2008/316/EC: Commission Decision of 31 March 2008 providing for the initiation of an investigation pursuant to Article 18(2) of Council Regulation (EC) No 980/2005 with respect to the protection of the freedom of association and the right to organise in El Salvador
Date: 2008-03-31
Institutions: European Commission
Subjects: El Salvador, International Labour Organisation, fact-finding mission, trade union freedom

18.4.2008

EN

Official Journal of the European Union

L 108/29

COMMISSION DECISION

of 31 March 2008

providing for the initiation of an investigation pursuant to Article 18(2) of Council Regulation (EC)
No 980/2005 with respect to the protection of the freedom of association and the right to organise
in El Salvador

(2008/316/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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 18(2) thereof,

After consulting the Generalised Preferences Committee,

Whereas:

(3)

(4)

(5)

The International Labour Organisation's Convention No
87 on Freedom of Association and Protection of the
Right to Organise is listed in Annex III, Part A, point
14, of Regulation (EC) No 980/2005.

the ruling of

The Commission has carried out a preliminary exami-
nation of
the Supreme Court of El
Salvador in the cases 63-2007 and 69-2007 and found
that it is necessary to analyse the legal effects of that
they justify a
to determine whether
ruling further
temporary withdrawal
incentive
of
arrangement. The Commission therefore considers that
there are sufficient grounds for an investigation.

special

the

Consultations
Generalised
Committee were held on 3 March 2008,

with

the

Preferences

(1)

(2)

in its

Salvador

received information that

the
The Commission has
Supreme Court of El
ruling of
28 October 2007 in the cases 63-2007 and 69-2007
declared certain provisions of the International Labour
Organisation's Convention No 87 concerning Freedom
of Association and Protection of the Right to Organise
inconsistent with Article 47 of the Constitution of El
Salvador.

Article 16(2) of Regulation (EC) No 980/2005 provides
for the temporary withdrawal of the special
incentive
arrangement referred to in Section 2 of Chapter II of
that Regulation,
legislation
no longer incorporates those conventions referred to in
Annex III of the Regulation which have been ratified in
fulfilment of the requirements of Article 9(1) and (2) or if
that legislation is not effectively implemented.

in particular if the national

HAS DECIDED AS FOLLOWS:

Sole Article

The Commission shall
initiate an investigation in order to
establish whether the national legislation of the Republic of El
Salvador no longer incorporates the International Labour Orga-
nisation's Convention No 87 concerning Freedom of Associa-
tion and Protection of the Right to Organise or whether that
legislation is not effectively implemented.

Done at Brussels, 31 March 2008.

For the Commission

Peter MANDELSON
Member of the Commission

(1) OJ L 169, 30.6.2005, p. 1. Regulation as last amended by Regu-

lation (EC) No 55/2008 (OJ L 20, 24.1.2008, p. 1).