
1Constitution of the provisional
electoral Council (CEP) in
accordance with the basic
AgreementUse of funds available from the
first tranche under the 8th EDF
for programmes in partnership
with the State to combat poverty
and support democracy
2Setting-up of the electoral
guarantee committee provided
for in the basicAgreement,
both at central and devolved
level with the powers laid
downProvision of the second tranche
under the 8th EDF for
programmes to support the elec-
toral process, provide roads,
combat poverty and support
democracy
3Holding of a general election
judged to be satisfactory by
official international observers
and reflected in the setting-up
of democratic institutionsNotification of the allocation of
the 9th EDF and signing of the
relevant NIP with immediate
implementation of projects and
programmes education and non-
focal sectors (40 % of the NIP)
4Holding of local and regional
elections judged to be satisfac-
tory by official international
observers, reflected at the level
of setting-up devolved institu-
tionsRelease of the 60 % of the NIP
of the 9th EDF assignd to
transport infrastructure and
envelope B, for possible support
for structural adjustment2001D0131 — EN — 21.01.2002 — 001.001 — 4