Issues:

• Specific Issues for Attention

Despite the first decision for the withdrawal of GSP benefits from Myanmar was issued in 1997, it has been reaffirmed in further decisions related to the EU GSP program until December 2011. Moreover, it is reinforced by the Common Position of the EU on Myanmar, issued in 1996.

• Procedural Practice Issues

Jurisdiction: Council of the European Union

Standing: Article 9 of Regulation (EC) No 3281/94 and Article 9 of Regulation (EC) No 1256/96 provide that the preferences may be temporarily withdrawn in whole or in part in circumstances including the practice of any form of forced labor as defined in the Geneva Convention of 25 September 1926 and 7 September 1956 and International Labor Organization (ILO) Conventions No. 29 and 105.

Evidence: the evidence presented by the complainants, written and oral statements collected by the Commission during the course of the investigation.

Decision:
The Union of Myanmar’s access to the tariff preferences granted by Council Regulation (EC) No. 732/2008 of 22 July 2008 applying a scheme of generalized tariff preferences for the period from 1 January 2009 to 31 December 2011 was temporarily withdrawn.

Enforcement: the suspension of benefits to Myanmar continue in force until December 2011.

• Decision:

• The Union of Myanmar’s access to the tariff preferences granted by Council Regulation (EC) No. 732/2008 of 22 July 2008 applying a scheme of generalized tariff preferences for the period from 1 January 2009 to 31 December 2011 was temporarily withdrawn.

• Reason:

• The statements collected by the Commission during the investigation corroborated the allegations in the complaint that the authorities in Myanmar had routinely used forced labor, not only for military operations but also for civilian and military infrastructure building projects, backed by coercion and frequently violent reprisals.
• The Commission requested the authorities of Myanmar to cooperate with the investigation by allowing a fact-finding team into the country; the request was denied.
• The Commission decided the information available provided sufficient grounds to conclude that withdrawal of Myanmar’s access to the scheme of generalized preferences for which it was eligible was justified.
• In addition to this, the fact that the practices condemned had been routine and widespread meant for the Commission that a complete withdrawal of access to the arrangements was warranted.

• Performance:

The sanctions have not been lifted up to July 2011. This regulation has to be considered along with the Common Position of the EU on Myanmar. The first Common Position was issued in 1996. According to it Myanmar has not showed progress towards democratization and there has been continuing violation of human rights. The latter in the form of practice of torture, summary and arbitrary executions, forced labor, abuse of women, political arrests, forced displacement of the populations and restrictions on the fundamental rights of freedom of speech, movement, and assembly. As a consequence the EU Council reaffirmed measures already adopted and introduced new ones, in order to promote a change in the actions from Myanmar’s State Law and Order Restoration Council (Slorc). The Common Position has been constantly reviewed and its measures reaffirmed as the conditions have not improved regarding human rights violations and the lack of progress towards an inclusive democratization process.