2003/916/EC: Council Decision of 22 December 2003 amending Decision 2001/131/EC concluding the consultation procedure with Haiti under Article 96 of the ACP-EC Partnership Agreement
Date: 2003-12-22
Institutions: Council of the European Union
Subjects: EU financing, European Development Fund, Haiti, cooperation agreement (EU), democracy, election, sanction (EU)

L 345/156

EN

Official Journal of the European Union

31.12.2003

COUNCIL DECISION

of 22 December 2003

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

(2003/916/EC)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Having regard to the Treaty establishing the European
Community,

Having regard to the ACP-EC Partnership Agreement (1), which
entered into force on 1 April 2003, and in particular Article
96 thereof,

the governments of

Having regard to the Internal Agreement between the represen-
the Member States, meeting
tatives of
within the Council, on measures to be taken and procedures to
be followed for the implementation of the ACP-EC Partnership
Agreement (2), and in particular Article 3 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

On the basis of Decision 2001/131/EC (3), the provision
of financial aid to Haiti is partially suspended as ‘appro-
priate measures’ pursuant to Article 96(2)(c) of the ACP-
EC Partnership Agreement.

The Decision 2001/131/EC expires on 31 December
2003 and requires a review of the measures before this
date.

actions

to support democratization,

Democratic principles are still not upheld in Haiti.
However,
the
strengthening of the rule of law and the electoral process
deserve to be supported, and in particular in support of
the mission with which the Organisation of American
States was entrusted by its Resolutions No 806, No 822
and No 1959. Actions to strengthen civil society and the
private sector, to fight poverty, to give humanitarian and
emergency assistance and those of direct benefit to the
Haitian people should be further implemented,

Article 1

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

1. In the second and third paragraphs of Article 3, the date of
31 December 2003 shall be replaced by ‘31 December
2004’;
(i) in the second subparagraph ‘31 December 2003’ shall

be replaced by ‘31 December 2004’;
third subparagraph shall be

(ii) the

replaced by the

following:
‘It shall be reviewed regularly and at least within six
months.’

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

Annex to this Decision.

Article 2

This Decision shall take effect the day of its adoption.

This Decision shall be published in the Official Journal of the
European Union

Done at Brussels, 22 December 2003.

For the Council

The President

G. ALEMANNO

(1) OJ L 317, 15.12.2000, p. 3. Agreement as amended by Decision No

1/2003 (OJ L 141, 7.6.2003, p. 25).

(2) OJ L 317, 15.12.2000, p. 376.
(3) OJ L 48, 17.2.2001, p. 31. Decision as last amended by Decision

2003/53/EC (OJ L 20, 24.1.2003, p. 23).

31.12.2003

EN

Official Journal of the European Union

L 345/157

ANNEX

Letter to be addressed to the Government of Haiti

Dear Sir,

The European Union attaches great importance to Article 9 of the ACP-EC Partnership Agreement. Democratic princi-
ples 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 the appropriate measures taken as foreseen in Article 96(2)(c)
of the ACP-EC Partnership Agreement. In its letters of 23 January 2002 and 24 January 2003, the Union reviewed its
decision of 29 January 2001 in order to allow the cooperation instruments affected by these measures to be gradually
reactivated subject to the achievement of objectives as regards the electoral process.

Today, after almost three years of political crisis, the Union considers that democratic principles are still not upheld in
Haiti. Nevertheless, the Union recognizes that numerous international and local efforts are contributing towards the
search for a solution to this crisis, and in particular those of the Organisation of American States (OAS) and of the
Caribbean Community (CARICOM), and it reaffirms its wish to support these efforts. Accordingly, within the framework
of OAS Resolution No 822, the Government of Haiti has committed itself to giving increased priority to the restoration
of a climate of security and of confidence in the country, including the completion of inquiries into all politically moti-
vated crimes and the strengthening of the disarmament programmes. The European Union continues strongly to urge
the Government rapidly to translate this commitment into concrete actions and to undertake all the steps enshrined in
OAS resolution 822 leading to free and fair national and local elections. Furthermore, the European Union is gravely
concerned by the continuing deterioration in the socioeconomic situation in Haiti and reaffirms its intent to continue
cooperation for the direct benefit of the Haitian people.

In the light of these elements, the Council of the European Union reviewed its decision of 10 January 2003 and decided
to review the appropriate measures referred to in Article 96(2)(c) of the Agreement as follows:

(a) The re-direction of the remaining funds under the eighth European Development Fund (EDF) to programmes that
are of direct benefit to the Haitian people, to strengthen civil society and the private sector, and to support democra-
tisation, the strengthening of the rule of law and the electoral process, will be continued;

(b) Decisions on the notification of the 9th EDF allocation, programming and signature of the relevant National Indica-
tive Programme will be taken on the basis of the implementation of OAS resolution 822 and in particular the stipu-
lations regarding the legislative and local elections process including the formation of the Provisional Electoral
Council (CEP-Conseil Electoral Provisoire) the formation by the CEP of the Electoral Guarantees Commission and the
holding of national elections.

Noting the call by the OAS in its resolution 822 for the normalization of cooperation and the donors' meeting held
in Washington in December 2003, the European Union was represented at that meeting and participated in the
review of the situation in Haiti. In this overall context it is considered that regional programmes from the Caribbean
Regional Indicative Programme, which involve direct benefit to the Haitian people and whose benefits are shared by
other countries, are not affected by the above measures. Trade Cooperation and trade-related preferences are not
affected by these measures.

The Union will follow closely further developments in the democratisation process, in particular the achievement of
the steps towards national and local elections. The Union is ready to review its Decision if there are encouraging
developments. It reiterates its readiness to engage in enhanced political dialogue.

Please accept, Sir, the assurance of our highest consideration.

For the Commission

For the Council