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What changed
SHORT JUSTIFICATION
TEXTS ADOPTED
Forced labour, including its modern forms and state-sponsored forced labour, constitutes a serious violation of fundamental human rights and labour rights, and is prohibited under the international human rights law. The EU Charter of Fundamental Rights in its Article 5(2) explicitly prohibits forced labour. Article 7(1) of the Rome Treaty establishing the International Criminal Court also defines enslavement as a crime against humanity, when committed as a part of the widespread or systematic attack directed against any civilian population with knowledge of the attack.
P9_TA(2024)0309
Eradicating forced labour and modern slavery, in the context of the EU’s role as one of the most prominent defenders of human rights in the world, has been in the focus of the DROI Subcommittee for a long time. The Rapporteur therefore welcomes the Commission proposal for banning products made with forced labour from the Union market, and welcomes the fact that the proposal itself makes a clear reference to the EU’s 2020-2024 Action Plan on Human Rights and Democracy, in particular its objective to eradicate forced labour and promote responsible business conduct.
Prohibiting products made with forced labour on the Union market
Nevertheless, the Rapporteur has identified a number of shortcomings that, if not addressed, would have a serious impact on the efforts of the EU and of the Member States to eradicate forced labour in the EU and in third countries, and on the protection of human rights around the world. The Rapporteur has therefore introduced a series of recommendations to address such shortcomings, keeping as much as possible within the shared competences allocated, but also respecting and following the overall mission of the DROI Subcommittee.
Committee on International Trade, Committee on the Internal Market and Consumer Protection
First of all, references are made to the necessity of meaningful consultation and engagement of relevant stakeholders, including workers, workers associations and human rights defenders, during the different stages of the investigation, including the ability to submit complaints and information during the preliminary phase of investigation, as well as in all stages of international cooperation. Measures should also be taken to ensure the protection of all stakeholders and human rights defenders providing information, regardless of their country of origin.
PE746.734
The Rapporteur also proposes to inverse the burden of proof as it currently stands in the Proposal, and to have it fall on economic operators, in line with their due diligence duty to continuously assess their involvement with the adverse impact of their operations, and according to the information reasonably available to them.
European Parliament legislative resolution of 23 April 2024 on the proposal for a regulation of the European Parliament and of the Council on prohibiting products made with forced labour on the Union market (COM(2022)0453 – C9-0307/2022 – 2022/0269(COD))
Specific requirements for corrective actions, including remediation for victims of forced labour, have also been introduced by the Rapporteur. Currently missing in the proposal, the principle of remediation is a crucial element in the eradication of forced labour and in bringing justice to the victims of forced labour, and its fulfilment should be taken into account when considering the lifting of bans imposed. Indications on remediation should be included in the Commission guidelines.
(Ordinary legislative procedure: first reading)
Other corrective actions proposed by the Rapporteur include a direct connection with the EU Global Human Rights sanctions regime/EU Magnitsky Act and with the economic sanctions regime, targeting respectively individuals or entities and countries who do not respect the prohibition of forced labour.
The European Parliament,
Finally, the Rapporteur also recommends including stakeholders engagement, in particular as it concerns human rights expertise, for what concerns the database of forced labour risk areas or products and Commission guidelines, as well as accessibility requirements of the database to human rights defenders, civil society actors and local communities. Moreover, the Rapporteur suggests introducing a presumption of violation of Article 3 of the Regulation with regard to the products listed in the database.
– having regard to the Commission proposal to Parliament and the Council (COM(2022)0453),
AMENDMENTS
– having regard to Article 294(2) and Articles 114 and 207 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90307/2022),
The Committee on Foreign Affairs calls on the Committee on the Internal Market and Consumer Protection and the Committee on International Trade, as the committees responsible, to take the following into account:
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
Amendment 1
– having regard to the opinion of the European Economic and Social Committee of 24 January 2023,
Proposal for a regulation
– having regard to the provisional agreement approved by the committees responsible under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 13 March 2024 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,
Recital 1
– having regard to Rule 59 of its Rules of Procedure,
Amendment 2
– having regard to the joint deliberations of the Committee on International Trade and the Committee on the Internal Market and Consumer Protection under Rule 58 of the Rules of Procedure,
Proposal for a regulation
– having regard to the opinions of the Committee on Foreign Affairs, the Committee on Employment and Social Affairs, the Committee on Development, the Committee on Fisheries and the Committee on Legal Affairs,
Recital 2
– having regard to the report of the Committee on International Trade and the Committee on the Internal Market and Consumer Protection (A9-0306/2023),
Amendment 3
1. Adopts its position at first reading hereinafter set out;
Proposal for a regulation
2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
Recital 3
3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 4
P9_TC1-COD(2022)0269
Proposal for a regulation
Position of the European Parliament adopted at first reading on 23 April 2024 with a view to the adoption of Regulation (EU) 2024/… of the European Parliament and of the Council on prohibiting products made with forced labour on the Union market and amending Directive (EU) 2019/1937
Recital 3 a (new)
(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2024/3015.)
Amendment 5
Proposal for a regulation
Recital 3 b (new)
Amendment 6
Proposal for a regulation
Recital 4
Amendment 7
Proposal for a regulation
Recital 4 a (new)
Amendment 8
Proposal for a regulation
Recital 4 b (new)
Amendment 9
Proposal for a regulation
Recital 4 c (new)
Amendment 10
Proposal for a regulation
Recital 4 d (new)
Amendment 11
Proposal for a regulation
Recital 4 e (new)
Amendment 12
Proposal for a regulation
Recital 5
Amendment 13
Proposal for a regulation
Recital 5 a (new)
Amendment 14
Proposal for a regulation
Recital 6
Amendment 15
Proposal for a regulation
Recital 8
Amendment 16
Proposal for a regulation
Recital 12
Amendment 17
Proposal for a regulation
Recital 12 a (new)
Amendment 18
Proposal for a regulation
Recital 13
Amendment 19
Proposal for a regulation
Recital 16
Amendment 20
Proposal for a regulation
Recital 18
Amendment 21
Proposal for a regulation
Recital 20
Amendment 22
Proposal for a regulation
Recital 22
Amendment 23
Proposal for a regulation
Recital 25
Amendment 24
Proposal for a regulation
Recital 26
Amendment 25
Proposal for a regulation
Recital 32
Amendment 26
Proposal for a regulation
Recital 32 a (new)
Amendment 27
Proposal for a regulation
Recital 33
Amendment 28
Proposal for a regulation
Recital 45
Amendment 29
Proposal for a regulation
Article 2 – paragraph 1 – point a
Amendment 30
Proposal for a regulation
Article 2 – paragraph 1 – point b
Amendment 31
Proposal for a regulation
Article 2 – paragraph 1 – point c
Amendment 32
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Amendment 33
Proposal for a regulation
Article 2 – paragraph 1 – point f
Amendment 34
Proposal for a regulation
Article 2 – paragraph 1 – point g
Amendment 35
Proposal for a regulation
Article 2 – paragraph 1 – point k
Amendment 36
Proposal for a regulation
Article 2 – paragraph 1 – point u a (new)
Amendment 37
Proposal for a regulation
Article 2 – paragraph 1 – point u b (new)
Amendment 38
Proposal for a regulation
Article 2 – paragraph 1 – point u c (new)
Amendment 39
Proposal for a regulation
Article 2 – paragraph 1 – point u d (new)
Amendment 40
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Amendment 41
Proposal for a regulation
Article 4 – paragraph 1 – point a
Amendment 42
Proposal for a regulation
Article 4 – paragraph 2
Amendment 43
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Amendment 44
Proposal for a regulation
Article 4 – paragraph 3 – point d a (new)
Amendment 45
Proposal for a regulation
Article 4 – paragraph 6
Amendment 46
Proposal for a regulation
Article 4 – paragraph 7
Amendment 47
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Amendment 48
Proposal for a regulation
Article 5 – paragraph 3 – introductory part
Amendment 49
Proposal for a regulation
Article 5 – paragraph 3 – point a
Amendment 50
Proposal for a regulation
Article 5 – paragraph 3 – point b
Amendment 51
Proposal for a regulation
Article 5 – paragraph 4
Amendment 52
Proposal for a regulation
Article 5 – paragraph 6
Amendment 53
Proposal for a regulation
Article 6 – paragraph 4 – point c a (new)
Amendment 54
Proposal for a regulation
Article 6 – paragraph 6
Amendment 55
Proposal for a regulation
Article 6 – paragraph 6 a (new)
Amendment 56
Proposal for a regulation
Article 7 – paragraph 1 – point b
Amendment 57
Proposal for a regulation
Article 8 – paragraph 5
Amendment 58
Proposal for a regulation
Article 9 – paragraph 2
Amendment 59
Proposal for a regulation
Article 10 – title
Amendment 60
Proposal for a regulation
Article 10 – paragraph 1
Amendment 61
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 a (new)
Amendment 62
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 b (new)
Amendment 63
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 c (new)
Amendment 64
Proposal for a regulation
Article 10 – paragraph 2
Amendment 65
Proposal for a regulation
Article 10 – paragraph 3
Amendment 66
Proposal for a regulation
Article 10 a (new)
Amendment 67
Proposal for a regulation
Article 11 – paragraph 1
Amendment 68
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Amendment 69
Proposal for a regulation
Article 11 – paragraph 2
Amendment 70
Proposal for a regulation
Article 20 – paragraph 1
Amendment 71
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Amendment 72
Proposal for a regulation
Article 23 – paragraph 1 – point a
Amendment 73
Proposal for a regulation
Article 23 – paragraph 1 – point b
Amendment 74
Proposal for a regulation
Article 23 – paragraph 1 – point e
Amendment 75
Proposal for a regulation
Article 23 – paragraph 1 – point e a (new)
Amendment 76
Proposal for a regulation
Article 23 – paragraph 1 – point e b (new)
Amendment 77
Proposal for a regulation
Article 23 – paragraph 1 – point e c (new)
Amendment 78
Proposal for a regulation
Article 23 – paragraph 1 – point e d (new)
Amendment 79
Proposal for a regulation
Article 24 – paragraph 2
Amendment 80
Proposal for a regulation
Article 24 – paragraph 3 – point d
Amendment 81
Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)
Amendment 82
Proposal for a regulation
Article 25 – paragraph 2
Amendment 83
Proposal for a regulation
Article 26 – paragraph 1
Amendment 84
Proposal for a regulation
Article 26 – paragraph 2
Amendment 85
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Amendment 86
Proposal for a regulation
Article 26 – paragraph 2 b (new)
Amendment 87
Proposal for a regulation
Article 26 – paragraph 2 c (new)
Amendment 88
Proposal for a regulation
Article 26 – paragraph 2 d (new)
PROCEDURE – COMMITTEE ASKED FOR OPINION
FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION