Notice pursuant to Article 19(1) of Council Regulation (EC) No 980/2005 of the initiation of an investigation with respect to the protection of the freedom of association and the right to organise in the Republic of El Salvador
Date: 2008-05-27
Institutions: European Commission
Subjects: El Salvador, International Labour Organisation, fact-finding mission, protection of freedoms, trade union freedom, trade union rights

C 129/22

EN

Official Journal of the European Union

27.5.2008

OTHER ACTS

COMMISSION

Notice pursuant to Article 19(1) of Council Regulation (EC) No 980/2005 of the initiation of an
investigation with respect to the protection of the freedom of association and the right to organise
in the Republic of El Salvador

(2008/C 129/09)

On 31 March 2008, the Commission adopted Decision 2008/316/EC providing for the initiation of an
investigation pursuant to Article 18(2) of Council Regulation (EC) No 980/2005 with respect to the protec-
tion of the freedom of association and the right to organise in El Salvador (OJ L 108, 18.4.2008, p. 29).
The investigation shall establish whether the national legislation of the Republic of El Salvador no longer
incorporates the International Labour Organisation's Convention No 87 concerning Freedom of Association
and Protection of the Right to Organise or whether that legislation is not effectively implemented.

Under Article 18 of Council Regulation (EC) No 980/2005 of 27 June 2005 applying a scheme of
generalised tariff preferences (1), when the Commission has received information and considers that there
are sufficient grounds for an investigation that may justify temporary withdrawal, it may decide to initiate an
investigation.

The Commission has received information that the Supreme Court of El Salvador in its ruling of 28 October
2007 in the Cases 63-2007 and 69-2007 declared certain provisions of the International Labour Organisa-
tion's Convention No 87 concerning Freedom of Association and Protection of the Right to Organise incon-
sistent with Article 47 of the Constitution of El Salvador.

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 ratifica-
tion and effective implementation of this Convention was therefore one of the criteria that El Salvador was
required to meet before it was included in the list of beneficiaries of the special incentive arrangement for
good governance and sustainable development.

The Commission has carried out a preliminary examination of
the Supreme Court of
El Salvador in the Cases 63-2007 and 69-2007 and found that it is necessary to analyze the legal effects of
that ruling further to determine whether they justify a temporary withdrawal of the special
incentive
arrangement.

the ruling of

Interested parties are invited to send any relevant information and comments within 4 months from the
date of publication of this notice in the Official Journal of the European Union, to the following address:
European Commission
Directorate General for Trade
Rue de la Loi 170, Office: 9/23
B-1049 Brussels

(1) OJ L 169, 30.6.2005, p. 1. Regulation as last amended by Regulation (EC) No 55/2008 (OJ L 20, 24.1.2008, p. 1).