Notice of initiation of an investigation of violation of freedom of association in Belarus in view of temporary withdrawal of benefits under the Scheme of Generalised Tariff Preferences (GSP)
Date: 2004-02-14
Institutions: European Commission
Subjects: Belarus, European Commission, committee (EU), exchange of information, generalised preferences, trade union freedom

C 40/4

EN

Official Journal of the European Union

14.2.2004

Notice of initiation of an investigation of violation of freedom of association in Belarus in view of
temporary withdrawal of benefits under the Scheme of Generalised Tariff Preferences (GSP)

(2004/C 40/04)

Under Article 26(1)(b) of Council Regulation (EC) No
2501/2001 (1) preferential arrangements may be withdrawn
from a GSP beneficiary country for ‘serious and systematic
violation of the freedom of association, the right to collective
bargaining or the principle of non-discrimination in respect of
employment and occupation, or use of child labour, as defined
in the relevant ILO conventions’.

The Commission has received information from the Inter-
the
national Confederation of Free Trade Unions (ICFTU),
European Trade Union Confederation (ETUC) and the World
Confederation of Labour (WCL) on alleged systematic and
serious violations of
freedom of association in Belarus as
defined in ILO Conventions Nos 87 and 98.

Information

The information received, supported by reports from inter-
national bodies, relates to obstacles raised systematically by
the authorities of Belarus to oppose legal registration of free
trade unions, to limit trade union activities, and to repress
trade union leaders and activists.
It is alleged that the law
and various legislative decrees place important restrictions
upon the right of workers and employers to establish organi-
sations of their own choosing without prior authorisation and
the right of such organisations to operate without interference
by the public authorities, including the right to receive foreign
Intimidation has
financial
allegedly been used to replace regional and sectoral
trade
union leaders.
Information refers to ‘tame’ or ‘management’
unions having been established at industrial plants. Further
information relates to pressure and intimidation and threats
of dismissal against workers, undermining of established trade

assistance

activities.

their

for

union structures, delays in transfer of union dues, unlawful
entry into union premises, and confiscation and destruction
of union property and papers. There is alleged intimidation
of trade union members and their families by government
officials and employers.

Procedure

Having decided, after consultation with the Generalised Prefe-
rences Committee, that there is sufficient evidence to justify the
initiation of an inquiry, the Commission has commenced an
investigation pursuant to Article 27(2) of Council Regulation
(EC) No 2501/2001.

Interested parties should make themselves known in writing
and submit any useful information to the Commission within
the time limit mentioned below.

Parties who make themselves known and who so request
within the said time limit, will be heard by the Commission,
provided that they can show that they have a particular interest
in being heard.

Time Limit

relevant

information concerning the

information of
All
violation of freedom of association in Belarus, as well as any
request for a hearing should be sent in writing to reach the
European Commission, Directorate General for Trade, Direc-
torate C, Unit C.3, B-1049 Brussels, no later than 60 days
following the date of publication of this notice.

(1) OJ L 346, 31.12.2001, p. 1.