2002/131/EC: Council Decision of 21 January 2002 amending Decision 2001/131/EC concluding the consultation procedure with Haiti under Article 96 of the ACP-EC Partnership Agreement
Date: 2002-01-21
Institutions: Council of the European Union
Subjects: Haiti, cooperation agreement (EU), democracy, election, sanction (EU)

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Official Journal of the European Communities

19.2.2002

COUNCIL DECISION

of 21 January 2002

amending Decision 2001/131/EC concluding the consultation procedure with Haiti under Article
96 of the ACP-EC Partnership Agreement

(2002/131/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community,

Having regard to the ACP-EC Partnership Agreement, imple-
mented in advance by Decision No 1/2000 of the ACP-EC
Council of Ministers (1), and in particular Article 96 thereof,

Having regard to the Internal Agreement on measures to be
taken and procedures to be followed for the implementation of
the ACP-EC Partnership Agreement, as provisionally applied by
Decision of the Representatives of the Governments of the
Member States on 18 September 2000, and in particular
Article 3 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

On the basis of Council Decision 2001/131/EC (2), the
provision of financial aid to Haiti is partially suspended
following the application of
‘appropriate measures’
provided for in Article 96(2)(c) of the ACP-EC Partner-
ship Agreement.

The Decision expired on 31 December 2001 and
required a review of the measures before that date.

Democratic principles are still not upheld in Haiti.
there are some encouraging developments
However,

which deserve to be reinforced by a conditional and
gradual reactivation of the cooperation,

HAS DECIDED AS FOLLOWS:

Article 1

Decision 2001/131/EC is hereby amended as follows:

1. In the second and third paragraphs of Article 3, the date ‘31
December 2001’ shall be replaced by ‘31 December 2002’.

2. The Annex shall be replaced by the text appearing in the

Annex to this Decision.

Article 2

This Decision shall take effect from the day of its adoption.

This Decision shall be published in the Official Journal of the
European Communities.

Done at Brussels, 21 January 2002.

For the Council

The President

M. ARIAS CAÑETE

(1) OJ L 195, 1.8.2000, p. 46.
(2) OJ L 48, 17.2.2001, p. 31.

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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 Council

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Official Journal of the European Communities

19.2.2002

Annex to the Letter

Indicators of Agreement implementation

Appropriate measures

1

2

3

4

Constitution of
(CEP) in accordance with the basic Agreement

the provisional electoral Council

Use of funds available from the first tranche under the
8th EDF for programmes in partnership with the State
to combat poverty and support democracy

Setting-up of
the electoral guarantee committee
provided for in the basic Agreement, both at central
and devolved level with the powers laid down

Provision of the second tranche under the 8th EDF for
programmes to support the electoral process, provide
roads, combat poverty and support democracy

Holding of a general election judged to be satisfac-
tory by official international observers and reflected
in the setting-up of democratic institutions

the allocation of

the 9th EDF and
Notification of
signing of the relevant NIP with immediate imple-
mentation of projects and programmes education and
non-focal sectors (40 % of the NIP)

Holding of local and regional elections judged to be
satisfactory
international observers,
reflected at the level of setting-up devolved institu-
tions

by official

Release of the 60 % of the NIP of the 9th EDF assignd
to transport infrastructure and envelope B, for possible
support for structural adjustment