CELEX: 32006R1933
Language: en
Date: 2006-12-21 00:00:00
Title: Council Regulation (EC) No 1933/2006 of 21 December 2006 temporarily withdrawing access to the generalised tariff preferences from the Republic of Belarus

30.12.2006       EN                 Official Journal of the European Union                 L 405/35
                          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.
 ---pagebreak--- L 405/36          EN                Official Journal of the European Union                   30.12.2006
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
        OJ L 346, 31.12.2001, p. 1. Regulation as last amended by Regulation (EC) No 980/2005.
2
        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).
3
        OJ C 40, 14.2.2004, p. 4.
 ---pagebreak--- 30.12.2006        EN                Official Journal of the European Union                      L 405/37
(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
        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).
2
        OJ C 240, 30.9.2005, p. 41.
 ---pagebreak--- L 405/38         EN                Official Journal of the European Union                     30.12.2006
(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.
 ---pagebreak--- 30.12.2006         EN                Official Journal of the European Union                      L 405/39
(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.
 ---pagebreak--- L 405/40         EN                 Official Journal of the European Union                     30.12.2006
                                                   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.
                                                   Article 3
This Regulation shall enter into force 21 June 2007.
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