2005/616/EC: Commission Decision of 17 August 2005 on the monitoring and evaluation of the labour rights situation in Belarus for temporary withdrawal of trade preferences
Date: 2005-08-17
Institutions: European Commission
Subjects: Belarus, common commercial policy, economic sanctions, generalised preferences, international labour law, protection of freedoms, trade union freedom

L 213/16

EN

Official Journal of the European Union

18.8.2005

COMMISSION DECISION

of 17 August 2005

on the monitoring and evaluation of

the labour rights situation in Belarus for temporary

withdrawal of trade preferences

(2005/616/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

for

Having regard to Council Regulation (EC) No 2501/2001 of 10
December 2001 applying a scheme of generalised tariff
preferences
the period from 1 January 2002 to 31
December 2004 — Statements on a Council Regulation
applying a scheme of generalised tariff preferences for the
period from 1 January 2002 to 31 December 2004 (1), and
in particular Articles 26 and 29 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

The tariff preferences granted under Regulation (EC) No
2501/2001 may be temporarily withdrawn in whole or
in part in circumstances including serious and systematic
violation of the freedom of association and the right to
relevant
collective
Conventions of
the International Labour Organisation
(ILO).

bargaining

defined

the

as

in

Pursuant to Regulation (EC) No 2501/2001 the Republic
of Belarus (hereafter referred to as Belarus)
is a bene-
ficiary of generalised tariff preferences.

(ICFTU),

On 29 January 2003, the Commission received infor-
mation from the International Confederation of Free
Trade Unions
the European Trade Union
Confederation (ETUC) and the World Confederation of
Labour
and serious
violations of
freedom of association in Belarus as
defined in ILO Conventions Nos 87 and 98.

(WCL) on alleged systematic

The information put forward was sufficient to justify the
opening
the
Commission decided by a Decision of 29 December
2003 (2) that an investigation should take place.

investigation

therefore

and

an

of

The Belarusian authorities were associated with the inves-
tigation. The written and oral statements collected by the
Commission during the course of the investigation corro-

(1) OJ L 346, 31.12.2001, p. 1. Regulation as last amended by Regu-

lation (EC) No 980/2005 (OJ L 169, 30.6.2005, p. 1).

(2) OJ L 5, 9.1.2004, p. 90.

to organise,

legal personality of

borate the allegations contained in the information
submitted earlier. Belarus is violating the ILO Convention
No 87 on Freedom of Association on various major
points by impeding the right to freely establish trade
union organisations,
the free
the right
choice of trade union organisations and the obtaining
these organisations. Belarus
of
impedes the functioning of trade union organisations,
including their reception of
financial assistance from
international affiliation, and promotes dissolution or
suspension of trade unions. The Government of Belarus
is also violating Convention No 98 (1949) on the Right
to Organise and Collective Bargaining through anti-union
discrimination.

thus provides

information available

sufficient
The
grounds to conclude that
these violations are serious
and systematic and that withdrawal of Belarus’ access
to the scheme of generalised preferences is justified. A
report on the findings of the investigation was submitted
to the Generalised Preferences Committee.

the

expiry of

that period,

the foregoing,

to submit a proposal

In the light of
the Commission shall
monitor and evaluate the situation with regard to
labour rights in Belarus for a period of six months.
the Commission
After
intends
for
temporary withdrawal of the trade preferences unless,
the period, Belarus has made a
before the end of
to
the measures necessary
commitment
conform within eight months with the principles
referred to in the 1998 ILO Declaration on Fundamental
Principles and Rights at Work.

to the Council

to take

(6)

(7)

(8)

The measures provided for
accordance with the opinion of
Preferences Committee,

in this Decision are in
the Generalised

HAS DECIDED AS FOLLOWS:

Sole Article

1.
The Commission shall monitor and evaluate the situation
in Belarus with regard to ILO conventions Nos 87 and 98 for a
period of
from the publication date of an
announcement on the monitoring and evaluation period in
the Official Journal of the European Union.

six months

18.8.2005

EN

Official Journal of the European Union

L 213/17

In that announcement, the Commission will call upon Belarus to make a commitment, before the end
2.
of the period of six months, to take the measures necessary to conform, within eight months, with the
principles referred to in the 1998 ILO Declaration on Fundamental Principles and Rights at Work, as
expressed in the 12 recommendations of the ILO Commission of Enquiry report of July 2004.

3.
Unless Belarus makes such a commitment, the Commission intends to submit, after the expiry of the
six-month period referrred to in paragraph 1, a proposal to the Council for temporary withdrawal of the
trade preferences granted under Regulation (EC) No 2501/2001.

Done at Brussels, 17 August 2005.

For the Commission

Peter MANDELSON
Member of the Commission