Council Regulation (EC) No 1933/2006 of 21 December 2006 temporarily withdrawing access to the generalised tariff preferences from the Republic of Belarus
Date: 2006-12-21
Institutions: Council of the European Union
Subjects: Belarus, collective bargaining, freedom of association, generalised preferences, import (EU), infringement procedure (EU), originating product, trade union freedom

30.12.2006 

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COUNCIL REGULATION (EC) No 1933/2006 

of 21 December 2006 

temporarily withdrawing access to the generalised tariff preferences  

from the Republic of Belarus 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 133 

thereof, 

Having regard to the proposal from the Commission, 

Having regard to Council Regulation (EC) No 980/2005 of 27 June 2005 applying a scheme of 
generalised tariff preferences 1, and in particular Article 20(4) thereof, 

1 

OJ L 169, 30.6.2005, p. 1. 

 
                                                 
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Whereas: 

(1) 

Pursuant to Regulation (EC) No 980/2005, the Republic of Belarus (hereinafter referred to 

as "Belarus") is a beneficiary country of the Community's scheme of generalised tariff 

preferences. 

(2) 

On 29 January 2003, the International Confederation of Free Trade Unions (ICFTU), the 

European Trade Union Confederation (ETUC) and the World Confederation of Labour 

(WCL) made a joint request to the Commission for an investigation to be made under 

Article 27 of Regulation (EC) No 2501/2001 of 10 December 2001 applying a scheme of 

generalised tariff preferences for 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 20041 into alleged violations of the 

freedom of association and of the right to collective bargaining in Belarus. 

(3) 

The Commission examined the request in consultation with the Generalised Preferences 
Committee and decided, by Decision of 29 December 20032, to initiate an investigation. 
Information from interested parties was sought, by means of a published notice 3. 

(4) 

The Belarussian authorities were formally notified of the opening of the investigation. 

They denied any violations of International Labour Organisation (ILO) Conventions No 87 

(concerning Freedom of Association and Protection of the Right to Organise) and No 98 

(concerning the Application of the Principles of the Right to Organise and to Bargain 

Collectively). 

1 
2 

3 

OJ L 346, 31.12.2001, p. 1. Regulation as last amended by Regulation (EC) No 980/2005. 
Commission Decision 2004/23/EC of 29 December 2003 providing for the initiation of an 
investigation pursuant to Article 27(2) of Council Regulation (EC) No 2501/2001 with 
respect to the violation of freedom of association in Belarus (OJ L 5, 9.1.2004, p. 90). 
OJ C 40, 14.2.2004, p. 4. 

 
                                                 
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(5) 

The information collected by the Commission during the course of the investigation 

conducted in consultation with the Generalised Preferences Committee, however, 

corroborated the existence of serious and systematic violations of the freedom of 

association and of the right to collective bargaining under ILO Conventions No 87 and 

No 98. Among other things, the Commission learned that ILO examined the situation in 

Belarus with respect to the two conventions and had started its own respective 

investigation in November 2003. The resulting ILO Commission of Inquiry report of 

July 2004 contained 12 recommendations to undertake specific steps to improve the 

situation in Belarus. Belarus was urged to implement these recommendations by 

1 June 2005, but no implementation took place. Based on this information and its own 

review, the Commission considered that a temporary withdrawal of the preferential 

arrangement was justified. 

(6) 

On 17 August 2005, the Commission decided to monitor and evaluate the labour rights 
situation in Belarus1. The announcement of the start of the six-month period of monitoring 
and evaluation2 included a statement of the Commission's intention to submit a proposal to 

the Council for the temporary withdrawal of the trade preferences, unless, before the end of 

the period, Belarus had made a commitment to take the measures necessary to conform 

with the principles referred to in the 1998 ILO Declaration on Fundamental Principles and 

Rights at Work, as expressed in the twelve recommendations in the ILO Commission of 

Inquiry report of July 2004. The Belarussian authorities were notified officially of the 

decision and of the announcement. 

1 

2 

Commission Decision 2005/616/EC of 17 August 2005 on the monitoring and evaluation of 
the labour rights situation in Belarus for temporary withdrawal of trade preferences 
(OJ L 213, 18.8.2005, p. 16). 
OJ C 240, 30.9.2005, p. 41. 

 
                                                 
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(7) 

Belarus did not make the requisite commitment within the six-month period of monitoring 

and evaluation, nor, as described below, during the months which followed. Instead, on 

30 March 2006, Belarussian authorities presented to the Commission a submission on the 

situation of freedom of association rights in Belarus. The Commission analysed that 

submission, but concluded that it did not provide sufficient evidence of commitment. 

(8) 

In the meantime, the ILO Governing Body adopted the Committee on Freedom of 

Association (CFA) follow-up report in March 2006, in which the CFA pointed to the actual 

worsening of the situation of trade unions' rights in Belarus and urged the Belarussian 

authorities to take concrete measures immediately. 

(9) 

Further, the Commission received a communication, dated 16 May 2006, from the 

Belarussian authorities on the situation of freedom of association rights in Belarus. Just as 

with the submission of 30 March 2006, after a careful analysis, the Commission came to 

the conclusion that that submission did not provide any sign of commitment or a 

convincing indication that the situation had improved. This assessment of the situation in 

Belarus was shared by the ILO Committee on the Application of Standards of the 

International Labour Conference in its June 2006 report, where it deplored the continued 

failure by the Belarussian Government to implement the recommendations and stressed the 

necessity of rapid actions so that real and tangible progress could be noted. Also the 

June 2006 International Labour Conference, organised under the auspices of ILO, 

classified the lack of implementation of the 12 recommendations, which Belarus continued 

to ignore since July 2004, as a case of continued failure. This exceptional classification is 

only used for very serious and systematic cases of non compliance with a ratified 

convention. 

 
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(10) 

The Commission has carefully analysed recent developments in Belarus, including a letter 

from Belarus dated 14 October 2006 and submitted to the Commission on 

17 October 2006. Instead of producing any effective commitment or clear evidence that the 

situation has improved, that letter, once again, puts forward possible intentions, but 

contains no indication of effective implementation of the principles of ILO Conventions 

No 87 and No 98. The violations of principles laid down in the ILO Conventions No 87 

and No 98 continue to exist. 

(11) 

In the light of the foregoing the preferential arrangement for products originating in 

Belarus should be withdrawn temporarily, until it is decided that the reasons justifying the 

temporary withdrawal no longer prevail. 

(12) 

This Regulation should enter into force six months after its adoption, unless it is decided 

before then that the reasons justifying it no longer prevail, 

HAS ADOPTED THIS REGULATION: 

Article 1 

The preferential arrangement for products originating in Belarus provided for in Regulation (EC) 

No 980/2005 shall be withdrawn temporarily. 

 
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Article 2 

The Council, acting by qualified majority, on a proposal from the Commission, shall re-establish 

the preferential arrangement for products originating in Belarus, if the violations of the freedom of 

association and of the right to collective bargaining in Belarus no longer exist. 

This Regulation shall enter into force 21 June 2007. 

Article 3 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 21 December 2006. 

For the Council 

The President 

J. KORKEAOJA