http://www.legislation.gov.uk/id/eudn/2005/756

Council Decision

of 17 October 2005

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

(2005/756/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the ACP-EC Partnership Agreement1, which entered into force on 1 April 2003, 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, whereby, in accordance with Article 96(2)(c) of the ACP-EC Partnership Agreement, ‘appropriate measures’ were adopted according to which financial aid granted to Haiti was partially suspended.

(2)

Decision 2004/681/EC expires on 31 December 2005 and requires a review of the measures after six months.

(3)

In March 2005 a working group, set up by the presidency of the European Union in Haiti, the Commission of the European Communities and representatives of the Member States in Haiti, issued a report assessing progress on the Haitian Government’s explicit commitments as regards the essential elements of Article 9 of the ACP-EC Partnership Agreement, in particular respect for human rights, democratic principles and the rule of law, in view of the return of the country to full constitutional democratic governance.

(4)

The current situation in Haiti is very alarming as regards safety, respect for human rights and poverty. This was confirmed by the April 2005 report of the UN Security Council mission. Nevertheless, on several occasions the international community has reaffirmed its commitment to supporting the Interim Government and the Haitian people in their efforts on behalf of democracy and economic and social development.

(5)

The Interim Government deserves the confidence of the European Union to ensure the political transition, in particular by the organisation of the free and fair elections in full compliance with the announced electoral calendar,

HAS DECIDED AS FOLLOWS: