*mm 
COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(91) 546 final 
Brussels, 12 December 1991 
Proposal for a 
COUNCIL REGULATION (EEC) 
prohibiting trade between the Community and the RepublIc of HaTtI 
(presented by the Commission) 
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Explanatory memorandum 
On 30th September 1991, President Aristide, who had been democratically elected 
by a large majority of his fellow citizens, was removed from office by an Army-
led coup d'état and expelled from his country. 
In the hours following the coup d'état, the International community vehemently 
condemned this action, and the Commission was in the front line of those who 
supported President Aristide from the beginning. 
Also from the beginning, the international community demanded the reinstatement 
of President Aristide. This demand was accompanied by the adoption in 
international quarters of a series of resolutions and by the adoption of 
retaliatory economic measures against the new regime. 
After the suspension of development aid adopted by HaTti's principal financial 
backers, and following a request from President Aristide, the Organisation of 
American States decided to recommend an embargo on trade with HaTtl. The 
United Nations General Assembly called upon Its Member States to support the 
efforts of the O.A.S. 
On 31.10.1991, the Committee of Ambassadors of the ACP countries adopted a 
resolution recommending that those countries signatory to the Lomé Convention 
suspend their commercial relations with HaTtl. 
It should be underlined that article 5 of the Lomé Convention IV foresees a 
type of cooperation axed on the development of man, who carries out and is the 
main beneficiary of this development, and therefore postulates the respect and 
the furtherance of all aspects of human rights. It has to be said that the 
current situation in Haïti comprises a diminished respect of these fundamental 
principles which is incompatible with the above-mentioned article 5 of the Lomé 
Convention IV. 
On 2nd December 1991, the Ministers of Foreign Affairs,, meeting within the 
framework of European political cooperation, decided to Impose a commercial 
embargo on HaTtl In order to contribute to restoring democracy and legal rights 
in that country. They also invited the Commission to make proposals to this 
effect. 
The present draft decision represents the Implementation of this decision, on a 
Commun!ty level. 
Proposal for a 
Counc11 ReguI at Ion (EEC)No. ./SI 
of .... 1991 
prohibiting trade between the Community and the Republic of HaTtl 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
WHEREAS the Illegal overthrow of the first democratically elected President of 
the Republic of HaTtl by means of a military coup d'état on 30th Septemer 1991 
has resulted in a serious situation; 
WHEREAS this situation has given rise to a declaration, made by the Community 
and its Member States and adopted on 3rd October 1991 in the framework of 
European political cooperation, vehemently condemning the military coup, firmly 
supporting the legitimate authorities and the democratic forces in that country 
and calling for an immediate return to legal rights and the reinstatement of 
these legitimate authorities, and supporting also the decision to suspend ail 
economic assistance; 
WHEREAS, on 3rd October 1991, the Organisation of American States (O.A.S.) 
decided to recommend to its Member States the suspension of their economic, 
financial and commercial relations with HaTtl, as well as all technical aid and 
cooperation with the exception of that strictly devoted to humanitarian 
purposes; 
WHEREAS, on 11th October 1991, the United Nations General Assembly called upon 
its Member States to support the efforts of the O.A.S.; 
WHEREAS, on 31st October 1991, the Committee of ACP Ambassadors adopted a 
resolution recommending that all signatories of the Lomé Convention suspend all 
commercial relations with HaTti; 
WHEREAS article 5 of the Lomé Convention IV foresees cooperation axed on the 
development of man, who carries out and Is the main beneficiary of this 
development, and therefore postulates the respect and furtherance of all 
aspects of human rights; 
WHEREAS the current situation In HaTtl comprises a diminished respect of these 
fundamental principles which Is Incompatible with the above-mentioned article 5 
of the Lomé Convention IV. 
WHEREAS, on 2nd December 1991, the Ministers of Foreign Affairs, meeting within 
the framework of European political cooperation, decided to Impose a commercial 
embargo on HaTtl In order to contribute to restoring democracy and legal rights 
in that country; whereas, In order to achieve this, the Commission was Invited 
to make appropriate proposals; 
WHEREAS the Community and Its Member States agreed to resort to a Community-
wide instrument in order to ensure a uniform Implementation within the 
Community of measures concerning trade with the Republic of HaTtl; 
WHEREAS It Is necessary to avoid that this regulation affects exports, for 
humanitarian purposes, of essential foodstuffs and medication to be distributed 
•I-
free of charge to the civilian population, or the non-fInanclal services linked 
to these exports; 
WITH REGARD TO the Treaty establishing the European Economic Community, and In 
particular article 113 thereof, 
WITH REGARD TO the Commission's proposal, 
HAS DECIDED 
Article 1 
1) The introduction onto Community territory of any product originating in 
or coming from the Republic of HaTtl; 
2) The export to the Republic of HaTtl of any product originating In or 
coming from the Community; 
3) All activity, other than financial services, having as objective or 
effect the furtherance of trade between the Community and the Republic 
of HaTtl of any product falling under the ECSC Treaty 
are prohibited. 
Article 2 
1. Article 1, alinéa 2 and 3 does not apply to exports, for humanitarian 
purposes, of essential foodstuffs and medication destined for 
distribution free of charge to the civil population, nor to non-
financial services directly linked to such exports. 
2. The exports referred to In paragraph 1) are subject to prior 
authorization to e granted by the competent authorities of the Member 
States. 
3. Article 1, alinéa 3 does not apply to postal and telecommunications 
services, nor to medical services essential to the running of existing 
hospitals and the like. 
Article 3 
This regulation will take effect on the eighth day following Its publication In 
the Official Journal of the European Communities. 
This regulation is obligatory In all respects and directly applicable In all 
Member States. 
Done at Brussels, the For the Council 
ISSN 0254-1475 
COM(91> 546 final 
DOCUMENTS 
EN il û2 
Catalogue number : CB-CO-91-605-EN-C 
ISBN 92-77-79142-X 
Office for Official Publications of the European Communities 
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