2004/681/EC: Council Decision of 24 September 2004 amending Decision 2001/131/EC concluding the consultation procedure with Haiti under Article 96 of the ACP-EC Partnership Agreement
Date: 2004-09-24
Institutions: Council of the European Union
Subjects: EU relations, European Development Fund, Haiti, cooperation policy, political situation

L 311/30

EN

Official Journal of the European Union

8.10.2004

COUNCIL DECISION

of 24 September 2004

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

(2004/681/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(4)

to comply with the

By letter of 25 May 2004, the Interim Prime Minister of
Haiti confirmed the specific commitments of the Haitian
Interim Government
essential
elements of Article 9 of
the ACP-EC Partnership
Agreement, particularly as regards the human rights
situation, democratic principles and the rule of law in
view of the return of the country to full constitutional
and democratic rule,

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 of
31 December 2004 shall be replaced by ‘31 December
2005’.

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

Annex to this Decision.

Article 2

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

Done at Brussels, 24 September 2004.

For the Council
The President

L. J. BRINKHORST

Having regard to the Treaty
Community,

establishing the European

Having regard to the Partnership Agreement between the
members of
the African, Caribbean and Pacific Group of
States of the one part, and the European Community and its
Member States, of the other part, signed in Cotonou on 23 June
2000 (1) (the ACP-EC Partnership Agreement), and in particular
Article 96 thereof,

the governments of

Having regard to the Internal Agreement between the represen-
tatives of
the Member States, meeting
within the Council, on measures to be taken and procedures
to be followed for the implementation of the ACP-EC Part-
nership 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.

Decision 2003/916/EC expires on 31 December 2004
and requires a review of the measures within six months.

On 12 May 2004 discussions have taken place between
the Commission and the Interim Prime Minister of Haiti
the Interim
to take stock of
Government in relation to the restoration of full demo-
cratic and constitutional
including the election
timetable, with due respect for human rights and funda-
mental freedom.

the political agenda of

rule,

(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

2003/916/EC (OJ L 345, 31.12.2003, p. 156).

8.10.2004

EN

Official Journal of the European Union

L 311/31

ANNEX

‘ANNEX

Letter to be addressed to the Government of Haiti

Dear Sir,

The European Union attaches great importance to the provisions of Article 9 of the ACP-EC Partnership Agreement. The
ACP-EC Partnership is founded on respect for human rights, democratic principles and the rule of law. These are essential
elements of the above Agreement and thus form the basis for relations between us.

In this respect, the European Union has followed closely the recent transition in Haiti, especially as regards the desig-
nation of the new Interim Government of Haiti, which was sworn in on 17 March 2004 following an extensive
consultation process based on the CARICOM/OAS plan.

On 12 May 2004, discussions took place in Brussels between you and the Commission of the European Communities
with a view to examining the political agenda of the Interim Government in relation to the restoration of democratic and
constitutional rule. The European Union took note of your commitments particularly as regards the improvements of the
human rights situation, the establishment of democratic principles including the holding of free and fair elections, the rule
of law and good governance, as stated in your letter of 25 May 2004 to the Commission. Those commitments should
lead in due course to greater political stability in Haiti. The European Union strongly urges the Interim Government to
translate these commitments rapidly into concrete actions to ensure that the democratisation process becomes an integral
part of the Haitian political, economic and social
life, thereby ensuring compliance with Article 9 of the ACP-EC
Partnership Agreement.

In the light of these elements, the Council of the European Union reviewed its decision of 22 December 2003 and
decided to review the appropriate measures referred to in Article 96(2)(c) of the ACP-EC Partnership Agreement as
follows:

1. the redirection 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 democratisation,
the strengthening of the rule of law and the electoral process, will be continued and can also include actions
determined as short and medium term priorities in the Interim Cooperation Framework (ICF) established in close
cooperation between the Interim Government, civil society and major donors, particularly institutional support;
2. the allocation of resources under the ninth EDF will be notified upon publication of this Decision in the Official Journal

of the European Union;

3. discussions on the programming of the ninth EDF resources will start immediately with the National Authorising
Officer in view of the preparation of the Country Strategy Paper (CSP) and the National Indicative Programme (NIP).
The strategy will take account of the results of the ICF;

4. B-envelope could be used in advance of the signature of the 9th EDF CSP/NIP, according to real needs;

5. the signature of the NIP is foreseen following national elections respecting the OAS Resolution 822 and accepted as
free and fair by the competent Haitian institutions and by the International Community. It is noted that national
elections are expected by mid-2005 at the latest;

6. contribution to regional projects, operations of a humanitarian nature and trade cooperation are not affected.

All the above measures shall be reviewed regularly and at least within six months.

It is essential for the success of the cooperation to ensure a strengthened absorptive capacity for aid, which is currently
lacking, through good governance and aid management capacity building measures. The modalities of implementation
will be those adapted to the country's capacity for adequate management of public finances.

The European Union will follow closely further developments in the democratisation process, in particular in relation to
the achievement of the commitments of the Interim Government and the steps towards local, national and presidential
elections. The Union reiterates its readiness to continue enhanced political dialogue with the Haitian Interim Government
under Article 8 of the ACP-EC Partnership Agreement.

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

For the Commission
For the Council

The President’