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OPINION (COM(2022)0453 – 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

EMPL-AD-745486

Committee on Employment and Social Affairs · Rapporteur: Mounir Satouri

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The Committee on Employment and Social Affairs gives its opinion on the proposed regulation prohibiting products made with forced labour on the Union market. It proposes amendments to align the definition of forced labour with International Labour Organization (ILO) instruments, cover services, transportation and storage, and add rules on access to remedy and remediation. It also seeks to strengthen the database of forced labour risks, including a presumption of forced labour for listed high-risk areas, and to reinforce the role of the Union Network of competent authorities. The committee calls on the lead committees to take these amendments into account.

Committee position. The committee welcomes the Commission proposal and proposes amendments to strengthen it: align definitions with ILO instruments, cover services and transport, add access to remedy and remediation, strengthen the database with a presumption for high-risk areas, and reinforce the Union Network.

Key points

  1. The committee proposes aligning the definition of forced labour with ILO Convention No. 29, including forced child labour, and stating that forced labour can occur along the value chain.
  2. It proposes defining forced labour imposed by state authorities by listing the five practices from ILO Convention No. 105.
  3. It proposes that due diligence means mandatory requirements in line with Union and national legislation, and that bringing forced labour to an end does not mean disengagement as a first resort.
  4. It proposes a new article requiring member states to ensure access to remedy and effective remediation for victims, with remediation determined after engaging victims and stakeholders, and evidence of remediation needed to lift a prohibition decision.
  5. It proposes that economic operators that have already met equivalent obligations under other Union legislation provide that information to competent authorities.
  6. It proposes that the Commission, after engaging relevant experts, provide an evidence-based database of forced labour risks in geographic areas, production sites and economic activities, and that products or services from listed high-risk areas be presumed to be made with forced labour.
  7. It proposes that the database also list economic operators, products or services affected by prohibition decisions, with deletions indicated without undue delay and previous bans archived.
  8. It proposes that the Union Network be organised and led by the Commission, with an independent expert appointed by Parliament and four social partner representatives as observers, and other stakeholders invited where relevant.
  9. It proposes that the Network conduct joint investigations inside the Union and in third countries with consent and notification, mandate research, monitor forced labour situations, develop and monitor guidance, share information and make recommendations.
  10. It proposes that the Network promote cooperation with third-country authorities and international organisations, monitor remediation and redirection of refused products, and set up a contact point for reporting alleged violations.
  11. It proposes that the Commission ensure the Network's secretariat and provide appropriate resources.

Who is affected

  • Economic operators: must meet due diligence requirements and may face prohibition decisions and remediation obligations.
  • Workers and victims of forced labour: would gain access to remedy and effective remediation.
  • Member states: must ensure access to remedy and enforce the regulation.
  • Competent authorities: would use the database and Network, including a presumption of forced labour for listed high-risk areas.
  • Social partners and civil society: would have observer roles in the Network and be consulted on the database.

Figures and deadlines

  • 49.6 million people were living in modern slavery in 2021 worldwide.
  • 27.6 million people were in situations of forced labour.
  • At least 11.8 million women and girls were 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 million.
  • 15% of all adults in forced labour are migrants.
  • The ILO estimates 880 000 forced labour victims inside the Union.