Sittings · Document

DRAFT OPINION (COM(2022)0453 – C90307/2022 – 2022/0269(COD)) 2023-04-13

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

Committee on Employment and Social Affairs · Rapporteur: Mounir Satouri

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SHORT JUSTIFICATION

Tackling and eradicating the use of forced labour is an integral part of the European Union’s commitment to human and labour rights. This was also emphasised during the State of the Union 2021 as a wider EU objective for a global just transition.

The prohibition of the use of forced or compulsory labour in all its forms is considered as a peremptory norm of international human rights law. There are numerous international and European legal instruments, notably ILO Conventions No.29 (including its Protocol) and No. 105 and the EU Charter of Fundamental Rights, which prohibit forced labour unambiguously. Furthermore, through the EU Action Plan on human rights and democracy 2020-2014 adopted by the Council in 2020, the EU committed to promote a zero-tolerance policy on child labour and to eradicate forced labour, to support labour rights in EU trade relations, and to promote due diligence in global supply chains as well as the ratification of the ILO Forced Labour Protocol.

Despite this normative framework, modern slavery and forced labour have been on the rise in recent years. The ILO estimates that 49.6 million people were living in modern slavery in 2021 worldwide, of which 27.6 million people were in situations of forced labour, including at least 11.8 million women and girls.

In June 2022, the European Parliament therefore called for an instrument banning the import and export of products made or transported by forced labour. In September 2022, the European Commission published the proposal on prohibiting products made with forced labour on the Union Market. The Regulation lays down rules prohibiting economic operators from placing and making available on the Union market or exporting from the Union market products made with forced labour.

The Rapporteur welcomes the proposal put forward by the European Commission, and with this draft report seeks to strengthen the proposal in order to ensure that the Regulation contributes to the effective eradication of forced labour globally and within the EU.

To ensure coherence with international standards, the Rapporteur has sought to align the definition of forced labour in the Regulation with the relevant ILO instruments, guidance and decisions. The ILO does not only prohibit forced labour in production but also in the provision of services, which can equally be provided across borders. It is also important to be very explicit in highlighting that transportation and storage are sectors that should fall under the ambit of the Regulation since there are serious vulnerabilities to forced labour in such sectors.

The Rapporteur also aims to close a significant loophole in the proposal of the European Commission by proposing an article on access to remedy. The enforcement of any Regulation cannot be effective without ensuring that workers who have been victimised have access to an effective remedy. Indeed, the interests of victims need to be at the heart of this Regulation. Particularly when it comes to specific high-risk areas with systematic and widespread cases of forced labour, the presumption of the existence of forced labour needs to apply to help competent authorities deal with cases efficiently. The Rapporteur also seeks to strengthen the role of the Union Network to help competent authorities in Member States coordinate and collaborate, and to take on a centralising role as an entry point for complaints.

Transparency and information are important tools for the enforcement of the Regulation, and the database on forced labour risks indicators is therefore critical. The Rapporteur believes it is important that the Commission can draw on information from civil society and trade unions, that information is also accessible to the public and that the database provides a list of specific geographical high-risk regions or countries where forced labour practices are systematic and widespread.

AMENDMENTS

The Committee on Employment and Social Affairs calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to take the following into account:

Amendment 1

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1) As recognised in the Preamble to the 2014 Protocol to Convention No. 29 on forced labour (‘ILO Convention No. 29’) of the International Labour Organization (‘ILO’), forced labour constitutes a serious violation of human dignity and fundamental human rights. The ILO declared the elimination of all forms of forced or compulsory labour as a principle concerning the fundamental rights. The ILO classifies ILO Convention No. 29, the 2014 Protocol to Convention No. 29 accompanied by the Forced Labour (Supplementary Measures) Recommendation (N.203) and the ILO Convention No.105 on the abolition of forced labour (‘ILO Convention No.105’) as fundamental ILO Conventions16 . Forced labour covers a wide variety of coercive labour practices where work or service, such as transportation, storage or cleaning, is exacted from any person under the threat of a penalty and for which the person has not offered himself or herself voluntarily.17 The penalty need not be in the form of penal sanctions, but might take the form also of a loss of rights or benefits such as entitlement to unemployment benefits. The loss of benefit or assistance when an unemployed person rejects a job offer may constitute a restriction on freedom to work where the person concerned is compelled, on pain of losing benefit, to accept any job. Indirect coercion may also result from certain employers' practices, such as deceit, false promises and retention of identity documents. Convicted persons hired or placed at the disposal of private companies are also considered to be subjected to forced labour. In cases in which work or service is imposed by exploiting the worker's vulnerability, under the menace of a penalty, dismissal or payment of wages below the minimum level, such exploitation ceases to be merely a matter of poor conditions of employment and becomes one of imposing work under the menace of a penalty. The European Court of Human Rights has repeatedly found that, under Article 4 of the European Convention on Human Rights, initial consent and voluntariness become null and void if there is an abuse of position of vulnerability17a.

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16 https://www.ilo.org/global/standards/introduction-to-international-labour-standards/conventions-and-recommendations/lang--en/index.htm.

17 The ILO definition of forced labour according to the ILO Forced Labour Convention, 1920 (No. 29), What is forced labour, modern slavery and human trafficking (Forced labour, modern slavery and human trafficking) (ilo.org).

17a ECHR, Chowdury and Others v Greece (21884/15) and Zoletic and Others v. Azerbaijan (20116/12) cases.

Or. en

Amendment 2

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2) The use of forced labour is widespread in the world. It is estimated that about 27.6 million people were in forced labour in 2021.18 Vulnerable and marginalised groups in a society are particularly susceptible to be pressured into performing forced labour. Even when it is not state imposed, forced labour is often a consequence of a lack of good governance of certain economic operators. Forced labour is very often linked to poverty and discrimination, particularly if exacted in the private sector. The manipulation of credit and debt, either by employers or by recruiting agents, is still a key factor that traps vulnerable workers in forced labour situations. 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. Most forced labour occurs in the private economy. 86 % of forced labour cases are imposed by private actors - 63 % in the private economy in sectors other than commercial sexual exploitation and 23 % in forced commercial sexual exploitation. State-imposed forced labour accounts for the remaining 14 % of forced labour. Migrant workers who are not protected by law or are unable to exercise their rights face a higher risk of forced labour than other workers. According to the ILO, 15 % of all adults in forced labour exploitation are migrants. The Union´s Agency for Fundamental Rights has found that migrant workers are also being severely exploited for their labour within the Union. Unscrupulous employers use the weak position of migrant workers to force them to work for endless hours with no or little pay, often in dangerous settings, and without the minimum safety equipment required by law.

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18 The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---ipec/documents/publication/wcms_854733.pdf.

Or. en

Amendment 3

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) The eradication of forced labour is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19

(3) The prohibition of the use of forced or compulsory labour in all its forms is considered as a peremptory norm of international law on human rights. It is of an absolutely binding nature from which no exception is permitted. The eradication of forced labour is therefore a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19 The Charter of Fundamental Rights recognises the right to every worker to fair and just working conditions in Article 31 thereof and the right of an effective remedy in Article 47 thereof. The European Social Charter (1961) and the Revised European Social Charter (1996) adopted by the Council of Europe on 18 October 1961 and 3 May 1996 respectively, require contracting parties "to protect effectively the right of the worker to earn his living in an occupation freely entered upon".

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19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.

Or. en

Amendment 4

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) All Member States have ratified the fundamental ILO Conventions on forced labour and child labour.20 They are therefore legally obliged to prevent and eliminate the use of forced labour and to report regularly to the ILO.

(4) All Member States have ratified the fundamental ILO Conventions on forced labour and child labour.20 However, there are nine Member States, which have not yet ratified the Protocol to ILO Convention No. 29 and should do so without any delay. Moreover, there continue to be shortcomings in the implementation of the fundamental ILO Conventions. It is necessary that Member States fully implement them and correctly transpose all the Union legislation aimed at combating forced labour, labour rights violations and human trafficking in order to enforce the import and export ban of any product or service using forced labour. This Regulation aims to legally bind Member States to prevent and eliminate the use of forced labour, to provide to victims protection and access to appropriate and effective remedies, such as compensations, to sanction the perpetrators of forced or compulsory labour and to report regularly to the ILO. In that regard, Protocol to ILO Convention No. 29 stipulates that all victims irrespective of their presence or legal status in the national territory should have access to appropriate and effective remedies, such as compensations. The third pillar of the UN Guiding Principles on Business and Human Rights stipulates that remediation is a fundamental right which can take the form of rehabilitation, financial or non- financial compensation, punitive sanction or prevention of harm through injunctions or guarantees of non-repetition. Article 6(6) of the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children obliges its State Parties to ensure that victims of human trafficking obtain compensation for damages suffered. Directive 2011/36/EU of the European Parliament and of the Council20a requires victims of human trafficking to have access to compensation.

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20 https://www.ilo.org/wcmsp5/groups/public/---europe/---ro-geneva/---ilo-brussels/documents/publication/wcms_195135.pdf.

20a Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1).

Or. en

Amendment 5

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5) Through its policies and legislative initiatives the Union seeks to eradicate the use of forced labour. The Union promotes due diligence in accordance with international guidelines and principles established by international organisations, including the ILO, the Organisation for Economic Co-operation and Development (hereinafter “OECD”) and the United Nations (hereinafter “UN”), to ensure that forced labour does not find a place in the value chains of undertakings established in the Union.

(5) Through its policies and legislative initiatives the Union seeks to eradicate the use of forced labour. The eradication of child labour and forced labour can only be achieved if other objectives of decent work, such as sustainable business conduct, social dialogue, freedom of association, collective bargaining and social protection are promoted. The Union promotes due diligence, including through enforceable legislation, in accordance with international guidelines and principles established by international organisations, including the ILO, the Organisation for Economic Co-operation and Development (hereinafter “OECD”) and the United Nations (hereinafter “UN”), to ensure that forced labour does not find a place in the value chains of undertakings established in the Union. The Union is also guided by the ILO's guidance 'Harder to See, Harder to Count' which provides comprehensive information, tools and data collection to combat forced labour of adults and children, as well as by other types of sector specific guidance which should be considered for the identification of risk indicators relating to operator's own operations, subsidiaries suppliers, sub-suppliers, contractors, and business partners in the whole supply chain. When implementing legislation and policies aimed at eradicating forced labour, the Union should make relevant data available in real time, as it is crucial to identify the origin of the product as well as its transport route and the economic operators along its value chain on all sides of the borders to effectively fight against forced labour.

Or. en

Amendment 6

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17) The prohibition should contribute to the international efforts to abolish forced labour. The definition of ‘forced labour’ should therefore be aligned with the definition laid down in ILO Convention No. 29. The definition of ‘forced labour applied by state authorities’ should be aligned with ILO Convention No. 105, which prohibits specifically the use of forced labour as punishment for the expression of political views, for the purposes of economic development, as a means of labour discipline, as a punishment for participation in strikes, or as a means of racial, religious or other discrimination.31

(17) The import and export ban of products and services should contribute to the international efforts to abolish forced labour. The definition of ‘forced labour’ should therefore be aligned with the definition laid down in ILO Convention No. 29. The definition of ‘forced labour applied by state authorities’ should be aligned with ILO Convention No. 105, which prohibits specifically the use of forced labour as punishment for the expression of political views, for the purposes of economic development, as a means of labour discipline, as a punishment for participation in strikes, or as a means of racial, religious or other discrimination31. The definition of 'forced labour' should also include Article 3(a) of ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, which refers to all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict. In addition, the definition of 'forced labour' should take into consideration the UN Convention on the Rights of Persons With Disabilities, which prohibits exposing persons with disabilities to forced labour and requires that persons with disabilities are protected, on an equal basis with others, from forced or compulsory labour. The principle of equal treatment should also apply in sheltered workshops. Where products or services come from specific countries or regions with reports of systematic and widespread forced labour practices and are listed in the database under Article 11 of this Regulation, competent authorities should presume that they were made or provided with the use of forced labour. In such cases, it should be the responsibility of the economic operator to demonstrate that the product or service is free of forced labour before entering, moving across or leaving the Union market. In all other cases, a product or service should be presumed to be made or provided with the use of forced labour, where the competent authority or petitioner can demonstrate a reasonable belief that forced labour was used.

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31 What is forced labour, modern slavery and human trafficking (Forced labour, modern slavery and human trafficking) (ilo.org) and the ILO Conventions No. 29 and No. 105 referred therein.

Or. en

Amendment 7

Proposal for a regulation

Article 2 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) ‘forced labour’ means forced or compulsory labour as defined in Article 2 of the Convention on Forced Labour, 1930 (No. 29) of the International Labour Organization, including forced child labour; it includes work and services in the complete value chain, from the raw material to the end products' distribution, including in the transportation or storage, exacted from any person, under the threat of a penalty, which is not offered voluntarily; where products or services come from specific countries or regions with reports of systematic and widespread forced labour practices and are listed in the database under Article 11 of this Regulation, competent authorities shall presume that they were made or provided with the use of forced labour and it shall be the responsibility of the economic operator to demonstrate that the product or service is free of forced labour before entering, moving across or leaving the Union market; in all other cases, a product or service shall be presumed to be made, or provided with, the use of forced labour, where the competent authority or petitioner can demonstrate a reasonable belief that forced labour was used. Promoting the right of freedom of association and collective bargaining and the involvement of the social partners in all measures to combat forced labour are essential factors to combat forced and compulsory labour.

Or. en

Amendment 8

Proposal for a regulation

Article 2 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) ‘forced labour imposed by state authorities’ means the use of forced labour as described in Article 1 of the Convention on the Abolition of Forced Labour, 1957 (No. 105) of the International Labour Organization;

(i) as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system;

(ii) as a method of mobilising and using labour for purposes of economic development;

(iii) as a means of labour discipline;

(iv) as a punishment for having participated in strikes;

(v) as a means of discrimination based on race, social or national origins, religious believes, disability, gender or sexual orientation;

Or. en

Amendment 9

Proposal for a regulation

Article 2 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement mandatory requirements, voluntary guidelines, recommendations or practices to identify, prevent, mitigate or bring to an end the use of forced labour with respect to products that are to be made available on the Union market or to be exported;

(c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement mandatory requirements, voluntary guidelines, recommendations or practices to identify, prevent or bring to an end the use of forced labour in their operations and value chain with respect to products and services; any due diligence of the importer or economic operator in the value chain shall only be relevant insofar as it relates to evidence of remediation;

Or. en

Amendment 10

Proposal for a regulation

Article 2 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

(ca) ‘root causes of forced labour’ at the country or region level refers, among others, to the issues of economic exploitation, poverty, systemic discrimination and lack of regular and decent paths of labour migration pathways; at the level of an economic operator, it includes prices below cost of production, lack of decent and living wages and, more generally, any unfair purchasing practices of economic operators;

Or. en

Amendment 11

Proposal for a regulation

Article 2 – paragraph 1 – point c b (new)

Text proposed by the Commission

Amendment

(cb) ‘meaningful engagement with workers and stakeholders’ means an interactive, responsive, ongoing and gender-inclusive process of engagement with potentially affected suppliers, workers and their representative organisations, as well as other stakeholders, such as civil society organisations including NGOs, civil society organisations, and local communities, with particular attention to especially vulnerable stakeholders, such as workers who are undocumented or in the informal economy, smallholders, and indigenous peoples; it includes engagement of economic operators with the genuine intention to understand how relevant stakeholder interests are affected by their activities; it also includes engagement of competent authorities with stakeholders prior to taking decisions that may impact the stakeholders, and the consideration of stakeholders´ interests; it also involves the timely provision of all information needed by the potentially impacted stakeholders to make an informed judgment on how the decision could affect them, and it shall ensure follow-through on the implementation of agreed commitments, ensuring that adverse impacts to impacted and potentially impacted stakeholders are addressed;

Or. en

Amendment 12

Proposal for a regulation

Article 4 – paragraph 3 – point c

Text proposed by the Commission

Amendment

(c) due diligence guidelines or recommendations of the UN, ILO, OECD or other relevant international organisations, in particular the social partners;

Or. en

Amendment 13

Proposal for a regulation

Article 10 a (new)

Text proposed by the Commission

Amendment

Article 10a

Remediation

1. Member States shall ensure access to remedy and effective remediation to victims whenever violations of Article 3 fall under the scope of their territory and/or jurisdiction.

2. Once an investigation is launched under Article 5, it should also determine, in consultation with relevant stakeholders such as trade unions and non-governmental organisations, the appropriate remediation, prevention of future reoccurrence and mitigation measures.

3. Evidence of remediation needs to be provided to the competent authority and to the Network, and it needs to go beyond information provided by social audits and certification bodies.

4. Evidence of remediation measures shall include evidence of one or more of the following:

(a) financial and non-financial compensation, including compensation based on the duration and extent of the forced labour, and any harms suffered;

(b) restitution for the victims to restore their position before the forced labour took place, for example by returning their passport;

(d) effective preventive measures and guarantees of non-reoccurrence of forced labour; and where it is accompanied by one or more of the above measures, apologies.

5. Competent authorities may lift the market prohibition once the economic operator proves that the forced labour has been remediated and that forced labour is no longer present and that processes have been put in place to prevent harms from continuing or taking place again in the future. Competent authorities shall inform the Network of such steps and outcome and the database under Article 11 shall be adapted accordingly without delay.

6. Competent authorities and the Network shall engage with relevant stakeholders, including persons that have been or are at risk of being subjected to forced labour and their representatives, prior to lifting any prohibition.

Or. en

Justification

Access to justice and compensation for workers victims of forced labour are absent in the proposal. For the Rapporteur, it is a fundamental gap and it is crucial for EMPL to introduce this dimension through a new provision on workers' rights and protections. The right to an effective remedy is indeed a fundamental human right guaranteed by the European Union (in particular by Article 47 of the Charter of Fundamental Rights which stipulates that any person whose rights and freedoms guaranteed by Union law have been violated has the right to an effective, impartial and fair remedy).

Amendment 14

Proposal for a regulation

Article 11 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas or sectors with respect to specific products and services including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c) including civil society such as information from trade unions, NGOs, labour and workers cooperatives and relevant external sources of information from, amongst others, international organisations and third country authorities. The customs authorities' data such as origin, places of storage and transportation points of the products entering or leaving the Union market are crucial risk indicators. Such data shall be freely accessible to the public by means of the database. That database shall include a list of the specific geographical high-risk regions or countries where forced labour practices are systematic and widespread. In those specific areas, the economic operators have to prove their value chains are free from forced labour before entering, moving across or leaving the Union market.

Or. en

Amendment 15

Proposal for a regulation

Article 11 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. The database referred to in paragraph 1 shall also include the updated list of economic operators and products or services affected by any decision to prohibit the placing or making available of the products and services on the Union market and their export or to order the withdrawal of the products already placed or made available on the Union market and their disposal referred to in Article 6(4). The database shall also notify in real time the deletion of any economic operator, product or service therefrom.

Or. en

Amendment 16

Proposal for a regulation

Article 24 – paragraph 1

Text proposed by the Commission

Amendment

1. A Union Network Against Forced Labour Products (‘the Network’) is established. The Network shall serve as a platform for structured coordination and cooperation between the competent authorities of the Member States and the Commission, and to streamline the practices of enforcement of this Regulation within the Union, thereby making enforcement more effective and coherent.

1. A Union Network Against Forced Labour Products (‘the Network’) is established and led by the Commission. The Network shall serve as a platform for structured and mandatory coordination and cooperation between the competent authorities of the Member States and the Commission, including with the involvement of third-country authorities, when applicable, to serve as centralised mechanism for complaints and to streamline the practices of enforcement of this Regulation within the Union, thereby making enforcement more effective and coherent.

Or. en

Amendment 17

Proposal for a regulation

Article 24 – paragraph 2

Text proposed by the Commission

Amendment

2. The Network shall be composed of representatives from each Member States’ competent authority, representatives from the Commission and, where appropriate, experts from the customs authorities.

2. The Network shall be organised and led by the Commission and composed of representatives from each Member States’ competent authority, representatives from the Commission, the European Labour Authority, the Agency for Fundamental Rights, social partners, civil society organisations and experts from the customs authorities.

Or. en

Amendment 18

Proposal for a regulation

Article 24 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. The Network shall act as a centralised mechanism to receive complaints and information regarding alleged or suspected violations of Article 3 taking place within or outside the Union, from any natural or legal person or group affected or potentially affected and any natural or legal person or group that may have information of alleged or suspected forced labour practices. Complaints and submissions of information may be lodged anonymously.

The Network shall set up a formalised and secure procedure to proceed with complaints and submissions of information, including an acknowledgement of receipt within 10 working days.

The Network shall determine the rules and procedure to assign complaints to Member States authorities and ensure Union-wide coordination throughout the investigations, the decision making processes and implementation on the Union market.

The Network, the Member States authorities and the Commission shall ensure that the identity of the person or persons reporting complaints, providing evidence, and of any individuals who are potentially being subjected to forced labour as part of the complaint, is not disclosed without the explicit consent of that or those persons, to anyone beyond the authorised staff members competent to receive or follow up on complaints. This shall also apply to any other information from which the identity of the reporting person may be directly or indirectly inferred.

Or. en

Amendment 19

Proposal for a regulation

Article 24 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. The Network shall have the following tasks:

3. The Network shall also have the following tasks:

Or. en

Amendment 20

Proposal for a regulation

Article 24 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(b) conduct joint investigations;

(b) conduct joint investigations, mandate research or monitor situation of wide-spread and systemic forced labour including in order to expand the database referred to in Article 11;

Or. en

Amendment 21

Proposal for a regulation

Article 24 – paragraph 3 – point d a (new)

Text proposed by the Commission

Amendment

(da) detect and resolve any misalignments of the Regulation's enforcement among Member States due to a potential discrepancy of power for customs authorities in different Member States;

Or. en

Amendment 22

Proposal for a regulation

Article 24 – paragraph 3 – point e a (new)

Text proposed by the Commission

Amendment

(ea) provide systematic information and recommendations to the Commission and the European External Action Service in case of detection of forced labour practices ; involve the Union delegations, particularly in the specific geographical high-risk regions or countries where forced labour practices are systematic and widespread as listed in the database under Article 11, and monitor measures taken to support the implementation of this Regulation by addressing the root causes of forced labour;

Or. en

Amendment 23

Proposal for a regulation

Article 24 – paragraph 3 – point f a (new)

Text proposed by the Commission

Amendment

(fa) promote the cooperation and exchange of expertise and best practices with third countries and/or international entities.

Or. en

Amendment 24

Proposal for a regulation

Article 24 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission shall support and encourage cooperation between enforcement authorities through the Network and participate in the meetings of the Network.

4. The Commission shall lead and ensure cooperation between enforcement authorities through the Network and participate in the meetings of the Network.

Or. en

Amendment 25

Proposal for a regulation

Article 24 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. The Commission shall provide the Network with the necessary financial and human resources in order for Network to effectively carry out its functions and achieve its objectives.

Or. en