Introductory text

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 73g and Article 228a thereof,

Having regard to Council Decision 94/315/CFSP of 30 May 1994 concerning the common position defined on the basis of Article J.2 of the Treaty on European Union regarding the reduction of economic relations with Haiti ^f1,

Having regard to the proposal from the Commission,

Whereas under Council Regulation (EEC) No 1608/93 of 24 June 1993 introducing an embargo concerning certain trade between the European Economic Community and Haiti ^f2 and Council Regulation (EEC) No 3028/93 of 28 October 1993 ropealing the suspension of the embargo concerning certain trade between the European Economic Community and Haiti and amending Regulation (EEC) No 1608/93 introducing this embargo ^f3 and Council Regulation (EC) No 1263/94 of introducing a discontinuation of certain financial and economic relations with Haiti ^f4;

Whereas, as a consequence of these measures, economic operators in the Community and third countries are exposed to the risk of claims by the authorities of Haiti concerning contracts or transactions the performance of which was affected by United Nations Security Council resolutions 917 (1994), 841 (1993), 873 (1993) and 875 (1993);

Whereas paragraph 11 of resolution 917 (1994) obliges all States to prevent the satisfaction of such claims by the Haitian authorities;

Whereas it is therefore necessary to protect economic operators permanently against such claims and to prevent the authorities of Haiti from obtaining compensation for the negative effects of the embargo;

Whereas the Community considers that, in deciding whether to reduce of lift measures taken against the authorities of Haiti, particular account must be taken of any failure by these authorities to comply with paragraph 11 of resolution 917 (1994),

HAS ADOPTED THIS REGULATION: