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OPINION (COM(2022)453 – C90307/2022 – 2022/0269(COD))

On the proposal for a regulation of the European Parliament and of the Council on prohibiting products made with forced labour on the Union market

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Committee on Development · Rapporteur: Ilan De Basso

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The Committee on Development gives its opinion on the proposed regulation prohibiting products made with forced labour on the Union market. It welcomes the proposal but proposes amendments to put developing countries, victims and workers at the centre. The amendments add remediation for affected workers as a condition for lifting a ban, require companies to map and disclose their value chains, and create a centralised complaint mechanism where complaints may be lodged anonymously. They reinforce due diligence duties, add definitions such as forced labour risk areas and risk products, and require competent authorities to apply a gender lens and protect children. The opinion also asks for guidelines for stakeholders and companies, a network including trade unions and civil society, and cooperation with developing countries to tackle the root causes of forced labour.

Committee position. The Committee on Development welcomes the proposal and calls on the committees responsible to take into account its amendments, which put developing countries, victims and workers at the centre, reinforce due diligence, add remediation as a condition for lifting a ban, and create a centralised complaint mechanism.

Key points

  1. The rapporteur welcomes the proposal but says improvements are needed so the perspective of developing countries is taken into account.
  2. Amendments stress effective due diligence by economic operators, reinforce the subject matter and the power of competent authorities, and define forced labour risk areas and risk products.
  3. Proof of effective remediation for victims of forced labour is added as a condition for withdrawing the ban.
  4. Civil society organisations, trade unions and workers' representatives are to be included, and decisions must be assessed for their impact on affected workers and partner countries.
  5. Companies must map their value chain and publicly disclose relevant information, and the Commission must set up a public database of that information.
  6. The Commission shall establish a centralised mechanism to receive complaints from any stakeholder, which may be lodged anonymously and must be secure and accessible.
  7. The Commission should provide guidelines to support stakeholders to participate and companies to fulfil their obligations, and to cover remediation with a gender-responsive and child-friendly approach.
  8. Competent authorities must apply a gender lens throughout all steps, collect gender-disaggregated data and give particular attention to children.
  9. Due diligence procedures must never act as a safe haven against investigations, as proof no forced labour was used, or as the sole condition for lifting restrictions.
  10. A decision may be withdrawn where the operator provides evidence of compliance and proof of effective remediation for victims.
  11. The Network is to include the European Agency for Fundamental Rights, the European Labour Authority, trade unions, civil society and third countries' authorities, and to conduct joint investigations including in third countries.
  12. The Commission shall cooperate with third countries, especially developing countries, and provide financial support for capacity building to address the root causes of forced labour.

Who is affected

  • Economic operators: must map and disclose their value chains, implement due diligence and provide remediation.
  • Workers and victims of forced labour: remediation is a condition for lifting a ban.
  • Women and children: competent authorities must apply a gender lens and give particular attention to their needs.
  • Developing countries: their perspective must be taken into account and they may receive capacity-building support.
  • Civil society organisations, trade unions and workers' representatives: to be included and invited to collaborate with the Network.

Figures and deadlines

  • about 27.6 million people were in forced labour in 2021
  • 3.9 million people in forced labour imposed by state authorities
  • eradicating forced labour by 2030
  • about 11.8 million women and girls were in forced labour in 2021, almost 43% of the total
  • 4.9 million of them were in sexual exploitation
  • more than 3.3 million of children are in forced labour, almost 12% of all those in forced labour
  • database made publicly available at the latest 24 months after entry into force
  • guidelines no later than 6 months after entry into force

Legal basis: Article 21 of the Treaty on European Union; Article 3(5) of the Treaty on European Union; Article 208 of the Treaty on the Functioning of the European Union