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DRAFT 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-PA-745486

Committee on Employment and Social Affairs · Rapporteur: Mounir Satouri

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The Committee on Employment and Social Affairs gives its draft opinion on the Commission proposal to ban products made with forced labour from the Union market. It calls on the Internal Market Committee to take its amendments into account. The rapporteur welcomes the proposal but seeks to strengthen it, aligning the definition of forced labour with ILO instruments and covering services, transportation and storage. The draft adds a new article on access to remedy for victims, a presumption of forced labour in high-risk areas, and a stronger Union Network as a central complaints entry point. It also amends the database on forced labour risks to include civil society and trade union information, customs data and a list of high-risk regions, and adds new definitions of root causes and meaningful engagement.

Committee position. The rapporteur welcomes the Commission proposal but seeks to strengthen it by aligning the definition of forced labour with ILO instruments, adding access to remedy for victims, a presumption of forced labour in high-risk areas, and a stronger Union Network.

Key points

  1. The draft aligns the definition of forced labour with ILO Convention No. 29, covering work and services in the complete value chain, including transportation and storage.
  2. It adds that in countries or regions listed in the database with systematic and widespread forced labour, competent authorities shall presume forced labour and the economic operator must prove the product is free of it.
  3. It defines forced labour imposed by state authorities by reference to ILO Convention No. 105, listing political coercion, economic development, labour discipline, strike punishment and discrimination.
  4. It adds new definitions of 'root causes of forced labour' and 'meaningful engagement with workers and stakeholders'.
  5. It introduces a new Article 10a requiring member states to ensure access to remedy and effective remediation for victims, with evidence of compensation, restitution, rehabilitation and prevention.
  6. It amends the database to include civil society, trade union and NGO information, customs data on origin, storage and transport, and a list of high-risk regions or countries.
  7. It adds that the database shall list economic operators and products affected by prohibition decisions and notify deletions in real time.
  8. It makes the Union Network led by the Commission, with mandatory coordination, and composed of member state authorities, the European Labour Authority, the Agency for Fundamental Rights, social partners and civil society.
  9. It makes the Network a centralised mechanism to receive complaints, including anonymously, with acknowledgement of receipt within 10 working days and protection of reporters' identity.
  10. It tasks the Network with joint investigations, research and monitoring, detecting enforcement misalignments among member states, and providing information to the Commission and the European External Action Service.
  11. It requires the Commission to lead cooperation between enforcement authorities and provide the Network with the necessary financial and human resources.

Who is affected

  • Economic operators: must prove value chains are free of forced labour in high-risk areas and provide evidence of remediation.
  • Workers and victims of forced labour: gain access to remedy, compensation, restitution and rehabilitation.
  • Member states: must ensure access to remedy and effective remediation for victims.
  • Competent authorities: coordinate through the Union Network and may lift market prohibitions once remediation is proven.

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, including at least 11.8 million women and girls.
  • About 27.6 million people were in forced labour in 2021.
  • Women and girls make up 11.8 million of the total in forced labour.
  • More than 3.3 million of all those in forced labour are children.
  • 86% of forced labour cases are imposed by private actors; state-imposed forced labour accounts for 14%.
  • 15% of all adults in forced labour exploitation are migrants.
  • Acknowledgement of receipt of complaints within 10 working days.