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DRAFT 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

DEVE-PA-742681

Committee on Development · Rapporteur: Ilan De Basso

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The Committee on Development's draft opinion welcomes the Commission proposal to ban products made with forced labour on the Union market, but asks the responsible committees to adopt amendments. The amendments add due diligence duties, value chain mapping and public disclosure, remediation for affected workers, and definitions of forced labour risk areas and products. They create a centralised complaint mechanism allowing anonymous complaints, and give the Commission power to declare a presumption of forced labour for products in the database. They require impact assessments on affected workers and partner countries, gender-responsive implementation, and support and guidelines for stakeholders and companies.

Committee position. The rapporteur welcomes the proposal but proposes amendments to take account of developing countries, ensure coherence with due diligence legislation, add remediation for workers, include stakeholders, increase value chain transparency, and create a centralised complaint mechanism.

Key points

  1. The rapporteur welcomes the proposal but says improvements are needed to take account of developing countries' perspective.
  2. Amendments reinforce due diligence duties and add definitions of forced labour risk areas and forced labour risk products.
  3. Proof of effective remediation for workers is added as a condition for withdrawing a 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. Economic operators must map their value chains and publicly disclose information on subsidiaries, suppliers, contractors and business partners.
  6. The Commission must set up a centralised mechanism to receive complaints from any stakeholder, which may be lodged anonymously.
  7. The Commission may declare a presumption of forced labour for products or production sites in the database, and competent authorities must then declare a substantiated concern.
  8. Competent authorities must take precautionary measures, including temporary suspension of products from the Union market during investigation.
  9. Competent authorities may carry out checks and inspections in third countries without prior warning to the economic operator, except where prior notification is necessary.
  10. The Commission must issue guidelines within 6 months, covering due diligence, remediation, risk indicators, value chain mapping and filing complaints.
  11. The Network of competent authorities is to include trade unions, civil society, international organisations and third countries' authorities, and manage the centralised complaint system.
  12. The Union and member states must support third countries, especially developing countries, to ratify and implement ILO conventions on forced labour.

Who is affected

  • Economic operators placing products on the Union market or exporting from it must carry out due diligence and map their value chains.
  • Workers affected by forced labour, including women and girls, are to benefit from remediation and gender-responsive implementation.
  • Stakeholders, including civil society organisations and trade unions, may file complaints and must be informed of outcomes.
  • Developing countries and partner countries are to be consulted on decisions and supported in eradicating forced labour.
  • Micro, small and medium-sized enterprises are to receive guidelines and support to comply with the prohibition.

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
  • database made publicly available at the latest 24 months after entry into force
  • time limit for compliance not less than 30 working days
  • guidelines no later than 6 months after entry into force