2008/803/EC: Commission Decision of 14 October 2008 providing for the initiation of an investigation pursuant to Article 18(2) of Council Regulation (EC) No 980/2005 with respect to the effective implementation of certain human rights conventions in Sri Lanka
Date: 2008-10-17
Institutions: European Commission
Subjects: Sri Lanka, generalised preferences, human rights, international convention

L 277/34

EN

Official Journal of the European Union

18.10.2008

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 14 October 2008

providing for the initiation of an investigation pursuant to Article 18(2) of Council Regulation (EC)
No 980/2005 with respect to the effective implementation of certain human rights conventions in
Sri Lanka

(2008/803/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Treatment or Punishment and the Convention on the
Rights of the Child, is not being effectively implemented.

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:

(1)

statements and information of

the statement of
to the Special Representative

the United
Reports,
including
Nations (UN) available to the Commission,
the Special Rapporteur on Extrajudicial
the report of
the
Executions of 27 March 2006,
Special Advisor
for
Children and Armed Conflict of 13 November 2006
and the statement of the Special Rapporteur on torture
and other cruel,
inhuman or degrading treatment, of
29 October 2007, as well as other publicly available
reports and information from other relevant sources,
including non-governmental organisations,
indicate that
the Democratic Socialist
legislation of
the national
international
Sri
Republic of
human rights conventions, in particular the International
Covenant on Civil and Political Rights, the Convention
against Torture and other Cruel, Inhuman or Degrading

incorporating

Lanka

(1) OJ L 169, 30.6.2005, p. 1.

(2)

(3)

(4)

(5)

The International Covenant on Civil and Political Rights,
and other Cruel,
the Convention against Torture
Inhuman or Degrading Treatment or Punishment, and
the Convention on the Rights of the Child, are listed as
core human rights conventions respectively in points 1, 5
and 6 of Annex III, Part A, of Regulation (EC) No
980/2005.

the

special

temporary withdrawal of

Article 16(2) of Regulation (EC) 980/2005 provides for
the
incentive
arrangement referred to in Section 2 of Chapter II of
that Regulation, if the national legislation incorporating
those conventions referred to in Annex III of the Regu­
the
lation which have been ratified in fulfilment of
requirements of Article 9(1) and (2)
is not effectively
implemented.

The Commission has examined the information received
and found that it constitutes sufficient grounds for the
opening of an investigation with the objective of deter­
mining whether the legislation of Sri Lanka on the recog­
nition and protection of fundamental human rights is
effectively implemented. This would further allow to
determine whether a temporary withdrawal of
the
special incentive arrangement is justified.

Consultations
Committee were held on 23 September 2008,

Generalised

with

the

Preferences

18.10.2008

EN

Official Journal of the European Union

L 277/35

HAS DECIDED AS FOLLOWS:

Sole Article

The Commission shall initiate an investigation in order to establish whether the national legislation of the
Democratic Socialist Republic of Sri Lanka incorporating the International Covenant on Civil and Political
Rights, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
and the Convention on the Rights of the Child is effectively implemented.

Done at Brussels, 14 October 2008.

For the Commission

Catherine ASHTON
Member of the Commission