CELEX: 51991PC0546
Language: en
Date: 1991-12-12
Title: Proposal for a COUNCIL REGULATION ( EEC ) prohibiting trade between the Community and the Republic of Haïti

*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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 ---pagebreak---                                    -£ -
                             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.
 ---pagebreak---                                    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
 ---pagebreak---                                          •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
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(91> 546 final
                                                      DOCUMENTS
EN                                                                          i l û2
                                Catalogue number : CB-CO-91-605-EN-C
                                                             ISBN 92-77-79142-X
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