http://www.legislation.gov.uk/id/eudn/2004/681

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,

Having regard to the Treaty establishing the European Community,

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 20001 (the ACP-EC Partnership Agreement), and in particular Article 96 thereof,

Having regard to the Internal Agreement between the representatives of the governments 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 Partnership Agreement2, and in particular Article 3 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

On the basis of Decision 2001/131/EC3, the provision of financial aid to Haiti is partially suspended as ‘appropriate measures’ pursuant to Article 96(2)(c) of the ACP-EC Partnership Agreement.

(2)

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

(3)

On 12 May 2004 discussions have taken place between the Commission and the Interim Prime Minister of Haiti to take stock of the political agenda of the Interim Government in relation to the restoration of full democratic and constitutional rule, including the election timetable, with due respect for human rights and fundamental freedom.

(4)

By letter of 25 May 2004, the Interim Prime Minister of Haiti confirmed the specific commitments of the Haitian Interim Government to comply with the 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: