52004XC0214(02)

Notice of initiation of an investigation of violation of freedom of association in Belarus in view of temporary withdrawal of benefits under the Scheme of Generalised Tariff Preferences (GSP)

(2004/C 40/04)

Under Article 26(1)(b) of Council Regulation (EC) No 2501/2001(1) preferential arrangements may be withdrawn from a GSP beneficiary country for "serious and systematic violation of the freedom of association, the right to collective bargaining or the principle of non-discrimination in respect of employment and occupation, or use of child labour, as defined in the relevant ILO conventions".

The Commission has received information from the International Confederation of Free Trade Unions (ICFTU), the European Trade Union Confederation (ETUC) and the World Confederation of Labour (WCL) on alleged systematic and serious violations of freedom of association in Belarus as defined in ILO Conventions Nos 87 and 98.

Information

The information received, supported by reports from international bodies, relates to obstacles raised systematically by the authorities of Belarus to oppose legal registration of free trade unions, to limit trade union activities, and to repress trade union leaders and activists. It is alleged that the law and various legislative decrees place important restrictions upon the right of workers and employers to establish organisations of their own choosing without prior authorisation and the right of such organisations to operate without interference by the public authorities, including the right to receive foreign financial assistance for their activities. Intimidation has allegedly been used to replace regional and sectoral trade union leaders. Information refers to "tame" or "management" unions having been established at industrial plants. Further information relates to pressure and intimidation and threats of dismissal against workers, undermining of established trade union structures, delays in transfer of union dues, unlawful entry into union premises, and confiscation and destruction of union property and papers. There is alleged intimidation of trade union members and their families by government officials and employers.

Procedure

Having decided, after consultation with the Generalised Preferences Committee, that there is sufficient evidence to justify the initiation of an inquiry, the Commission has commenced an investigation pursuant to Article 27(2) of Council Regulation (EC) No 2501/2001.

Interested parties should make themselves known in writing and submit any useful information to the Commission within the time limit mentioned below.

Parties who make themselves known and who so request within the said time limit, will be heard by the Commission, provided that they can show that they have a particular interest in being heard.

Time Limit

All relevant information concerning the information of violation of freedom of association in Belarus, as well as any request for a hearing should be sent in writing to reach the European Commission, Directorate General for Trade, Directorate C, Unit C.3, B-1049 Brussels, no later than 60 days following the date of publication of this notice.

(1) OJ L 346, 31.12.2001, p. 1.