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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.
Tackling and eradicating the use of forced labour is an integral part of the European Union’s commitment to human and labour rights. This was also emphasised during the State of the Union 2021 as a wider EU objective for a global just transition.
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.
The prohibition of the use of forced or compulsory labour in all its forms is considered as a peremptory norm of international human rights law. There are numerous international and European legal instruments, notably ILO Conventions No.29 (including its Protocol) and No. 105 and the EU Charter of Fundamental Rights, which prohibit forced labour unambiguously. Furthermore, through the EU Action Plan on human rights and democracy 2020-2014 adopted by the Council in 2020, the EU committed to promote a zero-tolerance policy on child labour and to eradicate forced labour, to support labour rights in EU trade relations, and to promote due diligence in global supply chains as well as the ratification of the ILO Forced Labour Protocol.
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.
Despite this normative framework, modern slavery and forced labour have been on the rise in recent years. The ILO estimates that 49.6 million people were living in modern slavery in 2021 worldwide, of which 27.6 million people were in situations of forced labour, including at least 11.8 million women and girls.
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 workers 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.
In June 2022, the European Parliament therefore called for an instrument banning the import and export of products made or transported by forced labour. In September 2022, the European Commission published the proposal on prohibiting products made with forced labour on the Union Market. The 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.
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 welcomes the proposal put forward by the European Commission, and with this draft report seeks to strengthen the proposal in order to ensure that the Regulation contributes to the effective eradication of forced labour globally and within the EU.
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.
To ensure coherence with international standards, the Rapporteur has sought to align the definition of forced labour in the Regulation with the relevant ILO instruments, guidance and decisions. The ILO does not only prohibit forced labour in production but also in the provision of services, which can equally be provided across borders. It is also important to be very explicit in highlighting that transportation and storage are sectors that should fall under the ambit of the Regulation since there are serious vulnerabilities to forced labour in such sectors.
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.
The Rapporteur also aims to close a significant loophole in the proposal of the European Commission by proposing an article on access to remedy. The enforcement of any Regulation cannot be effective without ensuring that workers who have been victimised have access to an effective remedy. Indeed, the interests of victims need to be at the heart of this Regulation. Particularly when it comes to specific high-risk areas with systematic and widespread cases of forced labour, the presumption of the existence of forced labour needs to apply to help competent authorities deal with cases efficiently. The Rapporteur also seeks to strengthen the role of the Union Network to help competent authorities in Member States coordinate and collaborate, and to take on a centralising role as an entry point for complaints.
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.
Transparency and information are important tools for the enforcement of the Regulation, and the database on forced labour risks indicators is therefore critical. The Rapporteur believes it is important that the Commission can draw on information from civil society and trade unions, that information is also accessible to the public and that the database provides a list of specific geographical high-risk regions or countries where forced labour practices are systematic and widespread.
AMENDMENTS
The Committee on DevelopmentEmployment and Social Affairs calls on the Committee on the InternalInternational MarketTrade and Consumerthe ProtectionCommittee andon the CommitteeInternal onMarket Internationaland Trade,Consumer Protection, as the committees responsible, to take into account the following amendments:into account:
Amendment 1
Proposal for a regulation
Recital 1
Text proposed by the Commission
Amendment
(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. 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 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 service is exacted from persons that have not offered it themselves voluntarily.17
(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, contributes to the perpetuation of poverty 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, including the supplementing 2014 Protocol to Convention No. 29 and 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 Conventions 16 and issues recommendations to prevent, eliminate, and remedy forced labour16a. Forced labour includes work and services, which is performed or provided along the value chain, and is exacted from any person under the threat of a penalty and for which the person has not offered himself or herself voluntarily. 17 According to the ILO and the UN, some economic activities in certain productive sectors such as processing, agriculture, garment and fisheries, and in certain services sector, such as transportation, storage and logistics, cleaning and seasonal work have a higher occurrence of forced labour17a. This definition applies to work or service exacted by governments and public authorities as well as private bodies and individuals. The ILO has developed several indicators used to identify and indicate cases of forced labour, such as threats and actual physical and sexual harm, abuse of vulnerability, abuse of working and living conditions and excessive overtime, deception, restriction of movement or confinement to the workplace or a limited area, isolation, debt bondages, withholding wages or excessive wage reduction, retention of passports and identity documents or threat of denunciation to the authorities when the worker has an irregular immigration status 17b. Forced labour is very often linked to poverty and discrimination. The manipulation of credit and debt, either by employers or by recruiting agents, is still a key factor that traps vulnerable workers in forced labour situations17c. 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 vulnerability17d. According to the ILO supervisory bodies, prison labour, including where it is performed for private companies, is not in itself constitutive of forced labour provided that it is done on a voluntary basis, for the benefit of the prisoner and approximates the conditions of a free labour relationship. Community work as an alternative penal sanction to imprisonment should always be in the public general interest and should, under no circumstances, be abused by States as means to degrade the convicted person or deprive the person of their dignity17e. In cases in which work or service is imposed by exploiting the worker's vulnerability, under the threat of a penalty, such threat does not need to take the form of a penal sanction but might take the form also of a loss of rights or benefits.
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16 https://www.ilo.org/global/standards/introduction-to-international-labour-standards/conventions-and-recommendations/lang--en/index.htm.
16 https://www.ilo.org/global/standards/introduction-to-international-labour-standards/conventions-and-recommendations/lang--en/index.htm.
16a ILO Forced Labour (Supplementary Measures) Recommendation, 2014.
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).
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).
17a UNODC (United Nations Office on Drugs and Crime), “Global Report on Trafficking In Persons ” 2020, https://www.unodc.org/documents/data-and-analysis/tip/2021/GLOTiP_2020_15jan_web.pdf
ILO (International Labour Organization), “Global Estimates of Modern Slavery: Forced Labour and Forced Marriage ” 2022, https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---ipec/documents/publication/wcms_854733.pdf
ILO (International Labour Organization), “Profits and Poverty: The Economics of Forced Labour” 2014, https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/wcms_243391.pdf
17b https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/wcms_203832.pdf
17c ILO, the Profits and Poverty: The economics of forced labour: https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/wcms_243391.pdf
7d ECHR, Chowdury and Others v Greece (21884/15) and Zoletic and Others v. Azerbaijan (20116/12) cases.
17e https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---relconf/documents/meetingdocument/wcms_089199.pdf Page 27
Amendment 2
Proposal for a regulation
Recital 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. 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.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. It is estimated that about 27.6 million people were in forced labour in 2021 .18 Vulnerable and marginalised groups in a society, such as women, children, ethnic minorities, persons with disabilities, lower casters, indigenous and tribal people, migrants, especially if they are undocumented, with a precarious status and in the informal economy, are particularly susceptible to be pressured into performing forced labour. Even when it is not state imposed, forced labour is often a consequence of the absence or lack of good governance of certain economic operators and a demonstration of a state’s failure to enforce social and labour rights, particularly for vulnerable and marginalised groups. Forced labour can also take place as a result of authorities' tacit consent. Women and girls account for 11.8 million of the total in forced labour. More than 3.3 million of all those in forced labour are children. Between 2016 and 2021, the estimated number of people in forced labour increased by 2.7 million18a. Migrant workers who are not protected by law or are unable to exercise their rights face a higher risk of exposure to forced labour than other workers do. According to the ILO, 15 % of all adults in forced labour are migrants18b. The Union´s Agency for Fundamental Rights has found that this is also the case within the Union. Abusive employers use the weak position of migrant workers to force them to work for endless hours with no or little pay, often in dangerous settings, and without the minimum safety equipment required by law18c. The vast majority of forced labour occurs in the private sector, in particular through forced labour exploitation (17.3 million people), which accounts for 86 % of all forced labour cases18d. The obligations of economic operators deriving from this Regulation should be predictable and clear in order to ensure full and effective compliance and contribute to bringing forced labour to an end.
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18 The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---ipec/documents/publication/wcms_854733.pdf.
Or. en
18a The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---ipec/documents/publication/wcms_854733.pdf
Amendment 2
18b The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---ipec/documents/publication/wcms_854733.pdf
18c https://fra.europa.eu/en/content/protecting-migrant-workers-exploitation-fra-opinions
18d The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---ipec/documents/publication/wcms_854733.pdf
Amendment 3
Proposal for a regulation
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.
(2a) The Office of the UN High Commissioner for Human Rights (OHCHR) concluded that the People's Republic of China (PRC) has committed 'serious human rights violations' against the Uyghur and 'other predominantly Muslim communities' in what the PRC refers to as the Xinjiang Uyghur Autonomous Region (XUAR). This includes 'torture, sexual violence, ill-treatment, forced medical treatment, as well as forced labour and reports of deaths in custody' committed in camps and other detention facilities.
Or. en
Amendment 4
Amendment 3
Proposal for a regulation
(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 eradication ofUnion forcedaims labourto isbe a priority forglobal theleader Union.on Respectresponsible forbusiness humanconduct dignityas andwell theas universalitybusiness and indivisibility of human rights are firmly enshrined inrights. ArticleThe 21prohibition of the Treatyuse onof Europeanforced Union.and Furthermore,compulsory labour in all its relationsforms withis theconsidered wideras world,a theperemptory Unionnorm shouldof upholdinternational andlaw18a promotefrom itswhich valuesno andexception contributeis topermitted. theThe protectioneradication of humanforced rights,labour inis particulartherefore thea rightspriority offor the child, asUnion wellthat asstems thefrom strictits observanceprinciples and the development of international law in accordance with Article 3(5)human ofrights thecommitments. TreatyRespect onfor Europeanhuman Union.dignity Theand respect,the promotionuniversality and protectionindivisibility of human rights constituteare analso objectivefirmly enshrined in Article 21 of the development cooperationTreaty whichon shallEuropean beUnion. takenThe intoprevention accountand inelimination theof policiesforced thatlabour theincluding Unionforced implementschild whichlabour are likelyprerequisites toof affectUnion´s developingexternal countriescommercial inand accordanceeconomic withrelations. Article 2085 of the TreatyCharter onof theFundamental FunctioningRights of the European Union.Union Moreover,explicitly Articleprohibits 5(2)slavery, ofservitude, theforced Charterand ofcompulsory Fundamentallabour Rightsand oftrafficking thein Europeanhuman Unionbeings 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.Rights.19 19The Charter of Fundamental Rights recognises the right of every worker to fair and just working conditions in Article 31, which respect his or her health, safety and dignity, and the right of an effective remedy and fair trial in Article 47. The European Social Charter (1961) and the Revised European Social Charter (1996) require contracting parties to protect effectively the right of the worker to earn his living in an occupation freely entered upon. In addition, 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 People´s Republic of China (PRC).19b
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18a https://www.ohchr.org/sites/default/files/Documents/Publications/slaveryen.pdf
19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.
19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.
Or. en
19b European Parliament resolution of 6 June 2022, on a new trade instrument to ban products made by forced labour;European Parliament resolution of 17 December 2020 on forced labour and the situation of the Uyghurs in the Xinjiang Uyghur Autonomous Region.
Amendment 4
Proposal for a regulation
Recital 8
Text proposed by the Commission
Amendment
(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 ]
(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.
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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.
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.
Or. en
Amendment 5
Proposal for a regulation
Recital 104
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 ]
(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.
(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 ]
(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. However, there are Member States, which have not yet ratified the Protocol to ILO Convention No. 29, despite Council Decisions calling on Member States for a ratification and implementation20a. The ILO estimates that there are 880 000 forced labour victims inside the Union, in addition to the forced labour involved inter alia in the Union’s imports from the rest of the world.20b Moreover, there continue to be shortcomings in the implementation of the fundamental ILO Conventions.20c It is necessary that Member States fully implement the fundamental ILO conventions 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. This Regulation aims to legally bind Member States to prevent and bring to an end the use of forced labour, to provide to victims protection and access to remedy and effective remediation, such as compensations, to penalise non-compliance with decisions referred to in Article 6(4). According to the ILO, remediation remains one of the key policy priorities for addressing forced labour. In that regard, Protocol to ILO Convention No. 29 stipulates that all victims of forced or compulsory labour, irrespective of their presence or legal status in the national territory, should have access to appropriate and effective remedies, such as compensations. The third pillar of the UN Guiding Principles on Business and Human Rights stipulates that remediation is a fundamental right and may include apologies, 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.
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26 Directive 2013/34/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups, OJ
20 https://www.ilo.org/wcmsp5/groups/public/---europe/---ro-geneva/---ilo-brussels/documents/publication/wcms_195135.pdf.
26 Directive 2013/34/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups, OJ
20 https://www.ilo.org/wcmsp5/groups/public/---europe/---ro-geneva/---ilo-brussels/documents/publication/wcms_195135.pdf.
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.
20a Council Decision (EU) 2015/2071 of 10 November 2015 authorising Member States to ratify, in the interests of the European Union, the Protocol of 2014 to the Forced Labour Convention, 1930, of the International Labour Organisation as regards Articles 1 to 4 of the Protocol with regard to matters relating to judicial cooperation in criminal matters (OJ L 301, 18.11.2015, p. 47) and Council Decision (EU) 2015/2037 of 10 November 2015 authorising Member States to ratify, in the interests of the European Union, the Protocol of 2014 to the Forced Labour Convention, 1930, of the International Labour Organisation with regard to matters relating to social policy (OJ L 298, 14.11.2015, p. 23).
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.
20b ILO 2012 Global Estimate of Forced Labour: https://www.ilo.org/wcmsp5/groups/public/---europe/---ro-geneva/---ilo-brussels/documents/genericdocument/wcms_184975.pdf
Or. en
20c The ILO supervisory bodies’ comments on the application of Conventions on forced labour can be found under (https://www.ilo.org/dyn/normlex/en/f?p=1000:20010:::NO:::)
Amendment 6
Proposal for a regulation
Recital 185
Text proposed by the Commission
Amendment
(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. In addition, the Commission should issue guidelines on forced-labour risk indicators and on publicly available information in order to help SMEs, as well as other economic operators, to comply with the requirements of the prohibition.
(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.
(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 Commission should issue guidelines on forced-labour risk indicators, 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 Regulation.
(5) Through its policies and legislative initiatives the Union must intensify its efforts to eradicate the use of forced labour. The eradication of child labour and forced labour is inherently linked to the promotion of decent working conditions, social protection, social dialogue, freedom of association, collective bargaining, right to organise and take collective action, and sustainable business conduct. Bringing to an end forced labour does not mean disengagement as first resort. The Union promotes due diligence, including through enforceable legislation, 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 neither in the value chains of undertakings established, nor in goods and services that are to be made available in the Union. ILO guidance1a provides comprehensive information, tools and data collection to combat forced labour of adults and children, as well as sector specific guidance which should be considered for the identification of risk relating to own operations and value chains. When implementing legislation and policies aimed at eradicating forced labour, the Union should make relevant data publicly accessible without undue delay. It is indeed crucial to identify the origin of the product as well as its storage and transport points and the economic operators along its value chain to effectively fight against forced labour. In this regard, information from customs authorities' are decisive risk indicators since forced labour exists in every region of the world. The highest number of people in forced labour are in Asia while when calculating forced labour as proportion of the population, the highest number is in the MENA region1b.
Or. en
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1a https://ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/wcms_182096.pdf
1b Covers the following countries and territories: Bahrain, Iraq, Jordan, Kuwait, Lebanon, Occupied Palestinian Territory, Oman, Qatar, Saudi Arabia, Syrian Arab Republic, United Arab Emirates and Yemen, ILO 2021 Global Estimates of Modern Slavery: https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---ipec/documents/publication/wcms_854733.pdf
Amendment 7
Proposal for a regulation
Recital 19
Recital 5 a (new)
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.
(5a) This Regulation creates an additional economic instrument to prevent and eliminate forced labour worldwide by prohibiting products and services made or provided with the use of forced labour. In addition to these economic instruments, the Union has existing complementary legislation to fulfil its obligations to uphold human dignity of every human being and address the root causes of forced labour, including forced child labour, such as issues of economic exploitation, poverty, systemic discrimination and lack of regular and decent paths of labour migration pathways; at the level of an economic operator, it includes prices below cost of production, lack of decent and living wages and, more generally, any unfair purchasing practices of economic operators1a.
(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.
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Or. en
1a https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---ipec/documents/publication/wcms_854733.pdf and https://respect.international/wp-content/uploads/2018/06/The-Global-Business-of-Forced-Labour-Report-of-Findings-University-of-Sheffield-2018.pdf
Amendment 8
Proposal for a regulation
Recital 20
Recital 5 b (new)
Text proposed by the Commission
Amendment
(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.
(5b) Meaningful stakeholder engagement is essential to tackle forced labour. It includes engagement of economic operators with relevant stakeholders to understand how their interests are affected by their activities. It also includes engagement of competent authorities with stakeholders prior to taking decisions that may impact the stakeholders, and the consideration of stakeholders´ interests. It also involves the timely provision of all information needed by all relevant stakeholders to make an informed judgment on how the decision could affect them, and it includes the implementation of agreed commitments.
(20) In order to increase the effectiveness of the prohibition, competent authorities should grant reasonable time to economic operators to identify, prevent, mitigate, remediate and bring to an end the risk of forced labour.
Or. en
Amendment 9
Proposal for a regulation
Recital 2617
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.
(17) The prohibition should contribute to the international efforts to abolish forced labour. The definition of ‘forced labour’ should therefore be aligned with the definition laid down in ILO Convention No. 29. The definition of ‘forced labour applied by state authorities’ should be aligned with ILO Convention No. 105, which prohibits specifically the use of forced labour as punishment for the expression of political views, for the purposes of economic development, as a means of labour discipline, as a punishment for participation in strikes, or as a means of racial, religious or other discrimination.31
(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.
(17) The market ban, which enables the prohibition of import and export of products and services made with forced labour, should contribute to the international efforts to abolish forced labour. The definition of ‘forced labour’ should therefore be aligned with the definition laid down in ILO Convention No. 29. The definition of ‘forced labour applied by state authorities’ should be aligned with ILO Convention No. 105, which prohibits specifically the use of forced labour as punishment for the expression of political views, for the purposes of economic development, as a means of labour discipline, as a punishment for participation in strikes, or as a means of racial, religious or other discrimination 31. Article 3(a) of ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour refers to all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict. The UN Convention on the Rights of Persons With Disabilities prohibits exposing persons with disabilities to forced labour and requires that persons with disabilities are protected, on an equal basis with others, from forced or compulsory labour. The principle of equal treatment should also apply in sheltered workshops. Where products or services originating from geographic areas, production sites or economic activities in certain sectors in specific areas with systematic and wide spread forced labour practices listed in the database under Article 11 of this Regulation, competent authorities should presume that they were manufactured or provided using forced labour. In such cases, it should be the responsibility of the economic operator to demonstrate that its product or service was manufactured or provided without using forced labour, and that, in case of a decision under Article 6(4), any use of forced labour was remediated. In all cases, competent authorities should ensure that the burden of proof is not disproportionately high. The Commission, after engaging with relevant experts, including from the ILO, OECD, EEAS, social partners and civil society, should engage in the efforts to bring to an end forced labour by providing, in the database under Article 11 of this Regulation, regularly updated information on forced labour risks in specific geographic areas, production sites and economic activities in certain sectors in specific areas. The database should be clear and transparent in order to enable economic operators, and in particular SMEs and micro-enterprises, to use the data for their due diligence. Such data should be freely and easily accessible to the public, in a format also accessible to persons with disabilities and in all working languages of the Union.
Or. en
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31 What is forced labour, modern slavery and human trafficking (Forced labour, modern slavery and human trafficking) (ilo.org) and the ILO Conventions No. 29 and No. 105 referred therein.
31 What is forced labour, modern slavery and human trafficking (Forced labour, modern slavery and human trafficking) (ilo.org) and the ILO Conventions No. 29 and No. 105 referred therein.
Amendment 10
Proposal for a regulation
Recital 26 a (new)
Article 2 – paragraph 1 – point a
Text proposed by the Commission
Amendment
(26 a) The Commission, after consultation with competent authorities and other stakeholders, should be empowered to declare a presumption of forced labour for products and production sites included in the forced labour risk areas or products database. In these cases, competent authorities should immediately declare that there is a substantiated concern of a violation of the prohibition. Competent authorities should then 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 due diligence measures, including remediation, have been implemented. 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.
(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;
Or. en
(a) ‘forced labour’ means all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself or herself voluntarily in accordance with Article 2 of the Convention on Forced Labour, 1930 (No. 29) of the International Labour Organization, including forced child labour; whereby forced labour can occur along the value chain;
Amendment 11
Proposal for a regulation
Recital 32
Article 2 – paragraph 1 – point b
Text proposed by the Commission
Amendment
(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.
(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;
(32) The Commission should establish a centralised mechanism to receive complaints by any stakeholders who consider that products made with forced labour are placed and made available on the Union market. Complaints may be lodged anonymously. The complaint mechanism should be secure and accessible. The stakeholders should be informed of the outcome of the assessment of their complaints, as well as all the decisions made by competent authorities, referring to their complaints.
(b) ‘forced labour imposed by state authorities’ means the use of forced labour:
Or. en
(i) as a means of political coercion or education or as a punishment for holding or expressing political views or opinions ideologically opposed to the established political, social or economic system;
(ii) as a method of mobilising and using labour for purposes of economic development;
(iii) as a means of labour discipline;
(iv) as a punishment for having participated in strikes;
(v) as a means of racial, social, national or religious discrimination;
in accordance with Article 1 of the Convention on the Abolition of Forced Labour, 1957 (No. 105) of the International Labour Organization;
Amendment 12
Proposal for a regulation
Recital 32 a (new)
Article 2 – paragraph 1 – point c
Text proposed by the Commission
Amendment
(32 a) 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 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 adverse business practices, 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.
(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 or bring to an end the use of forced labour with respect to products that are to be made available on the Union market or to be exported;
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(c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement mandatory requirements in accordance with Union and applicable national legislation, recommendations or practices in line with international standards, voluntary guidelines supplementing the former to identify, prevent, bring to an end and remediate the use of forced labour with respect to products and services, whereby bringing to an end forced labour does not mean disengagement as first resort;
1a The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---ipec/documents/publication/wcms_854733.pdf.
Or. en
Amendment 13
Proposal for a regulation
Recital 35
Article 4 – paragraph 3 – point c
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.
(c) due diligence guidelines or recommendations of the UN, ILO, OECD or other relevant international organisations;
(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 value chain.
(c) due diligence guidelines or recommendations of the UN, ILO, OECD or other relevant international organisations, as well as of social partners, in particular those guidelines and recommendations that relate to geographic areas, productions sites and economic activities in certain sectors in specific areas with systematic and widespread forced labour practices;
Or. en
Amendment 14
Proposal for a regulation
Recital 44
Article 10 a (new)
Text proposed by the Commission
Amendment
(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. 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 helping to strengthen the enforcement of the prohibition.
Article 10a
(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, trade unions and other workers’ representatives, civil society representatives, international organisations and third countries’ competent authorities. The European Agency for Fundamental Rights, the European Labour Authority and other Union agencies with relevant expertise in the areas covered by the Regulation should also be invited to join 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 helping to strengthen the enforcement of the prohibition.
Remediation
Or. en
1. Member States shall ensure access to remedy and effective remediation to victims whenever Article 3 is violated.
2. Following a decision of prohibition in accordance with Article 6, competent authorities shall determine, after engaging with victims and other relevant stakeholders, such as victims’ representatives, workers’ representatives and trade unions, non-governmental organisations and civil society, the remediation. Economic operators, with the support of competent authorities concerned, shall also develop measures to prevent future reoccurrence.
3. In order to lift the decision of prohibition taken in accordance with Article 6, evidence of remediation needs to be provided to the competent authority.
Amendment 15
Proposal for a regulation
Article 1 – paragraph 1
Article 10 b (new)
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.
Article 10b
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 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.
Equivalent obligation arising from other relevant Union legislation
Or. en
Where an economic operator, in accordance with equivalent obligations arising from other relevant Union legislation, has already fully satisfied its obligation to identify, prevent, bring to an end and remedy forced labour with regard to products or services under investigation, information on such actions taken shall be provided to the competent authorities. The provision of such information shall be considered as having fulfilled the economic operator’s obligation to provide information on such actions taken with regard to forced labour under this Regulation. Economic operators shall continue to collaborate with competent authorities throughout the investigation and decision procedure under Articles 4 to 6 and shall provide further information, where necessary.
Justification
Coherence with CSDDD is ensured by explicit reference for economic operators to implement effective due diligence measures to eradicate forced labour in the production sites in their value chain.
Amendment 16
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 11 – title
Text proposed by the Commission
Amendment
(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 or bring to an end the use of forced labour with respect to products that are to be made available on the Union market or to be exported;
Database of forced labour risk areas or products
(c) ‘due diligence in relation to forced labour’ means the efforts 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, 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;
Database of forced labour risks areas, products or services
Or. en
Justification
In order to ensure coherence with the current proposal on CSDDD, it seems crucial to adapt the definition of due diligence in relation to forced labour in order to reflect that due diligence entails the respect of human rights.
Amendment 17
Proposal for a regulation
Article 211 – paragraph 1 – point f
Text proposed by the Commission
Amendment
(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;
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.
(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, manufactured or transported including working or processing related to a product at any stage of its value chain;
1. The Commission, after engaging with relevant experts, including from the ILO, OECD, EEAS, social partners and civil society, shall provide an indicative, non-exhaustive, evidence-based and regularly updated database of forced labour risks in specific geographic areas, production sites and economic activities in certain sectors in specific areas with respect to specific products and services including with regard to forced labour imposed by state authorities.
Or. en
The Commission and the competent authorities designated in accordance with Article 12 shall presume that products or services originating from geographic areas, production sites or economic activities in certain sectors in specific areas with systematic and wide spread forced labour practices listed in the database, were manufactured or provided using forced labour. It shall be the responsibility of the economic operator concerned to demonstrate that its product or service was manufactured or provided without using forced labour. For the purpose of applying the presumption, the database shall include a dedicated list with evidence-based information.
In all cases, competent authorities shall ensure that the burden of proof is not disproportionately high.
The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), which should be comprehensive and issued without delay, at the latest 6 months after the entry into force of this Regulation, and on relevant external sources of information from, amongst others, international organisations, and third country authorities, such as the European Free Trade Association countries or candidate countries, as well as social partners and civil society.
The database must be clear and transparent in order to enable economic operators, and in particular SMEs and micro-enterprises, to use the data for their due diligence. Such data shall be freely and easily accessible to the public, in a format also accessible to persons with disabilities. Information from customs’ authorities related to the products or services concerned such as origin, places of storage and transportation points shall be included in the database.
The Commission shall ensure that the database is user-friendly and does not create an unnecessary administrative burden for economic operators.
Amendment 18
Proposal for a regulation
Article 211 – paragraph 1 – pointa g(new)
Text proposed by the Commission
Amendment
(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;
1a. The database shall also include an up to date list of the economic operators, and products or services affected by any decision under Article 6(4).
(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 or transport including working or processing related to a product at any stage of its value chain;
The database shall indicate the deletion of any economic operator, product or service therefrom without undue delay. All previous market bans and lifting decisions of the competent authorities shall be archived.
Or. en
Amendment 19
Proposal for a regulation
Article 224 – paragraph 12 – point g asubparagraph (new)1
Text proposed by the Commission
Amendment
(g a) ‘value chain’ has 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;
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.
Or. en
2. The Network shall be organised and led by the Commission, and composed of representatives from each Member States’ competent authority, representatives from the Commission and, where appropriate, experts from the customs authorities.
Justification
Coherence with the CSDDD requires the inclusion of the concept of value chain with an expressed reference to the CSDDD proposal.
Amendment 20
Proposal for a regulation
Article 224 – paragraph 12 – pointsubparagraph k1 a (new)
Text proposed by the Commission
Amendment
(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;
One independent expert appointed by the European Parliament shall participate as observer to the Network.
(k) ‘product supplier’ means any natural or legal person or association of persons in the value chain who extracts, harvests, produces, manufactures 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;
Or. en
Amendment 21
Proposal for a regulation
Article 224 – paragraph 12 – pointsubparagraph m1 ab (new)
Text proposed by the Commission
Amendment
(m a) ‘stakeholders’ means:
Cross-industry social partner organisations at Union level may designate four representatives as observers to the Network with an equal representation of trade union and employer organisations.
(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 legal or natural persons engaging, promoting, representing, protecting and defending, as part of their statutory purpose or otherwise, issues related to this Regulation;
Or. en
Justification
In order to ensure the coherence with the CSDDD, it is necessary to introduce the concept of stakeholder for this Regulation. In this sense, the Regulation will enjoy more legal clarity, facilitating the identification of those entitled to exercise the rights recognised to them in this legal act.
Amendment 22
Proposal for a regulation
Article 224 – paragraph 12 – pointsubparagraph u1 ac (new)
Text proposed by the Commission
Amendment
(u a) ‘forced labour risks areas’ means those countries or regions where there is evidence of wide-spread forced labour, including state-imposed forced labour, in an entire product group or product site in a specific industry included in the database of Article 11;
Where relevant, the following stakeholders may also be invited to participate as observers:
Or. en
- representatives of the European Labour Authority;
Justification
- representatives of the Fundamental Rights Agency;
In order to ensure the internal coherence of the Regulation, a definition of forced labour risks areas has been included.
- representatives of Union delegations and any other relevant Union bodies;
- representatives of third country authorities;
- representatives of States of the European Free Trade Association, countries participating in the internal market or candidate countries;
- representatives of civil society organizations and other relevant experts.
Amendment 23
Proposal for a regulation
Article 224 – paragraph 13 – point u b (new)
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.
(b) conduct joint investigations;
Or. en
(b) conduct joint investigations inside the Union as well as 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 inspection are to take place has been officially notified and has raised no objection;
Justification
In order to ensure the internal coherence of the Regulation, a definition of forced labour risks products has been included. This definition also refers to the products linked to high risks sectors foreseen in the CSDDD proposal thereby ensuring coherence with this legislation.
Amendment 24
Proposal for a regulation
Article 424 – paragraph 13 – introductorypoint partb a (new)
Text proposed by the Commission
Amendment
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:
(ba) mandate research and monitor situations of wide-spread and systemic forced labour practices;
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:
Or. en
Amendment 25
Proposal for a regulation
Article 424 – paragraph 13 – point ad
Text proposed by the Commission
Amendment
(a) submissions made by natural or legal persons or any association not having legal personality pursuant to Article 10;
(d) contribute to the development of guidance to ensure the effective and uniform application of this Regulation;
(a) complaints made by stakeholders pursuant to Article 10;
(d) develop guidance to ensure the effective and uniform application of this Regulation and monitor its application by detecting and contributing to resolving any misalignments;
Or. en
Amendment 26
Proposal for a regulation
Article 424 – paragraph 13 – point ce a (new)
Text proposed by the Commission
Amendment
(c) the database referred to in Article 11;
(ea) share information, including on the root causes of forced labour, and make recommendations to the Commission and other relevant Union bodies in case of detection of forced labour practices;
(c) the databases referred to in Articles 11 and 11a;
Or. en
Amendment 27
Proposal for a regulation
Article 424 – paragraph 23 – point f
Text proposed by the Commission
Amendment
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 quantity of products concerned, as well as the scale of suspected forced labour.
(f) to promote the cooperation and exchange of expertise and best practices between competent authorities and customs authorities;
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, the quantity of products concerned, as well as the scale of suspected forced labour.
(f) promote the cooperation and exchange of expertise and best practices between competent authorities and customs authorities;
Or. en
Amendment 28
Proposal for a regulation
Article 424 – paragraph 3 – introductorypoint partf a (new)
Text proposed by the Commission
Amendment
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 or bring to an end risks of forced labour in their operations and value chains with respect to the products under assessment, including on the basis of any of the following:
(fa) promote the cooperation and exchange of expertise and best practices with relevant competent authorities of third countries, international organisations and other actors;
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, including on the basis of any of the following:
Or. en
Amendment 29
Proposal for a regulation
Article 424 – paragraph 3 – point df b (new)
Text proposed by the Commission
Amendment
(d) any other due diligence in relation to forced labour.
(fb) monitor remediation of forced labour;
(d) any other due diligence requirements in relation to forced labour.
Or. en
Amendment 30
Proposal for a regulation
Article 424 – paragraph 63 – point f c (new)
Text proposed by the Commission
Amendment
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 supply chain, adopts and carries out measures suitable and effective for bringing to an end forced labour in a short period of time.
(fc) monitor the redirection of products, which were refused for release for free circulation or export, to be used in the interest of the public;
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 chain, adopts and carries out measures suitable and effective for 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.
Or. en
Amendment 31
Proposal for a regulation
Article 424 – paragraph 63 a– point f d (new) (new)
Text proposed by the Commission
Amendment
6 a. The competent authority shall declare that there is a substantiated concern of violation of Article 3 for the products presumed of being made with forced labour in accordance with Article 11.
(fd) set up a contact point to offer the possibility of reporting information regarding alleged or suspected violations of Article 3 and establishing follow-up procedures for the purpose of facilitating coordination throughout the referral.
Or. en
Justification
With regards to the products presumed made with forced labour, the procedure should be simplified meaning the competent authority shall immediately declare that there is a substantiated concern in order to initiate the investigation phase.
Amendment 32
Proposal for a regulation
Article 424 – paragraph 74
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.
4. The Commission shall support and encourage cooperation between enforcement authorities through the Network and participate in the meetings of the Network.
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 and provides remediation.
4. The Commission shall support and encourage cooperation between enforcement authorities through the Network.
Or. en
Amendment 33
Proposal for a regulation
Article 524 – paragraph 4 – subparagraph 1 a (new)
Text proposed by the Commission
Amendment
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.
1. Competent authorities that, pursuant to Article 4(5), determine that there is a substantiated concern of a violation of Article 3, and in cases provided for in Article 4(5a), shall decide to initiate an investigation on the products and economic operators concerned.
Or. en
Amendment 34
Proposal for a regulation
Article 5 – paragraph 3 – introductory part
Text proposed by the Commission
Amendment
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 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:
Or. en
Amendment 35
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, the scale of suspected forced labour, as well as the context in which those economic operators, their subsidiaries and their business partners operate, in particular in developing countries.
Or. en
Amendment 36
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Text proposed by the Commission
Amendment
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.
Or. en
Justification
The procedure designed in this Regulation has introduced a presumption of forced labour for certain products appearing in the future database that the Commission will create. Consequently, the procedure must allow the possibility for the operator to rebut this presumption.
Amendment 37
Proposal for a regulation
Article 5 – paragraph 5 a (new)
Text proposed by the Commission
Amendment
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.
Or. en
Justification
In order to guarantee the effectiveness of the Regulation, it shall envisage the adoption of precautionary measures. In particular, for the products already on the Union market and subject of investigation such as the suspension of their circulation on the market during the investigation phase. This would prevent that products already on the market can be readily rerouted to other markets.
Amendment 38
Proposal for a regulation
Article 5 – paragraph 5 b (new)
Text proposed by the Commission
Amendment
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. 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.
Or. en
Justification
The quality of legislation affecting developing countries is determined, among other parameters, by its legitimacy and effectiveness, which in turn depend on how responsive that legislation is to the needs of the countries concerned and whether its implementation achieves the desired results without causing harm (EP resolution on better regulation, p. 22). In order to avoid any negative consequences of the decisions, it is crucial for the competent authorities to listen to those potentially affected.
Amendment 39
Proposal for a regulation
Article 5 – paragraph 6
Text proposed by the Commission
Amendment
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.
Or. en
Amendment 40
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Text proposed by the Commission
Amendment
4 a. Taking into account the outcome of the consultation process with stakeholders 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.
Or. en
Amendment 41
Proposal for a regulation
Article 6 – paragraph 6
Text proposed by the Commission
Amendment
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 a, and that they have eliminated forced labour from their operations or value chain with respect to the products concerned, the competent authorities shall withdraw their decision for the future and inform the economic operators.
Or. en
Amendment 42
Proposal for a regulation
Article 7 – paragraph 1 – point a
Text proposed by the Commission
Amendment
(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;
Or. en
Amendment 43
Proposal for a regulation
Article 7 – paragraph 1 – point b
Text proposed by the Commission
Amendment
(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 competent authority shall take into account the economic operator’s size and economic resources;
(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 competent authority shall take into account the economic operator’s size and economic resources. Appropriate time limit shall be set up for the operator to effectively implement the due diligence measures foreseen in Article 6(4a), including the provision of remediation to affected workers;
Or. en
Amendment 44
Proposal for a regulation
Article 9 – paragraph 2
Text proposed by the Commission
Amendment
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 1 on a dedicated website.
Or. en
Amendment 45
Proposal for a regulation
Article 10 – title
Text proposed by the Commission
Amendment
Submission of information regarding violations of Article 3
Complaint procedure regarding violations of Article 3
Or. en
Justification
The European Parliament in its resolution of 9 June 2022 on a new trade instrument to ban products made by forced labour (paragraph 7) called for a formalised and secure complaints procedure such as through the Single Entry Point. This complaint system will facilitate the clear identification of the system by any stakeholders concerning the possibility to file complaints.
Amendment 46
Proposal for a regulation
Article 10 – paragraph -1 (new)
Text proposed by the Commission
Amendment
-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.
Or. en
Amendment 47
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 shall contain information on the economic operators or products concerned and provide the reasons substantiating the allegation.
Or. en
Amendment 48
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Text proposed by the Commission
Amendment
1 a. The Commission shall determine the rules and procedures to assign complaints to the competent authorities.
Or. en
Amendment 49
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 stakeholder referred to in paragraph 1 of the outcome of the assessment of their complaint, as well as all the decisions referred to in Article 9.
Or. en
Amendment 50
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 reporting such breaches.
__________________
__________________
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.
Or. en
Amendment 51
Proposal for a regulation
Article 11 – title
Text proposed by the Commission
Amendment
Database of forced labour risk areas or products
Forced labour risk areas or products
Or. en
Amendment 52
Proposal for a regulation
Article 11 – paragraph 2
Text proposed by the Commission
Amendment
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.
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 easily accessible to all.
Or. en
Amendment 53
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Text proposed by the Commission
Amendment
2 a. The Commission, after consultation with competent authorities and other stakeholders, shall be empowered to declare a presumption of forced labour for products or groups of products, as well as production sites or groups of production sites included in the database referred to in paragraph 1. This decision shall be encoded in the same database.
Or. en
Justification
An effective enforcement mechanism requires a balanced burden of proof. In the proposal, the authorities bear a heavy burden to investigate and prove that there has been a violation of Article 3. This represents an obstacle for the functioning of the system. Global supply chains are complex and it will be extremely difficult for authorities to reach such a high standard of proof. Working with a reversal of the burden of proof could be a good tool to overcome this problem.
Amendment 54
Proposal for a regulation
Article 11 a (new)
Text proposed by the Commission
Amendment
Article 11 a
Disclosure of value chains
1. The economic operators shall 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.
2. The Commission shall set up a public database containing the relevant information foreseen in paragraph 1 with due regard for commercial confidentiality, in order to facilitate the accessibility and transparency of the information for competent authorities and stakeholders to implement this Regulation.
3. Economic operators shall feed their relevant information into the system and ensure that such information is up to date.
Or. en
Justification
In order to make the Regulation achieve its effective objectives and contribute to make structural impacts and enable efficient implementation, companies should be required to map and publicly disclose their suppliers, sub-suppliers and business partners in their whole value chains. Making this essential information systematic and public would also assist companies to assess the risks of forced labour in their value chains and undertake effective due diligence measures.
Amendment 55
Proposal for a regulation
Article 12 – paragraph 5
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.
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.
Or. en
Amendment 56
Proposal for a regulation
Article 14 – 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.
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.
Or. en
Amendment 57
Proposal for a regulation
Article 16 – paragraph 2
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.
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.
Or. en
Amendment 58
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Text proposed by the Commission
Amendment
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:
Or. en
Amendment 59
Proposal for a regulation
Article 23 – paragraph 1 – point a
Text proposed by the Commission
Amendment
(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, 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. More specifically, the guidelines shall refer to remediation measures which should include, for example, financial and non-financial compensation, restitution, rehabilitation, effective preventive measures 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;
Or. en
Amendment 60
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, civil society, business organisations, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;
Or. en
Amendment 61
Proposal for a regulation
Article 23 – paragraph 1 – point e a (new)
Text proposed by the Commission
Amendment
(e a) guidelines to assist economic operators in the setting up of a value chain mapping process;
Or. en
Amendment 62
Proposal for a regulation
Article 23 – paragraph 1 – point e b (new)
Text proposed by the Commission
Amendment
(e b) guidance for the stakeholders to file a complaint, as well as participate and meaningfully engage in the procedures set out in the Regulation;
Or. en
Amendment 63
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 and, where appropriate, experts from the customs authorities, trade unions and other workers’ representatives, civil society representatives, international organisations and third countries’ competent authorities.
Or. en
Amendment 64
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Text proposed by the Commission
Amendment
2 a. The Commission shall invite the European Agency for Fundamental Rights, the European Labour Authority and other Union agencies with relevant expertise in the areas covered by this Regulation to join the Network.
Or. en
Amendment 65
Proposal for a regulation
Article 24 – paragraph 3 – point a
Text proposed by the Commission
Amendment
(a) facilitate the identification of common priorities for enforcement activities, to exchange information, expertise and best practices;
(a) facilitate the identification of common priorities for enforcement activities, including in third countries, to exchange information, expertise and best practices;
Or. en
Amendment 66
Proposal for a regulation
Article 24 – paragraph 3 – point b
Text proposed by the Commission
Amendment
(b) conduct joint investigations;
(b) conduct joint investigations, including in third countries;
Or. en
Amendment 67
Proposal for a regulation
Article 24 – paragraph 3 – point c
Text proposed by the Commission
Amendment
(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;
Or. en
Amendment 68
Proposal for a regulation
Article 24 – paragraph 3 – point f
Text proposed by the Commission
Amendment
(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, as well as civil society organisations and international organisations;
Or. en
Amendment 69
Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)
Text proposed by the Commission
Amendment
(f a) manage the centralised complaint system;
Or. en
Amendment 70
Proposal for a regulation
Article 26 – paragraph 1
Text proposed by the Commission
Amendment
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, the Commission may as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, trade unions and other workers’ representatives, civil society representatives, business organisations and any other stakeholder. 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 and through the Network foreseen in Article 24.
Or. en
Amendment 71
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 Union may develop accompanying measures, including to support the efforts of the economic operator and its business partners in the value chain, in particular the small and medium-sized enterprises (SMEs).
Or. en
Amendment 72
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Text proposed by the Commission
Amendment
2 a. 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.
Or. en
Justification
In order to ensure the effectiveness of the Regulation in developing countries, it is important to provide supporting measures, including through the NDICI-Global Europe instrument.
Amendment 73
Proposal for a regulation
Article 26 – paragraph 2 b (new)
Text proposed by the Commission
Amendment
2 b. 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.
The Commission shall ensure the secretariat of the Network and provide the appropriate resource to ensure the efficient functioning of the Network in line with its objectives.
Or. en
PROCEDURE – COMMITTEE ASKED FOR OPINION
ANNEX: List of entities or persons
Title
from whom the rapporteur for the OPINION has received input
Prohibiting products made with forced labour on the Union market
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:
References
Entity and/or person
COM(2022)0453 – C9-0307/2022 – 2022/0269(COD)
Anti-Slavery International
Committees responsible
Clean Clothes Campaign European Coalition (CCC – European Coalition)
Date announced in plenary
European Center for Constitutional and Human Rights (ECCHR)
INTA
Fair Trade Advocacy Office (FTAO)
6.10.2022
French National Consultative Commission on Human Rights
IMCO
Fundación Libera
6.10.2022
German Institute for Human Rights
Opinion by
International Dalit Solidarity Network (IDSN)
Date announced in plenary
EMPL
6.10.2022
Associated committees - date announced in plenary
16.3.2023
Rapporteur for the opinion
Date appointed
Mounir Satouri
30.11.2022
Rule 58 – Joint committee procedure
Date announced in plenary
16.3.2023
Discussed in committee
26.4.2023
Date adopted
18.7.2023
Result of final vote
+:
–:
0:
35
0
6
Members present for the final vote
Atidzhe Alieva-Veli, Marc Angel, Dominique Bilde, Gabriele Bischoff, Vilija Blinkevičiūtė, Milan Brglez, Sylvie Brunet, Jordi Cañas, David Casa, Ilan De Basso, Jarosław Duda, Cindy Franssen, Chiara Gemma, Elisabetta Gualmini, Agnes Jongerius, Irena Joveva, Katrin Langensiepen, Elena Lizzi, Sara Matthieu, Jörg Meuthen, Max Orville, Kira Marie Peter-Hansen, Dragoş Pîslaru, Elżbieta Rafalska, Daniela Rondinelli, Pirkko Ruohonen-Lerner, Mounir Satouri, Romana Tomc, Nikolaj Villumsen, Maria Walsh, Stefania Zambelli, Tomáš Zdechovský
Substitutes present for the final vote
Alex Agius Saliba, Carmen Avram, Gheorghe Falcă, Aurore Lalucq, Carina Ohlsson, Evelyn Regner, Ralf Seekatz
Substitutes under Rule 209(7) present for the final vote
Andrey Novakov, Helmut Scholz
FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION
Key to symbols: