On the proposal for a regulation of the European Parliament and of the Council on prohibiting products made with forced labour on the Union market
AFET-AD-745348
Committee on Foreign Affairs · Rapporteur: Salima Yenbou
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The Committee on Foreign Affairs gives its opinion on the proposed regulation banning products made with forced labour from the Union market. It proposes amendments to the Commission proposal.¶¶¶ The amendments add definitions of remediation, stakeholders, meaningful engagement and root causes of forced labour, and require consultation and protection of stakeholders in investigations.¶¶¶ They shift the burden of proof onto economic operators for products from high-risk regions, require remediation for victims, and link the rules to EU sanctions regimes.¶¶¶ They also require a centralised complaint mechanism, a presumption of violation for products listed in the forced labour database, and Commission guidelines within 12 months.¶¶¶
Committee position. The Committee on Foreign Affairs proposes amendments to the Commission proposal, including reversing the burden of proof, adding remediation requirements, linking to sanctions regimes, and requiring stakeholder engagement and a centralised complaint mechanism.¶¶¶
Key points
- The opinion welcomes the Commission proposal to ban products made with forced labour from the Union market and proposes amendments to address shortcomings.¶¶
- It requires meaningful consultation and engagement of workers, workers associations and human rights defenders at all stages of investigation and international cooperation, and protection for those providing information.¶¶¶
- It reverses the burden of proof so that economic operators must show forced labour was not used for products from high-risk regions or countries where forced labour is systemic and widespread.¶¶
- It introduces specific requirements for corrective actions, including remediation for victims, and says remediation should be considered when lifting bans.¶¶¶
- It links corrective actions to the EU Global Human Rights sanctions regime (EU Magnitsky Act) and country-based sanctions for those not respecting the prohibition.¶¶
- It requires stakeholder engagement, including human rights expertise, for the database of forced labour risk areas and Commission guidelines, and accessibility of the database to human rights defenders, civil society and local communities.¶¶¶
- It introduces a presumption of violation of Article 3 for products listed in the database, making them automatically subject to investigation.¶
- It adds definitions of 'root causes of forced labour', 'stakeholders', 'meaningful engagement of stakeholders', 'remediation' and 'forced labour risk areas'.¶¶¶
- It requires the Commission to establish a centralised complaint mechanism and a dedicated online platform for submissions in all Union working languages.¶¶
- It requires the Commission to issue guidelines within 12 months, including on due diligence, risk indicators, remediation, stakeholder engagement and filing complaints.¶¶¶
- It requires the Network of competent authorities to consult trade unions, civil society, international organisations and third countries, and to promote cooperation with third countries.¶¶
- It requires the Commission and Member States to cooperate with third countries to address root causes of forced labour and support capacity building, with Union Delegations involved.¶¶¶
Who is affected
- Economic operators, who must prove no forced labour was used and provide remediation to victims.¶¶
- Workers and victims of forced labour, who gain rights to remediation and consultation.¶
- Stakeholders including human rights defenders and civil society, who gain protection and access to the database.¶¶¶
- Micro, small and medium-sized enterprises, which receive guidelines and accompanying measures.¶¶
- Third countries, especially developing countries, which receive support for implementing ILO conventions.¶
Figures and deadlines
- about 27.6 million people were in forced labour in 2021¶
- More than 3.3 million children worldwide are estimated to be in situation of forced labour¶
- children account for about 12 % of all those in forced labour
- about 11.8 million women and girls worldwide were in forced labour in 2021, which represents almost 43 % of the total¶
- nine Member States, which have not yet ratified the 2014 Protocol to Convention No. 29¶
- database publicly available at the latest 18 months after the entry into force¶
- guidelines no later than 12 months after the entry into force¶
- time limit for economic operators to comply shall not be less than 30 working days¶