Sittings · Document

DRAFT OPINION (COM(2022)0453 – C90307/2022 – 2022/0269(COD)) 2023-05-10

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 Fisheries · Rapporteur: Rosa D'Amato

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SHORT JUSTIFICATION

According to the International Labour Organisation, 128.000 fishers are in a situation of forced labour worldwide. This number is likely to be an underestimate given the challenges in measuring forced labour, especially on board vessels. Forced labour in the sector includes withholding of wages, working long hours, under the threat of force, by means of debt bondage, for a very low remuneration and without adequate health and safety conditions. Migrant workers can be especially vulnerable to forced labour.

Due to the often geographically remote nature of fisheries operations, these abuses can go unnoticed.

With the deterioration of marine ecosystems and stock depletion at the global level, input costs for fishing operations have risen and are often transferred on crewmembers’ shoulders through lower and exploitative working conditions.

Forced labour abuses in fisheries are often associated with Illegal, Unreported and Unregulated (IUU) fishing. The lack of transparency and control inherent in IUU fishing acts as enabler for forced labour.

While no country is immune to forced labour abuses, the Asia Pacific region is the region with the largest share of labour abuse victims, estimated to be 15.1 million.

The EU imports 68, 6% of its seafood consumption, including from countries in the Asia-Pacific region.

The EU fishing fleet is not immune to labour abuses either and the majority of EU Member States have not yet ratified ILO Convention C188 on work in fishing.

This Regulation will thus be key to ensure that seafood consumption in the EU does not contribute to forced labour, both within and outside the EU.

This proposal is only one of the many tools available to the EU and Member States to help eradicate forced labour worldwide. To address the root causes of forced labour, Member States and the EU must include this fight in their trade and development cooperation policies.

The EU must lead this action at the global level, promoting the ratification of existing international instruments.

The Rapporteur therefore supports the Regulation and wishes to draw attention on the following points.

Centralised complaint procedure

The Rapporteur believes that stakeholders and citizens should have the right to file complaints concerning the violation of this Regulation directly with the European Commission through a centralised complaint mechanism.

Upon receipt by the single entry point, the Commission should be empowered to either assign complaints to national authorities or assess them itself. Member States’ competent authorities and the Commission should then both be empowered to launch investigations.

Non-cooperating countries

The Rapporteur believes that, in order to be effective, the proposal must introduce mechanisms that tackle the root causes of forced labour. Implementing this Regulation without an effective dialogue with countries concerned also poses the risk of disengagement, with further negative consequences on already affected vulnerable workers. Therefore, the Rapporteur suggests establishing a mechanism that fosters cooperation with high-risk countries building on the IUU Fishing Regulation carding system.

Remediation

The Rapporteur considers remediation essential to bring real change for forced labour victims. Remediation should be established in cooperation with civil society, trade unions and other relevant stakeholders, and workers’ involvement at every stage of the process will be key.

Transparency, reporting and public access to information

Understanding forced labour practices in fisheries requires reliable data and estimates. However, such data are limited and incomplete. Increased transparency through more data will foster accountability and help identify challenges in the implementation of the Regulation.

The proposal should thus require Member States and the Commission to report on its application and publish this information.

AMENDMENTS

The Committee on Fisheries calls on the Committee on International Trade and the Committee on the Internal Market and Consumer Protection, as the committees 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 accompanied by the Forced Labour (Supplementary Measures) Recommendation (N.203) and the 2014 Protocol to Convention No. 29 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

Justification

The amendment introduces language from relevant international instruments, such as the ILO forced labour Convention , 1920 (No. 29) to further clarify the definition of forced labour. In the fisheries sector, forced labour practices vary significantly and include being forced to work on board vessels under the threat of force or by means of debt bondage, working for long hours at very low pay, in hazardous and difficult conditions. The clarifications provided in this amendment allow to encompass this variety of abuses.

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

Justification

The amendment provides further data on forced labour at the global level that allow for a better understanding of forced labour in fisheries. The amendments specifically introduces the issue of migrant workers, who, as pointed out by the ILO, can be especially vulnerable to labour abuses in the fisheries sector. As this instrument will be applicable across sectors, the Rapporteur provides data that are not sector specific, but which highlight trends that are relevant across sectors, including fisheries.

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

Justification

With this amendment, the Rapporteur recalls instruments at the EU level aimed at ensuring decent working conditions and the right to a remedy. These instruments apply to all workers, including those in the fisheries sector.

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

Justification

This amendment clarifies the state of ratification of the Protocol to ILO Convention No. 29 which applies across sectors, including fisheries, and which constitutes a key instrument in tackling forced labour within and outside the EU.

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 operators' 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

Justification

This instrument alone will not be sufficient to eradicate forced labour in the fisheries sector, the Rapporteur therefore highlights here that a series of objectives, as well as data collection and publication, will be of key importance in the fight against forced labour.

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.

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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

Justification

The definition of forced labour under this Regulation must take into account relevant international instruments tackling child forced labour and protecting the rights of persons with disabilities. These instruments are key to protect children and persons with disabilities that are victims of forced labour in the fisheries sector.

Amendment 7

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19) The competent authorities of the Member States should monitor the market to identify violations of the prohibition. In appointing those competent authorities, Member States should ensure that those authorities have sufficient resources and that their staff has the necessary competences and knowledge, especially with regard to human rights, value chain management and due diligence processes. Competent authorities should closely coordinate with national labour inspections and judicial and law enforcement authorities, including those responsible for the fight against trafficking in human beings in such a way as to avoid jeopardising investigations by such authorities.

(19) The competent authorities of the Member States or the Commission should monitor the market to identify violations of the prohibition. In appointing those competent authorities, Member States should ensure that those authorities have sufficient resources and that their staff has the necessary competences and knowledge, especially with regard to human rights, value chain management and due diligence processes. Competent authorities should closely coordinate with national labour inspections and judicial and law enforcement authorities, including those responsible for the fight against trafficking in human beings in such a way as to avoid jeopardising investigations by such authorities.

Or. en

Justification

The Regulation requires Member States to launch investigations concerning products made with forced labour. These amendments introduce the possibility for the Commission to conduct such investigations. This would enhance the effectiveness of the Regulation with regards to seafood, as often Member States are not the actual destinations, but rather entry points for seafood imported in the EU, which is then traded within the internal market. The Commission could thus be better placed to conduct investigations on seafood marketed in several Member States.

Amendment 8

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20) In order to increase the effectiveness of the prohibition, competent authorities should grant reasonable time to economic operators to identify, mitigate, prevent and bring to an end the risk of forced labour.

(20) In order to increase the effectiveness of the prohibition, competent authorities or the Commission should grant reasonable time to economic operators to identify, mitigate, prevent and bring to an end the risk of forced labour.

Or. en

Justification

Amendment 9

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(21) When identifying potential violations of the prohibition, the competent authorities should follow a risk-based approach and assess all information available to them. Competent authorities should initiate an investigation where, based on their assessment of all available information, they establish that there is a substantiated concern of a violation of the prohibition.

(21) When identifying potential violations of the prohibition, the competent authorities or the Commission should follow a risk-based approach and assess all information available to them. Competent authorities or the Commission should initiate an investigation where, based on their assessment of all available information, they establish that there is a substantiated concern of a violation of the prohibition.

Or. en

Justification

Amendment 10

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour in their operations and value chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and value chains. Appropriate due diligence means that forced labour issues in the value chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated.

(22) Before initiating an investigation, competent authorities or the Commission should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour in their operations and value chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and value chains. Appropriate due diligence means that forced labour issues in the value chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority or the Commission considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated.

Or. en

Justification

Amendment 11

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(23) In order to ensure cooperation among competent authorities designated under this and other relevant legislation and in order to ensure consistency in their actions and decisions, competent authorities designated under this Regulation should request information from other relevant authorities, where necessary, on whether economic operators under assessment are subject to and carry out due diligence in relation to forced labour in accordance with applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour.

(23) In order to ensure cooperation between the Commission and competent authorities designated under this and other relevant legislation, as well as among competent authorities designated under this and other relevant legislation, and in order to ensure consistency in their actions and decisions, competent authorities designated under this Regulation should request information from other relevant authorities, where necessary, on whether economic operators under assessment are subject to and carry out due diligence in relation to forced labour in accordance with applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour.

Or. en

Justification

Amendment 12

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(24) During the preliminary phase of investigation, competent authorities should focus on the economic operators involved in the steps of the value chain where there is a higher risk of forced labour with respect to the products under investigation, also taking into account their size and economic resources, the quantity of products concerned and the scale of the suspected forced labour.

(24) During the preliminary phase of investigation, competent authorities or the Commission should focus on the economic operators involved in the steps of the value chain where there is a higher risk of forced labour with respect to the products under investigation, also taking into account their size and economic resources, the quantity of products concerned and the scale of the suspected forced labour.

Or. en

Justification

Amendment 13

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) Competent authorities, when requesting information during the investigation, should prioritise to the extent possible and consistent with the effective conduct of the investigation the economic operators under investigation that are involved in the steps of the value chain as close as possible to where the likely risk of forced labour occurs and take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.

(25) Competent authorities or the Commission, when requesting information during the investigation, should prioritise to the extent possible and consistent with the effective conduct of the investigation the economic operators under investigation that are involved in the steps of the value chain as close as possible to where the likely risk of forced labour occurs and take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.

Or. en

Justification

Amendment 14

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26) Competent authorities should bear the burden of establishing that forced labour has been used at any stage of production, manufacture, harvest or extraction of a product, including working or processing related to the product on the basis of all information and evidence gathered during the investigation, including its preliminary phase. To ensure their right to due process, economic operators should have the opportunity to provide information in their defence to the competent authorities throughout the investigation.

(26) Competent authorities or the Commission should bear the burden of establishing that forced labour has been used at any stage of production, manufacture, harvest or extraction of a product, including working or processing related to the product on the basis of all information and evidence gathered during the investigation, including its preliminary phase. To ensure their right to due process, economic operators should have the opportunity to provide information in their defence to the competent authorities throughout the investigation.

When the products or product groups originate from high-risk areas, economic operators should bear the burden of establishing that forced labour has not been used at any stage of production, manufacture, harvest, extraction or transport of a product, including working or processing related to the product on the basis of all information and evidence gathered during the investigation, including its preliminary phase.

Or. en

Justification

Amendment 15

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and have them destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.

(27) When competent authorities or the Commission establish that economic operators violated the prohibition, they should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and have them destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.

Or. en

Justification

Amendment 16

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

(28) In that decision, competent authorities should state the findings of the investigation, and the information underpinning the findings, and set a reasonable time within which the economic operators should comply with the decision, as well as information allowing for the identification of the product to which the decision applies. The Commission should be empowered to adopt the implementing acts necessary to specify the details about the information to be contained in such decisions.

(28) In that decision, competent authorities or the Commission should state the findings of the investigation, and the information underpinning the findings, and set a reasonable time within which the economic operators should comply with the decision, as well as information allowing for the identification of the product to which the decision applies. The Commission should be empowered to adopt the implementing acts necessary to specify the details about the information to be contained in such decisions.

Or. en

Justification

Amendment 17

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(29) In setting a reasonable time to comply with the order, competent authorities should take into account the size and economic resources of the economic operators concerned.

(29) In setting a reasonable time to comply with the order, competent authorities or the Commission should take into account the size and economic resources of the economic operators concerned.

Or. en

Justification

Amendment 18

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management at the expense of the economic operators.

(30) If the economic operators fail to comply with the decision of the competent authorities or the Commission by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management at the expense of the economic operators.

Or. en

Justification

Amendment 19

Proposal for a regulation

Recital 31

Text proposed by the Commission

Amendment

(31) Economic operators should have the possibility to request a review of the decisions by the competent authorities, after having provided new information showing that it cannot be concluded that the relevant products have been made with forced labour. Competent authorities should withdraw their decision where they establish on the basis of that new information, that it cannot be established that the products have been made with forced labour.

(31) Economic operators should have the possibility to request a review of the decisions by the competent authorities or the Commission, after having provided new information showing that it cannot be concluded that the relevant products have been made with forced labour. Competent authorities or the Commission should withdraw their decision where they establish on the basis of that new information, that it cannot be established that the products have been made with forced labour.

Or. en

Justification

Amendment 20

Proposal for a regulation

Recital 34

Text proposed by the Commission

Amendment

(34) Decisions of the competent authorities establishing a violation of the prohibition should be communicated to customs authorities, who should aim at identifying the product concerned amongst products declared for release for free circulation or export. The competent authorities should be responsible for the overall enforcement of the prohibition with regard to the internal market as well as products entering or leaving the Union market. Since forced labour is part of the manufacturing process and does not leave any trace on the product, and Regulation (EU) 2019/1020 covers only manufactured products and its scope is limited to release for free circulation, the customs authorities would be unable to act autonomously under Regulation (EU) 2019/1020 for the application and enforcement of the prohibition. The specific organisation of controls of each Member State should be without prejudice to Regulation (EU) No 952/2013 of the European Parliament and of the Council32 and its general provisions on the control and supervisory powers of customs authorities.

(34) Decisions of the competent authorities or the Commission establishing a violation of the prohibition should be communicated to customs authorities, who should aim at identifying the product concerned amongst products declared for release for free circulation or export. The competent authorities or the Commission should be responsible for the overall enforcement of the prohibition with regard to the internal market as well as products entering or leaving the Union market. Since forced labour is part of the manufacturing process and does not leave any trace on the product, and Regulation (EU) 2019/1020 covers only manufactured products and its scope is limited to release for free circulation, the customs authorities would be unable to act autonomously under Regulation (EU) 2019/1020 for the application and enforcement of the prohibition. The specific organisation of controls of each Member State should be without prejudice to Regulation (EU) No 952/2013 of the European Parliament and of the Council32 and its general provisions on the control and supervisory powers of customs authorities.

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32 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (recast) (OJ L 269, 10.10.2013, p. 1).

Or. en

Justification

Amendment 21

Proposal for a regulation

Recital 38 a (new)

Text proposed by the Commission

Amendment

(38 a) In order to be effective, the proposal must introduce a mechanism that allows Member States and the Commission to tackle the root causes of forced labour. To this end, the Commission should be entitled to identify non-cooperating third countries, on the basis of transparent, clear and objective criteria relying on international standards, and, after giving them adequate time and to respond to a prior notification, adopt non-discriminatory, legitimate and proportionate measures with respect to those States, including trade measures.

Or. en

Justification

It is of key relevance for PECH to introduce a mechanism to tackle the root causes of forced labour in countries where violations are widespread. As IUU fishing is often associated with forced labour, this mechanism would build on the successful example of the IUU fishing Regulation carding system. It would allow to sanction third countries that do not respect international labour standards while engaging with them to address the root causes of forced labour, thus avoiding the risk of disengagement.

Amendment 22

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

Justification

The amendment aligns the definition of forced labour under this Regulation with the definition in Article 2 of the Convention on Forced Labour, 1930 (No. 29) of the ILO. This means including goods transported and stored using forced labour in the scope of the proposal. Forced labour abuses in fisheries relate to working conditions and lack of basic requirements, as well as other abuses, on board vessels which occur not only when the seafood is harvested but also when it is transported and stored. For alignment with international standards, the ILO definition is replicated in its entirety.

Amendment 23

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(c a) ‘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

Justification

Forced labour abuses are enabled by systemic issues which do not allow for the recognition and the implementation of workers’ rights. Such root causes affect all sectors, including fisheries, and need to be included in the proposal and tackled through the carding system established through the new provisions mentioned in this Regulation.

Amendment 24

Proposal for a regulation

Article 4 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Competent authorities shall follow a risk-based approach in assessing the likelihood that economic operators violated Article 3. That assessment shall be based on all relevant information available to them, including the following information:

1. Competent authorities or the Commission shall follow a risk-based approach in assessing the likelihood that economic operators violated Article 3. That assessment shall be based on all relevant information available to them, including the following information:

Or. en

Justification

Amendment 25

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall focus on the economic operators involved in the steps of the value chain as close as possible to where the risk of forced labour is likely to occur and take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.

2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities or the Commission shall focus on the economic operators involved in the steps of the value chain as close as possible to where the risk of forced labour is likely to occur and take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.

Or. en

Justification

Amendment 26

Proposal for a regulation

Article 4 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. Before initiating an investigation in accordance with Article 5(1), the competent authority shall request from the economic operators under assessment information on actions taken to identify, prevent, mitigate or bring to an end risks of forced labour in their operations and value chains with respect to the products under assessment, including on the basis of any of the following:

3. Before initiating an investigation in accordance with Article 5(1), the competent authority or the Commission shall request from the economic operators under assessment information on actions taken to identify, prevent, mitigate or bring to an end risks of forced labour in their operations and value chains with respect to the products under assessment, including on the basis of any of the following:

Or. en

Justification

Amendment 27

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

Justification

Social partners perform a key role for the promotion of decent work in the fisheries sector and their involvement is thus key to ensure effective investigations.

Amendment 28

Proposal for a regulation

Article 4 – paragraph 4

Text proposed by the Commission

Amendment

4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within 15 working days from the day they received such request. Economic operators may provide to competent authorities any other information they may deem useful for the purposes of this Article.

4. Economic operators shall respond to the request of the competent authority or the Commission referred to in paragraph 3 within 15 working days from the day they received such request. Economic operators may provide to competent authorities any other information they may deem useful for the purposes of this Article.

Or. en

Justification

Amendment 29

Proposal for a regulation

Article 4 – paragraph 5

Text proposed by the Commission

Amendment

5. Within 30 working days from the date of receipt of the information submitted by economic operators pursuant to paragraph 4, the competent authorities shall conclude the preliminary phase of their investigation as to whether there is a substantiated concern of violation of Article 3 on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4.

5. Within 30 working days from the date of receipt of the information submitted by economic operators pursuant to paragraph 4, the competent authorities or the Commission shall conclude the preliminary phase of their investigation as to whether there is a substantiated concern of violation of Article 3 on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4.

Or. en

Justification

Amendment 30

Proposal for a regulation

Article 4 – paragraph 6

Text proposed by the Commission

Amendment

6. The competent authority shall duly take into account where the economic operator demonstrates that it carries out due diligence on the basis of identified forced labour impact in its supply chain, adopts and carries out measures suitable and effective for bringing to an end forced labour in a short period of time.

6. The competent authority or the Commission shall duly take into account where the economic operator demonstrates that it carries out due diligence on the basis of identified forced labour impact in its supply chain, adopts and carries out measures suitable and effective for bringing to an end forced labour in a short period of time.

Or. en

Justification

Amendment 31

Proposal for a regulation

Article 4 – paragraph 7

Text proposed by the Commission

Amendment

7. Competent authorities shall not initiate an investigation pursuant to Article 5, and shall inform the economic operators under assessment accordingly, where, on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4, the competent authorities consider that there is no substantiated concern of a violation of Article 3, for instance due to, but not limited to, the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour referred to in paragraph 3 being applied in a way that mitigates, prevents and brings to an end the risk of forced labour.

7. Competent authorities or the Commission shall not initiate an investigation pursuant to Article 5, and shall inform the economic operators under assessment accordingly, where, on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4, the competent authorities consider that there is no substantiated concern of a violation of Article 3, for instance due to, but not limited to, the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour referred to in paragraph 3 being applied in a way that mitigates, prevents and brings to an end the risk of forced labour.

Or. en

Justification

Amendment 32

Proposal for a regulation

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

1. Competent authorities that, pursuant to Article 4(5), determine that there is a substantiated concern of a violation of Article 3, shall decide to initiate an investigation on the products and economic operators concerned.

1. When competent authorities or the Commission determine that, pursuant to Article 4(5), there is a substantiated concern of a violation of Article 3, they shall decide to initiate an investigation on the products and economic operators concerned.

Or. en

Justification

Amendment 33

Proposal for a regulation

Article 5 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. Competent authorities that initiate an investigation pursuant to paragraph 1 shall inform the economic operators subject to the investigation, within 3 working days from the date of the decision to initiate such investigation about the following:

2. When initiating an investigation pursuant to paragraph 1, competent authorities or the Commission shall inform the economic operators subject to the investigation, within 3 working days from the date of the decision to initiate such investigation about the following:

Or. en

Justification

Amendment 34

Proposal for a regulation

Article 5 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(d) the possibility for the economic operators to submit any other document or information to the competent authority, and the date by which such information has to be submitted.

(d) the possibility for the economic operators to submit any other document or information to the competent authority or the Commission, and the date by which such information has to be submitted.

Or. en

Justification

Amendment 35

Proposal for a regulation

Article 5 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. Where requested to do so by competent authorities, economic operators under investigation shall submit to those competent authorities any information that is relevant and necessary for the investigation, including information identifying the products under investigation, the manufacturer or producer of those products and the product suppliers. In requesting such information, competent authorities shall to the extent possible:

3. Where requested to do so by competent authorities or the Commission, economic operators under investigation shall submit to those competent authorities any information that is relevant and necessary for the investigation, including information identifying the products under investigation, the manufacturer or producer of those products and the product suppliers. In requesting such information, competent authorities or the Commission shall to the extent possible:

Or. en

Justification

Amendment 36

Proposal for a regulation

Article 5 – paragraph 5

Text proposed by the Commission

Amendment

5. When deciding on the time limits referred to in this Article, competent authorities shall consider the size and economic resources of the economic operators concerned.

5. When deciding on the time limits referred to in this Article, competent authorities or the Commission shall consider the size and economic resources of the economic operators concerned.

Or. en

Justification

Amendment 37

Proposal for a regulation

Article 5 – paragraph 6

Text proposed by the Commission

Amendment

6. Competent authorities may carry out all necessary checks and inspections including investigations in third countries, provided that the economic operators concerned give their consent and that the government of the Member State or third country in which the inspections are to take place has been officially notified and raises no objection.

6. Competent authorities or the Commission may carry out all necessary checks and inspections including investigations in third countries, provided that the economic operators concerned give their consent and that the government of the Member State or third country in which the inspections are to take place has been officially notified and raises no objection.

Or. en

Justification

Amendment 38

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish whether Article 3 has been violated, within a reasonable period of time from the date they initiated the investigation pursuant to Article 5(1).

1. Competent authorities or the Commission shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish whether Article 3 has been violated, within a reasonable period of time from the date they initiated the investigation pursuant to Article 5(1).

Or. en

Justification

Amendment 39

Proposal for a regulation

Article 6 – paragraph 2

Text proposed by the Commission

Amendment

2. Notwithstanding paragraph 1, competent authorities may establish that Article 3 has been violated on the basis of any other facts available where it was not possible to gather information and evidence pursuant to Article 5(3) or (6).

2. Notwithstanding paragraph 1, competent authorities or the Commission may establish that Article 3 has been violated on the basis of any other facts available where it was not possible to gather information and evidence pursuant to Article 5(3) or (6).

Or. en

Justification

Amendment 40

Proposal for a regulation

Article 6 – paragraph 3

Text proposed by the Commission

Amendment

3. Where competent authorities cannot establish that Article 3 has been violated, they shall take a decision to close the investigation and inform the economic operator thereof.

3. Where competent authorities or the Commission cannot establish that Article 3 has been violated, they shall take a decision to close the investigation and inform the economic operator thereof.

Or. en

Justification

Amendment 41

Proposal for a regulation

Article 6 – paragraph 4 – introductory part

Text proposed by the Commission

Amendment

4. Where competent authorities establish that Article 3 has been violated, they shall without delay adopt a decision containing:

4. Where competent authorities or the Commission establish that Article 3 has been violated, they shall without delay adopt a decision containing:

Or. en

Justification

Amendment 42

Proposal for a regulation

Article 6 – paragraph 5 – introductory part

Text proposed by the Commission

Amendment

5. Where an economic operator has failed to comply with the decision referred to in paragraph 4, the competent authorities shall ensure all of the following:

5. Where an economic operator has failed to comply with the decision referred to in paragraph 4, the competent authorities or the Commission shall ensure all of the following:

Or. en

Justification

Amendment 43

Proposal for a regulation

Article 6 – paragraph 6

Text proposed by the Commission

Amendment

6. Where economic operators provide evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they have eliminated forced labour from their operations or supply chain with respect to the products concerned, the competent authorities shall withdraw their decision for the future and inform the economic operators.

6. Where economic operators provide evidence to the competent authorities or the Commission that they have complied with the decision referred to in paragraph 4, and that they have eliminated forced labour from their operations or supply chain with respect to the products concerned, the competent authorities or the Commission shall withdraw their decision for the future and inform the economic operators.

Or. en

Justification

Amendment 44

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the Commission

Amendment

1. Competent authorities shall provide economic operators affected by a decision adopted pursuant to Article 6(4) the possibility of requesting a review of that decision within 15 working days from the date of receipt of that decision. In case of perishable goods, animals and plants, that time limit shall be 5 working days. The request for review shall contain information which demonstrates that the products are placed or made available on the market or to be exported in compliance with Article 3.

1. Competent authorities or the Commission shall provide economic operators affected by a decision adopted pursuant to Article 6(4) the possibility of requesting a review of that decision within 15 working days from the date of receipt of that decision. In case of perishable goods, animals and plants, that time limit shall be 5 working days. The request for review shall contain information which demonstrates that the products are placed or made available on the market or to be exported in compliance with Article 3.

Or. en

Justification

Amendment 45

Proposal for a regulation

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

2. A request for a review of a decision adopted pursuant Article 6(4) shall contain new information that was not brought to the attention of the competent authority during the investigation. The request for a review shall delay the enforcement of the decision adopted pursuant to Article 6(4) until the competent authority decides on the request for the review.

2. A request for a review of a decision adopted pursuant Article 6(4) shall contain new information that was not brought to the attention of the competent authority or the Commission during the investigation. The request for a review shall delay the enforcement of the decision adopted pursuant to Article 6(4) until the competent authority decides on the request for the review.

Or. en

Justification

Amendment 46

Proposal for a regulation

Article 8 – paragraph 3

Text proposed by the Commission

Amendment

3. A competent authority shall take a decision on the request for review within 15 working days from the date of receipt of the request. In case of perishable goods, animals and plants that time limit shall be 5 working days.

3. A competent authority or the Commission shall take a decision on the request for review within 15 working days from the date of receipt of the request. In case of perishable goods, animals and plants that time limit shall be 5 working days.

Or. en

Justification

Amendment 47

Proposal for a regulation

Article 8 – paragraph 4

Text proposed by the Commission

Amendment

4. Where a competent authority considers that after taking into account the new information provided by the economic operator in accordance with paragraph 1 it cannot establish that the products have been placed or made available on the market or are being exported in violation of Article 3, it shall withdraw its decision adopted pursuant to Article 6(4).

4. Where a competent authority or the Commission considers that after taking into account the new information provided by the economic operator in accordance with paragraph 1 it cannot establish that the products have been placed or made available on the market or are being exported in violation of Article 3, it shall withdraw its decision adopted pursuant to Article 6(4).

Or. en

Justification

Amendment 48

Proposal for a regulation

Article 8 – paragraph 5

Text proposed by the Commission

Amendment

5. Economic operators that have been affected by a decision of a competent authority pursuant to this Regulation shall have access to a court to review the procedural and substantive legality of the decision.

5. Economic operators that have been affected by a decision of a competent authority or the Commission pursuant to this Regulation shall have access to a court to review the procedural and substantive legality of the decision.

Or. en

Justification

Amendment 49

Proposal for a regulation

Article 8 – paragraph 7

Text proposed by the Commission

Amendment

7. Decisions adopted by competent authorities pursuant to Article 6 and to this Article are without prejudice to any decisions of a judicial nature taken by national courts or tribunals of the Member States with respect to the same economic operators or products.

7. Decisions adopted by competent authorities or the Commission pursuant to Article 6 and to this Article are without prejudice to any decisions of a judicial nature taken by national courts or tribunals of the Member States with respect to the same economic operators or products.

Or. en

Justification

Amendment 50

Proposal for a regulation

Article 9 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. The competent authority shall without delay inform the Commission and the competent authorities of other Member States using the information and communication system referred to in Article 22(1) about the following:

1. The Commission shall inform Member State competent authorities and competent authorities shall inform the Commission and the competent authorities of other Member States without delay using the information and communication system referred to in Article 22(1) about the following:

Or. en

Justification

Amendment 51

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

1. Submissions of information by any natural or legal person or any association not having legal personality, to competent authorities on alleged violations of Article 3 shall contain information on the economic operators or products concerned and provide the reasons substantiating the allegation.

1. Submissions of information by any natural or legal person or any association not having legal personality, to competent authorities or the Commission on alleged violations of Article 3 shall contain information on the economic operators or products concerned and provide the reasons substantiating the allegation.

Or. en

Justification

Amendment 52

Proposal for a regulation

Article 10 – paragraph 2

Text proposed by the Commission

Amendment

2. The competent authority shall, as soon as possible, inform the person or association referred to in paragraph 1 of the outcome of the assessment of their submission.

2. The competent authority or the Commission shall, as soon as possible, inform the person or association referred to in paragraph 1 of the outcome of the assessment of their submission.

Or. en

Justification

Amendment 53

Proposal for a regulation

Article 10 a (new)

Text proposed by the Commission

Amendment

Article 10 a

1. Member States or the Commission 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 or the Commission 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, the Commission 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

Remediation is essential for all victims of forced labour, including in the fisheries sector. This is also enshrined in Article 4 of the Protocol of 2014 to the Forced Labour Convention. Considering the evidence on the extent of forced labour in fisheries, the Rapporteur believes that it is imperative to introduce this provision.

Amendment 54

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. The database shall also contain information concerning the countries pre-identified as non-cooperating under this Regulation and on those for which the status of non-cooperating country has been lifted.

Or. en

Justification

The database established under this Regulation should contain publicly accessible data, including on high-risk areas, to inform the Commission’s carding decisions, as well as information on countries identified as non-cooperating and countries for which the status of non-cooperating country has been lifted.

Amendment 55

Proposal for a regulation

Article 14 – paragraph 1

Text proposed by the Commission

Amendment

1. Decisions taken by a competent authority in one Member State shall be recognised and enforced by competent authorities in the other Member States in so far as they relate to products with the same identification and from the same supply chain for which forced labour has been found.

1. Decisions taken by a competent authority in one Member State or by the Commission shall be recognised and enforced by competent authorities in the other Member States in so far as they relate to products with the same identification and from the same supply chain for which forced labour has been found.

Or. en

Justification

Amendment 56

Proposal for a regulation

Article 14 – paragraph 2

Text proposed by the Commission

Amendment

2. A competent authority that has received, through the information and communication system referred to in Article 22(1), a request from a competent authority of another Member State for information to verify any evidence provided by an economic operator shall provide that information within 15 working days from the date of receipt of the request.

2. A competent authority that has received, through the information and communication system referred to in Article 22(1), a request from a competent authority of another Member State or from the Commission for information to verify any evidence provided by an economic operator shall provide that information within 15 working days from the date of receipt of the request.

Or. en

Justification

Amendment 57

Proposal for a regulation

Article 14 – paragraph 4

Text proposed by the Commission

Amendment

4. Before initiating an investigation in accordance with Article 5, a competent authority shall verify in the information and communication system referred to in Article 22(1) whether there is a lead authority referred to in paragraph 3 investigating the same product and economic operator.

4. Before initiating an investigation in accordance with Article 5, a competent authority or the Commission shall verify in the information and communication system referred to in Article 22(1) whether there is a lead authority referred to in paragraph 3 investigating the same product and economic operator.

Or. en

Justification

Amendment 58

Proposal for a regulation

Article 14 – paragraph 5

Text proposed by the Commission

Amendment

5. Where there is a lead authority as referred to in paragraph 3, competent authorities shall share all the evidence and information they may have with that lead authority to facilitate the investigation and shall not start a separate investigation.

5. Where there is a lead authority as referred to in paragraph 3, competent authorities and the Commission shall share all the evidence and information they may have with that lead authority to facilitate the investigation and shall not start a separate investigation. In derogation to this provision, the Commission may decide to take over the investigation.

Or. en

Justification

Amendment 59

Proposal for a regulation

Chapter III a (new)

Text proposed by the Commission

Amendment

Chapter III a

Non-cooperating third countries

Article 21a

Identification of non-cooperating third countries

1. The Commission shall identify a third country as non-cooperating if it fails to discharge the duties incumbent upon it under international law to take action to prevent, deter and eliminate forced labour.

2. The decision to identify a country as non-cooperating shall be based on an assessment of at least the following information:

(a) whether the third country concerned has ratified and implemented relavant international conventions on labour conditions, including, but not limited to, fundamental International Labour Organisation (ILO) Conventions and sectoral conventions;

(b) the national legal framework and measures in place to eradicate forced labour;

(d) information available and relevant for the concerned country in the database established in accordance to in Article 11;

(e) information submitted to the Commission or Member States authorities under this Regulation on forced labour violations in the country as well as on follow-up measures taken by the country;

(f) whether the third country concerned has taken effective enforcement measures in respect of the operators responsible for forced labour, and in particular whether sanctions of sufficient severity to deprive the offenders of the benefits accruing from forced labour have been applied;

(g) for developing countries, the existing capacity of their competent authorities.

Article 21b

Notification

1. The Commission shall, without delay, notify countries concerned of the possibility of being identified as non-cooperating third countries in accordance with the criteria laid down in Article 21a.

It shall include in the notification the following information:

(a) the reason or reasons for the identification with all available supporting evidence;

(b) the opportunity to respond to the Commission in writing with regard to the identification decision and other relevant information, for example, evidence refuting the identification or, where appropriate, a plan of action to improve and the measures taken to rectify the situation;

(d) a request that the third country concerned takes necessary measures for the cessation of forced labour and the prevention of any future such activities;

(e) the consequences of its identification as non-cooperating third country.

3. The Commission shall, by more than one means of communication, transmit its notification and request to the third country concerned. The Commission shall seek to obtain confirmation from that country that it has received the notification.

4. The Commission shall give to the third country concerned adequate time to answer the notification and a reasonable time to remedy the situation.

Article 21c

Démarches in respect of countries identified as non-cooperating third countries and establishment of a structured dialogue

1. Following the process outlined in Article 21a, the Commission shall invite the third country to engage in a formal dialogue to end forced labour abuses and tackle the root causes of forced labour in its territory. Within the framework of this dialogue, the Commission shall endeavour to involve civil society, trade unions, workers and all relevant stakeholders active in the country concerned.

2. Based on the information available and the extent of the abuses, the Commission shall establish a reasonable amount of time for the third country concerned to remedy the situation.

3. The Commission shall also ensure that controls on products from the identified product groups originating from the third country concerned shall be strengthened and a minimum percentage of operators making available such products on the Union market shall be subject to a higher level of checks. The Commission shall establish the minimum level of checks on a case-by-case basis. When the identification process concerns one or more specific product groups, the controls and checks may be strenghtened only with regards to these product groups.

Article 21d

Granting of non-cooperating country status

1. If, following the actions and the time period identified on the basis of Article 21c, the third country has failed to make sufficient progress to remedy the situation, the Council, acting by a qualified majority on a proposal from the Commission, shall decide to grant the country a red card, thereby identifying it as non-cooperating.

2. The Commission shall, without delay, notify the third country concerned of its identification as a non-cooperating country and of the measures applied in accordance with Article 21e. The Commission shall also request it to rectify the current situation and to inform the Commission on the measures taken to remedy the situation and ensure compliance with internationally recognised labour standards.

3. Following a decision taken pursuant to paragraph 1 of this Article, the Commission shall, without delay, notify it to the Member States and shall request them to ensure the immediate implementation of the measures laid down in Article 21e. Member States shall notify the Commission of any measures they have taken in response to this request.

Article 21e

Action in respect of non-cooperating third countries

1. The importation into the Union of products from the non-cooperating third countries shall be prohibited.

2. When the identification of a non-cooperating third country pursuant to Article 21d concerns forced labour perpetrated with rigards to a specific product group from a particular entity, including a product supplier, vessel, site of production or region, the prohibition of importation may only apply to this specifically identified product groups.

3. The Commission shall continue to engage in a dialogue with countries identified as non-cooperating and facilitate capacity building as well as compliance with internationally recognised labour standards. The Commission shall continue to monitor the situation.

Article 21f

Removal from the list of non-cooperating third countries

1. The Council, acting by qualified majority on a proposal from the Commission, shall remove a third country from the list of non-cooperating third countries if the third country concerned demonstrates that the situation that warranted its listing has been rectified. A removal decision shall also take into consideration whether the identified third countries concerned have taken concrete measures capable of achieving a lasting improvement of the situation.

2. Following a decision taken pursuant to paragraph 1 of this Article, the Commission shall, without delay, notify Member States of the lifting of the measures laid down in Article 38 in respect of the third country concerned.

Article 21g

Publicity of the list of non-cooperating third countries

1. The Commission shall publish the list of non-cooperating third countries in the Official Journal of the European Union and take any measure necessary to ensure publicity of this list, including by making it available in the database referred to in Article 11. The Commission shall regularly update the list and shall provide for a system to automatically notify updates to Member States, relevant international organisations and any citizen and member of the civil society that should so request. Furthermore, the Commission shall transmit the list of non-cooperating third countries to the International Labour Organisation for the purposes of enhancing cooperation between the Union and those organisations aimed at preventing, deterring and eliminating forced labour.

Or. en

Justification

Amendment 60

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

Justification

This amendment introduces a centralised complaint mechanism, led by the Commission under the Network, built on the example of the IUU fishing Regulation. It complements the amendments which empower the Commission to launch investigations. As seafood is often imported and then traded within the internal market, a centralised complaint mechanism would allow the Commission to streamline the process and assess with Member States who is better placed to treat the complaint. This provision would also allow to harmonise the application of the Regulation among Member States.

Amendment 61

Proposal for a regulation

Article 24 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2 a. 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 or to the Commission 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

Justification

These provisions would ensure that complaints can be lodged in a safe and anonymous manner, and that the identity of those subject to forced labour are protected if needed. This ensures the protection of victims in the fisheries sector.

Amendment 62

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 63

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

Justification

This provision would enable the Network to mandate research in order to fill the data gap on forced labour in fisheries.

Amendment 64

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(d a) 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

Justification

This provisions would allow the Network to harmonise the application of the Regulation among Member States and avoid discrepancies to ensure equal implementation of its provisions with regards to seafood marketed in the EU.

Amendment 65

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(e a) 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

Justification

This provision would ensure that the Network cooperates with the European External Action Service and relevant delegations to address the root causes of forced labour for workers in fisheries.

Amendment 66

Proposal for a regulation

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

Text proposed by the Commission

Amendment

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

Or. en

Justification

This provision would ensure that the Network promotes cooperation with third countries and relevant EU and third-country stakeholders that operate within their territory. Sharing best practices will improve the effectiveness of the Regulation in the fisheries sector.

Amendment 67

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 support and encourage cooperation between enforcement authorities through the Network and participate in the meetings of the Network.

Or. en

Justification

This amendment ensures that the Commission plays a central and leading role in the Network building on the successful example of the IUU fishing Regulation and considering that seafood entering the EU market is often marketed in different Member States.

Amendment 68

Proposal for a regulation

Article 24 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

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

Or. en

Justification

In order to perform the tasks above, which are key to ensure an effective implementation of this Regulation with regards to seafood, the Network shall be provided with adequate financial resources.

Amendment 69

Proposal for a regulation

Article 30 a (new)

Text proposed by the Commission

Amendment

Article 30 a

Reporting obligations

1. Every year, Member States shall transmit a report to the Commission on the application of this Regulation no later than 30 April of the following calendar year.

The report shall contain, at least, the following information:

(a) The total budget allocated for the application of the Regulation;

(b) the number and type of complaints and submissions received;

(d) the type and number of follow-up actions taken following the confirmed violations, including mitigation, prevention and remediation measures.

2. On the basis of the reports submitted by the Member States and its own observations, the Commission shall draw up a report every two years to be submitted to the European Parliament and to the Council. The report should include information on countries identified as non-cooperating, countries for which the status of non-cooperating has been lifted and any available information regarding the measures taken by these countries to remedy the situation.

3. An evaluation of the impact of this Regulation shall be undertaken by the Commission by 3 years after the entry into force of the Regulation and every 3 years after.

Or. en

Justification

As pointed out by the International Labour Organisation, data on forced labour in fisheries are limited and incomplete. Reporting on this Regulation will ensure the collection of reliable data. Furthermore provisions on reporting, transparency and public access to information will increase accountability and thus promote a better implementation of this Regulation.