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From · opinion parliamentary committee · 2023-07-04 DEVE-AD-742681 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

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To · opinion parliamentary committee · 2023-07-18 AFET-AD-745348 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

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SHORT JUSTIFICATION

The Union and other members of the international community have committed to eradicating forced labour by 2030, in line with the United Nations Agenda 2030. Yet, it is estimated that about 27.6 million people were in forced labour in 2021, including 3.9 million people in forced labour imposed by state authorities. Further action is needed to contribute to the fight against forced labour worldwide. In this context, the Commission proposal of 14 September 2022 seeks to prohibit products made with forced labour on the EU market.

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.

This Regulation represents a very important step forward in this area. As such, the Rapporteur welcomes the proposal and its overarching objective. Nevertheless, the Rapporteur believes that improvements are needed to ensure that the perspective of developing countries is taken into account, a matter of crucial importance for the credibility of the Union as a promoter of fundamental rights and values. The Rapporteur introduces a number of amendments to address this.

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.

The Rapporteur considers it crucial to ensure the coherence of this Regulation with the future Corporate Due Diligence legislation. In this sense, a series of amendments are proposed to stress the importance of the implementation of effective due diligence measures by the economic operators. In particular, the subject matter and the power of the competent authorities have been reinforced to reflect this approach. Additionally, definitions of forced labour risk areas and forced labour risk products have been included.

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.

For the victims of forced labour, the consequences and damage can be severe and last for generations. In order to ensure that the victims’ interests are put at centre of the Regulation, amendments that introduce the matter of remediation for affected workers are introduced, whereby proof of effective remediation for victims of forced labour is added as a condition for the withdrawal of the ban. As such, the amendments enable the Regulation to go beyond serving as a vehicle for consumer information to respond to the needs of affected workers and encourage effective preventive measures.

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.

Amendments have also been introduced to formalise the inclusion of civil society organisations as well as trade unions and other workers’ representatives, who promote, represent or defend the issues related to the Regulation. In order to avoid any negative consequences of decisions, it is crucial that the competent authorities listen to those potentially affected. As such, an assessment of the impacts on affected workers and partner countries of any decision to be adopted shall be carried out with the meaningful engagement of relevant stakeholders.

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.

With the end-goal being the eradication of forced labour, a set of amendments are introduced to increase the transparency of value chains and balance the burden of proof. To this purpose, an Article is introduced to ensure that companies map their value chain and publicly disclose relevant information on their value chain, as the complexity of global value chains make it difficult for authorities alone to reach sufficient standard of proof.

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.

In order to facilitate the submission of complaints on alleged violations to the legislation, amendments state that the Commission shall establish a centralised mechanism to receive complaints by any stakeholder, where complaints may be lodged anonymously.

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.

Finally, the Rapporteur has also suggested amendments to ensure that stakeholders are provided with information and effective support to exercise the rights provided to them in the Regulation. Furthermore, the Rapporteur suggests that the Commission should provide guidelines in order to support stakeholders to participate and meaningfully engage in the procedure, as well as to support companies to fulfil their obligations.

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.

AMENDMENTS

The Committee on ~~Development~~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 ~~into account~~ the following ~~amendments:~~into account:

Amendment 1

Proposal for a regulation

Recital 1 ~~a (new)~~

Text proposed by the Commission

Amendment

(1 a) Several ILO standards explicitly prohibit forced labour or related practices among specific categories of vulnerable workers. These include the Worst Forms of Child Labour Convention, 1999 (No. 182), the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), and the Indigenous and Tribal Peoples Convention, 1989 (No. 169).

(1) As recognised in the Preamble to the 2014 Protocol to Convention No. 29 on forced labour (‘ILO Convention No. 29’) of the International Labour Organization (‘ILO’), forced labour constitutes a serious violation of human dignity and fundamental human rights and stands in the way of the achievement of decent work for all. The ILO declared the elimination of all forms of forced or compulsory labour as a principle concerning the fundamental rights. The ILO classifies ILO Convention No. 29, the 2014 Protocol to Convention No. 29 supported by the Forced Labour (Supplementary Measures) Recommendation (No. 203) and the ILO Convention No.105 on the abolition of forced labour (‘ILO Convention No.105’) as fundamental ILO Conventions16 . Forced labour covers a wide variety of coercive labour practices where work or services such as transportation and storage are exacted from any person under the threat of a penalty and for which the person has not offered it themselves voluntarily.17 The European Court of Human Rights has repeatedly found that, under Article 4 of the European Convention on Human Rights, initial consent and voluntariness become null and void if there is an abuse of position of vulnerability. The ILO has developed several elements which, individually or in conjunction, can indicate a forced labour situation: threats or actual physical harm, restriction of movement or confinement to the workplace or a limited area, debt bondage, withholding wages or excessive wage reduction that violates previously made agreements, retention of passports and identity documents or threat of denunciation to the authorities, when the worker has an irregular immigration status.

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16 https://www.ilo.org/global/standards/introduction-to-international-labour-standards/conventions-and-recommendations/lang--en/index.htm.

17 The ILO definition of forced labour according to the ILO Forced Labour Convention, 1920 (No. 29), What is forced labour, modern slavery and human trafficking (Forced labour, modern slavery and human trafficking) (ilo.org).

Amendment 2

(2) The use of forced labour is widespread in the world. It is estimated that about 27.6 million people were in forced labour in 2021.18 Vulnerable and marginalised groups in a society are particularly susceptible to be pressured into performing forced labour. Even when it is not state imposed, forced labour is often a consequence of a lack of good governance of certain economic operators.

(2) The use of forced labour is widespread in the ~~world, and its prevalence has risen in the last years.~~world. It is estimated that about 27.6 million people were in forced labour in ~~2021,~~2021.18 ~~including~~Vulnerable ~~3.9~~and ~~million~~marginalised ~~people~~groups in ~~forced~~a ~~labour~~society, ~~imposed~~such byas ~~state~~women, ~~authorities.18~~children, ~~Vulnerable~~migrants ~~and~~(in ~~marginalised~~particular ~~groups~~if inthey are undocumented or with a ~~society~~precarious status or in the informal economy), ethnic minorities, lower castes, indigenous and tribal peoples, are particularly susceptible to be pressured into performing forced labour. Even when it is not state imposed, forced labour is often a consequence of aroot causes such as poverty, discrimination, absence or lack of good governance or lack of ~~certain~~welfare ~~economic~~and ~~operators.~~decent employment conditions and opportunities. Forced labour can also take place as a result of authorities' tacit consent.

__________________

Proposal for a regulation

~~Recital 2 a (new)~~

Recital 3

Text proposed by the Commission

Amendment

(2 a) The Union and other members of the international community have committed to eradicating forced labour by 2030 in line with the target 8.7 of the United Nations Sustainable Development Goals. They have therefore pledged their commitment to take effective measures to eradicate forced labour.

(3) The eradication of forced labour is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19

(3) The prohibition of the use of forced or compulsory labour in all its forms is considered as a peremptory norm of international law on human rights. The eradication of forced labour is therefore a priority for the Union that stems inter alia from its principles and international commitments. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. In order to achieve Target 8.7 of the Sustainable Development Goals, the Union should uphold and promote its values and contribute to the protection of human rights, in particular the rights of the child. Article 5 of the Charter of Fundamental Rights of the European Union explicitly prohibits slavery, servitude, forced or compulsory labour and trafficking in human beings. Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19

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19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.

Amendment 4

Proposal for a regulation

Recital 23 ba (new)

Text proposed by the Commission

Amendment

(2 b) It is estimated that about 11.8 million women and girls were in forced labour in 2021, which represents almost 43% of the total.1a 4.9 million of them were in sexual exploitation. Women are more likely to be coerced through wage non-payment and abuse of vulnerability. It is therefore fundamental to ensure that this Regulation is implemented in a gender-responsive manner. Human rights violations are not gender neutral and should not be treated as such. Women are often disproportionately affected by forced labour, which requires a specific response to their needs. Competent authorities should apply a gender lens throughout all of the steps of the Regulation prohibiting products made with forced labour on the Union market, collect gender-disaggregated data and encourage economic operators to provide the requested information in a gender-sensitive way.

(3a) Shortcomings continue to exist in the implementation of the fundamental ILO Conventions. It is necessary that Member States fully implement them and correctly transpose all the Union legislation aimed at combating forced labour, labour rights violations and human trafficking in order to enforce the import and export ban of any product or service using forced labour. Prevention and elimination of forced labour, including child labour, should be a prerequisite of Union's external commercial and economic relations.

~~__________________~~

~~1a The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---ipec/documents/publication/wcms_854733.pdf.~~

Amendment 5

Proposal for a regulation

Recital 23 cb (new)

Text proposed by the Commission

Amendment

(2 c) The ILO forced labour instruments, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children and the Global Compact for Migration, together make clear that trafficking in persons for the purpose of forced labour cannot be eliminated through criminal law enforcement alone. Rather, a broad multidisciplinary approach is needed that is grounded in adherence to human rights, encompassing the need for effective gender- and age-responsive measures. Such measures, along with criminal justice responses, must focus on preventing and addressing the root causes of forced labour and on ensuring protection and remedies for the people already affected by it.

(3b) Article 31 of the Charter of Fundamental Rights of the European Union (‘the Charter’) recognises the right for every worker to fair and just working conditions which respect his or her health, safety and dignity.

Amendment 6

Proposal for a regulation

~~Recital 2 d (new)~~

Recital 4

Text proposed by the Commission

Amendment

(2 d) In 2021, more than 3.3 million of children are in forced labour, which represents almost 12% of all those in forced labour.1a Taking into account that forced child labour is one of the components of child labour, the Union, through this Regulation and in its relations with the wider world, should uphold and promote its values, which are in accordance with the international instruments ratified, the European Convention on Human Rights and the jurisprudence of the European Court of Human Rights, and enshrined in its core treaties, namely, TEU, TFEU and the EU Charter of Fundamental Rights of the European Union, all of which protect the rights of the child. The 2021-2024 EU Strategy on Child Rights, the Council-led European Child Guarantee initiative and the UN Sustainable Development Goal 8.7 of eradicating child labour by 2025 and forced labour by 2030 are also proof of commitment. Children, like women, are disproportionately affected by forced labour. Therefore, it is fundamental for competent authorities to ensure particular attention to the specific cases and needs of the children, like for women, in forced labour, throughout all the steps of this Regulation. Moreover, any guidelines formed by the Commission regarding the centralised complaint mechanism must be able to reach children as well.

(4) All Member States have ratified the fundamental ILO Conventions on forced labour and child labour.20 They are therefore legally obliged to prevent and eliminate the use of forced labour and to report regularly to the ILO.

(4) More than 3.3 million children worldwide are estimated to be in situation of forced labour, over half of which are in commercial sexual exploitation, and children account for about 12 % of all those in forced labour, although the numbers could be much higher. All Member States have ratified the fundamental ILO Conventions on forced labour and child labour.20 They are therefore legally obliged to prevent and eliminate the use of forced labour and to report regularly to the ILO.

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~~1a The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---ipec/documents/publication/wcms_854733.pdf.~~

__________________

20 https://www.ilo.org/wcmsp5/groups/public/---europe/---ro-geneva/---ilo-brussels/documents/publication/wcms_195135.pdf.

Amendment 7

Proposal for a regulation

Recital 24 ea (new)

Text proposed by the Commission

Amendment

(2 e) Forced labour can be found in a large number of sectors, some of them, such as textiles, services, manufacturing, construction, agriculture, and domestic work, and to a smaller extent, mining and fishers aboard fishing vessels, are particularly affected. The textile, clothing, leather and footwear sector (TCLF) is one of the largest sectors in the global economy and is characterised by poor working conditions and workers’ rights violations, with the majority of workers being women and children.

(4a) It is estimated that about 11.8 million women and girls worldwide were in forced labour in 2021, which represents almost 43 % of the total. Women are often disproportionately affected by adverse business practices, which requires a specific response to their needs. Competent authorities should ensure the implementation of this Regulation in a gender-responsive manner, collect gender-disaggregated data and encourage economic operators to provide the requested information in a gender-sensitive way.

Amendment 8

Proposal for a regulation

~~Recital 3~~

Recital 4 b (new)

Text proposed by the Commission

Amendment

(3) The eradication of forced labour is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19

(4b) The ILO forced labour instruments, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children and the Global Compact for Migration together make clear that trafficking in persons for the purpose of forced labour cannot be eliminated through criminal law enforcement alone.

(3) The eradication of forced labour is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Furthermore, in its relations with the wider world, the Union should uphold and promote its values and contribute to the protection of human rights, in particular the rights of the child, as well as the strict observance and the development of international law in accordance with Article 3(5) of the Treaty on European Union. The respect, promotion and protection of human rights constitute an objective of the development cooperation which shall be taken into account in the policies that the Union implements which are likely to affect developing countries in accordance with Article 208 of the Treaty on the Functioning of the European Union. This Regulation aims to ban from the EU market products that have been produced, extracted, harvested, manufactured, stored or transported using forced labour and contribute to eradicate forced labour by addressing its root causes. Through this Regulation, the Union should strengthen political dialogue with third countries, especially with developing countries, with regards to forced labour. Moreover, Article 5(2) of the Charter of Fundamental Rights of the European Union (‘the Charter’) and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19 Article 5 of the Charter also explicitly prohibits slavery, servitude, forced or compulsory labour and human trafficking.

~~__________________~~

~~19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.~~

Amendment 9

Proposal for a regulation

~~Recital 5~~

Recital 4 c (new)

Text proposed by the Commission

Amendment

(5) Through its policies and legislative initiatives the Union seeks to eradicate the use of forced labour. The Union promotes due diligence in accordance with international guidelines and principles established by international organisations, including the ILO, the Organisation for Economic Co-operation and Development (hereinafter “OECD”) and the United Nations (hereinafter “UN”), to ensure that forced labour does not find a place in the value chains of undertakings established in the Union.

(4c) Several international organisations report extreme situations of torture, sexual violence, ill-treatment, forced medical treatment, as well as forced labour and reports of deaths in custody committed in detention facilities.

(5) Through its policies, legislative initiatives and financial instruments, in particular the NDICI-Global Europe, the Union seeks to eradicate the use of forced labour, address its root causes, support civil society on this regard and promote decent work and labour rights, while policy coherence for development and cooperation at all levels remains an indispensable principle to put those policies into practice. To these effects, corporate sustainability due diligence, along with the adoption of accompanying measures, represents important tools. The Union promotes due diligence in accordance with international guidelines and principles established by international organisations, including the ILO, the Organisation for Economic Co-operation and Development (hereinafter “OECD”) and the United Nations (hereinafter “UN”), to ensure that forced labour does not find a place in the value chains of undertakings established in the Union.

Amendment 10

Proposal for a regulation

~~Recital 7~~

Recital 4 d (new)

Text proposed by the Commission

Amendment

(7) The Anti-trafficking Directive (Directive 2011/36/EU) of the European Parliament and of the Council21(the Anti-trafficking Directive) harmonises the definition of trafficking in human beings, including forced labour or services, and establishes minimum penalties. Any rules laid down concerning the prohibition of placing and making available on the Union market domestic or imported products made with forced labour, or exporting such products, and the obligation to ensure that such products are withdrawn from the Union market (‘the prohibition’), should be without prejudice to that Directive, and in particular to the competence of law enforcement and judicial authorities to investigate and prosecute offences on trafficking in human beings, including labour exploitation.

(4d) In line with international standards, while achieving the intention of this Regulation, the potential impact of this Regulation on victims should be taken into account. Terminating a business relationship in which child labour or forced labour was found could expose to even more severe adverse human rights impacts. In the same line, women in precarious labour conditions and forced labour could face more severe adverse human rights impacts thus increasing their vulnerability. This should therefore be taken into account when deciding on the appropriate action to take.

~~_________________~~

21 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA, OJ L 101, 15.4.2011, p.1.

Amendment 11

Proposal for a regulation

~~Recital 8~~

Recital 4 e (new)

Text proposed by the Commission

Amendment

(4e) The right to fair and just working conditions as well as the right to remedies are a human right, and fundamental elements in the process of effective prosecution of crimes. Existing Union legislation, the Charter of Fundamental Rights, the UN Guiding Principles on the Business and Human Rights (UNGPs), the Council of Europe and the OECD affirm the right of victims to an effective remedy for business-related human rights violations or abuses. However, there are nine Member States, which have not yet ratified the 2014 Protocol to Convention No. 29 and should do so without any delay. The third pillar of the UN Guiding Principles on Business and Human Rights stipulates that remediation can take the form of rehabilitation, financial or non-financial compensation, punitive sanction or prevention of harm through injunctions or guarantees of non-repetition.

(8) [In particular, Directive 20XX/XX/EU on Corporate Sustainability Due Diligence sets out horizontal due diligence obligations to identify, prevent, mitigate and account for actual and potential adverse impacts on human rights, including forced labour, and the environment in the company’s own operations, its subsidiaries and in its value chains, in accordance with international human and labour rights standards and environmental conventions. Those obligations apply to large companies over a certain threshold in terms of number of employees and net turnover, and to smaller companies in high-impact sectors over a certain threshold in terms of number of employees and net turnover.22 ] In order to ensure coherence with this Directive, the current Regulation reinforces the subject matter by including a concrete reference to the due diligence measures, introduces some definitions such as ‘stakeholders’, ‘value chain’ or ‘forced labour risks products’, while emphasising the adoption of due diligence measures by the economic operator as instrumental to achieve an effective implementation of the Regulation. The Regulation will therefore complement the EU toolbox of legislation and policy to address the root causes of forced labour, including the due diligence legislation.

~~__________________~~

~~22 Directive 20XX/XX/EU of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937, OJ XX, XX.XX.20XX, p. XX.~~

Amendment 12

Proposal for a regulation

~~Recital 8 a (new)~~

Recital 5

Text proposed by the Commission

Amendment

(8 a) Throughout, effective due diligence requires the meaningful engagement of stakeholders, including workers, their representative organisations, and community members, as they are best positioned to identify local risks and help formulate the most appropriate mitigation strategies. Attention should focus on identifying, prioritizing, and acting on “hotspots” where the risk of forced labour and other human rights abuses is highest in terms of both severity and scale. Particularly important in this context are the informal micro- and small enterprises operating at the lower links of supply chains in high-risk sectors and locations, often in raw materials extraction and production, where forced labour and other human rights abuses are often most pronounced.

(5) Through its policies and legislative initiatives the Union seeks to eradicate forced labour and promote decent work and labour rights worldwide. The Union promotes due diligence in accordance with international guidelines and principles established by international organisations, including the ILO, the Organisation for Economic Co-operation and Development (hereinafter “OECD”) and the United Nations (hereinafter “UN”), to ensure that forced labour does not find a place in the value chains of undertakings established in the Union.

Amendment 13

Proposal for a regulation

~~Recital 10~~

Recital 5 a (new)

Text proposed by the Commission

Amendment

(10) Articles [XX] of Directive 2013/34/EU of the European Parliament and of the Council require Member States to ensure that certain economic operators annually publish non-financial statements in which they report on the impact of their activity on environmental, social and employee matters, respect for human rights, including regarding forced labour, anti-corruption and bribery matters.26 [Furthermore, Directive 20XX/XX/EU on Corporate Sustainability Reporting puts forward detailed reporting requirements for covered companies regarding the respect of human rights, including in global supply chains. The information that undertakings disclose about human rights should include, where relevant, information about forced labour in their value chains.27 ]

(5a) This Regulation creates an additional economic instrument to prevent and eliminate forced labour worldwide, by prohibiting products made with forced labour. In addition to these economic instruments, the Union has existing complementary frameworks to fulfil its obligations to uphold human dignity of every human being and address the root causes of forced labour, including child labour.

(10) Articles [XX] of Directive 2013/34/EU of the European Parliament and of the Council require Member States to ensure that certain economic operators annually publish non-financial statements in which they report on the impact of their activity on environmental, social and employee matters, respect for human rights, including regarding forced labour, anti-corruption and bribery matters.26 [Furthermore, Directive 20XX/XX/EU on Corporate Sustainability Reporting puts forward detailed reporting requirements for covered companies regarding the respect of human rights, including in global value chains. The information that undertakings disclose about human rights should include, where relevant, information about forced labour in their value chains.27 ]

Amendment 14

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) Union trade policy supports the fight against forced labour in both unilateral and bilateral trade relationships. The trade and sustainable development chapters of Union trade agreements contain a commitment to ratify and effectively implement the fundamental ILO Conventions, which include ILO Convention No. 29 and ILO Convention No. 105. Moreover, unilateral trade preferences under the Union’s General Scheme of Preferences could be withdrawn for serious and systematic violations of ILO Convention No. 29 and ILO Convention No. 105.

(6) Through its trade policy, the Union must intensify its fight against forced labour in both unilateral and bilateral trade relationships. The trade and sustainable development chapters of Union trade agreements contain a commitment to ratify and effectively implement the fundamental ILO Conventions, which include ILO Convention No. 29 and ILO Convention No. 105. Moreover, unilateral trade preferences under the Union’s General Scheme of Preferences should be withdrawn for serious and systematic violations, or lack of implementation, of ILO Convention No. 29 and ILO Convention No. 105.

Amendment 15

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

__________________

~~26 Directive 2013/34/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups, OJ~~

22 Directive 20XX/XX/EU of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937, OJ XX, XX.XX.20XX, p. XX.

~~26 Directive 2013/34/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups, OJ~~

22 Directive 20XX/XX/EU of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937 (OJ XX, XX.XX.20XX, p. XX).

27 Directive 20XX/XX/EU of the European Parliament and of the Council amending Directive 2013/34/EU, Directive 2004/109/EC, Directive 2006/43/EC and Regulation (EU) No 537/2014, as regards corporate sustainability reporting, OJ XX, XX.XX.20XX, p. XX.

Amendment 16

~~Amendment 14~~

Proposal for a regulation

Amendment

(12) As recognised in the Commission’s Communication on decent work ~~worldwide29,~~worldwide29 , notwithstanding the current policies and legislative framework, further action is needed to achieve the objectives of eliminating forced-labour products from the Union market and, hence, further contributing to the fight against forced labour worldwide. ~~The~~Through its decent work agenda, the Union commits to address forced labour and to promote decent work and labour rights including in global supply chain. As stated in the Commission’s Communication, the eradication of forced labour can only be achieved if other objectives of decent work, such as sustainable business conduct, social dialogue, freedom of association, collective bargaining and social protection, are promoted. ~~Through the EU decent work agenda, the EU commits to address forced labour and to promote decent work and labour rights including in global supply chains.~~

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29 Communication 23 March 2022 from the Commission to the European Parliament, the Council and the European Economic and Social Committee on decent work worldwide for a global just transition and a sustainable recovery (COM(2022) 66 final).

Amendment 1517

Proposal for a regulation

Amendment

~~(12 a)~~(12a) Promoting decent work and a human-centred future of work ensuring the respect of fundamental principles and human rights, promoting social dialogue as well as the ratification and effective implementation of relevant ILO conventions and protocols, strengthening responsible management in global supply chains and access to social protection are core priorities of the EUUnion as enshrined in the EU Action Plan on Human Rights and Democracy 2020-2024.

Amendment 1618

Proposal for a regulation

~~Recital 12 b (new)~~

Recital 13

Text proposed by the Commission

Amendment

(12 b) Businesses can also contribute to addressing some of the more structural root causes of forced labour linked to their business operations and value chains, by taking, for example, measures to advance the fair recruitment and the decent work agenda of all workers and vulnerable stakeholders, as a way to contribute to the eradication of unfair trading practices.

(13) The European Parliament in its resolutions strongly condemned forced labour and called for a ban on products made with forced labour.30 It is therefore a matter of public moral concern that products made with forced labour could be available on the Union market or exported to third countries without an effective mechanism to ban or withdraw such products.

~~Amendment 17~~

(13) The European Parliament in its resolutions strongly condemned forced labour and called for a ban on products made with forced labour, especially regarding the practices of the People’s Republic of China (PRC).30 It is therefore not only a matter of market distortion but also a matter of public moral concern that products made with forced labour could be available on the Union market or exported to third countries without an effective mechanism to ban or withdraw such products.

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30 See Resolutions: MOTION FOR A RESOLUTION on a new trade instrument to ban products made by forced labour (europa.eu), Texts adopted - Forced labour and the situation of the Uyghurs in the Xinjiang Uyghur Autonomous Region - Thursday, 17 December 2020 (europa.eu), Texts adopted - Forced labour in the Linglong factory and environmental protests in Serbia - Thursday, 16 December 2021 (europa.eu).

Amendment 19

Proposal for a regulation

(16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, harvest and extraction, including working or processing related to the products. The prohibition should apply to all products, of any type, including their components, and should apply to products regardless of the sector, the origin, whether they are domestic or imported, or placed or made available on the Union market or exported.

(16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, harvest and extraction, ~~transport or storage,~~ including working or processing related to the ~~products.~~products, as well as the services related to the transportation and storage towards and within the Union. The prohibition should apply to all products, of any type, including their components, and should apply to products regardless of the sector, the origin, whether they are domestic or imported, or placed or made available on the Union market or exported.

Amendment 1820

Proposal for a regulation

(18) Micro, small and medium-sized enterprises (’SMEs’) can have limited resources and ability to ensure that the products they place or make available on the Union market are free from forced labour. The Commission should therefore issue guidelines on due diligence in relation to forced labour, which should take into account also the size and economic resources of economic ~~operators and refer to remediation measures. In addition, the~~operators, ~~Commission~~in ~~should~~a ~~issue~~way ~~guidelines~~that onis ~~forced-labour~~without ~~risk~~prejudice ~~indicators,~~to ~~taking~~the ~~into~~right ~~account~~for the ~~ILO~~potential ~~forced~~victims ~~labour~~to ~~indicators,~~access ~~including~~appropriate ~~its~~and ~~‘Hard~~effective toremedies. ~~see,~~In ~~harder~~addition, tothe ~~count~~Commission –should ~~Survey~~issue guidelines ~~to estimate forced~~on ~~labour~~forced-labour ofrisk ~~adults~~indicators and ~~children’,~~ on publicly available information ~~and on value chain mapping~~ in order to help SMEs, as well as other economic operators, to comply with the requirements of the prohibition. The Commission should also issue guidelines for stakeholders on filing a complaint and meaningfully engage in the procedures set out in ~~the~~this Regulation.

Amendment 1921

~~Proposal for a regulation~~

~~Recital 19~~

~~Text proposed by the Commission~~

~~Amendment~~

(19) The competent authorities of the Member States should monitor the market to identify violations of the prohibition. In appointing those competent authorities, Member States should ensure that those authorities have sufficient resources and that their staff has the necessary competences and knowledge, especially with regard to human rights, value chain management and due diligence processes. Competent authorities should closely coordinate with national labour inspections and judicial and law enforcement authorities, including those responsible for the fight against trafficking in human beings in such a way as to avoid jeopardising investigations by such authorities.

(19) The competent authorities of the Member States should monitor the market to identify violations of the prohibition. In appointing those competent authorities, Member States should ensure that those authorities have sufficient resources and that their staff has the necessary competences, expertise and knowledge, especially with regard to human rights, forced labour, value chain management and due diligence processes. Competent authorities should closely coordinate with national labour inspections and judicial and law enforcement authorities, including those responsible for the fight against trafficking in human beings in such a way as to avoid jeopardising investigations by such authorities.

~~Amendment 20~~

Proposal for a regulation

(20) In order to increase the effectiveness of the prohibition, competent authorities should grant reasonable time to economic operators to identify, mitigate, prevent and bring to an end the risk of forced labour.

(20) In order to increase the effectiveness of the prohibition, competent authorities should grant reasonable time to economic operators to identify, ~~prevent,~~ mitigate, prevent, remediate and bring to an end the risk of forced ~~labour.~~labour, taking into account the size and economic resources.

Amendment 2122

Proposal for a regulation

(22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour in their operations and value chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and value chains. Appropriate due diligence means that forced labour issues in the value chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated.

(22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to mitigate, ~~prevent~~prevent, remediate or bring to an end risks of forced labour in their operations and value chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and value chains. Appropriate due diligence means that forced labour issues in the value chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated. However, implementing due diligence procedures should never act as (i) a safe haven against investigations, (ii) as proof no forced labour was used and (iii) as sole condition for the lifting of restrictions.

~~Amendment 22~~

~~Proposal for a regulation~~

~~Recital 26~~

~~Text proposed by the Commission~~

~~Amendment~~

(26) Competent authorities should bear the burden of establishing that forced labour has been used at any stage of production, manufacture, harvest or extraction of a product, including working or processing related to the product on the basis of all information and evidence gathered during the investigation, including its preliminary phase. To ensure their right to due process, economic operators should have the opportunity to provide information in their defence to the competent authorities throughout the investigation.

(26) Competent authorities should primarily bear the burden of establishing that forced labour has been used at any stage of production, manufacture, harvest or extraction of a product, including working or processing related to the product on the basis of all information and evidence gathered during the investigation, including its preliminary phase. To ensure their right to due process, economic operators should have the opportunity to provide information in their defence to the competent authorities throughout the investigation.

Amendment 23

Proposal for a regulation

Recital 2825

Text proposed by the Commission

Amendment

(28) In that decision, competent authorities should state the findings of the investigation, and the information underpinning the findings, and set a reasonable time within which the economic operators should comply with the decision, as well as information allowing for the identification of the product to which the decision applies. The Commission should be empowered to adopt the implementing acts necessary to specify the details about the information to be contained in such decisions.

(25) Competent authorities, when requesting information during the investigation, should prioritise to the extent possible and consistent with the effective conduct of the investigation the economic operators under investigation that are involved in the steps of the value chain as close as possible to where the likely risk of forced labour occurs and take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.

(25) Competent authorities, when requesting information during the investigation, should prioritise to the extent possible and consistent with the effective conduct of the investigation the economic operators under investigation that are involved in the steps of the supply chain as close as possible to where the likely risk of forced labour occurs and take into account the geographical area from which the product or any of its parts at any stage of its extraction, harvest, production or manufacture including working or processing related to it originates, as well as the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.

Amendment 24

Proposal for a regulation

Recital 3126

Text proposed by the Commission

Amendment

(31) Economic operators should have the possibility to request a review of the decisions by the competent authorities, after having provided new information showing that it cannot be concluded that the relevant products have been made with forced labour. Competent authorities should withdraw their decision where they establish on the basis of that new information, that it cannot be established that the products have been made with forced labour.

(31) Economic operators should have the possibility to request a review of the decisions by the competent authorities, after having provided new relevant information showing that it cannot be concluded that the relevant products have been made with forced labour. Competent authorities should withdraw their decision where they establish on the basis of that new information, that it cannot be established that the products have been made with forced labour.

(26) Economic operators should bear the burden of establishing that forced labour has not been used at any stage of production, manufacture, harvest or extraction of a product coming from specific geographical high-risk regions or countries where forced labour practices are systemic and widespread, including working or processing related to the product, transportation and storage of the product towards or within the Union market on the basis of all information and evidence reasonably available to them. To ensure their right to due process, economic operators should have the opportunity to provide information in their defence to the competent authorities throughout the investigation.

Amendment 25

(32) Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information to the competent authorities when it considers that products made with forced labour are placed and made available on the Union market and to be informed of the outcome of the assessment of their submission.

(32) The Commission should establish a centralised mechanism to receive ~~complaints~~complaints. byAny ~~any~~stakeholder ~~stakeholders~~should ~~who~~be ~~consider~~allowed to submit information or a complaint to the competent authorities when it considers that products made with forced labour are placed and made available on the Union ~~market. Complaints may be lodged anonymously~~market and ~~confidentiality shall~~to be ~~automatic, unless otherwise specified~~informed byof the ~~complainant. The complaint mechanism~~outcome ~~should~~of bethe ~~secure~~assessment ~~and~~of ~~accessible.~~their ~~The~~submission. ~~stakeholders~~Measures should be ~~informed of the reasoning and outcome of~~taken ~~the~~to ~~assessment~~protect ofstakeholders, ~~their~~including ~~complaints,~~those asfrom ~~well~~third ascountries, ~~all~~and ~~the~~avoid ~~decisions~~any ~~made~~reprisals by ~~competent authorities,~~ensuring ~~referring~~their toanonymity ~~their~~and ~~complaints.~~confidentiality.

Amendment 26

Proposal for a regulation

~~Recital 35~~

Recital 32 a (new)

Text proposed by the Commission

Amendment

(35) The information currently made available to customs authorities by economic operators includes only general information on the products but lacks information on the manufacturer or producer and product suppliers as well as specific information on products. In order for customs authorities to be able to identify products entering or leaving the Union market that may violate the Regulation and should accordingly be stopped at the EU external borders, economic operators should submit to customs authorities information allowing matching a decision of the competent authorities with the product concerned. This should include information on the manufacturer or producer and the product suppliers as well as any other information on the product itself. To this end, the Commission should be empowered to adopt delegated acts identifying the products for which such information should be provided using, amongst others, the database established under this Regulation as well as the information and decisions of the competent authorities encoded in the information and communication system set out in Article 34 of Regulation (EU) 2019/1020 (‘ICSMS’). Moreover, the Commission should be empowered to adopt, the implementing acts necessary to specify the details of the information to be made available to customs by the economic operators. This information should include the description, name or brand of the product, specific requirements under Union legislation for the identification of the product (such as a type, reference, model, batch or serial number affixed on the product, or provided on the packaging or in a document accompanying the product, or unique identifier of the digital product passport) as well as details on the manufacturer or producer and the product suppliers, including for each of them their name, trade name or registered trademark, their contact details, their unique identification number in the country they are established and, where available, their Economic Operators Registration and Identification (EORI) number. The review of the Union Customs Code will consider introducing in the customs legislation the information required to be made available to customs by the economic operators for the enforcement of this Regulation and more broadly to strengthen the transparency of the supply chain.

(32a) In order to facilitate the exchange of information between relevant authorities as well as submission of information, the Commission should ensure the creation of a dedicated online platform with a single format in all working languages of the Union.

Amendment 27

Proposal for a regulation

Recital 4433

Text proposed by the Commission

Amendment

(33) The Commission should issue guidelines in order to facilitate the implementation of the prohibition by economic operators and competent authorities. Such guidelines should include guidance on due diligence in relation to forced labour and complementary information for the competent authorities to implement the prohibition. The guidance on due diligence in relation to forced labour should build on the Guidance on due diligence for Union businesses to address the risk of forced labour in their operations and supply chains published by the Commission and the European External Action Service in July 2021. The guidelines should be consistent with other Commission guidelines in this regard and relevant international organisations’ guidelines. The reports from international organisations, in particular the ILO, as well as other independent and verifiable sources of information should be considered for the identification of risk indicators.

(44) To ensure effective enforcement of the prohibition, it is necessary to establish a network aimed at structured coordination and cooperation between the competent authorities of the Member States and, where appropriate, experts from customs authorities, and the Commission, as well as the European Agency for Fundamental Rights, the European Labour Authority and other Union agencies with relevant expertise in the areas covered by the Regulation. Trade unions and other workers’ representatives, civil society organisations, human rights defenders, international organisations and third countries’ competent authorities shall be invited to collaborate with the Network. That network should also aim at streamlining the practices of the competent authorities within the Union that facilitate the implementation of joint enforcement activities by Member States, including joint investigations. That administrative support structure should allow the pooling of resources and maintain a communication and information system between Member States and the Commission, thereby contributing to coherence in the implementation and helping to strengthen the enforcement of the prohibition. The network should include an area for external cooperation, including relevant consultation and cooperation with third countries' competent authorities, international organisations, trade unions, civil society organisations and human rights defenders operating outside the EU.

(33) The Commission should issue guidelines in order to facilitate the implementation of the prohibition by economic operators and competent authorities without delay. Such guidelines should include guidance on due diligence in relation to forced labour, including specific requirements that economic operators need to adhere to in order to prove that they have eliminated forced labour from their supply chains and corrective actions adopted to prevent future abuses, and complementary information for the competent authorities to implement the prohibition. The guidance on due diligence in relation to forced labour should build on the Guidance on due diligence for Union businesses to address the risk of forced labour in their operations and supply chains published by the Commission and the European External Action Service in July 2021. The guidelines should be consistent with relevant Union legislation, including the Directive on Corporate Sustainability Due Diligence and the Regulation on deforestation free products, other Commission guidelines in this regard and relevant international organisations’ guidelines such as the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises. The reports from international organisations, in particular the ILO, as well as other independent and verifiable sources of information should be considered for the identification of risk indicators.

Amendment 28

(45) Since forced labour is a global problem and given the interlinkages of the global value chains, it is necessary to promote international cooperation against forced labour, which would also improve the efficiency of applying and enforcing the ~~prohibition and~~prohibition. ~~increase~~The ~~efforts~~Commission toshould ~~tackle~~as ~~root~~appropriately ~~causes~~cooperate ofwith ~~forced~~and ~~labour.~~exchange ~~The~~information EUwith ~~should~~authorities ~~continue~~of ~~close~~third ~~collaboration~~countries ~~with~~and international organisations ~~in the~~to ~~form~~create ofenabling ~~joint~~policy ~~projects,~~environments ~~technical~~to ~~assistance~~promote and ~~funding~~protect ofhuman ~~initiatives~~rights, ~~targeting~~including ~~forced~~time-bound ~~labour.~~frameworks ~~The~~for ~~Commission~~action ~~should~~covering aslegislative ~~appropriately~~measures, ~~cooperate~~capacity ~~with~~building and ~~exchange information with authorities~~funding ofto ~~third~~support ~~countries,~~workers, ~~especially~~human ~~authorities~~rights ofdefenders, ~~developing~~SMEs, ~~countries,~~smallholders and ~~international organisations, as~~local ~~well~~communities asin ~~with~~their ~~other~~efforts ~~relevant~~to ~~actors~~eradicate ~~including~~forced ~~civil~~labour ~~society,~~and to enhance the effective implementation of the prohibition. International cooperation with authorities of non-EU countries should take place in a structured way as part of the existing dialogue structures, for example ~~Human~~through ~~Rights~~concrete ~~Dialogues~~benchmarks ~~with~~in ~~third~~the ~~countries,~~Human ~~especially~~Rights Dialogues with ~~developing~~third countries, or, if necessary, specific ones that will be created on an ad hoc basis. ~~Team Europe, and particularly~~Promoting the EUright ~~delegations,~~to ~~shall~~freedom ~~have~~of aassociation ~~central~~and ~~role~~collective ~~within~~bargaining and the ~~aim~~involvement of ~~effectively eradicating~~the ~~forced~~social ~~labour~~partners asin ~~well~~all asmeasures ~~for~~to ~~dissemination~~combat offorced ~~the~~labour ~~Regulation~~are ~~and~~essential ~~possibility~~factors ofto ~~third~~combat ~~parties~~forced toand ~~provide~~compulsory ~~information~~labour. onThe ~~existence~~EU ofdelegations ~~forced~~in ~~labour~~third oncountries ashould ~~determined~~have ~~product.~~a ~~The~~central EUrole ~~may~~within ~~also~~the ~~expand,~~aim ~~where~~of ~~appropriate,~~effectively ~~the~~eradicating ~~use~~forced oflabour ~~restrictive~~as ~~measures~~well inas ~~the~~for ~~framework~~dissemination of ~~its Common~~this ~~Foreign~~Regulation and ~~Security~~possibility ~~Policy~~of ~~against~~third ~~persons~~parties orto ~~entities~~provide ~~that~~information ~~have~~on ~~been~~the ~~involved~~existence inof ~~the~~forced ~~promotion~~labour orin ~~implementation~~relation ofto ~~forced~~a ~~labour.~~determined product.

Amendment 29

Proposal for a regulation

Article 12 – paragraph 1 – point a

Text proposed by the Commission

Amendment

~~1. This Regulation lays down rules prohibiting economic operators from placing and making available on the Union market or exporting from the Union market products made with forced labour.~~

1. This Regulation lays down rules prohibiting economic operators from placing and making available on the Union market or exporting from the Union market products made with forced labour, including state-imposed forced labour, and (thereby) ensuring that economic operators eradicate the use of forced labour in the production sites in their value chain by implementing effective due diligence measures, including remediation.

(a) ‘forced labour’ means forced or compulsory labour as defined in Article 2 of the Convention on Forced Labour, 1930 (No. 29) of the International Labour Organization, including forced child labour throughout the complete value chain, exacted from any person under the threat of a penalty, and that is not offered voluntarily;

Amendment 30

Proposal for a regulation

Article 2 – paragraph 1 – point cb

Text proposed by the Commission

Amendment

(c) ‘due diligence in relation to forced labour’ means the obligations by economic operator to respect and ensure the respect of workers’ rights and children’s rights in their operations and products value chain and implement mandatory due diligence requirements as provided by the Union and Member States legislation and in line with the UN Guiding Principles on Business and Human rights, mandatory and voluntary guidelines, recommendations or practices to identify, prevent, mitigate, remediate and bring to an end the use of forced labour in their operations and value chain with respect to products that are to be made available on the Union market or to be exported;

(b) ‘forced labour imposed by state authorities’ means the use of forced labour as described in Article 1 of the Convention on the Abolition of Forced Labour, 1957 (No. 105) of the International Labour Organization, including the punishment for the expression of political views, for the purposes of economic development, as a means of labour discipline, as punishment for participation in strikes, or as a means of racial, religious, gender, sexual orientation or other discrimination;

Amendment 31

Proposal for a regulation

Article 2 – paragraph 1 – point c ~~a (new)~~

Text proposed by the Commission

Amendment

(c(c) a)‘due ~~‘bring~~diligence in relation to anforced ~~end~~labour’ means the ~~use~~efforts ofby ~~forced~~economic ~~labour’~~operator ~~means~~to ~~effective~~implement ~~measures~~mandatory torequirements, ~~address~~voluntary ~~the~~guidelines, ~~root~~recommendations ~~causes~~or ofpractices ~~forced~~to ~~labour~~identify, ~~that~~prevent, ~~supplies~~mitigate or bring to an end the ~~economic~~use ~~operator~~of ~~that~~forced ~~places~~labour orwith ~~makes~~respect ~~the~~to ~~product~~products ~~available~~that inare ~~the~~to EUbe ~~market.~~made Itavailable ~~shall~~on ~~not~~the ~~mean~~Union ~~disengagement~~market asor ~~first~~to ~~resort;~~be exported;

(c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement mandatory requirements, voluntary guidelines, recommendations or practices to identify, prevent, mitigate, remediate or bring to an end forced labour in their operations and value chain with respect to products that are to be made available on the Union market or to be exported; bringing to an end forced labour shall not mean disengagement as first resort; any due diligence of the importer or economic operator in the value chain shall not prevent an investigation into allegations of forced labour;

Amendment 32

Proposal for a regulation

Article 2 – paragraph 1 – point c ba (new)

Text proposed by the Commission

Amendment

(c b) 'root causes of forced labour' means the multi-faceted fundamental reasons for the occurrence of forced labour; this shall particularly look into exploitation, poverty, migration, prices below cost of production, lack of living incomes and living wages and unfair purchasing practices;

(ca) ‘root causes of forced labour’ refers to the issues at country or region level that cause or amplify the risks of forced labour, such as poverty, discrimination, a lack of governance of economic operators, absent or weak democracies, or lack of welfare and decent employment and migration conditions and opportunities;

Amendment 33

(f) ‘product’ means any product that can be valued in money and is capable, as such, of forming the subject of commercial transactions, whether it is extracted, harvested, produced or manufactured, including working or processing related to a product at any stage of its supply chain;

(f) ‘product’ means any product that can be valued in money and is capable, as such, of forming the subject of commercial transactions, whether it is extracted, harvested, produced, or manufactured, ~~stored~~as orwell ~~transported,~~as transported and stored, including working or processing related to a product at any stage of its ~~value~~supply chain;

Amendment 34

(g) ‘product made with forced labour’ means a product for which forced labour has been used in whole or in part at any stage of its extraction, harvest, production or manufacture, including working or processing related to a product at any stage of its supply chain;

(g) ‘product made with forced labour’ means a product for which forced labour has been used in whole or in part at any stage of its extraction, harvest, ~~production, manufacture, storage~~production or ~~transport,~~manufacture, including working or processing related to a product at any stage of its ~~value~~supply ~~chain;~~chain, including the transportation and storage of the product towards or within the Union market;

Amendment 35

Proposal for a regulation

Article 2 – paragraph 1 – point ~~g a (new)~~k

Text proposed by the Commission

Amendment

(g a) ‘value chain’ shall have the meaning attributed to it in Article 3 of the Directive 20XX/XX/EU on Corporate Sustainability Due Diligence of the European Parliament and of the Council to the extent applicable;

(k) ‘product supplier’ means any natural or legal person or association of persons in the supply chain who extracts, harvests, produces or manufactures a product in whole or in part, or intervenes in the working or processing related to a product at any stage of its supply chain, whether as manufacturer or in any other circumstances;

(k) ‘product supplier’ means any natural or legal person or association of persons in the supply chain who extracts, harvests, produces, or manufactures, as well as transports or stores a product in whole or in part, or intervenes in the working or processing related to a product at any stage of its supply chain, whether as manufacturer or in any other circumstances;

Amendment 36

Proposal for a regulation

Article 2 – paragraph 1 – point ku a (new)

Text proposed by the Commission

Amendment

(ua) ‘stakeholders’ means workers or employees who might be affected by the potential and actual impacts connected to the use of forced labour as well as other third parties with legitimate interest or whose rights or interests are or could be affected, such as communities, as well as civil society actors including trade unions, workers organisations and NGOs and any other legal or natural persons defending human rights (‘human rights defenders’) that promote and protect universally recognised human rights and fundamental freedoms and labour conventions, indigenous peoples or other vulnerable stakeholders;

(k) ‘product supplier’ means any natural or legal person or association of persons in the value chain who extracts, harvests, produces, manufactures, stores or transports a product in whole or in part, or intervenes in the working or processing related to a product at any stage of its value chain, whether as manufacturer or in any other circumstances;

Amendment 37

Proposal for a regulation

Article 2 – paragraph 1 – point mu ab (new)

Text proposed by the Commission

Amendment

~~(m a) ‘stakeholders’ means:~~

(ub) ‘meaningful engagement of stakeholders’ means an interactive, responsive, ongoing gender-inclusive process of engagement with stakeholders, with particular attention to especially vulnerable ones, characterised by two-way communication, conducted in good faith and guaranteeing proper implementation of agreed commitments and which involves the timely provision of all relevant information needed by stakeholders, adequate processes to remove barriers to participation for stakeholders, as well as adequate protection to ensure the safety of stakeholders and prevent retaliation and reprisals;

(i) the economic operator’s employees, the employees of its subsidiaries and value chains’ workers, including smallholders and informal workers’ and other individuals, groups, communities or entities, civil society organisations, as well as trade unions and other workers’ representatives, whose rights or interests are or could be affected by the use of forced labour by the economic operator, its subsidiaries and its business relationships, including through the value chain;

~~(ii) other natural or legal persons engaging, promoting, representing, protecting and defending, as part of their statutory purpose or otherwise, issues related to this Regulation;~~

Amendment 38

Proposal for a regulation

Article 2 – paragraph 1 – point mu bc (new)

Text proposed by the Commission

Amendment

(m b) ‘vulnerable stakeholders’ shall have the meaning attributed to it in Article 3 of the Directive 20XX/XX/EU on Corporate Sustainability Due Diligence of the European Parliament and of the Council to the extent applicable;

(uc) ‘remediation’ means both the process of providing remedy for a negative human rights impact and the substantive outcomes that can counteract, or make good, the negative impact; these outcomes may take a range of forms such as restitution, rehabilitation, financial or non-financial compensation, and punitive sanctions (whether criminal or administrative, such as fines), as well as the prevention of harm through, for example, injunctions or guarantees of non-repetition and where accompanied by one or more of the other measures, apologies; remediation shall be provided according to the context and needs of each victim of forced labour;

Amendment 39

Proposal for a regulation

Article 2 – paragraph 1 – point mu cd (new)

Text proposed by the Commission

Amendment

(m c) ‘meaningful engagement with stakeholders’ means an interactive, responsive, ongoing and gender-inclusive process of engagement with potentially affected suppliers, workers and their representative organisations, as well as other stakeholders, such as civil society organisations including trade unions and NGOs and local communities, with particular attention to vulnerable stakeholders;

(ud) ‘forced labour risk areas’ means those countries or regions where there is evidence of widespread and/or systemic forced labour, including state-imposed forced labour, in an entire product group in a specific industry;

Amendment 40

Proposal for a regulation

Article 24 – paragraph 1 – ~~point~~introductory npart

Text proposed by the Commission

Amendment

~~(n) ‘substantiated concern’ means a well-founded reason, based on objective and verifiable information, for the competent authorities to suspect that products were likely made with forced labour;~~

1. Competent authorities shall follow a risk-based approach in assessing the likelihood that economic operators violated Article 3. That assessment shall be based on all relevant information available to them, including the following information:

(n) ‘substantiated concern’ means a well-founded reason, based on objective and verifiable information, for the competent authorities to suspect that forced labour is likely to have been used in the production or transport of products;

Amendment 41

Proposal for a regulation

Article 24 – paragraph 1 – point s a ~~(new)~~

Text proposed by the Commission

Amendment

~~(s a) 'SMEs’ means micro, small and medium-sized enterprises as defined in Directive 2013/34/EU;~~

(a) submissions made by natural or legal persons or any association not having legal personality pursuant to Article 10;

(a) submissions made by stakeholders pursuant to Article 10;

Amendment 42

Proposal for a regulation

Article 24 – paragraph ~~1 – point u a (new)~~2

Text proposed by the Commission

Amendment

(u a) ‘forced labour risks areas’ means those countries or regions where there is evidence of wide-spread and/or systemic forced labour, including state-imposed forced labour, in an entire product group or product site in a specific industry;

2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall focus on the economic operators involved in the steps of the value chain as close as possible to where the risk of forced labour is likely to occur and take into account the size and economic resources of the economic operators, the geographical area from which the product or any of its parts at any stage of its extraction, harvest, production or manufacture including working or processing related to it, originates, the quantity of products concerned, as well as the scale of suspected forced labour.

Amendment 43

Proposal for a regulation

Article 24 – paragraph 13 – ~~point u b~~introductory ~~(new)~~part

Text proposed by the Commission

Amendment

(u b) ‘forced labour risks products’ means those products coming from the forced labour risks areas, as well as products linked to high risks sectors of economic activity identified by the Directive 20XX/XX/EU on Corporate Sustainability Due Diligence of the European Parliament and of the Council and included in the database of Article 11.

3. Before initiating an investigation in accordance with Article 5(1), the competent authority shall request from the economic operators under assessment information on actions taken to identify, prevent, mitigate, remediate or bring to an end risks of forced labour in their operations and value chains with respect to the products under assessment, the geographical area from which the product or any of its parts at any stage of its extraction, harvest, production or manufacture including working or processing related to it, originates, including on the basis of any of the following:

Amendment 44

Proposal for a regulation

~~Article 4~~

Article 4 – paragraph 3 – point d a (new)

Text proposed by the Commission

Amendment

~~Preliminary phase of investigations~~

(da) evidence of remediation of forced labour;

~~Preliminary phase of investigations~~

Amendment 45

Proposal for a regulation

1. Competent authorities shall follow a risk-based approach in assessing the likelihood that economic operators violated Article 3. That assessment shall be done with reference to the indicators of forced labour set out by the International Labour Organization which shall be detailed by the Commission in accordance with Article 23 and shall be based on all relevant information available to them, including the following information:

Article 4 – paragraph 6

~~(a) submissions made by natural or legal persons or any association not having legal personality pursuant to Article 10;~~

Text proposed by the Commission

~~(a) complaints made by stakeholers pursuant to Article 10;~~

Amendment

~~(b) the risk indicators and other information pursuant to Article 23, points (b) and (c);~~

~~(c) the database referred to in Article 11;~~

~~(c) the databases referred to in Articles 11 and 11 a;~~

(d) information and decisions encoded in the information and communication system referred to in Article 22(1), including any past cases of compliance or non-compliance of an economic operator with Article 3;

(e) information requested by the competent authority from other relevant authorities, where necessary, on whether the economic operators under assessment are subject to and carry out due diligence in relation to forced labour in accordance with applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour.

~~(a) applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour;~~

~~(b) the guidelines issued by the Commission pursuant to Article 23, point (a);~~

~~(c) due diligence guidelines or recommendations of the UN, ILO, OECD or other relevant international organisations;~~

~~(d) any other due diligence in relation to forced labour.~~

~~(d) any other due diligence requirements in relation to forced labour.~~

4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within 15 working days from the day they received such request. Economic operators may provide to competent authorities any other information they may deem useful for the purposes of this Article.

5. Within 30 working days from the date of receipt of the information submitted by economic operators pursuant to paragraph 4, the competent authorities shall conclude the preliminary phase of their investigation as to whether there is a substantiated concern of violation of Article 3 on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4.

6. The competent authority shall duly take into account where the economic operator demonstrates that it carries out due diligence on the basis of identified forced labour impact in its ~~value~~supply chain, adopts and carries out measures suitable and effective for remediating and bringing to an end forced labour ~~and provide remediation~~ in a short period of time. The competent authority shall declare that there is a substantiated concern of violation of Article 3 when the economic operator does not demonstrate that forced labour was eradicated and remediation provided once this period of time has expired.

Amendment 46

Proposal for a regulation

Article 4 – paragraph 7

Text proposed by the Commission

Amendment

7. Competent authorities shall not initiate an investigation pursuant to Article 5, and shall inform the economic operators under assessment accordingly, where, on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4, the competent authorities consider that there is no substantiated concern of a violation of Article 3, for instance due to, but not limited to, the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour referred to in paragraph 3 being applied in a way that mitigates, prevents and brings to an end the risk of forced labour.

7. Competent authorities shall not initiate an investigation pursuant to Article 5, and shall inform the economic operators under assessment accordingly, where, on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4, the competent authorities consider that there is no substantiated concern of a violation of Article 3, for instance due to, but not limited to, the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour referred to in paragraph 3 being applied in a way that mitigates, ~~prevents~~prevents, remediates and brings to an end the risk of forced ~~labour and provides remediation.~~labour.

Amendment 4547

Proposal for a regulation

~~Article 5~~

Article 5 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

~~Investigations~~

2a. Competent authorities shall ensure the interactive, responsive and ongoing gender-inclusive process of meaningful engagement of stakeholders, including by requesting them to submit any information that is relevant and necessary for the investigation.

~~Investigations~~

Amendment 48

1. Competent authorities that, pursuant to Article 4(5), determine that there is a substantiated concern of a violation of Article 3, shall decide to initiate an investigation on the products and economic operators concerned.

Proposal for a regulation

Article 5 – paragraph 3 – introductory part

2. Competent authorities that initiate an investigation pursuant to paragraph 1 shall inform the economic operators subject to the investigation, within 3 working days from the date of the decision to initiate such investigation about the following:

Text proposed by the Commission

Amendment

~~(a) the initiation of the investigation and the possible consequences thereof;~~

~~(b) the products subject to the investigation;~~

~~(c) the reasons for the initiation of the investigation, unless it would jeopardise the outcome of the investigation;~~

~~(d) the possibility for the economic operators to submit any other document or information to the competent authority, and the date by which such information has to be submitted.~~

3. Where requested to do so by competent authorities, economic operators under investigation shall submit to those competent authorities any information that is relevant and necessary for the investigation, including information identifying the products under investigation, the manufacturer or producer of those products and the product suppliers. In requesting such information, competent authorities shall to the extent possible:

3. Where requested to do so by competent authorities, economic operators under investigation shall submit to those competent authorities any ~~complete and substantive evidence~~information that is relevant and necessary for the investigation, including information identifying the products under investigation, the manufacturer or producer of those products and the product suppliers. In order to protect all stakeholders and due to the sensitive nature of some of the information disclosed, the content of the investigation shall be treated as confidential where appropriate. In requesting such information, competent authorities shall to the extent possible:

~~(a) prioritise the economic operators under investigation involved in the steps of the value chain as close as possible to where the likely risk of forced labour occurs and~~

Amendment 49

Proposal for a regulation

Article 5 – paragraph 3 – point a

Text proposed by the Commission

Amendment

(a) prioritise the economic operators under investigation involved in the steps of the value chain as close as possible to where the likely risk of forced labour occurs and

(a) identify the responsibilities, along the value chain, of different economic operators down to the level where forced labour is taking place and prioritise the economic operators under investigation involved in the steps of the value chain with the most leverage in terms of economic turnover, to prevent, mitigate, remediate or bring to an end forced labour in their operations and value chains and

Amendment 50

Proposal for a regulation

Article 5 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(b) take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.

(b) take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour, as well as the ~~context~~geographical inarea from which ~~those~~the ~~economic~~product ~~operators,~~or ~~their~~any ~~subsidiaries~~of ~~and~~its ~~their~~parts ~~business~~at ~~partners~~any ~~operate,~~stage inof ~~particular~~its inextraction, ~~developing~~harvest, ~~countries.~~production or manufacture including working or processing related to it, originates.

~~4. Economic operators shall submit the information within 15 working days from the request referred to in paragraph 3 or make a justified request for an extension of that time limit.~~

Amendment 51

Proposal for a regulation

Article 5 – paragraph 4

Text proposed by the Commission

Amendment

4. Economic operators shall submit the information within 15 working days from the request referred to in paragraph 3 or make a justified request for an extension of that time limit.

4 a. In the case of the products presumed made with forced labour in accordance with Article 11, the competent authority shall inform the economic operator and provide a time limit for the economic operator to demonstrate that the products concerned are free of forced labour and that appropriate due diligence measures, including remediation, have been effectively implemented.

4. Economic operators and stakeholders shall submit the information within 15 working days from the request referred to in paragraphs 3 and 3a or make a justified request for an extension of that time limit.

~~5. When deciding on the time limits referred to in this Article, competent authorities shall consider the size and economic resources of the economic operators concerned.~~

Amendment 52

~~5. When deciding on the time limits referred to in this Article, competent authorities shall consider the size and resources of the economic operators concerned.~~

5 a. During the investigation phase, the competent authority shall take necessary precautionary measures, including a temporary suspension of the circulation on the Union market of the products concerned to ensure the effectiveness of its final decision.

5 b. Once the competent authority initiates an investigation it shall assess the possible impacts of any decision to be adopted pursuant Article 6(4) on the affected workers and partner countries but also the economic operators taking into account their size and resources. That assessment shall be carried out with the meaningful engagement of relevant stakeholders, as well as in consultation with authorities of the affected or potentially affected third countries, and in particular developing countries.

5 c. Competent authorities may conclude that there is substantiated concern on the basis of any other facts available where it was not possible to gather information and evidence pursuant to Article 4(1) or (4).

6. Competent authorities may carry out all necessary checks and inspections including investigations in third countries, provided that the economic operators concerned give their consent and that the government of the Member State or third country in which the inspections are to take place has been officially notified and raises no objection.

6. Competent authorities may carry out all necessary checks and inspections including investigations in third countries, without prior warning to the economic operators concerned, except where prior notification is necessary in order to ensure the effectiveness of the checks and inspections, and provided that the government of the Member State or third country in which the inspections are to take place has been officially notified and raises no objection within a delimited timeframe.

~~Amendment 46~~

Proposal for a regulation

Article 65 – paragraph 36

Text proposed by the Commission

Amendment

~~3. Where competent authorities cannot establish that Article 3 has been violated, they shall take a decision to close the investigation and inform the economic operator thereof.~~

3. Where competent authorities cannot establish that Article 3 has been violated, they shall take a decision to close the investigation and inform the economic operator thereof. This closing of the investigation for lack of proof shall not preclude the right of competent authority to start a new investigation into the same product should new information be made available.

6. Competent authorities may carry out all necessary checks and inspections including investigations in third countries and consultation of stakeholders where appropriate, provided that the government of the Member State or third country in which the inspections are to take place has been officially notified.

Amendment 4753

Proposal for a regulation

Article 6 – paragraph 4 – point c a (new)

Text proposed by the Commission

Amendment

4 a. Taking into account the outcome of the impact assessment referred to Article 5(5b), as well as other information gathered during the investigation, the competent authority shall be empowered to adopt a decision requesting the economic operator to urgently adopt and implement effective due diligence measures to prevent, mitigate, remediate and bring to an end forced labour in their product value chain.

(ca) an order for the economic operator to provide remediation to affected workers according to their responsibilities; such remediation plan and its implementation strategy shall be agreed upon between competent authorities, upon meaningful consultation of affected workers and other stakeholders.

Amendment 4854

Proposal for a regulation

6. Where economic operators provide evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they have eliminated forced labour from their operations or supply chain with respect to the products concerned, the competent authorities shall withdraw their decision for the future and inform the economic operators.

6. Where economic operators provide evidence to the competent authorities that they have complied with the decision referred to in ~~paragraphs 4 and 4~~paragraph a4, and that they have eliminated forced labour from their operations or ~~value~~supply chain with respect to the products concerned, and ~~provided~~that ~~the~~effective ~~proof~~processes ofhave ~~effective~~been ~~remediation~~put ~~for~~in ~~victims~~place ofto ~~forced~~prevent ~~labour,~~harms from continuing or taking place again, the competent authorities shall withdraw their decision for the future and inform the economic operators.

Amendment 4955

Proposal for a regulation

Amendment

6 a. To eliminate forced labour, the Commission’s Guidance on Due Diligence for EU businesses shall enable disengagement from a business relationship as a last resort solution only, in consistency with the United Nations Guiding Principles on Business and Human Rights (UNGPs).

6a. Disengagement shall be a last-resort action and shall be avoided where the impact of disengagement would be greater than the adverse impact of forced labour. Economic operators shall engage meaningfully with stakeholders impacted by their decision to disengage, especially affected workers, before reaching this decision, and shall address the adverse impacts related to the decision to disengage and, where appropriate, pursue remediation of past adverse impacts related to forced labour. Economic operators shall ensure the termination of business relationships where state-imposed forced labour is occurring systemically.

Amendment 5056

Proposal for a regulation

~~Article 7~~

Article 7 – paragraph 1 – point b

Text proposed by the Commission

Amendment

~~Content of the decision~~

~~1. The decision referred to in Article 6(4) shall contain all of the following:~~

~~(a) the findings of the investigation and the information underpinning the findings;~~

(a) the findings of the investigation and the information underpinning the findings, including the due diligence measures that the economic operator must implement and the potential impacts of competent authority decisions;

(b) a reasonable time limit for the economic operators to comply with the order, which shall not be less than 30 working days and no longer than necessary to withdraw the respective products. When setting such a time limit, the Commission or competent authority ~~shall~~shall, where relevant, take into account the economic operator’s ~~size and resources. Reasonable time limit shall be~~due ~~set~~diligence upplans ~~for~~and the ~~operator to effectively~~likelihood ~~implement~~of the ~~due diligence~~appropriate measures ~~foreseen~~contained in ~~Article~~this ~~6(4a),~~plan ~~including~~to end the ~~provision~~forced oflabour ~~remediation~~within toa ~~affected~~reasonable ~~workers;~~time;

(c) all relevant information and in particular the details allowing the identification of the product, to which the decision applies, including details about the manufacturer or producer and the product suppliers;

Amendment 57

~~(d) where available and applicable, information required under customs legislation as defined in Article 5(2) of Regulation (EU) No 952/2013.~~

2. The Commission shall adopt implementing acts further specifying the details of the information to be included in the decisions. Those details shall as a minimum include details of information to be made available to customs authorities in accordance with Article 16(3). Those implementing acts shall be adopted in accordance with the examination procedure pursuant to Article 29.

~~Amendment 51~~

Proposal for a regulation

Article 8 – paragraph 25

Text proposed by the Commission

Amendment

~~2. A request for a review of a decision adopted pursuant Article 6(4) shall contain~~5. ~~new~~Economic ~~information~~operators that ~~was~~have ~~not~~been ~~brought~~affected toby ~~the~~a ~~attention~~decision of ~~the~~a competent authority ~~during the investigation. The request~~pursuant ~~for~~to athis ~~review~~Regulation shall ~~delay the enforcement of~~have ~~the~~access ~~decision~~to ~~adopted~~a ~~pursuant~~court to ~~Article 6(4) until~~review the ~~competent authority decides~~procedural onand ~~the~~substantive ~~request~~legality ~~for~~of the ~~review.~~decision.

2. A request for a review of a decision adopted pursuant Article 6(4) shall contain relevant new information that was not brought to the attention of the competent authority during the investigation for reasons other than negligence. The request for a review shall delay the enforcement of the decision adopted pursuant to Article 6(4) until the competent authority decides on the request for the review.

5. Economic operators and third parties that have been affected by a decision of a competent authority pursuant to this Regulation shall have access to a court to review the procedural and substantive legality of the decision.

Amendment 5258

Proposal for a regulation

2. The Commission shall make available the decisions, and the withdrawals referred to in the paragraph 1, points (c), (d), (e) and (g) on a dedicated website.

2. The Commission shall make available the decisions, and the withdrawals referred to in the paragraph 11, points (c), (d), (e) and (g) on a dedicated ~~website.~~website which is publicly accessible and includes a list of all sanctioned products, production sites or regions.

Amendment 5359

Proposal for a regulation

Article 10 – title

Text proposed by the Commission

Submission of information regarding violations of Article 3

~~Complaint~~Submission ~~procedure~~of complaints and information regarding violations of Article 3

-1. The Commission shall establish a centralised mechanism to receive complaints by any stakeholder on alleged violations of Article 3. Complaints may be lodged anonymously. The complaint mechanism should be secure and accessible, and ensure that the identity of the complainant is not disclosed without explicit consent.

Amendment 60

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

1. Submissions of information by any natural or legal person or any association not having legal personality, to competent authorities on alleged violations of Article 3 shall contain information on the economic operators or products concerned and provide the reasons substantiating the allegation.

1. ~~Complaints~~Submissions ~~shall~~of ~~contain~~complaints and information onto competent authorities regarding alleged or suspected forced labour, taking place within or outside the ~~economic~~Union, ~~operators,~~from ~~products,~~any ~~production~~stakeholder ~~sites~~that ~~and~~may ~~high-risk~~have ~~areas~~information regarding goods which are alleged or suspected to be made by means of forced labour shall contain information on the economic operators or products concerned and provide the reasons substantiating the allegation.

1 a. The Commission shall determine the rules and procedures to assign complaints to the competent authorities, taking into account the specifics of the complaint, the domicile of the economic operator and the capacities of the competent authorities in concerned Member States.

Amendment 61

Proposal for a regulation

Article 10 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

The Commission shall establish a centralised complaint mechanism to receive and compile complaints and information, including those received by competent authorities.

Amendment 62

Proposal for a regulation

Article 10 – paragraph 1 – subparagraph 1 b (new)

Text proposed by the Commission

Amendment

The Commission and competent authorities shall ensure that adequate protection measures are in place to ensure the safety of stakeholders and complainants, including by ensuring confidentiality and anonymity, and to prevent retaliation and reprisals.

Amendment 63

Proposal for a regulation

Article 10 – paragraph 1 – subparagraph 1 c (new)

Text proposed by the Commission

Amendment

The Commission shall adopt rules and procedures to determine which authority is competent to process a complaint. These rules shall take into account, among others, the specifics of the complaint and the capacities of the competent authorities in the concerned Member States.

Amendment 64

Proposal for a regulation

Article 10 – paragraph 2

Text proposed by the Commission

Amendment

2. The competent authority shall, as soon as possible, inform the person or association referred to in paragraph 1 of the outcome of the assessment of their submission.

2. The competent authority shall, as soon as possible, inform the ~~complainant~~stakeholders referred to in paragraph 1 of the outcome of the ~~reasoning and the~~ assessment of their ~~complaint,~~submission as well as ~~all the~~any ~~decisions~~decision referred to in Article 9.9 and its rationale.

Amendment 65

Proposal for a regulation

Article 10 – paragraph 3

Text proposed by the Commission

Amendment

3. Directive (EU) 2019/1937 of the European Parliament and of the Council39 shall apply to the reporting of all breaches of this Regulation and the protection of persons reporting such breaches.

3. Directive (EU) 2019/1937 of the European Parliament and of the Council39 shall apply to the reporting of all breaches of this Regulation and the protection of ~~stakeholders~~persons reporting such breaches. Member States and the Commission shall ensure that the identity of the person reporting complaints and providing evidence of the occurrence of forced labour in the context of the complaint or investigation is not disclosed to anyone beyond the authorised staff members without the explicit consent of the person. This shall also apply to any other information from which the identity of the reporting person may be directly or indirectly deduced.

__________________

39 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law, OJ L 305, 26.11.2019, p. 17.

39 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law, OJ L 305, 26.11.2019, p. ~~17..~~17.

Amendment 5466

Proposal for a regulation

~~Article 11~~

Article 10 a (new)

Text proposed by the Commission

Amendment

~~Database of forced labour risk areas or products~~

Article 10a

~~Forced labour risk areas or products~~

Remediation

1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas or with respect to specific products including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, international organisations and third country authorities.

1. Remediation for victims shall be provided by the economic operator according to the decision of the competent authority in line with Article 6(4)(ca).

1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable, evidence-based and regularly updated database of forced labour risks in specific geographic areas, or with respect to specific products including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, civil society organisations, international organisations and third country authorities.

2. Remediation measures shall include one or more of the following:

~~2. The Commission shall ensure that the database is made publicly available by the external expertise at the latest 24 months after the entry into force of this Regulation.~~

(a) financial and non-financial compensation;

2. The Commission shall ensure that the database is made publicly available by the external expertise at the latest 24 months after the entry into force of this Regulation. This database shall be transparent and easily accessible to all.

(b) restitution for the victims to restore their position before the forced labour took place including obtaining or renewing relevant documents such as visas and work permits and returning their passport or any other personal document;

3. Economic operators placing or making available on the Union market or exporting products which are not mentioned in the database referred to in paragraph 1 of this Article, or which come from areas that are not mentioned in that database, shall also be required to comply with Article 3.

(d) effective preventive measures and guarantees of non-reoccurrence of forced labour; and, where it is accompanied by one or more of the above measures, apologies;

~~Amendment 55~~

(e) other remediation measures as agreed by stakeholders and the economic operators.

3. Evidence that remediation measures have been implemented shall be obtained in consultation with stakeholders and monitored by the Network. Competent authorities shall engage with stakeholders throughout the entire process.

4. Competent authorities may lift the market prohibition once the economic operator proves that the forced labour has been remediated, that forced labour is no longer present and that processes have been put in place to prevent harms from continuing or taking place again in the future. Competent authorities shall inform the Network of such steps and outcome and the database under Article 11 shall be adapted accordingly without delay.

Amendment 67

Proposal for a regulation

Article 11 a– ~~(new)~~paragraph 1

Text proposed by the Commission

Amendment

~~Article 11 a~~

~~Disclosure of value chains~~

1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific production sites or groups of production sites, economic operator, geographic areas or sectors or with respect to specific products including with regard to specific geographical high-risk regions or countries where forced labour practices are systemic and widespread or where forced labour is imposed by state authorities. The database shall be based on independent and verifiable information and the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, stakeholders, international organisations, including the United Nations and the ILO, regional multilateral organisations and third country authorities.

1. The economic operators should map their value chains and publicly disclose relevant information including names, locations and types of products concerning their subsidiaries, suppliers, contractors and business partners in the value chain.

Amendment 68

2. The Commission shall set up a public database containing the relevant information foreseen in paragraph 1 with due regard for commercial confidentiality, privacy, and competition law in order to facilitate the accessibility and transparency of the information for competent authorities and stakeholders to implement this Regulation.

~~3. Economic operators will feed their relevant information into the system and ensure that such information is up to date.~~

~~Amendment 56~~

Proposal for a regulation

Article 1211 – paragraph 51 a (new)

Text proposed by the Commission

Amendment

5. Member States shall ensure that the designated competent authorities exercise their powers impartially, transparently and with due respect for obligations of professional secrecy. Member States shall ensure that their competent authorities have the necessary powers and resources to carry out the investigations, including sufficient budgetary and other resources and coordinate closely with the national labour inspections and judicial and law enforcement authorities, including those responsible for the fight against trafficking in human beings.

1a. The products referred to in paragraph 1 coming from specific geographical high-risk regions or countries where forced labour practices are systemic and widespread shall be presumed to be in violation of Article 3 and shall therefore be automatically subject to an investigation in accordance with Article 5. Economic operators have the burden to disproof such presumption.

5. Member States shall ensure that the designated competent authorities exercise their powers impartially, transparently and with due respect for obligations of professional secrecy. Member States shall ensure that their competent authorities have the necessary powers, expertise and resources to carry out the investigations, including sufficient budgetary and other resources and coordinate closely with the national labour inspections and judicial and law enforcement authorities, including those responsible for the fight against trafficking in human beings.

Amendment 69

~~Amendment 57~~

Proposal for a regulation

Article 1211 – paragraph 62

Text proposed by the Commission

Amendment

~~6. Member States shall confer on their competent authorities the power to impose penalties in accordance with Article 30.~~

2. The Commission shall ensure that the database is made publicly available by the external expertise at the latest 24 months after the entry into force of this Regulation.

~~6. Member States shall confer on their competent authorities the power to impose penalties in accordance with Article 30, including with respect to the provision of remediation.~~

2. The Commission shall ensure that the database is made easily accessible to all, including to persons with disabilities, and publicly available in multiple languages by the external expertise at the latest 18 months after the entry into force of this Regulation.

Amendment 5870

Proposal for a regulation

Article 1420 – paragraph 1

Text proposed by the Commission

Amendment

1. Decisions taken by a competent authority in one Member State shall be recognised and enforced by competent authorities in the other Member States in so far as they relate to products with the same identification and from the same supply chain for which forced labour has been found.

Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is disposed of in accordance with national law consistent with Union law. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.

1. Decisions taken by a competent authority in one Member State shall be recognised and enforced by competent authorities in the other Member States in so far as they relate to products with the same identification and from the same value chain for which forced labour has been found.

Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is disposed of in accordance with national law consistent with Union law, destining its proceeds to victims and victims’ associations for the purpose of social re-use.

Amendment 5971

Proposal for a regulation

Article 1623 – paragraph 21 – introductory part

Text proposed by the Commission

Amendment

2. Customs authorities shall be provided with information identifying the product, information about the manufacturer or the producer and information about the product suppliers as regards products entering or leaving the Union market that have been identified by the Commission pursuant to paragraph 1, unless the provision of such information is already required pursuant to customs legislation referred to in Article 5(2) of Regulation (EU) No 952/2013.

The Commission shall issue guidelines no later than 18 months after the entry into force of this Regulation, which shall include the following:

2. Customs authorities shall be provided with information identifying the product, information about the manufacturer, the producer or the transporter and information about the product suppliers as regards products entering or leaving the Union market that have been identified by the Commission pursuant to paragraph 1, unless the provision of such information is already required pursuant to customs legislation referred to in Article 5(2) of Regulation (EU) No 952/2013.

The Commission shall issue guidelines no later than 12 months after the entry into force of this Regulation, which shall include the following:

Amendment 6072

Proposal for a regulation

~~Article 23~~

Article 23 – paragraph 1 – point a

Text proposed by the Commission

Amendment

~~Guidelines~~

~~The Commission shall issue guidelines no later than 18 months after the entry into force of this Regulation, which shall include the following:~~

~~The Commission shall issue guidelines no later than 6 months after the entry into force of this Regulation, which shall include the following:~~

(a) guidance on due diligence in relation to forced labour, which shall take into account applicable Union legislation setting out due diligence requirements with respect to forced labour, guidelines and recommendations from international organisations, as well as the size and economic resources of economic operators;

(a) guidance on due diligence in relation to forced labour, including forced child labour and forced women and girls labour, which shall take into account applicable Union legislation setting out due diligence requirements with respect to forced labour, guidelines and recommendations from international ~~organisations,~~organisations and stakeholders as well as the size and economic resources of economic ~~operators. More specifically, the guidelines shall refer to remediation measures~~operators, with a gender-responsive and child-friendly approach, including financial and non-financial compensation, restitution, rehabilitation, effective preventive measures, such as injunctions and guarantees of non-recurrence of forced labour and apologies. In all cases, remediation must be adapted to the specific context and condition of the rightsholder. The guidelinesparticular ~~shall~~focus ~~also~~on ~~incorporate~~accompanying measures to ~~cover the states' obligation to protect, to provide immediate assistance and rehabilitation and aim to~~support ~~contribute~~SMEs to ~~the access to~~comply ~~long-term~~with ~~sustainable~~this ~~solutions;~~Regulation;

Amendment 73

Proposal for a regulation

Article 23 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) information on risk indicators of forced labour, which shall be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, civil society, business organisations, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;

(b) information on risk indicators of forced labour, which shall be based on ~~the indicators for forced labour set out by the ILO including in its ‘Hard to see, harder to count – Survey guidelines to estimate forced labour of adults and children’, on~~ independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, including the ‘Hard to See, Harder to Count’ guidance, civil society, business organisations, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;

~~(c) a list of publicly available information sources of relevance for the implementation of this Regulation;~~

Amendment 74

~~(c) a list of publicly available and accessible information sources of relevance for the implementation of this Regulation;~~

Proposal for a regulation

~~(d) further information to facilitate the competent authorities’ implementation of this Regulation;~~

Article 23 – paragraph 1 – point e

~~(d) further information to facilitate the competent authorities’ implementation of this Regulation;~~

Text proposed by the Commission

Amendment

(e) guidance for the practical implementation of Article 16 and, where appropriate, any other provision laid down in Chapter III of this Regulation.

(e) guidance for the practical implementation of Article 16 and, where appropriate, any other provision laid down in Chapter III of this Regulation; the guidance shall include provisions on the identification and evaluation of risks of forced labour in commodities sourced by economic operators through a mass balance approach;

(e a) guidelines to assist economic operators in the setting up of a value chain mapping process and for the identification of victims and risks, including references to specific high-risk sectors and areas;

Amendment 75

(e b) guidance for the stakeholders to file a complaint and facilitate access to justice, remedy and protection, as well as participate and meaningfully engage in the procedures set out in the Regulation.

~~Amendment 61~~

Proposal for a regulation

~~Article 24~~

Article 23 – paragraph 1 – point e a (new)

Text proposed by the Commission

Amendment

~~Union Network Against Forced Labour Products~~

(ea) guidance on remediation measures, as provided for in Article 10a;

~~Union Network Against Forced Labour Products~~

Amendment 76

1. A Union Network Against Forced Labour Products (‘the Network’) is established. The Network shall serve as a platform for structured coordination and cooperation between the competent authorities of the Member States and the Commission, and to streamline the practices of enforcement of this Regulation within the Union, thereby making enforcement more effective and coherent.

Proposal for a regulation

Article 23 – paragraph 1 – point e b (new)

Text proposed by the Commission

Amendment

(eb) guidance on meaningful stakeholder engagement;

Amendment 77

Proposal for a regulation

Article 23 – paragraph 1 – point e c (new)

Text proposed by the Commission

Amendment

(ec) guidance on requirements that economic operators need to adhere to in order to prove that they have eliminated forced labour from their supply chains and corrective actions adopted to prevent future abuses;

Amendment 78

Proposal for a regulation

Article 23 – paragraph 1 – point e d (new)

Text proposed by the Commission

Amendment

(ed) guidance for stakeholders to file a complaint and meaningfully engage in the procedures set out in this Regulation.

Amendment 79

Proposal for a regulation

Article 24 – paragraph 2

Text proposed by the Commission

Amendment

2. The Network shall be composed of representatives from each Member States’ competent authority, representatives from the Commission and, where appropriate, experts from the customs authorities.

2. The Network shall be composed of representatives from each Member States’ competent authority, representatives from the ~~Commission, including EU delegations,~~Commission and, where appropriate, experts from the customs ~~authorities,~~authorities. asRepresentatives ~~well~~of ascandidate ~~the~~countries ~~European~~may ~~Agency~~be, ~~for~~where ~~Fundamental~~relevant, ~~Rights,~~invited ~~the~~to ~~European~~participate ~~Labour~~as ~~Authority~~observers. ~~and~~The ~~other~~Network ~~Union~~shall ~~agencies~~consult with ~~relevant expertise in the areas covered by the Regulation. Trade~~trade unions and other workers’ representatives, civil society ~~organisations, human rights defenders,~~representatives, international ~~organisations,~~organisations and third countries’ competent ~~authorities shall be invited to collaborate with the Network.~~authorities.

~~3. The Network shall have the following tasks:~~

Amendment 80

~~3. The Network shall have the following tasks:~~

Proposal for a regulation

~~(a) facilitate the identification of common priorities for enforcement activities, to exchange information, expertise and best practices;~~

Article 24 – paragraph 3 – point d

(a) facilitate the identification of common priorities for enforcement activities, including in third countries and especially in developing countries, to exchange information, expertise and best practices ensuring a gender-responsive and child-friendly approach;

Text proposed by the Commission

~~(b) conduct joint investigations;~~

Amendment

~~(b) conduct joint investigations, including in third countries, and reinforce national and transnational referral mechanisms;~~

~~(c) facilitate capacity building activities and contribute to uniform risk-based approaches and administrative practices for the implementation of this Regulation in the Member States;~~

(c) facilitate capacity building activities and contribute to uniform risk-based approaches and administrative practices for the implementation of this Regulation in the Member States and third countries;

~~(d) contribute to the development of guidance to ensure the effective and uniform application of this Regulation;~~

(d) contribute to the development of guidance to ensure the effective and uniform application of this Regulation;

~~(e) promote and facilitate collaboration to explore possibilities for using new technologies for the enforcement of this Regulation and the traceability of products;~~

(d) contribute to the development of guidance to ensure the effective and uniform application of this Regulation, as well as coordinate dissemination efforts inside and outside the Union;

~~(e) promote and facilitate collaboration to explore possibilities for using new technologies for the enforcement of this Regulation and the traceability of products;~~

Amendment 81

~~(f) to promote the cooperation and exchange of expertise and best practices between competent authorities and customs authorities;~~

(f) to promote the cooperation and exchange of expertise and best practices between competent authorities and customs authorities and, where appropriate, with third countries’ competent authorities, especially developing countries’ authorities, as well as trade unions, civil society organisations, human rights defenders and international organisations;

~~(f a) manage the centralised complaint system.~~

~~4. The Commission shall support and encourage cooperation between enforcement authorities through the Network and participate in the meetings of the Network.~~

~~5. The Network shall establish its rules of procedure.~~

~~Amendment 62~~

Proposal for a regulation

Article 24 – paragraph 3 – point f a (new)

Text proposed by the Commission

Amendment

(fa) promote cooperation and exchange of expertise and good practices with third countries, international entities and relevant existing multi-stakeholders’ collaborative initiatives.

Amendment 82

Proposal for a regulation

Article 25 – paragraph 2

2. Where requested, the Commission, Member States and competent authorities shall treat the identity of those who provide information, or the information provided, as confidential. A request for confidentiality shall be accompanied by a non-confidential summary of the information supplied or by a statement of the reasons why the information cannot be summarised in a non-confidential manner.

2. ~~Where requested, the Commission, Member~~Confidentiality ~~States~~about and ~~competent authorities~~further ~~shall~~protection ~~treat~~of the identity of those who provide ~~information,~~information orshall ~~the~~be ~~information~~guaranteed ~~provided,~~automatically asunless ~~confidential.~~the Acontrary ~~request~~is ~~for~~requested. ~~confidentiality~~If ~~shall~~information beis ~~accompanied~~provided by ~~comprehensive protection~~children ~~services,~~in ~~when~~forced ~~requested,~~labour, ~~and~~child byprotection aand ~~non-confidential~~safeguarding ~~summary~~policies ofshall ~~the~~be ~~information~~put ~~supplied~~in orplace byas awell ~~statement~~as offorced ~~the~~child ~~reasons~~labour ~~why~~monitoring ~~the~~mechanisms, ~~information~~including ~~cannot~~child-oriented beprotocols ~~summarised~~for ininspections aand ~~non-confidential~~follow ~~manner.~~up.

Amendment 6383

Proposal for a regulation

Article 26 – paragraph 1

Text proposed by the Commission

1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission may as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, civil society representatives and business organisations. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis.

1. In order to facilitate effective implementation and enforcement of this ~~Regulation,~~Regulation and to jointly work on eradicating forced labour and its root causes, the Commission shall as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, ~~especially of~~international ~~developing~~organisations, ~~countries,~~stakeholders, ~~international~~civil ~~organisations,~~society ~~trade~~representatives, ~~unions~~including ~~and~~trade ~~other~~unions, workers’ ~~representatives, civil~~rights ~~society~~organisations, ~~representatives~~NGOs and ~~business~~networks ~~organisations~~of ~~and~~affected ~~any~~stakeholders, ~~other~~and ~~stakeholder.~~business organisations. International cooperation with authorities of third countries, especially ~~developing~~candidate countries, shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis ~~and~~to ~~through~~support ~~the~~them ~~Network~~in ~~foreseen~~enabling inenvironments ~~Article~~to ~~24.~~protect and promote human rights.

1a. The Commission, in particular in developing countries and in accordance with Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe, shall provide measures to contribute to the effective implementation of this Regulation, including financial support for capacity building in partner countries in order to address the root causes of forced labour, which results e.g. from, among others, discrimination, unfair purchasing practises, the absence of living wage and land rights. The Commission shall provide financial and political support to civil society organisations, human rights defenders and rightsholders, and raise awareness and support access to protection, justice and remedy for victims, among others.

Amendment 84

Proposal for a regulation

Article 26 – paragraph 2

Text proposed by the Commission

Amendment

2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, civil society representatives, business organisations and competent authorities of third countries may result in the Union developing accompanying measures to support the efforts of companies and partner countries efforts and locally available capacities in tackling forced labour.

2. For the purposes of paragraph 1, ~~the~~cooperation ~~Union~~with, ~~shall~~amongst ~~develop~~others, ~~accompanying~~international ~~measures,~~organisations, ~~including~~stakeholders, tocivil ~~support~~society ~~the~~representatives, ~~efforts~~business oforganisations ~~the~~and ~~economic~~competent ~~operator~~authorities ~~and~~of ~~its~~third ~~business~~countries ~~partners~~shall result in the ~~value~~Union ~~chain,~~developing accompanying measures to support the efforts of companies, in particular ~~the~~SMEs, ~~small~~and partner countries efforts and ~~medium-sized~~locally ~~enterprises~~available ~~(SMEs).~~capacities in tackling forced labour.

~~2 a. The following accompanying measures are notably foreseen:~~

Amendment 85

(a) supportive development policies to governments in producer countries to guarantee, protect and fulfil their international human rights obligations to implement decent labour conditions, inter alia by:

Proposal for a regulation

~~(i) removing barriers to freedom of expression and association, and increased recognition of land rights;~~

Article 26 – paragraph 2 a (new)

~~(ii) building national social protection floor, in order to reduce vulnerability to forced or compulsory labour;~~

Text proposed by the Commission

(iii) providing social and economic assistance, including access to educational and training opportunities and access to decent work, notably for at-risk population groups to increase their employability and income-earning opportunities and capacity;

Amendment

(iv) developing coherent policies, such as employment and labour migration policies, which take into account the risks faced by specific groups of migrants, including those in an irregular situation, and address circumstances that could result in forced labour situations.

2a. The Council shall impose sanctions through the EU Global Human Rights Sanctions Regime (EU Magnitsky Act) or country-based sanctions regimes in cases in which forced labour has been identified in accordance with this Regulation. Those sanctions may be coordinated with like-minded partners. The Council shall also adopt conclusions outlining strategies of the Union and the Member States to promote bilateral and multilateral coordination with third countries and other diplomatic initiatives to address state-sponsored forced labour, up to and including the recourse to sanctions towards third countries that promote forced labour, in line with ILO Convention No. 105.

~~(b) supporting partner countries to develop encompassing National Action Plans on Forced Labour, with the aim to:~~

Amendment 86

~~(i) address the root causes of workers’ vulnerability to forced or compulsory labour;~~

Proposal for a regulation

~~(ii) adopt and strengthen legislation on forced labour, covering the employment relationship of all sectors of the economy;~~

Article 26 – paragraph 2 b (new)

(iii) provide effective protective measures to meet the needs of all victims, irrespective of their status (age, gender, ethnicity, migration status or any other ground for discrimination), for both immediate assistance and long-term recovery and rehabilitation;

Text proposed by the Commission

~~(iv) strengthen the enforcement of laws and prosecution;~~

Amendment

(v) raise awareness and engagement, especially for those who are most at risk of becoming victims of forced or compulsory labour, including migrants, to inform them, inter alia, about how to protect themselves against fraudulent or abusive recruitment and employment practices, their rights and responsibilities at work, how to gain access to assistance in case of need and about the sanctions for violating the prohibition on forced or compulsory labour.

2b. The Commission and Member States shall develop cooperation and partnership mechanisms with third countries to address the root causes of forced labour, prevent and eliminate practices of forced labour, including child labour, and build the capacity of upstream economic actors to respond to the requirements under this Regulation.

2 b. The Union and its Member States shall support third countries, in particular developing countries, by promoting the ratification and the effective implementation of fundamental ILO’s conventions and standards related to the prohibition of forced labour and by taking measures to enable partner countries to effectively prevent, minimise, remediate and eradicate on forced labour.

Amendment 87

2 c. Member States and the Commission shall provide information and effective support to relevant stakeholders to comply with and exercise the rights provided to them, in particular the right to file a complaint, as well as to monitor the implementation of the Regulation.

Proposal for a regulation

~~ANNEX: List of entities or persons~~

Article 26 – paragraph 2 c (new)

~~from whom the rapporteur for the OPINION has received input~~

Text proposed by the Commission

The following list is drawn up on a purely voluntary basis under the exclusive responsibility of the rapporteur for the opinion. The rapporteur has received input from the following entities or persons in the preparation of the draft opinion, until the adoption thereof in committee:

Amendment

~~Entity and/or person~~

2c. The competent authorities and the Commission shall cooperate with relevant authorities of third countries to carry out investigations, as well as coordinate when it is relevant with investigations carried out by other countries and align with decisions taken by other international entities. Member States’ competent authorities and the Commission shall actively exchange knowledge and intelligence with third-country governments. International cooperation with authorities of third countries shall take place with the involvement of the Union Delegations in those countries.

~~Acumen Public Affairs~~

Amendment 88

~~Anti-Slavery International~~

Proposal for a regulation

~~AxHa~~

Article 26 – paragraph 2 d (new)

~~Clean Clothes Campaign European Coalition (CCC – European Coalition)~~

Text proposed by the Commission

~~European Center for Constitutional and Human Rights (ECCHR)~~

Amendment

~~European Cocoa Association~~

2d. The Union and its Member States shall support third countries, in particular developing countries, by promoting the ratification and the effective implementation of fundamental ILO conventions and standards related to the prohibition of forced labour and by taking measures to enable partner countries in collaboration with civil society organisations and stakeholders to effectively prevent, minimise, remediate to and eradicate forced labour.

~~Fair Trade Advocacy Office (FTAO)~~

~~Fediol~~

~~French National Consultative Commission on Human Rights~~

~~Fundación Brazil~~

~~Fundación Libera~~

~~German Institute for Human Rights~~

~~International Dalit Solidarity Network (IDSN)~~

~~Ovibashi Karmi Unnayan Program~~

~~Reporter Brazil~~

~~Social Awareness and Voluntary Education~~

~~The Remedy Project~~

~~Tony’s Chocolonely~~

~~Turkmen.news~~

~~Uganda Consortium for Corporate Accountability~~

PROCEDURE – COMMITTEE ASKED FOR OPINION

Date announced in plenary

~~DEVE~~

AFET

~~19.1.2023~~

6.10.2022

Associated committees - date announced in plenary

16.3.2023

Rapporteur for the opinion

Date appointed

~~Ilan De Basso~~

Salima Yenbou

~~26.10.2022~~

29.9.2022

Rule 58 – Joint committee procedure

Discussed in committee

~~21.3.2023~~

24.4.2023

23.5.2023

Date adopted

~~28.6.2023~~

18.7.2023

Result of final vote

Members present for the final vote

Hildegard Bentele, Stéphane Bijoux, Mercedes Bresso, Catherine Chabaud, Christophe Clergeau, Elisabetta De Blasis, Charles Goerens, Mónica Silvana González, Pierrette Herzberger-Fofana, György Hölvényi, Rasa Juknevičienė, Beata Kempa, Karsten Lucke, Erik Marquardt, Janina Ochojska, Michèle Rivasi, Eleni Stavrou, Tomas Tobé, Miguel Urbán Crespo, Bernhard Zimniok

Alexander Alexandrov Yordanov, François Alfonsi, Maria Arena, Petras Auštrevičius, Traian Băsescu, Anna Bonfrisco, Reinhard Bütikofer, Susanna Ceccardi, Włodzimierz Cimoszewicz, Katalin Cseh, Michael Gahler, Kinga Gál, Klemen Grošelj, Dietmar Köster, Andrius Kubilius, Ilhan Kyuchyuk, Jean-Lin Lacapelle, David Lega, Miriam Lexmann, Leopoldo López Gil, Antonio López-Istúriz White, Lukas Mandl, Thierry Mariani, Pedro Marques, David McAllister, Vangelis Meimarakis, Sven Mikser, Alessandra Moretti, Matjaž Nemec, Gheorghe-Vlad Nistor, Kostas Papadakis, Tonino Picula, Thijs Reuten, Nacho Sánchez Amor, Isabel Santos, Andreas Schieder, Dragoş Tudorache, Viola von Cramon-Taubadel, Witold Jan Waszczykowski, Charlie Weimers, Isabel Wiseler-Lima, Salima Yenbou, Tomáš Zdechovský, Željana Zovko

Substitutes present for the final vote

~~Marlene Mortler, Maria Noichl, María Soraya Rodríguez Ramos~~

Attila Ara-Kovács, Malik Azmani, Jakop G. Dalunde, Georgios Kyrtsos, Sergey Lagodinsky, Juozas Olekas, Nikos Papandreou, Javier Zarzalejos

Substitutes under Rule 209(7) present for the final vote

~~France Jamet~~

Theresa Bielowski, Franc Bogovič, Gilles Boyer, Othmar Karas, Samira Rafaela

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION