Next event: Text adopted by Parliament, 1st reading/single reading 2024/04/23 more...
- Decision by Parliament, 1st reading 2024/04/23
- Debate in Parliament 2024/04/22
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations 2024/03/20
- Coreper letter confirming interinstitutional agreement 2024/03/13
- Text agreed during interinstitutional negotiations 2024/03/13
- Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71) 2023/11/09
- Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71) 2023/11/08
- Committee report tabled for plenary, 1st reading 2023/10/26
- Vote in committee, 1st reading 2023/10/16
- Committee decision to open interinstitutional negotiations with report adopted in committee 2023/10/16
- Committee opinion 2023/07/19
- Committee opinion 2023/07/19
- Committee opinion 2023/07/18
- Committee opinion 2023/07/04
- Specific opinion 2023/05/30
Progress: Awaiting Council's 1st reading position
Lead committee dossier:
Legal Basis:
RoP 57, RoP 58, TFEU 114, TFEU 207
Legal Basis:
RoP 57, RoP 58, TFEU 114, TFEU 207Subjects
- 1.10 Fundamental rights in the EU, Charter
- 3.45.01 Company law
- 4.10.03 Child protection, children's rights
- 4.15.12 Workers protection and rights, labour law
- 6.10.08 Fundamental freedoms, human rights, democracy in general
- 6.10.09 Human rights situation in the world
- 6.20.02 Export/import control, trade defence, trade barriers
Events
The Committee on International Trade and the Committee on the Internal Market and Consumer Protection adopted the report by Samira RAFAELA (Renew, NL) and Maria-Manuel LEITÃO-MARQUES (S&D, PT) 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.
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Extended scope
Members proposed that the packaging, transportation and distribution of goods should be covered by the proposal, given the fact that these activities are an essential part of the goods supply chain and a sector where there is evidence of existence of forced labour.
Remediation
A new article has been included concerning remediation for victims by the economic operator. Remedial measures may include financial and non-financial compensation.
High-risk products
Members stated that products coming from specific geographical high-risk regions or countries where forced labour practices are systemic and widespread should be presumed to be in violation of the Regulation and should therefore be automatically subject to an investigation. Economic operators have the burden to disproof such presumption.
Guidelines
The amended text stated that the Commission should issue guidelines no later than 12 months (as opposed to 18 months as proposed by the Commission) after the entry into force of this Regulation, which shall cover guidance on:
- due diligence in relation to forced labour, including forced child labour and forced women and girl’s labour;
- remediation measures;
- meaningful stakeholder engagement;
- requirements that economic operators need to adhere to in order to prove that they have eliminated forced labour from their supply chains and corrective actions adopted to prevent future abuses.
Union Network Against Forced Labour Products
Members specified that the work of the Union Network Against Forced Labour Products should be coordinated by the Commission. The Network should, inter alia , aim to: (i) streamline the practices of the competent authorities within the Union that facilitate the implementation of joint enforcement activities by Member States, including joint investigations; (ii) facilitate capacity building activities, such as the organisation of training programmes for competent authorities and other relevant stakeholders; (iii) promote exchanges of personnel between competent authorities and, where appropriate, with the authorities of partner third countries or with international organisations; (iv) assist in the organisation of information campaigns and voluntary mutual visit programmes between competent authorities, (v) involve and facilitate the diplomatic representations of the Union to assist in the information gathering efforts of this Regulation.
Penalties
In order to ensure that penalties are effective and fair and to prevent a distorted approach to penalties in the internal market, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission. The Commission should define the method for the calculation of financial penalties and the thresholds applicable.
Evaluation and review
By one year after the date of application and every four years thereafter, the Commission should carry out an evaluation of this Regulation taking account of its objectives in particular with regard to reducing the number of products made with forced labour on the Union market, improving cooperation between competent authorities and strengthening the controls on products entering the Union market, while taking into account the impact on business and in particular on SMEs.
The report should also assess whether the scope should be enlarged to include services ancillary to the extraction, harvesting, production or manufacturing of products.
Lastly, the Commission should continuously monitor the impact of this Regulation on victims of forced labour, also paying particular regard to the situation of women and children.
PURPOSE: to lay down rules prohibiting the placing on the EU market of products made with forced labour, as well as their export from the EU.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: forced labour, including forced child labour, continues to be a major global issue, with the ILO estimating the global number of people in a situation of forced labour at around 27.6 million in 2021. 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.
The eradication of forced labour is a priority for the Union. However, there is no Union legislation that empowers Member States’ authorities to directly detain, seize, or order the withdrawal of a product on the basis of a finding that it was made, whether in whole or in part, with forced labour.
CONTENT: the objective of this proposal is to effectively prohibit the placing and making available on the EU market and the export from the EU of products made with forced labour , including forced child labour.
The prohibition covers domestically produced and imported products. In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, harvest and extraction, including working or processing related to the products. The prohibition should apply to all products, of any type, including their components, and should apply to products regardless of the sector , the origin, whether they are domestic or imported, or placed or made available on the Union market or exported.
The prohibition will contribute to the international efforts to eradicate forced labour. As for companies, the Regulation will act as an additional incentive to ensure that their supply chains are forced-labour free.
Designated competent authorities
EU Member States will be required to designate competent authorities responsible for implementing and enforcing the Regulation, with the necessary powers and resources. Member States' customs authorities will be in charge of enforcement at the EU borders. They will rely on the decisions by Member States' competent authorities to identify the products concerned and carry out controls for imports and exports.
Investigative process
The proposal puts in place an investigative process which will be carried out in two phases. In the preliminary phase , the authorities assess if there are well-founded reasons to suspect that products have been likely made with forced labour. If they determine that there is a substantiated concern of forced labour, they will proceed to the investigation phase .
Competent authorities will in all phases have to follow a risk-based approach. This means that they should focus their enforcement efforts where they are likely to be most effective, namely 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.
In carrying out investigations, competent authorities will examine all the information available to them. This includes: (i) independent and verifiable information on risks that forced labour has been used in the production process; (ii) information on market surveillance and compliance of products shared by other Member States; (iii) submissions made by third parties including civil society; (iv) information on whether a company carries out forced labour due diligence in its operations and supply chains.
Database and platform
The proposal also provides for the creation of a database of forced labour risk areas or products. Furthermore, a new platform ( EU Forced Labour Product Network ) will be created to ensure structured coordination and cooperation between competent authorities and the Commission.
Non-compliance and penalties
If the authorities have established that a product was made by forced labour, it cannot be sold in the EU, or exported from the EU. In case the product is already on the market, the company in question will be required to withdraw it from the market. It will also be required to dispose of the products . The economic operator concerned will bear the costs of disposing of the prohibited product . This will provide a strong deterrent and incentive for companies to comply. Furthermore, if a company does not follow the decision of a Member State under this Regulation, they face penalties under national law.
Documents
- Text adopted by Parliament, 1st reading/single reading: T9-0309/2024
- Decision by Parliament, 1st reading: T9-0309/2024
- Debate in Parliament: Debate in Parliament
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE759.952
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)001487
- Text agreed during interinstitutional negotiations: PE759.952
- Committee report tabled for plenary, 1st reading: A9-0306/2023
- Committee opinion: PE745.486
- Committee opinion: PE739.691
- Committee opinion: PE745.348
- Committee opinion: PE742.681
- Specific opinion: PE749.170
- Economic and Social Committee: opinion, report: CES5362/2022
- Contribution: COM(2022)0453
- Contribution: COM(2022)0453
- Contribution: COM(2022)0453
- Legislative proposal published: COM(2022)0453
- Legislative proposal published: EUR-Lex
- Economic and Social Committee: opinion, report: CES5362/2022
- Specific opinion: PE749.170
- Committee opinion: PE742.681
- Committee opinion: PE745.348
- Committee opinion: PE745.486
- Committee opinion: PE739.691
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)001487
- Text agreed during interinstitutional negotiations: PE759.952
- Text adopted by Parliament, 1st reading/single reading: T9-0309/2024
- Contribution: COM(2022)0453
- Contribution: COM(2022)0453
- Contribution: COM(2022)0453
Activities
- Seán KELLY
Plenary Speeches (0)
- Martin HOJSÍK
Plenary Speeches (0)
Amendments | Dossier |
505 |
2022/0269(COD)
2023/04/18
DEVE
230 amendments...
Amendment 100 #
Proposal for a regulation Recital 12 a (new) (12 a) Businesses can also contribute to addressing some of the more structural root causes of forced labour in high-risk locations linked to their business operations and supply chains. Examples of ongoing business efforts targeting root causes include measures to advance the fair recruitment of migrant workers, measures to help tackle poverty of workers in their supply chains through the adoption of living income programmes and measures to ban unfair trading practices in design or lead times.
Amendment 101 #
Proposal for a regulation Recital 12 a (new) (12 a) Promoting decent work and a human-centred future of work ensuring the respect of fundamental principles and human rights, promoting social dialogue as well as the ratification and effective implementation of relevant ILO conventions and protocols, strengthening responsible management in global supply chains and access to social protection are core priorities of the EU as enshrined in the EU Action Plan on Human Rights and Democracy 2020-2024.
Amendment 102 #
Proposal for a regulation Recital 12 a (new) Amendment 103 #
Proposal for a regulation Recital 13 a (new) (13 a) One of the reasons why forced labour products are available on the EU market is due to the lack of implementation of the relevant clauses and provisions of trade agreements or generalised systems of trade preferences. It is particularly concerning that '[t]he EU continues to pursue trade relations with countries assessed to have demonstrably poor records in relation to modern slavery practices, and which evidence little effort to improve in this area'1 d. _________________ 1 d External policy tools to address modern slavery and forced labour, Katarina SCHWARZ, Ergul CELIKSOY, Joanna SMĘTEK, Ewelina WOLOSIK, Katarzyna LUBIANIEC, Agnieszka MAKULEC, Todd LANDMAN, European Union, 2022 https://www.europarl.europa.eu/RegData/ etudes/STUD/2022/653664/EXPO_STU(2 022)653664_EN.pdf
Amendment 104 #
Proposal for a regulation Recital 14 (14) To complete the Union legislative and policy framework on forced labour, the placing and making available on the Union market products made with forced labour or exporting domestically produced or imported products made with forced labour should be prohibited and it should be ensured that those products are withdrawn from the Union market, and the enjoyment of the EU's generalised systems of trade preferences should be made genuinely conditional on the implementation of and compliance with minimum labour law and forced labour standards.
Amendment 105 #
Proposal for a regulation Recital 14 a (new) (14 a) In addition, import control mechanisms are essential to capture contexts where human rights due diligence to credibly identify, prevent, mitigate, and remediate forced labour at the affected supplier are impossible. This is particularly relevant in cases of state- imposed forced labour affecting all supply chains in an entire country or region, which thereby require the establishment of region-wide bans.
Amendment 106 #
Proposal for a regulation Recital 16 (16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, harvest and extraction, transport or storage, including working or processing related to the products. The prohibition should apply to all products, of any type, including their components, and should apply to products regardless of the sector, the origin, whether they are domestic or imported, or placed or made available on the Union market or exported.
Amendment 107 #
Proposal for a regulation Recital 18 (18) Micro, small and medium-sized enterprises (’SMEs’) can have limited resources and ability to ensure that the products they place or make available on the Union market are free from forced labour. The Commission should therefore issue guidelines on due diligence in relation to forced labour
Amendment 108 #
Proposal for a regulation Recital 18 (18) Micro, small and medium-sized enterprises (’SMEs’) can have limited resources and ability to ensure that the products they place or make available on the Union market are free from forced labour. The Commission should therefore issue guidelines on due diligence in relation to forced labour, which should take into account also the size and
Amendment 109 #
Proposal for a regulation Recital 18 a (new) (18 a) The Commission should, also, issue guidelines for affected stakeholders on filing information and non-judicial complaints through the centralised notification and non-judicial grievance mechanism, as well as meaningfully engage in the procedures set out in the Regulation. The Commission should make sure that such guidelines would be able to reach all affected stakeholders, especially vulnerable people, such as, children, women, migrants and other minorities.
Amendment 110 #
Proposal for a regulation Recital 18 a (new) (18 a) Remedy is a crucial part of the human rights due diligence process under the UNGPs and is critical to ensuring that a Forced Labour Instrument has a positive impact for workers and holds corporations to account. Remedy will encourage workers to come forward and report abuse. Accordingly, the Regulation must ensure the provision of effective remedy to affected rightholders.
Amendment 111 #
Proposal for a regulation Recital 18 b (new) (18 b) In particular, remediation processes and remedial action should be based on, and be aligned with, international standards of best practice, including through consultation with trade unions. Remedy may, for example, include apologies, restitution, rehabilitation and financial or non- financial compensation.
Amendment 112 #
Proposal for a regulation Recital 18 c (new) (18 c) In particular, the responsibility of importers to provide adequate remedy should also include an examination of their contribution through their bad purchasing practices, including predatory pricing, which may be pushing producing companies to resort to forced labour.
Amendment 113 #
Proposal for a regulation Recital 19 (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, to the extent that it is possible and financially feasible, that those authorities have sufficient resources and that their staff has the necessary competences and knowledge, especially with regard to human rights, including forced labour, 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.
Amendment 114 #
Proposal for a regulation Recital 19 a (new) (19 a) The fight against forced labour also relies on cooperation in the area of international criminal law with third countries and, in this respect, the EU should make the conclusion of trade agreements or the granting of trade preferences conditional on the existence of adequate legislation and inspection capacities in the countries concerned which are capable of effectively combating forced labour. The existence of such capacities should be confirmed, for instance, when ex-ante studies are carried out.
Amendment 115 #
Proposal for a regulation Recital 20 Amendment 116 #
Proposal for a regulation Recital 20 (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, particularly in the case of VSEs/SMEs, for whom the administrative burden must be lightened and the information requirements made proportionate.
Amendment 117 #
(20) In order to increase the effectiveness of the prohibition, competent authorities should grant reasonable time to economic operators to identify, prevent, mitigate,
Amendment 118 #
Proposal for a regulation Recital 20 (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, taking into account the size and resources of economic operators.
Amendment 119 #
Proposal for a regulation Recital 21 (21) When identifying potential violations of the prohibition, the Commission and competent authorities should follow a risk-based approach and assess all information available to them.
Amendment 120 #
Proposal for a regulation Recital 21 (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. The scale of the alleged violation shall be taken into account in this analysis.
Amendment 121 #
Proposal for a regulation Recital 22 (22)
Amendment 122 #
Proposal for a regulation Recital 22 (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
Amendment 123 #
Proposal for a regulation Recital 22 a (new) (22 a) During the investigation, the Commission and competent authorities shall engage with stakeholders with the genuine intention to understand how relevant stakeholder interests are affected by its activities, prior to taking decisions that may impact them and take into consideration their interests. It 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. It should ensure follow-through on implementation of agreed commitments, ensuring that adverse impacts to impacted and potentially impacted stakeholders are addressed.
Amendment 124 #
Proposal for a regulation Recital 22 a (new) (22 a) Any voluntary schemes subscribed to by the economic actors concerned shall be duly included among the measures referred to.
Amendment 125 #
Proposal for a regulation Recital 23 (23) In order to ensure cooperation among the Commission and 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.
Amendment 126 #
Proposal for a regulation Recital 24 (24) During the preliminary phase of investigation, the Commission and competent authorities should
Amendment 127 #
Proposal for a regulation Recital 24 (24) During the preliminary phase of investigation, competent authorities should focus on the economic operators involved in the steps of the
Amendment 128 #
(25) Competent authorities, when requesting information during the investigation, should
Amendment 129 #
Proposal for a regulation Recital 25 (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
Amendment 130 #
Proposal for a regulation Recital 26 (26)
Amendment 131 #
Proposal for a regulation Recital 27 (27)
Amendment 132 #
Proposal for a regulation Recital 28 (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. The decisions from the competent authorities shall be made publicly available.
Amendment 133 #
Proposal for a regulation Recital 29 (29) In
Amendment 134 #
Proposal for a regulation Recital 29 (29) In setting a reasonable time to comply with the order, competent authorities should take into account the size and
Amendment 135 #
Proposal for a regulation Recital 29 (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. In particular, VSEs/SMEs should be subject to proportionate obligations and benefit from a reduction in their administrative burden.
Amendment 136 #
Proposal for a regulation Recital 30 (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 imported, 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
Amendment 137 #
Proposal for a regulation Recital 31 (31) Economic operators should have the possibility to request a review of the decisions by the competent authorities, after having provided new relevant 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.
Amendment 138 #
Proposal for a regulation Recital 32 (32)
Amendment 139 #
Proposal for a regulation Recital 32 (32) Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information to the competent
Amendment 140 #
Proposal for a regulation Recital 32 (32) Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information to the competent authorities when it considers that products made with forced labour are placed and made available on the Union market and to be informed of the outcome of the assessment of their submission, as well as having the right to recourse once a decision is being made, by bringing in more information proving that forced labour is still present in the supply chain of the investigated economic operator. To enhance natural or legal persons and associations’ ability to submit such information to the competent authorities, the review of the Union Customs Code should enable public access to customs information.
Amendment 141 #
Proposal for a regulation Recital 32 a (new) (32 a) Member States shall establish mechanisms for handling complaints in accordance with their national legislation, while ensuring the necessary anonymity for complainants.
Amendment 142 #
Proposal for a regulation Recital 32 a (new) (32 a) The ILO forced labour instruments, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children and the Global Compact for Migration, together make clear that trafficking in persons for the purpose of forced labour cannot be eliminated through criminal law enforcement alone. Rather, a broad multidisciplinary approach is needed that is grounded in adherence to human rights, encompassing the need for effective gender- and age-responsive measures. Such measures, along with criminal justice responses, must focus on preventing and addressing the root causes of forced labour and on ensuring protection and remedies for the people already affected by it.
Amendment 143 #
Proposal for a regulation Recital 32 a (new) (32 a) It is estimated that about 11.8 million women and girls were in forced labour in 2021, which represents almost 43% of the total.1a It is therefore fundamental to ensure that this Regulation is implemented in a gender- responsive manner. Human rights violations are not gender neutral and should not be treated as such. Women are often disproportionately affected by adverse business practices, which requires a specific response to their needs. Competent authorities should apply a gender lens throughout all of the steps of the Regulation prohibiting products made with forced labour on the Union market, collect gender-disaggregated data and encourage economic operators to provide the requested information in a gender- sensitive way. _________________ 1a The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733 .pdf.
Amendment 144 #
Proposal for a regulation Recital 32 a (new) (32 a) Forced labour has an important gender dimension. Women are more likely to be coerced through wage non-payment and abuse of vulnerability, and forced commercial sexual exploitation constitutes a gendered crime worldwide. Therefore, a gender-responsive approach should be implemented by competent authorities, including gender sensitive assessments and disaggregated data.
Amendment 145 #
Proposal for a regulation Recital 32 b (new) (32 b) Child labour is one of the forms of forced labour that must be vigorously combated, in particular by promoting the implementation of the International Labour Organisation Convention 182 on the Worst Forms of Child Labour among partner countries1 a. _________________ 1a https://www.ilo.org/dyn/normlex/en/f?p=1 000:12100:0::NO::P12100_INSTRUME NT_ID,P12100_LANG_CODE:312327,en :NO
Amendment 146 #
Proposal for a regulation Recital 32 b (new) Amendment 147 #
Proposal for a regulation Recital 32 b (new) (32 b) As stated in Article 8 of the ILO Worst Forms of Child Labour Convention (N. 182), States parties shall take appropriate steps to assist one another in giving effect to the provisions of this Convention through enhanced international cooperation and/or assistance including support for social and economic development, poverty eradication programmes and universal education.
Amendment 148 #
Proposal for a regulation Recital 33 (33) The Commission should issue guidelines in order to facilitate the implementation of the prohibition by economic operators and competent authorities. Such guidelines should include guidance on due diligence in relation to forced labour and complementary information for the Commission and competent authorities to implement the prohibition. The guidance on due diligence in relation to forced labour should build on the Guidance on due diligence for Union businesses to address the risk of forced labour in their operations and supply chains published by the Commission and the European External Action Service in July 2021. The guidelines should be consistent with other Commission guidelines in this regard and relevant international organisations’ guidelines such as the UN Guiding Principles on Business and Human Rights and the OECD guidelines for Multinational Enterprises. The reports from international organisations, in particular the ILO, as well as other independent and verifiable sources of information should be considered for the identification of risk indicators.
Amendment 149 #
Proposal for a regulation Recital 34 (34) Decisions of the Commission and competent authorities establishing a violation of the
Amendment 150 #
Proposal for a regulation Recital 36 (36) Customs authorities that identify a product that may be covered by a decision communicated by competent authorities
Amendment 151 #
Proposal for a regulation Recital 37 (37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, they should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be
Amendment 152 #
Proposal for a regulation Recital 42 (42) To ensure effective enforcement decisions taken by the Commission or a competent authority in one Member State should be recognised and enforced by competent authorities in the other Member States regarding products
Amendment 153 #
Proposal for a regulation Recital 44 (44) To ensure effective enforcement of the prohibition, it is necessary to establish a network aimed at structured coordination and cooperation between the competent authorities of the Member States and
Amendment 154 #
Proposal for a regulation Recital 44 (44) To ensure effective enforcement of the prohibition, it is necessary to establish a network aimed at structured coordination and cooperation between the competent authorities of the Member States and, where appropriate, experts from customs authorities, and the Commission as well as the European Agency for Fundamental Rights, the European Labour Authority and other Union agencies with relevant expertise in the areas covered by the Regulation. Trade unions and other workers’ representatives, civil society representatives, international organisations, women and children organisations, especially in developing countries, shall be invited to collaborate with the Network. That network should also aim at streamlining the practices of the competent authorities within the Union that facilitate the implementation of joint enforcement activities by Member States, including joint investigations. That administrative support structure should allow the pooling of resources and maintain a communication and information system between Member States and the Commission, thereby helping to strengthen the enforcement of the prohibition.
Amendment 155 #
Proposal for a regulation Recital 44 (44) To ensure effective enforcement of the prohibition, it is necessary to establish a centralised complaint mechanism at EU level, as well as a network aimed at structured coordination and cooperation between the competent authorities of the Member States and, where appropriate, experts from customs authorities, and the Commission. That network should also aim at streamlining the practices of the competent authorities within the Union that facilitate the implementation of joint enforcement activities by Member States, including joint investigations. That administrative support structure should allow the pooling of resources and maintain a communication and information system between Member States and the Commission, thereby helping to strengthen the enforcement of the prohibition.
Amendment 156 #
Proposal for a regulation Recital 44 (44) To ensure effective enforcement of the prohibition, it is necessary to establish a network aimed at structured coordination and cooperation between the competent authorities of the Member States and, where appropriate, experts from customs authorities, and the Commission, civil society representatives and human rights defenders. That network should also aim at streamlining the practices of the competent authorities within the Union that facilitate the implementation of joint enforcement activities by Member States, including joint investigations. That administrative support structure should allow the pooling of resources and maintain a communication and information system between Member States and the Commission, thereby helping to strengthen the enforcement of the prohibition.
Amendment 157 #
Proposal for a regulation Recital 44 (44) To ensure effective enforcement of the prohibition, it is necessary to establish a network aimed at structured coordination and cooperation between the competent authorities of the Member States and, where appropriate, experts from customs authorities, and the Commission, or, if necessary, other experts deemed relevant. That network should also aim at streamlining the practices of the competent authorities within the Union that facilitate the implementation of joint enforcement activities by Member States, including joint investigations. That administrative support structure should allow the pooling
Amendment 158 #
Proposal for a regulation Recital 45 (45) Since forced labour is a global problem and given the interlinkages of the global
Amendment 159 #
(45) Since forced labour is a global problem and given the interlinkages of the global value chains, it is necessary to promote international cooperation against forced labour, which would also improve the efficiency of applying and enforcing the prohibition. The EU should continue close collaboration with international organisations in the form of joint projects, technical assistance and funding of initiatives targeting forced labour. The Commission should as appropriately cooperate with and exchange information with authorities of third countries and international organisations to enhance the effective implementation of the prohibition. International cooperation with authorities of non-EU countries should take place in a structured way as part of the existing dialogue structures, for example Human Rights Dialogues with third countries, or, if necessary, specific ones that will be created on an ad hoc basis. The EU should also expand, where appropriate, the use of restrictive measures in the framework of its Common Foreign and Security Policy against persons or entities that have been involved in the promotion or implementation of forced labour.
Amendment 160 #
Proposal for a regulation Recital 45 (45) Since forced labour is a global problem and given the interlinkages of the
Amendment 161 #
Proposal for a regulation Recital 45 (45) Since forced labour is a global problem and given the interlinkages of the global value chains, it is necessary to promote international cooperation against forced labour, which would also improve the efficiency of applying and enforcing the prohibition. The Commission should as appropriately cooperate with and exchange information with authorities of third countries and international organisations to enhance the effective implementation of
Amendment 162 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation lays down rules: A) prohibiting economic operators from importing, placing and making available on the Union market or exporting from the Union market products made with forced labour, and B) for remedial obligations for importers on economic operators for instances where forced labour is found.
Amendment 163 #
Proposal for a regulation Article 1 – paragraph 1 1. This 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, including state-imposed forced labour.
Amendment 164 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall not cover the withdrawal of products which have reached the
Amendment 165 #
Proposal for a regulation Article 2 – paragraph 1 – point a (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, taking into account the indicators set out in the ILO’s ‘Hard to See, Harder to Count’ guidelines;
Amendment 166 #
Proposal for a regulation Article 2 – paragraph 1 – point b (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, including the punishment for the expression of political views, for the purposes of economic development, as a means of labour discipline, as punishment for participation in strikes, or as a means of racial, religious or other discrimination;
Amendment 167 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) ‘due diligence in relation to forced labour’ means the
Amendment 168 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement mandatory
Amendment 169 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement mandatory requirements, mandatory and voluntary guidelines,
Amendment 170 #
Proposal for a regulation Article 2 – paragraph 1 – point c a (new) (c a) ‘bring to an end the use of forced labour’ means effective measures to address root causes of forced labour affecting specific supplier that supplies the economic operator that places or makes available in EU market; bringing to an end the use of forced labour shall not mean disengagement as first resort;
Amendment 171 #
Proposal for a regulation Article 2 – paragraph 1 – point c a (new) (c a) ‘bring to an end the use of forced labour’ means effective measures to address the root causes of forced labour that supplies the economic operator that places or makes the product available in the EU market. It shall not mean disengagement as first resort;
Amendment 172 #
Proposal for a regulation Article 2 – paragraph 1 – point c a (new) (c a) bringing to an end (the use of) forced labour shall not mean disengagement as first resort;
Amendment 173 #
Proposal for a regulation Article 2 – paragraph 1 – point c b (new) (c b) ‘root causes of forced labour’, for the purposes of the regulation, means at the level of a country or region, the issues of economic exploitation, poverty, systemic discrimination, lack of regular and decent labour migration pathways among others. At the level of an economic operator, it includes prices below cost of production, lack of living incomes and living wages and more generally any unfair purchasing practices;
Amendment 174 #
Proposal for a regulation Article 2 – paragraph 1 – point c b (new) (c b) 'root causes of forced labour' means the multi-faceted fundamental reasons for the occurrence of forced labour; this shall particularly look into exploitation, poverty, migration, prices below cost of production, lack of living incomes and living wages and unfair purchasing practices;
Amendment 175 #
Proposal for a regulation Article 2 – paragraph 1 – point c b (new) (c b) ‘root causes of forced labour’ means the multi-faceted fundamental reasons for the occurrence of forced labour; this shall particularly look into exploitation, poverty, migration, prices below cost of production, lack of living incomes and living wages and unfair purchasing practices;
Amendment 176 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) ‘making available on the market’ means any import or supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge and in the case where the product is offered for sale online or through other means of distance sales, the making available on the market is deemed to take place when the offer for sale is targeted at users in the Union;
Amendment 177 #
(f) ‘product’ means any product or services that can be valued in money and is capable, as such, of forming the subject of commercial transactions, whether it is performed, extracted, harvested, produced or manufactured, transported or stored, including working or processing related to a product at any stage of its supply chain;
Amendment 178 #
Proposal for a regulation Article 2 – paragraph 1 – point f (f) ‘product’ means any product that can be valued in money and is capable, as such, of forming the subject of commercial transactions, whether it is extracted, harvested, produced
Amendment 179 #
Proposal for a regulation Article 2 – paragraph 1 – point g (g) ‘product made with forced labour’ means a product for which forced labour has been used in whole or in part at any
Amendment 180 #
Proposal for a regulation Article 2 – paragraph 1 – point k (k) ‘product supplier’ means any natural or legal person or association of persons in the supply chain who performs services, extracts, harvests, produces or manufactures, transports or stores a product in whole or in part, or intervenes in the working or processing related to a product at any stage of its supply chain, whether as manufacturer or in any other circumstances;
Amendment 181 #
Proposal for a regulation Article 2 – paragraph 1 – point k (k) ‘product supplier’ means any natural or legal person or association of persons in the supply chain who extracts, harvests, produces
Amendment 182 #
Proposal for a regulation Article 2 – paragraph 1 – point m a (new) (m a) 'stakeholders' means (i) (vulnerable) workers who might be impacted by the product ban; ii) other third parties with legitimate interest or whose rights or interests are or could be affected, such as communities, as well as civil society actors including trade unions, workers (self) organisations and NGOs, other legal or natural persons defending human rights (‘human rights defenders’), including individuals, groups and organs of society that promote and protect universally recognised human rights and fundamental freedoms and labour conventions, indigenous peoples or other vulnerable stakeholders; and iii) organisations whose statutory purpose is the defence of human rights;
Amendment 183 #
Proposal for a regulation Article 2 – paragraph 1 – point m a (new) Amendment 184 #
Proposal for a regulation Article 2 – paragraph 1 – point m a (new) (m a) 'vulnerable stakeholders’ means individuals and right-holders groups finding themselves in marginalised situations and situations of vulnerability, due to specific contexts or intersecting factors, including among others their sex, gender, age, race, ethnicity, class, indigenous identity, migration status, disability, as well as social and economic status, which are the causes of differentiated and often disproportionate adverse impacts, and creates discrimination and additional barriers to participation and access to justice;
Amendment 185 #
Proposal for a regulation Article 2 – paragraph 1 – point m a (new) (m a) ‘affected stakeholders’ has the meaning attributed to it in Article 3 of the Directive 20XX/XX/EU on Corporate Sustainability Due Diligence of the European Parliament and of the Council;
Amendment 186 #
Proposal for a regulation Article 2 – paragraph 1 – point m b (new) (m b) '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 trade unions and NGOs and local communities, with particular attention to vulnerable stakeholders, such as workers who are undocumented or in the irregular economy, smallholders, and indigenous peoples;
Amendment 187 #
Proposal for a regulation Article 2 – paragraph 1 – point n (n)
Amendment 188 #
Proposal for a regulation Article 2 – paragraph 1 – point n (n) ‘substantiated concern’ means a well-founded reason, based on objective and verifiable information, for the competent authorities to suspect that
Amendment 189 #
Proposal for a regulation Article 2 – paragraph 1 – point p (p) ‘products entering the Union market’ means products from third countries, especially from developing countries, intended to be placed on the Union market or intended for private use or consumption within the customs territory of the Union and placed under the customs procedure ‘release for free circulation’;
Amendment 190 #
Proposal for a regulation Article 2 – paragraph 1 – point p (p) ‘products entering the Union market’ means products from third countries and EU Member States intended to be placed on the Union market or intended for private use or consumption within the customs territory of the Union and placed under the customs procedure ‘release for free circulation’;
Amendment 191 #
Proposal for a regulation Article 2 – paragraph 1 – point s a (new) (s a) 'SMEs’ means micro, small and medium-sized enterprises as defined in Directive 2013/34/EU;
Amendment 192 #
Proposal for a regulation Article 2 – paragraph 1 – point u a (new) Amendment 193 #
Proposal for a regulation Article 3 – paragraph 1 1. Economic operators shall not import, place or make available on the Union market products that are made, transported or stored with forced labour, nor shall they export such products. 2.The Commission or competent authorities may determine a violation in relation to products made with forced labour in either of the following cases: (a) a particular production site, or a group of production sites; (b) a particular operator or company, or group of operators or companies; (c) a particular transport vessel or fleet;or (d) a particular product group from a specific region or country. 3.The placement of a product on the Union market may, in accordance with the investigations and decision-making process set out in this Regulation, be excluded from free circulation in the EU, and products that have already entered may be recalled, provided they have not yet reached end-consumers. 4. Products produced in the EU and exported, and those imported into the EU are covered.
Amendment 194 #
Proposal for a regulation Article 3 a (new) Article 3 a Prohibition of products made with state- imposed forced labour Economic operators shall not place or make available on the Union market products that are made with state-imposed forced labour, nor shall they export such products. In case of systematic state-imposed forced labour, and where appropriate, the establishment of region-wide bans over specific groups of products, and, where relevant, shall be enacted, in alignment with the EU global human rights sanctions regime.
Amendment 196 #
Proposal for a regulation Article 4 – paragraph 1 – point a (a) submissions
Amendment 197 #
Proposal for a regulation Article 4 – paragraph 2 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
Amendment 198 #
Proposal for a regulation Article 4 – paragraph 3 – introductory part 3. Before initiating an investigation in accordance with Article 5(1), the competent authority shall request from the economic operators under assessment
Amendment 199 #
Proposal for a regulation Article 4 – paragraph 3 – introductory part 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, remediate, protect 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:
Amendment 200 #
Proposal for a regulation Article 4 – paragraph 6 6. The competent authority shall duly take into account where the economic operator demonstrates that it
Amendment 201 #
Proposal for a regulation Article 4 a (new) Article 4 a Evidence of forced labour 1. For the purposes of this Regulation, the existence of forced labour will be determined with reference to the indicators for forced labour set out by the ILO, which will be detailed by the European Commission in guidelines documents. 2. The indicators for forced labour will be determined by: (a) involuntariness, namely work for which a person has not offered themself voluntarily; and (b) penalty, or menace of a penalty, namely where the work is performed under the menace of a penalty to the worker, imposed by an employer or third party. 3. Evidence is to be assessed with reference to the ILO ‘Hard to See, Harder to Count’ guidance. 4. Where there is evidence of one indicator present under each of subparagraphs 2(a) and (b), there will be evidence of forced labour for the purposes of this Regulation.
Amendment 202 #
Proposal for a regulation Article 5 – paragraph 1 1.
Amendment 203 #
Proposal for a regulation Article 5 – paragraph 1 1. Competent authorities that, pursuant to Article 4(5) or to the information contained in the database referred to in Article 11, 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.
Amendment 204 #
Proposal for a regulation Article 5 – paragraph 1 a (new) 1 a. Where possible, on-the-ground assessment to understand underlying socio-economic and cultural reasons for forced labour. Where appropriate, assessment should be made in collaboration with existing collaborative multistakeholder initiatives to identify and respond to risks of adverse impacts associated with particular products, regions, sectors or industries.
Amendment 205 #
Proposal for a regulation Article 5 – paragraph 2 – introductory part 2.
Amendment 206 #
Proposal for a regulation Article 5 – paragraph 2 – point d (d) the possibility for the economic operators to submit any other document or information to the Commission or competent authority, and the date by which such information has to be submitted.
Amendment 207 #
Proposal for a regulation Article 5 – paragraph 2 – point d a (new) (d a) where the economic operator is informed about the investigation, the Commission and competent authorities shall order the suspension of the circulation of products under investigation.
Amendment 208 #
Proposal for a regulation Article 5 – paragraph 3 – introductory part 3. Where requested to do so by the Commission and 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:
Amendment 209 #
Proposal for a regulation Article 5 – paragraph 3 – point a (a)
Amendment 210 #
Proposal for a regulation Article 5 – paragraph 3 – point b Amendment 211 #
Proposal for a regulation Article 5 – paragraph 3 – point b (b) take into account the size and
Amendment 212 #
Proposal for a regulation Article 5 – paragraph 4 4. Economic operators shall submit
Amendment 213 #
Proposal for a regulation Article 5 – paragraph 5 5.
Amendment 214 #
Proposal for a regulation Article 5 – paragraph 5 5. When deciding on the time limits referred to in this Article, competent authorities shall consider the size and
Amendment 215 #
Proposal for a regulation Article 5 – paragraph 5 a (new) 5 a. Once the competent authority initiates an investigation it shall assess the possible impacts of any decision to be adopted pursuant to Article 6(4) on the affected workers and partner countries but also the economic operators taking into account their size and resources. That assessment shall be carried out with the meaningful engagement of affected stakeholders, as well as in consultation with authorities of the affected or potentially affected third countries, especially of affected or potentially affected developing countries.
Amendment 216 #
Proposal for a regulation Article 5 – paragraph 5 a (new) 5 a. Notwithstanding paragraph 5, competent authorities may conclude that there is substantiated concern on the basis of any other facts available where it was not possible to gather information and evidence pursuant to Article 4(1) or (4).
Amendment 217 #
Proposal for a regulation Article 5 – paragraph 6 6.
Amendment 218 #
Proposal for a regulation Article 6 – paragraph 1 1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish whether there is reasonable but not conclusive evidence that Article 3 has been violated, within
Amendment 219 #
Proposal for a regulation Article 6 – paragraph 3 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. This closing of the investigation for lack of proof shall not preclude the right of competent authority to start a new investigation into the same product should new information be made available.
Amendment 220 #
Proposal for a regulation Article 6 – paragraph 4 – introductory part 4. Where competent authorities establish that Article 3 has been violated, they shall
Amendment 221 #
Proposal for a regulation Article 6 – paragraph 4 – introductory part 4. Where competent authorities establish that Article 3 has been violated, they shall without delay adopt a decision, taking into account the outcome of the impact assessment referred to in Article 5(5), containing:
Amendment 222 #
Proposal for a regulation Article 6 – paragraph 4 – point c a (new) (c a) measures that economic operator must implement as to effectively address root causes of forced labour present on its value chain. This shall include engagement with their suppliers throughout the value chain and identify and address root causes leading to use of forced labour in the investigated product.
Amendment 223 #
Proposal for a regulation Article 6 – paragraph 4 – point c a (new) Amendment 224 #
Proposal for a regulation Article 6 – paragraph 4 – point c b (new) (c b) where applicable, an order to reform unfair purchasing practices should be made.
Amendment 225 #
Proposal for a regulation Article 6 – paragraph 6 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 provided remedy in accordance with Article 6(a) and eliminated forced labour from their operations or supply chain with respect to the products concerned, and that sustainable and effective processes have been put in place to prevent harms from continuing or taking place again in the future, the competent authorities shall withdraw their decision and inform the
Amendment 226 #
Proposal for a regulation Article 6 – paragraph 6 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 provide proof of effective remediation for workers victims of forced labour and have eliminated forced labour from their operations or supply chain with respect to the products concerned by addressing the root causes of forced labour found on its supply chain, the competent authorities shall withdraw their decision for the future and inform the economic
Amendment 227 #
Proposal for a regulation Article 6 – paragraph 6 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, provided the proof of effective remediation for workers victims of forced labour, the competent authorities shall withdraw their decision for the future and inform the economic operators.
Amendment 228 #
Proposal for a regulation Article 6 – paragraph 6 a (new) 6 a. To eliminate forced labour, the Commission’s Guidance on Due Diligence for EU businesses shall enable disengagement from a business relationship as a last resort solution only, in consistency with the United Nations Guiding Principles on Business and Human Rights (UNGPs).
Amendment 229 #
Proposal for a regulation Article 6 – paragraph 6 b (new) 6 b. If an economic operator determines that disengagement is the most appropriate action, it must strictly comply with national laws, international labour standards and the terms of collective bargaining agreements.
Amendment 230 #
Proposal for a regulation Article 6 a (new) Amendment 231 #
Proposal for a regulation Article 7 – paragraph 1 – point a a (new) (a a) measures that economic operator must implement as to effectively address root causes of forced labour present on its value chain. This shall include engagement with their suppliers throughout the value chain and identify and address root causes leading to use of forced labour in the investigated product;
Amendment 232 #
Proposal for a regulation Article 7 – paragraph 1 – point b (b) a reasonable time limit for the economic operators to comply with the order, which shall not be less than 30 working days and no longer than necessary to withdraw the respective products. When setting such a time limit, the Commission or competent authority shall where relevant take into account the economic operator’s
Amendment 233 #
Proposal for a regulation Article 7 – paragraph 1 – point b (b) a reasonable time limit for the economic operators to comply with the order, which shall not be less than 30 working days and no longer than necessary to withdraw the respective products. When setting such a time limit, the competent authority shall take into account the economic operator’s size and
Amendment 234 #
Proposal for a regulation Article 7 – paragraph 2 2. The Commission shall adopt
Amendment 235 #
Proposal for a regulation Article 8 – paragraph 1 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
Amendment 236 #
Proposal for a regulation Article 8 – paragraph 1 1.
Amendment 237 #
Proposal for a regulation Article 8 – paragraph 2 2. A request for a review of a decision adopted pursuant Article 6(4) shall contain relevant new information that was not brought to the attention of the competent authority during the investigation for reasons other than negligence. 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.
Amendment 238 #
Proposal for a regulation Article 8 – paragraph 3 3. A competent authority shall take a decision on the request for review within
Amendment 239 #
Proposal for a regulation Article 8 – paragraph 3 3.
Amendment 240 #
Proposal for a regulation Article 9 – paragraph 1 – point a (a) any decision not to initiate an investigation following
Amendment 241 #
Proposal for a regulation Article 10 – title Amendment 242 #
Proposal for a regulation Article 10 – title Submission of information and non- judicial complaints regarding violations of Article 3
Amendment 243 #
Proposal for a regulation Article 10 – paragraph -1 (new) Amendment 244 #
Proposal for a regulation Article 10 – paragraph 1 1.
Amendment 245 #
Proposal for a regulation Article 10 – paragraph 1 1. Submissions of information
Amendment 246 #
Proposal for a regulation Article 10 – paragraph 2 2. The competent authority shall, as soon as possible, inform the
Amendment 247 #
Proposal for a regulation Article 10 – paragraph 2 2. The competent authority shall, as soon as possible, inform the
Amendment 248 #
Proposal for a regulation Article 10 – paragraph 3 3. Directive (EU) 2019/1937 of the European Parliament and of the Council39shall apply to the reporting of all breaches of this Regulation and the protection of persons reporting such breaches. Additionally, Member States 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 in terms of the complaint or investigation, 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 deduced. _________________ 39 Directive (EU) 2019/1937 of the
Amendment 249 #
Proposal for a regulation Article 10 – paragraph 3 3. Directive (EU) 2019/1937 of the European Parliament and of the Council39shall apply to the reporting of all breaches of this Regulation and the protection of
Amendment 250 #
Proposal for a regulation Article 10 – paragraph 3 a (new) 3 a. adequate remediation should be foreseen in relation to the non-judicial grievance mechanism. In order to ensure that the following Regulation adequately complements the Directive 20XX/XX/EU on Corporate Sustainability Due Diligence of the European Parliament and of the Council, remediation, like for the mechanism, should align with the one which will be provided in the said Directive.
Amendment 251 #
Proposal for a regulation Article 11 – paragraph 1 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, sectors or with respect to specific products 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), and relevant external sources of information from, amongst others, international organisations and third country authorities. This database shall be easily accessible. The Commission, after consultation with competent authorities and other stakeholders, shall be empowered to declare a presumption of forced labour for products or groups of products, from specified countries or regions where there is reasonable suspicion of wide-spread forced labour, including state-imposed forced labour, in an entire product group in a specific industry, as well as production sites or groups of production sites included in the database referred to in paragraph 1. This decision shall be encoded in the same database as a risk database area.
Amendment 252 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable, evidence-based and regularly updated database of forced labour risks in specific geographic areas or with respect to specific products including with regard to forced labour imposed by state authorities.
Amendment 253 #
Proposal for a regulation Article 11 – paragraph 1 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 with respect to specific products 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), and relevant external sources of information from, amongst others, civil society, international organisations and third country authorities.
Amendment 254 #
Proposal for a regulation Article 11 – paragraph 2 2. The Commission shall ensure that the database is made publicly available by
Amendment 255 #
Proposal for a regulation Article 11 – paragraph 2 2. The Commission shall ensure that the database is made publicly available by the external expertise at the latest 24 months after the entry into force of this Regulation. The database shall be transparent and accessible to all.
Amendment 256 #
Proposal for a regulation Article 11 a (new) Amendment 257 #
Proposal for a regulation Article 12 – paragraph 4 4. The Commission shall make the list of the designated competent authorities and of the Central Complain Mechanism publicly available on its website and shall regularly update that list, based on the updates received from Member States.
Amendment 258 #
Proposal for a regulation Article 12 – paragraph 6 6. Member States shall confer on their competent authorities the power to impose penalties in accordance with Article 30, including with respect to the provision of remediation.
Amendment 259 #
Proposal for a regulation Article 13 – paragraph 1 a (new) 1a. In addition, the Commission is working towards optimising cooperation in the area of criminal law with the third countries concerned and, where appropriate and necessary, the exchange of best practices and information.
Amendment 260 #
Proposal for a regulation Article 14 – paragraph 1 1. Decisions taken by the Commission or 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
Amendment 261 #
Proposal for a regulation Article 14 – paragraph 2 2. A competent authority that has received, through the information and communication system referred to in Article 22(1), a request from the Commission or 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
Amendment 262 #
Proposal for a regulation Article 14 – paragraph 4 4. Before initiating an investigation in accordance with Article 5,
Amendment 263 #
Proposal for a regulation Article 14 – paragraph 6 a (new) 6 a. When the accumulation of new complaints and evidence against a product and/or an economic operator renders it meaningful, the Commission may take over the investigation duty from a competent authority.
Amendment 264 #
Proposal for a regulation Article 15 – paragraph 3 – point a (a) any decision to prohibit the importing, placing or making available of the products on the Union market and their export, as well as 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);
Amendment 265 #
Proposal for a regulation Article 23 – paragraph 1 – point a (a) guidance on due diligence in relation to forced labour, which shall take into account applicable Union legislation setting out due diligence requirements with respect to forced labour, guidelines and recommendations from international organisations, as well as the size and economic resources of economic operators; more specifically, the guidelines shall refer to the right to an effective remedy, including measures ensuring a gender- responsive and child-friendly approach which should include, among others, financial and non-financial compensation, apologies, restitution, rehabilitation, as well as the prevention of harm through, for example, injunctions or guarantees of non-repetition of forced labour. In all cases, remediation must be adapted to the specific context and condition of the rightsholder. The guidelines should also incorporate measures that cover the States' obligation to protect, providing specific measures for immediate assistance and rehabilitation and aimed to contribute to the access to long-term sustainable solutions, as a tool to help to recover and avoid re- victimization.
Amendment 266 #
Proposal for a regulation Article 23 – paragraph 1 – point a (a) guidance on due diligence in relation to forced labour, which shall take into account applicable Union legislation setting out due diligence requirements with respect to forced labour, guidelines and recommendations from international organisations, especially women and children organisations, as well as the size and
Amendment 267 #
Proposal for a regulation Article 23 – paragraph 1 – point a (a) guidance on due diligence in relation to forced labour, which shall take into account applicable Union legislation setting out due diligence requirements with respect to forced labour, guidelines and recommendations from international organisations, as well as the size and economic resources of economic operators
Amendment 268 #
Proposal for a regulation Article 23 – paragraph 1 – point a a (new) (a a) guidelines for economic operators for the identification of victims and risks, including the set up of a suppy chain mapping process and including references to specific high-risk sectors and areas;
Amendment 269 #
Proposal for a regulation Article 23 – paragraph 1 – point a b (new) (a b) guidelines to assist rightholders, including the specificities of vulnerable stakeholders, in order to facilitate access to justice, remedy and protection, as well as to foster participation and meaningful engagement with economic operators;
Amendment 270 #
Proposal for a regulation Article 23 – paragraph 1 – point b (b) information on risk indicators of forced labour, which shall be based on the indicators for forced labour set out by the ILO including in its ‘Hard to see, harder to count – Survey guidelines to estimate forced labour of adults and children’, on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, civil society, business organisations, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;
Amendment 271 #
Proposal for a regulation Article 23 – paragraph 1 – point c (c) a list of publicly and accesible available information sources of relevance for the implementation of this Regulation;
Amendment 272 #
Proposal for a regulation Article 23 – paragraph 1 – point e a (new) (e a) guidance for affected stakeholders on filing information and non-judicial complaints through the centralised notification and non-judicial grievance mechanism. The Commission should make sure that such guidelines would be able to reach all affected stakeholders, especially vulnerable people, such as, children, women, migrants and other minorities;
Amendment 273 #
Proposal for a regulation Article 24 – paragraph 2 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 as well as the European Agency for Fundamental Rights, the European Labour Authority and other Union agencies with relevant expertise in the areas covered by the Regulation. Trade unions and other workers’ representatives, civil society representatives, international organisations, women and children organisations, especially in developing countries, shall be invited to collaborate with the Network.
Amendment 274 #
Proposal for a regulation Article 24 – paragraph 2 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, civil society representatives and human rights defenders.
Amendment 275 #
Proposal for a regulation Article 24 – paragraph 2 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, or other relevant stakeholders as appropriate.
Amendment 276 #
Proposal for a regulation Article 24 – paragraph 2 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, civil society organisations and trade unions.
Amendment 277 #
Proposal for a regulation Article 24 – paragraph 3 – point a (a) facilitate the identification of common priorities for enforcement activities, including, where appropriate, in third countries, especially in developing countries, to exchange information, expertise and best practices;
Amendment 278 #
Proposal for a regulation Article 24 – paragraph 3 – point a (a) facilitate the identification of common priorities for enforcement activities, to exchange information, expertise and best practices ensuring a gender-responsive and child-friendly approach;
Amendment 279 #
Proposal for a regulation Article 24 – paragraph 3 – point b (b) conduct joint investigations and facilitate cooperation in the area of criminal law with third countries outside the EU;
Amendment 280 #
Proposal for a regulation Article 24 – paragraph 3 – point b (b) conduct joint investigations, including, where appropriate, in third countries and especially in developing countries;
Amendment 281 #
Proposal for a regulation Article 24 – paragraph 3 – point b (b) conduct joint investigations and reinforce national and transnational referral mechanisms;
Amendment 282 #
Proposal for a regulation Article 24 – paragraph 3 – point c (c) facilitate capacity building activities and contribute to uniform risk- based approaches and administrative practices for the implementation of this Regulation in the Member States and, where appropriate, in third countries, especially in developing countries;
Amendment 283 #
Proposal for a regulation Article 24 – paragraph 3 – point f (f) to promote the cooperation and exchange of expertise and best practices between competent authorities and customs authorities and, where appropriate, with third country authorities, especially developing country authorities, as well as civil society organisations and international organisations, especially women and children organisations;
Amendment 284 #
Proposal for a regulation Article 24 – paragraph 3 – point f (f)
Amendment 285 #
Proposal for a regulation Article 24 – paragraph 3 – point f (f) to promote the cooperation and exchange of expertise and best practices between competent authorities and customs authorities
Amendment 286 #
Proposal for a regulation Article 24 – paragraph 3 – point f (f) to promote the cooperation and exchange of expertise and best practices between competent authorities
Amendment 287 #
Proposal for a regulation Article 24 – paragraph 3 – point f a (new) (f a) build a common ground aimed to foster cooperation with third countries' competent authorities, international organisations, trade union, civil society organisations and human rights defenders operating outside the EU.
Amendment 288 #
Proposal for a regulation Article 24 – paragraph 3 – point f a (new) (f a) manage the notification and non- judicial grievance mechanism.
Amendment 289 #
Proposal for a regulation Article 24 – paragraph 5 a (new) 5 a. The EU delegations, particularly in countries/regions established as of high risk for forced labour, shall also be involved in the work of this Network. Dedicated programmes shall be developed for EU delegations to support third countries efforts to eradicate forced labour.
Amendment 290 #
Proposal for a regulation Article 25 – paragraph 2 2. Where requested, the Commission, Member States and competent authorities shall treat the identity of those who provide information, or the information provided, as confidential. A request for confidentiality shall be accompanied by comprehensive protection services, when requested, and by a non-confidential summary of the information supplied or by a statement of the reasons why the information cannot be summarised in a non-confidential manner.
Amendment 291 #
Proposal for a regulation Article 26 – paragraph 1 1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission
Amendment 292 #
Proposal for a regulation Article 26 – paragraph 1 1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission
Amendment 293 #
Proposal for a regulation Article 26 – paragraph 1 1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission may as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries,
Amendment 294 #
Proposal for a regulation Article 26 – paragraph 1 1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission may as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries,
Amendment 295 #
Proposal for a regulation Article 26 – paragraph 1 1. In order to facilitate effective implementation and enforcement of this Regulation and to jointly work on tackling (the root causes of) forced labour, the Commission shall may as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, business organisations and civil society representatives
Amendment 296 #
Proposal for a regulation Article 26 – paragraph 1 1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission may as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, representatives of the business community, including VSEs/SMEs, civil society representatives and business organisations, including sectoral federations. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis.
Amendment 297 #
Proposal for a regulation Article 26 – paragraph 2 2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, civil society representatives, business organisations and competent authorities of third countries
Amendment 298 #
Proposal for a regulation Article 26 – paragraph 2 2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, women and children organisations, civil society representatives, business organisations and competent authorities of third countries, especially in developing countries, as well as any other affected stakeholder, including those collaborating with the Network may result in the Union developing accompanying measures to support the efforts of companies and partner countries
Amendment 299 #
Proposal for a regulation Article 26 – paragraph 2 2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, civil society representatives, business organisations and competent authorities of third countries may result in the Union developing accompanying measures to support the efforts of companies, with particular attention paid to the Union's VSEs/SMEs, and partner countries efforts and locally available capacities in tackling forced labour.
Amendment 300 #
Proposal for a regulation Article 26 – paragraph 2 2. For the purposes of paragraph 1, cooperation with, amongst others,
Amendment 301 #
Proposal for a regulation Article 26 – paragraph 2 a (new) 2 a. The following accompanying measures are notably foreseen: (a) supportive development policies to governments in producer countries to guarantee, protect and fultfil their international human rights obligations to implement decent labour conditions, inter alia by: (i) removing barriers to freedom of expression and association, and increased recognition of land rights; (ii) building national social protection floor, in order to reduce vulnerability to forced or compulsory labour; (iii) providing social and economic assistance, including access to educational and training opportunities and access to decent work, notably for at- risk population groups to increase their employability and income-earning opportunities and capacity; (iv) developing coherent policies, such as employment and labour migration policies, which take into account the risks faced by specific groups of migrants, including those in an irregular situation, and address circumstances that could result in forced labour situations. (b) supporting partner countries to develop encompassing National Action Plans on Forced Labour, with the aim to: (i) address the root causes of workers’ vulnerability to forced or compulsory labour; (ii) adopt and strengthen legislation on forced labour, covering the employment relationship of all sectors of the economy; (iii) provide effective protective measures to meet the needs of all victims, irrespective of their status (age, gender, ethnicity, migration status or any other ground for discrimination), for both immediate assistance and long-term recovery and rehabilitation; (iv) strengthen the enforcement of laws and prosecution; (v) raise awareness and engagement, especially for those who are most at risk of becoming victims of forced or compulsory labour, including migrants, to inform them, inter alia, about how to protect themselves against fraudulent or abusive recruitment and employment practices, their rights and responsibilities at work, how to gain access to assistance in case of need and about the sanctions for violating the prohibition on forced or compulsory labour.
Amendment 302 #
Proposal for a regulation Article 26 – paragraph 2 a (new) 2a. In the context of the dialogue on generalised trade preferences, the EU shall emphasise respect for the core labour standards of the International Labour Organisation in relation to forced labour, as well as in general in its bilateral dialogue with the third countries concerned.
Amendment 303 #
Proposal for a regulation Article 26 – paragraph 2 a (new) 2 a. The Commission and Member States shall develop cooperation and partnership mechanisms with third countries to address the root causes of forced labour, and build the capacity of upstream economic actors to respond to the requirements under this Regulation.
Amendment 74 #
Proposal for a regulation Recital 1 (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
Amendment 75 #
Proposal for a regulation Recital 1 (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 (as well as the related practices of slavery and human trafficking) 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 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 is exacted from persons that have not offered it themselves voluntarily
Amendment 76 #
Proposal for a regulation Recital 1 a (new) (1 a) Several ILO standards explicitly prohibit forced labour or related practices among specific categories of vulnerable workers. These include the Worst Forms of Child Labour Convention, 1999 (No. 182), the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), and the Indigenous and Tribal Peoples Convention, 1989 (No. 169).
Amendment 77 #
Proposal for a regulation Recital 2 (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
Amendment 78 #
Proposal for a regulation Recital 2 (2) The use of forced labour is widespread in the world, and its prevalence has risen in the last years. It is estimated that about 27.6 million people were in forced labour in 2021.
Amendment 79 #
Proposal for a regulation Recital 2 (2) The use of forced labour is widespread in the world. It is estimated that about 27.6 million people, including 3.3 million children, were in forced labour in 2021.18Vulnerable and marginalised groups in a society
Amendment 80 #
Proposal for a regulation Recital 2 a (new) (2 a) Even though forced labour can be found in a large number of sectors, some sectors, such as textiles, are particularly affected. The textile, clothing, leather and footwear sector (TCLF) is one of the largest sectors in the global economy and is characterised by poor working conditions and workers’ rights violations, with the majority of workers being women and children. The TCLF supply chain has become increasingly buyer-driven, which has led to low prices, increased time pressure and poor payment terms to the workers and these conditions fuel and exacerbate the risk of labour rights abuses in TCLF producing factories as well as the conditions of forced labour.
Amendment 81 #
Proposal for a regulation Recital 3 (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
Amendment 82 #
Proposal for a regulation Recital 3 (3) The eradication of forced labour is a priority for the Union. This Regulation aims to ban from the EU market products that have been produced, extracted or harvested using forced labour and, as ultimate objective, to eradicate forced labour by addressing its root causes. 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 _________________ 19 For instance paras. 89 and 102 in
Amendment 83 #
Proposal for a regulation Recital 3 (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 explicitly prohibits slavery, servitude, forced or compulsory labour and trafficking in human beings, and Article 4 of the European Convention on Human Rights provides 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 _________________ 19 For instance paras. 89 and 102 in
Amendment 84 #
Proposal for a regulation Recital 3 (3) The eradication of forced labour, including but not limited to child 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
Amendment 85 #
Proposal for a regulation Recital 3 a (new) (3 a) Article 31 of the EU Charter of Fundamental Rights recognizes the right for every worker to fair and just working conditions which respect to his or her health, safety and dignity.
Amendment 86 #
Proposal for a regulation Recital 5 (5) Through its policies and legislative
Amendment 87 #
Proposal for a regulation Recital 5 (5) Through its policies and legislative initiatives the Union seeks to eradicate the use of forced labour, while policy coherence for development and cooperation at all levels remains an indispensable principle to put those policies into practice. 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.
Amendment 88 #
Proposal for a regulation Recital 5 (5) Through its policies and legislative initiatives, the Union seeks to eradicate (the use of) forced labour and promote decent work and labour rights worldwide. 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 or placing goods in the Union.
Amendment 89 #
Proposal for a regulation Recital 5 a (new) (5 a) The Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe sets ‘Protecting and empowering individuals’ as the first priority of the Thematic Programme on Human Rights and Democracy Multi- Annual Indicative Programming 2021- 2027, which covers the promotion of decent working conditions for all, aiming to contribute to the eradication of forced labour and highlighting the need for supporting civil society on this regard.
Amendment 90 #
Proposal for a regulation Recital 5 a (new) (5 a) Furthermore, the EU's development cooperation and trade policy tools must be used to combat forced labour, including child labour, by making greater and more systematic use of the conditionality mechanisms provided for, inter alia, in trade agreements and generalised trade preference schemes.
Amendment 91 #
Proposal for a regulation Recital 6 (6) Union trade policy supports the fight against forced labour in both unilateral and bilateral trade relationships. The trade and sustainable development chapters of Union trade agreements contain a commitment to ratify and effectively implement the fundamental ILO Conventions, which include ILO Convention No. 29 and ILO Convention No. 105, although this commitment is not truly binding. Moreover, unilateral trade preferences under the Union’s General Scheme of Preferences could be withdrawn for serious and systematic violations of ILO Convention No. 29 and ILO Convention No. 105.
Amendment 92 #
Proposal for a regulation Recital 6 (6) Union trade policy supports the fight against forced labour in both unilateral and bilateral trade relationships. The trade and sustainable development chapters of Union trade agreements contain a commitment to ratify and effectively implement the all fundamental ILO Conventions, which include ILO Convention No. 29 and ILO Convention No. 105. Moreover, unilateral trade preferences under the Union’s General Scheme of Preferences could be withdrawn for serious and systematic violations of ILO Convention No. 29 and ILO Convention No. 105.
Amendment 93 #
Proposal for a regulation Recital 6 a (new) (6 a) Strengthening the application of the trade and development chapters of trade agreements would be effective in combating forced labour, but this implies that violations of the provisions set out in these chapters should be accompanied by sanctions. In this regard, the effectiveness of these chapters in promoting social standards and international labour law remains questionable at present
Amendment 94 #
Proposal for a regulation Recital 7 (7) The Anti-trafficking Directive (Directive 2011/36/EU) of the European Parliament and of the Council21(the Anti- trafficking Directive) harmonises the definition of trafficking in human beings, including forced labour or services, and establishes minimum penalties. Any rules laid down concerning the prohibition of placing and making available on the Union market domestic or imported products made with forced labour, or exporting such products, and the obligation to ensure that such products are withdrawn from the Union market (‘the prohibition’), should be without prejudice to that Directive, and in particular to the competence of law enforcement and judicial authorities to investigate and prosecute offences on trafficking in human beings, including labour exploitation, as well as preventing and combating trafficking in human beings and protecting its victims, particularly by strengthening victims’ rights in the areas of non-punishment, assistance and support, safe reporting, complaint mechanisms and remedies including compensation. _________________ 21 Directive 2011/36/EU of the European
Amendment 95 #
Proposal for a regulation Recital 7 a (new) Amendment 96 #
Proposal for a regulation Recital 8 (8) [In particular, Directive 20XX/XX/EU on Corporate Sustainability Due Diligence sets out horizontal due diligence obligations to identify, prevent, mitigate and account for actual and potential adverse impacts on human rights, including forced labour, and the environment in the company’s own operations, its subsidiaries and in its value chains, in accordance with international human and labour rights standards and environmental conventions.
Amendment 97 #
Proposal for a regulation Recital 8 a (new) (8 a) Throughout, effective due diligence requires the meaningful engagement of stakeholders, including workers, their representative organisations, and community members, as they are best positioned to identify local risks and help formulate the most appropriate mitigation strategies. Attention should focus on identifying, prioritizing, and acting on “hotspots” where the risk of forced labour and other human rights abuses is highest in terms of both severity and scale. Particularly important in this context are the informal micro- and small enterprises operating at the lower links of supply chains in high- risk sectors and locations, often in raw materials extraction and production, where forced labour and other human rights abuses are often most pronounced.
Amendment 98 #
Proposal for a regulation Recital 12 (12) As recognised in the Commission’s Communication on decent work worldwide29, notwithstanding the current policies and legislative framework, further action is needed to achieve the objectives of eliminating forced-labour products from the Union market and, hence, further contributing to the fight against forced labour worldwide.
Amendment 99 #
Proposal for a regulation Recital 12 (12) As recognised in the Commission’s Communication on decent work worldwide29, notwithstanding the current policies and legislative framework, further action is needed to achieve the objectives of eliminating forced-labour products from the Union market and, hence, further contributing to the fight against forced labour worldwide. These measures should concern, in particular, the effective application of conditionality mechanisms provided for in trade agreements and generalised systems of preferences, as well as other possible mechanisms relating, for example, to imports. _________________ 29 Communication 23 March 2022 from the
source: 746.701
2023/05/03
AFET
179 amendments...
Amendment 100 #
Proposal for a regulation Article 2 – paragraph 1 – point c a (new) (ca) ‘root causes of forced labour’ means at the level of a country or region, the issues of economic exploitation, poverty, systemic discrimination and the lack of regular and decent labour migration pathways among others. At the level of an economic operator, it includes prices below the cost of production, the lack of living incomes and living wages and more generally any unfair purchasing practices;
Amendment 101 #
Proposal for a regulation Article 2 – paragraph 1 – point c a (new) (ca) ‘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 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 the engagement of economic operators with the genuine intention to understand how relevant stakeholders’ interests are affected by their activities; it also includes the 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;
Amendment 102 #
Proposal for a regulation Article 2 – paragraph 1 – point c b (new) (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 trade unions and NGOs and local communities, with particular attention to vulnerable stakeholders, such as workers who are undocumented or in the irregular economy, smallholders, and indigenous peoples;
Amendment 103 #
(cb) ‘remediation’ refers both to the processes of providing remedy for an adverse impact on human rights, and to the substantive outcomes that can counteract, or make good, the adverse impact, including: restitution, rehabilitation, financial or non-financial compensation (including establishing compensation funds for victims), punitive sanctions (whether criminal or administrative, such as fines), as well as prevention of harm through, for example, injunctions or guarantees of non- repetition, and where accompanied by one or more of the other measures, apologies. Remediation shall be provided according to the context and needs of each victim of forced labour;
Amendment 104 #
Proposal for a regulation Article 2 – paragraph 1 – point f (f) ‘product’ means any product or services that can be valued in money and is capable, as such, of forming the subject of commercial transactions, whether it is performed, extracted, harvested, produced
Amendment 105 #
Proposal for a regulation Article 2 – paragraph 1 – point g (g) ‘product made with forced labour’ means a product for which forced labour has been used in whole or in part at any stage of its extraction, harvest, production or manufacture, including working or processing related to a product at any stage of its supply chain, including the transport and shipping of the product towards or within the Union market;
Amendment 106 #
Proposal for a regulation Article 2 – paragraph 1 – point k (k) ‘product supplier’ means any natural or legal person or association of persons in the supply chain who performs services, extracts, harvests, produces
Amendment 107 #
Proposal for a regulation Article 2 – paragraph 1 – point m a (new) (ma) ‘stakeholders’ means: (i) workers and other individuals, groups, communities, trade unions, worker representatives or entities whose rights or interests are or could be affected by the forced labour as used by an economic operator, its subsidiaries or its business relationships; (ii) other legal or natural persons defending human rights (‘human rights defenders’), including individuals, groups and organs of society that promote and protect universally recognised human rights and fundamental freedoms and labour conventions, including the rights of workers, trade unions, indigenous peoples or other vulnerable stakeholders; and (iii) organisations whose statutory purpose is the defence of human rights;
Amendment 108 #
Proposal for a regulation Article 2 – paragraph 1 – point u a (new) (ua) ‘relevant stakeholders’ or ‘stakeholders’ means vulnerable workers or employees who might be impacted by the product ban as well as other third parties with legitimate interest or whose rights or interests are or could be affected, such as communities, as well as civil society actors including trade unions, workers organisations and NGOs and any other legal or natural persons defending human rights (‘human rights defenders’) that promote and protect universally recognised human rights and fundamental freedoms and labour conventions, indigenous peoples or other vulnerable stakeholders;
Amendment 109 #
Proposal for a regulation Article 2 – paragraph 1 – point u a (new) (ua) ‘remediation’ means both the process of providing remedy for a negative human rights impact and the substantive outcomes that can counteract, or make good, the negative impact. These outcomes may take a range of forms such as apologies, restitution, rehabilitation, financial or non-financial compensation, as well as the prevention of harm through, for example, injunctions or guarantees of non-repetition. Remediation shall be provided according to the context and needs of each victim of forced labour;
Amendment 110 #
Proposal for a regulation Article 2 – paragraph 1 – point u a (new) (ua) ‘root causes of forced labour’ means at the level of a country or region, the issues of economic exploitation, poverty, systemic discrimination, and the lack of regular and decent labour migration pathways among others. At the level of an economic operator, it includes prices below the cost of production, the lack of living incomes and living wages and more generally any unfair purchasing practices;
Amendment 111 #
Proposal for a regulation Article 2 – paragraph 1 – point u a (new) (ua) ‘forced labour risk areas’ means those countries or regions where there is evidence of wide-spread and/or systemic forced labour, including state-imposed forced labour, in an entire product group in a specific industry;
Amendment 112 #
Proposal for a regulation Article 2 – paragraph 1 – point u b (new) (ub) ‘stakeholders’ means: (i) workers who might be impacted by the product ban; (ii) other third parties with legitimate interest or whose rights or interests are or could be affected, such as communities, as well as civil society actors including trade unions, workers organisations and NGOs; other legal or natural persons defending human rights (‘human rights defenders’), including individuals, groups and organs of society that promote and protect universally recognised human rights and fundamental freedoms and labour conventions, indigenous peoples or other vulnerable stakeholders; and (iii) organisations whose statutory purpose is the defence of human rights;
Amendment 113 #
Proposal for a regulation Article 2 – paragraph 1 – point u b (new) (ub) ‘affected stakeholders’ means the company’s employees, the employees of its subsidiaries, employees within its supply chain and other relevant individuals, groups, communities or entities whose rights or vested interests are or could be directly affected by the potential and actual impacts connected to the use of forced labour in the supply chain for the company’s products;
Amendment 114 #
Proposal for a regulation Article 4 – paragraph 1 – introductory part 1. Competent authorities shall follow
Amendment 115 #
Proposal for a regulation Article 4 – paragraph 2 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
Amendment 116 #
Proposal for a regulation Article 4 – paragraph 3 – introductory part 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
Amendment 117 #
Proposal for a regulation Article 4 – paragraph 3 – introductory part 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, remediate 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:
Amendment 118 #
Proposal for a regulation Article 4 – paragraph 3 – point d a (new) (da) evidence of remediation of forced labour.
Amendment 119 #
Proposal for a regulation Article 4 – paragraph 6 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 remediating and bringing to an end forced labour in a short period of time.
Amendment 120 #
Proposal for a regulation Article 4 – paragraph 7 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
Amendment 121 #
Proposal for a regulation Article 5 – paragraph 3 – introductory part 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 order to protect all affected stakeholders and due to the sensitive nature of some of the information disclosed, the content of the investigation shall be treated as confidential where appropriate. In requesting such information, competent authorities shall to the extent possible:
Amendment 122 #
Proposal for a regulation Article 5 – paragraph 3 – point a (a)
Amendment 123 #
Proposal for a regulation Article 5 – paragraph 3 – point a (a) prioritise the economic operators under investigation involved in the steps of the
Amendment 124 #
Proposal for a regulation Article 5 – paragraph 3 – point b Amendment 125 #
Proposal for a regulation Article 5 – paragraph 3 – point b (b) take into account the size and economic resources of the economic operators, the quantity of products concerned,
Amendment 126 #
Proposal for a regulation Article 5 – paragraph 3 a (new) 3a. Competent authorities shall ensure the interactive, responsive and ongoing process of meaningful engagement of relevant stakeholders, including by inviting them to submit any information that is relevant and necessary for the investigation.
Amendment 127 #
Proposal for a regulation Article 5 – paragraph 4 4. Economic operators and relevant stakeholders shall submit the information within 15 working days from the request referred to in paragraph 3 or make a justified request for an extension of that time limit.
Amendment 128 #
Proposal for a regulation Article 5 – paragraph 5 5.
Amendment 129 #
Proposal for a regulation Article 5 – paragraph 6 6. Competent authorities may carry out all necessary checks and inspections including investigations in third countries
Amendment 130 #
Proposal for a regulation Article 5 – paragraph 6 6. Competent authorities may carry out all necessary checks and inspections including investigations
Amendment 131 #
Proposal for a regulation Article 6 – paragraph 4 – point c a (new) (ca) an order for the economic operator to provide remediation to affected workers according to their individual responsibilities as identified under Article 5(3). The remediation plan and its implementation strategy shall be agreed upon between competent authorities, upon meaningful consultation of affected workers and stakeholders.
Amendment 132 #
Proposal for a regulation Article 6 – paragraph 4 – point c a (new) (ca) an order for the economic operator to provide remediation to affected workers according to their individual responsibilities. The remediation plan and its implementation strategy shall be agreed upon between competent authorities, upon meaningful consultation of affected workers, trade unions and relevant stakeholders.
Amendment 133 #
6. Where economic operators provide evidence to the competent authorities that they have complied with the decision referred to in paragraph 4,
Amendment 134 #
Proposal for a regulation Article 6 – paragraph 6 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 provided remedy in accordance with Article 6a and eliminated forced labour from their operations or supply chain with respect to the products concerned, and that sustainable and effective processes have been put in place to prevent harms from continuing or taking place again in the future, the competent authorities shall withdraw their decision
Amendment 135 #
Proposal for a regulation Article 6 – paragraph 6 – subparagraph 1 a (new) At the exception of situations of State- imposed forced labour, the obligation to eliminate forced labour cannot be fulfilled by simply disengaging from their operators. Pursuing prevention, minimisation and remediation efforts where appropriate, shall be sought if there is reasonable expectation that these efforts are to succeed in accordance with a joint time-bound plan.
Amendment 136 #
Proposal for a regulation Article 6 – paragraph 6 – subparagraph 1 b (new) Termination of the business relationship with respect to the activities concerned shall only be considered if the potential adverse impact is severe and repeated prevention and mitigation attempts did not lead to meaningful action by the partner in question, or when ceasing the impact is impossible, in particular due to a state- imposed nature. Economic operators shall engage meaningfully with stakeholders impacted by the decision especially affected workers - to disengage before reaching this decision, and shall address the adverse impacts related to the decision to disengage and pursue remediation of past adverse impacts where appropriate.
Amendment 137 #
Proposal for a regulation Article 6 a (new) Article 6a Evidence of remediation measures shall include evidence of the following: (a) financial and non-financial compensation, including payment of all due wages and compensation for moral and material damages 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, including relevant arrangements for restoring, renewing and/or obtaining relevant documents such as visas and work permits, and returning their passport and any other personal documents; (c) rehabilitation, for example, provision of treatment or counselling; (d) effective preventative measures and guarantees of non-reoccurrence of forced labour; and where it is accompanied by one or more of the above measures, apologies; (e) other remediation measures as agreed upon by affected workers and stakeholders and the economic operators; Evidence that remediation measures have been correctly implemented shall be obtained in consultation of the affected workers and stakeholders and their representatives.
Amendment 138 #
Proposal for a regulation Article 7 – paragraph 1 – point b (b) a reasonable time limit for the economic operators to comply with the order, which shall not be less than 30 working days and no longer than necessary to withdraw the respective products. When setting such a time limit, the Commission or competent authority shall where relevant take into account the economic operator’s
Amendment 139 #
Proposal for a regulation Article 8 – paragraph 5 5. Economic operators and third parties 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.
Amendment 140 #
Proposal for a regulation Article 9 – paragraph 2 2. The Commission shall make available the decisions, and the withdrawals referred to in the paragraph 1, points (c), (d), (e) and (g) on a dedicated website which is publicly accessible and includes a list of all sanctioned products, production sites or regions.
Amendment 141 #
Proposal for a regulation Article 10 – title Amendment 142 #
Proposal for a regulation Article 10 – paragraph 1 1.
Amendment 143 #
Proposal for a regulation Article 10 – paragraph 1 1.
Amendment 144 #
1. The Commission shall establish a centralised complaint mechanism for receiving complaints. Submissions of information by any natural or legal person or any association not having legal personality,
Amendment 145 #
Proposal for a regulation Article 10 – paragraph 1 1. Submissions of information by any
Amendment 146 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 a (new) Complaints may be lodged anonymously and confidentially. The Commission and competent authorities shall ensure that all mechanisms through which workers who are victims or witness forced labour may lodge complaints and participate in relevant proceedings, allow them to do so without fearing retaliation of any sort, to enforce their rights and prerogatives, in particular their right to remediation under Article 10a of this Regulation and, when applicable, other EU legislation, without prejudice to Directive 2004/81/EC, Directive 2009/52/EC, Directive 2011/36/EU and Directive 2012/29/EU. These rights shall not be made conditional on the affected workers’ residence status, or on their citizenship or nationality.
Amendment 147 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 a (new) Complaints may be lodged anonymously. The Commission and competent authorities shall ensure that all mechanisms through which workers who are victims or witness forced labour may lodge complaints and participate in relevant proceedings, allow them to do so without fearing retaliation of any sort, to enforce their rights and prerogatives, in particular their right to remediation under Article 6a of this Regulation and, when applicable, other EU legislation, without prejudice to Directive 2004/81/EC, Directive 2009/52/EC, Directive 2011/36/EU and Directive 2012/29/EU. These rights shall not be made conditional on the affected workers’ residence status, or on their citizenship or nationality.
Amendment 148 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 b (new) The Commission shall determine the rules and procedure to assign complaints to the competent authorities. These rules shall take into account the specifics of the complaint, the domicile of the economic operator and the capacities of the competent authorities in concerned Member States. The Commission may retain the power to investigate, in particular when multiple Member States are involved, investigations in third countries are needed and when related to state-imposed forced labour and when the investigation concerns a supply chain present in more than one Member State.
Amendment 149 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 b (new) The Commission shall determine the rules and procedure to assign complaints to the competent authorities. These rules shall take into account the specifics of the complaint, the domicile of the economic operator and the capacities of the competent authorities in concerned Member States. The Commission may retain the power to investigate, in particular when multiple Member States are involved, investigations in third countries are needed and when related to state-imposed forced labour and when the investigation concerns a supply chain present in more than one Member State.
Amendment 150 #
Proposal for a regulation Article 10 – paragraph 2 2. The competent authority shall, as soon as possible, inform the
Amendment 151 #
Proposal for a regulation Article 10 – paragraph 2 2. The competent authority shall, as soon as possible, inform the
Amendment 152 #
Proposal for a regulation Article 10 – paragraph 2 2. The competent authority shall,
Amendment 153 #
Proposal for a regulation Article 10 – paragraph 3 3. Directive (EU) 2019/1937 of the European Parliament and of the Council39 shall apply to the reporting of all breaches of this Regulation and the protection of persons reporting such breaches. Member States and the Commission shall ensure that the identity of the person reporting complaints, providing evidence, and of any individuals who are potentially being subjected to forced labour in terms of the complaint or investigation, is not disclosed to anyone beyond the authorised staff members without the explicit consent of the person. This shall also apply to any other information from which the identity of the reporting person may be directly or indirectly deduced. __________________ 39 Directive (EU) 2019/1937 of the
Amendment 154 #
Proposal for a regulation Article 10 – paragraph 3 3. Directive (EU) 2019/1937 of the European Parliament and of the Council39 shall apply to the reporting of all breaches of this Regulation and the protection of
Amendment 155 #
Proposal for a regulation Article 10 a (new) 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 it is launched under Article 5, an investigation shall 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 shall be provided to the competent authority and to the Network, and it shall 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; (c) rehabilitation, for example by provision of treatment or counselling; (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.
Amendment 156 #
Proposal for a regulation Article 11 – paragraph 1 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 or 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), and relevant external sources of information from, amongst others, international organisations and third country authorities, and from trade unions, civil society organisations, human rights defenders, and labour and work cooperatives. 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.
Amendment 157 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall call upon external expertise, with special regard to human rights expertise, to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific production sites or groups of production sites, specific economic operator, specific cargo ship or fleet, geographic areas or with respect to specific products 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), and relevant external sources of information from, amongst others, relevant stakeholders, international organisations, including the ILO and International Trade Union Confederation (ITUC) and third country authorities.
Amendment 158 #
Proposal for a regulation Article 11 – paragraph 1 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 with respect to specific products including with regard to forced labour imposed by state authorities. The database shall be based on verifiable information and the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others,
Amendment 159 #
Proposal for a regulation Article 11 – paragraph 1 – subparagraph 1 a (new) The Commission, after consultation with competent authorities and other stakeholders, shall be empowered to declare a presumption of forced labour for products or groups of products, from specified countries or regions where there is reasonable suspicion of wide-spread forced labour, including state-imposed forced labour, in an entire product group in a specific industry, as well as production sites or groups of production sites included in the database. This decision shall be encoded in the same database as a risk database area. In those specific areas, the economic operators shall prove their value chains are free from forced labour before their products may enter, move across or leave the Union market.
Amendment 160 #
Proposal for a regulation Article 11 – paragraph 1 a (new) 1a. The products referred to in paragraph 1 or coming from areas referred to in paragraph 1 shall be presumed to be in violation of Article 3 and shall therefore be automatically subject to an investigation in accordance with Article 5. Economic operators have the burden to disproof such presumption.
Amendment 161 #
Proposal for a regulation Article 11 – paragraph 1 a (new) Amendment 162 #
Proposal for a regulation Article 11 – paragraph 2 2. The Commission shall ensure that the database is made publicly available and easily accessible to all by the external expertise
Amendment 163 #
Proposal for a regulation Article 11 – paragraph 2 2. The Commission shall ensure that the database is
Amendment 164 #
Proposal for a regulation Article 11 – paragraph 2 2. The Commission shall ensure that the database is made publicly available, including in a format accessible to persons with disabilities, by the external expertise at the latest 12
Amendment 165 #
Proposal for a regulation Article 11 – paragraph 3 a (new) 3a. A public digital traceability system shall be put in place by the Commission to enable mapping and tracing of products’ supply chains and information exchange regarding the manufacture and transport of products and in order to facilitate the accessibility of the information for competent authorities to implement this Regulation. Member States shall require economic operators to publish on this digital system information relevant to the presence of forced labour, including location and type of production, relating to the operator’s own operations, subsidiaries, suppliers, sub-suppliers, contractors, and business partners in the whole supply chain, within the bounds of commercial confidentiality, privacy, and competition law. Economic operators and importers shall be required to input the relevant information and data in the format that is compatible with this digital system, as set out in implementing legislation. Member States shall ensure that data from their competent authorities are fed into the system on a continuous basis and ensure that such information is up to date.
Amendment 166 #
Proposal for a regulation Article 12 – paragraph 4 4. The Commission shall make the list of the designated competent authorities and of the Central Complain Mechanism publicly available on its website and shall regularly update that list, based on the updates received from Member States.
Amendment 167 #
Proposal for a regulation Article 13 – paragraph 1 1. The Commission shall ensure efficient cooperation among the competent authorities of the Member States, as well as States of the European Free Trade Association, countries participating in the internal market or candidate countries, through facilitating and coordinating the exchange and collection of information and best practices with regard to the application of this Regulation.
Amendment 168 #
Proposal for a regulation Article 13 – paragraph 2 2.
Amendment 169 #
Proposal for a regulation Article 14 – paragraph 1 1. Decisions taken by the Commission or 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
Amendment 170 #
Proposal for a regulation Article 16 – paragraph 2 2. Customs authorities shall be provided with information identifying the product, information about the manufacturer, transporter, storage company, importer or the producer and information about the product suppliers as regards products entering or leaving the Union market that have been identified by the Commission pursuant to paragraph 1, unless the provision of such information is already required pursuant to customs legislation referred to in Article 5(2) of Regulation (EU) No 952/2013.
Amendment 171 #
Proposal for a regulation Article 20 – paragraph 1 Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is disposed of in accordance with national law consistent with Union law
Amendment 172 #
Proposal for a regulation Article 20 a (new) Article 20a Remediation Remediation for affected workers shall be provided by the economic operator. Evidence of remediation measures shall be transparent and include evidence of the following: (a) financial and non-financial compensation, including payment of all due wages and compensation for moral and material damages 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, including relevant arrangements for restoring, renewing and/or obtaining relevant documents such as visas and work permits, and returning their passport and any other personal documents; (c) rehabilitation, for example, provision of treatment or counselling; (d) effective preventative measures and guarantees of non-reoccurrence of forced labour; and where it is accompanied by one or more of the above measures, apologies; (e) other remediation measures as agreed upon by affected workers, trade unions, relevant stakeholders and the economic operators. Evidence that remediation measures have been correctly implemented shall be obtained in consultation of the affected workers and stakeholders and their representatives and monitored by the Union Network Against Forced Labour Products.
Amendment 173 #
Proposal for a regulation Article 22 – paragraph 1 1. For the purposes of Chapters II and III, competent authorities shall use the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020. The Commission, competent authorities and customs authorities as well as consumers shall have access to that system for the purposes of this Regulation.
Amendment 174 #
Proposal for a regulation Article 23 – paragraph 1 – introductory part The Commission shall issue guidelines no later than
Amendment 175 #
Proposal for a regulation Article 23 – paragraph 1 – point a (a) guidance on due diligence in
Amendment 176 #
Proposal for a regulation Article 23 – paragraph 1 – point a (a) guidance on due diligence in relation to forced labour, including forced child labour, which shall take into account applicable Union legislation setting out due diligence requirements with respect to forced labour, guidelines and recommendations from international organisations and existing collaborative multi-stakeholders experiences, as well as the size and economic resources of economic operators;
Amendment 177 #
Proposal for a regulation Article 23 – paragraph 1 – point b (b) information on risk indicators of forced labour, which shall be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, including the ‘Hard to See, Harder to Count’ guidance, civil society, business organisations, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;
Amendment 178 #
Proposal for a regulation Article 23 – paragraph 1 – point e (e) guidance for the practical implementation of Article 16 and, where appropriate, any other provision laid down in Chapter III of this Regulation. The guidance shall include provisions on the identification and evaluation of risks of forced labour in commodities sourced by economic operators through a mass balance approach in order to avoid negative impacts on economic actors not involved in forced labour whose products are part of mass balance sourcing.
Amendment 179 #
Proposal for a regulation Article 23 – paragraph 1 – point e a (new) (ea) guidance on remediation measures, which shall refer to remediation measures that include for example financial and non-financial compensation, restitution, rehabilitation, effective preventive measures and guarantees of non-recurrence of forced labour and apologies;
Amendment 180 #
Proposal for a regulation Article 23 – paragraph 1 – point e a (new) (ea) guidance in the areas of prevention, protection of victims and ensuring their access to justice and remedies, enforcement and international cooperation;
Amendment 181 #
Proposal for a regulation Article 23 – paragraph 1 – point e a (new) (ea) guidelines to set up an economic mapping process;
Amendment 182 #
Proposal for a regulation Article 23 – paragraph 1 – point e a (new) (ea) guidelines to set up an economic mapping process;
Amendment 183 #
Proposal for a regulation Article 23 – paragraph 1 – point e b (new) (eb) guidance for the stakeholders to file a complaint, as well as participate and meaningfully engage in the procedures set out in this Regulation;
Amendment 184 #
Proposal for a regulation Article 23 – paragraph 1 – point e b (new) (eb) guidance for stakeholders to file a complaint and participate in relevant proceedings;
Amendment 185 #
Proposal for a regulation Article 23 – paragraph 1 – point e b (new) (eb) guidance for stakeholders to file a complaint and participate in relevant proceedings;
Amendment 186 #
Proposal for a regulation Article 23 – paragraph 1 – point e c (new) (ec) guidance on remediation measures;
Amendment 187 #
Proposal for a regulation Article 23 – paragraph 1 – point e c (new) (ec) guidance on requirements that economic operators need to adhere to in order to prove that they have eliminated forced labour from their supply chains and corrective actions adopted to prevent future abuses;
Amendment 188 #
Proposal for a regulation Article 23 – paragraph 1 – point e d (new) (ed) guidance on meaningful stakeholder engagement;
Amendment 189 #
Proposal for a regulation Article 23 – paragraph 1 a (new) The guidelines shall be consistent with relevant Union legislation, including the Directive on Corporate Sustainability Due Diligence and the Regulation on Deforestation-free products.
Amendment 190 #
Proposal for a regulation Article 24 – paragraph 1 1. A Union Network Against Forced Labour Products (‘the Network’) is established. The Network shall serve as a
Amendment 191 #
Proposal for a regulation Article 24 – paragraph 2 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. Representatives of States of the European Free Trade Association, countries participating in the internal market or candidate countries may be, where relevant, invited to participate as observers.
Amendment 192 #
Proposal for a regulation Article 24 – paragraph 2 2. The Network shall be composed of representatives from each Member States’ competent authority, representatives from
Amendment 193 #
Proposal for a regulation Article 24 – paragraph 3 – point d (d) contribute to the development of guidance to ensure the effective and uniform application of this Regulation, as well as coordinate dissemination efforts in and outside the EU;
Amendment 194 #
Proposal for a regulation Article 24 – paragraph 3 – point e a (new) (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;
Amendment 195 #
Proposal for a regulation Article 24 – paragraph 3 – point f a (new) (fa) promote the cooperation and exchange of expertise and best practices with third countries and/or international entities;
Amendment 196 #
Proposal for a regulation Article 24 – paragraph 3 – point f a (new) (fa) promote collaboration and exchange with relevant existing multi- stakeholders’ collaborative initiatives;
Amendment 197 #
Proposal for a regulation Article 24 – paragraph 3 – point f a (new) (f a) monitor remediation measures;
Amendment 198 #
Proposal for a regulation Article 24 – paragraph 3 – point f b (new) (fb) setting up mechanisms for continuous engagement with third countries, as to support implementation of regulation by addressing root causes of forced labour;
Amendment 199 #
Proposal for a regulation Article 25 – paragraph 2 2.
Amendment 200 #
Proposal for a regulation Article 25 – paragraph 2 2.
Amendment 201 #
Proposal for a regulation Article 26 – paragraph 1 1. In order to facilitate effective implementation and enforcement of this Regulation and to jointly work on tackling forced labour and its root causes, the Commission
Amendment 202 #
Proposal for a regulation Article 26 – paragraph 1 1. In order to facilitate effective implementation and enforcement of this Regulation and to jointly work on eradicating the root causes of forced labour, the Commission
Amendment 203 #
Proposal for a regulation Article 26 – paragraph 1 1. In order to facilitate effective implementation and enforcement of this Regulation and to jointly work on tackling the root causes and forced labour itself, the Commission
Amendment 204 #
Proposal for a regulation Article 26 – paragraph 1 1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission
Amendment 205 #
Proposal for a regulation Article 26 – paragraph 1 1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission may as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, civil society representatives and business organisations. International cooperation with authorities of third countries, especially States of the European Free Trade Association, countries participating in the internal market or candidate countries, shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis.
Amendment 206 #
Proposal for a regulation Article 26 – paragraph 1 a (new) 1a. The Union shall strengthen its coordination and cooperation with like- minded democratic partners to prevent and eliminate practices of forced labour worldwide, including child labour, as part of its global efforts to protect and uphold human rights.
Amendment 207 #
Proposal for a regulation Article 26 – paragraph 2 2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, civil society representatives, business organisations and competent authorities of third countries
Amendment 208 #
Proposal for a regulation Article 26 – paragraph 2 2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, relevant stakeholders, civil society representatives, business organisations and competent authorities of third countries
Amendment 209 #
Proposal for a regulation Article 26 – paragraph 2 – subparagraph 1 a (new) The Commission and Member States shall develop cooperation and partnership mechanisms with third countries to address the root causes of forced labour, and build the capacity of upstream economic actors to respond to the requirements under this Regulation.
Amendment 210 #
Proposal for a regulation Article 26 – paragraph 2 – subparagraph 1 b (new) The competent authorities and the Commission shall also cooperate with relevant authorities of third countries to carry out investigations, as well as coordinate when it is relevant with investigations made by other countries and align with decisions made by other international entities. Member States’ competent authorities and the Commission shall actively exchange knowledge and intelligence with third- country governments.
Amendment 211 #
Proposal for a regulation Article 26 – paragraph 2 a (new) 2a. Member States and the Commission shall provide information and effective support to relevant stakeholders to comply with and exercise the rights provided to them, in particular the right to file a complaint, as well as to monitor the implementation of this Regulation.
Amendment 212 #
Proposal for a regulation Article 26 – paragraph 2 a (new) 2a. The Commission and Member States shall develop cooperation and partnership mechanisms with third countries to address the root causes of forced labour, and build the capacity of upstream economic actors to respond to the requirements under this regulation. The competent authorities and the Commission shall cooperate with relevant authorities of third countries to carry out investigations, as well as coordinate when it is relevant with investigations made by other countries and align with decisions made by other international entities. Member States’ competent authorities and the Commission shall actively exchange knowledge and intelligence with third country governments. In case of a violation of Article 3 of this Regulation, the Council shall impose sanctions through the EU Global Human Rights Sanctions Regime or impose country-based sanctions regimes. The Council shall also adopt conclusions outlining strategies of the Union and the Member States to promote bilateral and multilateral coordination with third countries and other diplomatic initiatives to address state-sponsored forced labour, up to and including the recourse to sanctions towards third countries that promote forced labour, in line with ILO Convention No. 105.
Amendment 213 #
Proposal for a regulation Article 26 – paragraph 2 b (new) Amendment 214 #
Proposal for a regulation Article 26 – paragraph 2 c (new) 2c. The Union and its Member States shall support third countries, in particular developing countries, by promoting the ratification and the effective implementation of fundamental ILO’s conventions and standards related to the prohibition of forced labour and trade union rights and by taking measures to enable partner countries in collaboration with civil society organisations and relevant stakeholders to effectively prevent, minimise, remediate to and eradicate forced labour.
Amendment 215 #
Proposal for a regulation Article 26 – paragraph 2 d (new) 2d. In order to enable continuous engagement with the value chain business partner instead of termination of business relations (disengagement) and possibly causing adverse impacts, the competent authorities and the economic operators in cooperation with third countries shall ensure that disengagement is a last-resort action, in line with the Union’s policy of zero-tolerance on child labour and forced labour. Disengagement shall be avoided where the impact of disengagement would be greater than the adverse impact of forced labour. In situations of state- imposed forced labour, where the adverse impact is systemic and organised by political authorities, unhindered engagement with those adversely impacted and mitigation are not possible. Competent authorities and economic operators shall ensure the termination of business relationships where state- imposed forced labour is systemic occurring.
Amendment 216 #
Proposal for a regulation Article 27 a (new) Article 27a Relationship with other Union Law To avoid double investigation of products, the Commission is empowered to supplement this Regulation by delegated acts adopted in accordance with Article 27 by determining the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations under this Regulation, where otherwise the same aspect of due diligence in relation to forced labour would be assessed in parallel under this Regulation and other Union law.
Amendment 217 #
Proposal for a regulation Article 30 – paragraph 2 2. The penalties
Amendment 39 #
Proposal for a regulation Recital 1 (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 and stands in the way of the achievement of decent work for all. 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 supported by the Forced Labour (Supplementary Measures) Recommendation (No. 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 is exacted from any person
Amendment 40 #
Proposal for a regulation Recital 1 (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 and the ILO Convention No.105 on the abolition of forced labour (‘ILO Convention No.105’) as fundamental ILO Conventions16
Amendment 41 #
Proposal for a regulation Recital 1 (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 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 is exacted from persons that have not offered it themselves voluntarily.17 This definition generally applies to work or service exacted by governments and public authorities as well as private bodies and individuals. The ILO has developed several elements which, individually or in conjunction, can indicate a forced labour situation: threats or actual physical harm, restriction of movement or confinement to the workplace or a limited area, debt bondage, withholding wages or excessive wage reduction that violates previously made agreements, retention of passports and identity documents or threat of denunciation to the authorities, when the worker has an irregular immigration status. Labour market measures, such as a gradual decline of unemployment benefit or the loss of unemployment benefit or assistance when an unemployed person rejects a job offer, adopted by OECD countries, should not in principle be deemed in breach of the ILO Convention No. 29 and the ILO Convention No. 105. __________________ 16
Amendment 42 #
Proposal for a regulation Recital 2 (2) The use of forced labour is widespread in the world. It is estimated that about 27.6 million people, including 3.3 million children and 11.8 million women and girls, were in forced labour in 2021.18 Vulnerable and marginalised groups in a society
Amendment 43 #
Proposal for a regulation Recital 2 (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, such as women, children, migrants (in particular if they are undocumented or with a precarious status or in the informal economy), ethnic minorities, lower castes, indigenous and tribal peoples, 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.
Amendment 44 #
Proposal for a regulation Recital 2 (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 absence or lack of good governance of certain economic operators. Forced labour can also take place as a result of authorities' tacit consent. __________________ 18 The 2021 Global Estimates of Modern
Amendment 45 #
Proposal for a regulation Recital 2 a (new) (2a) The ILO forced labour instruments, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children and the Global Compact for Migration, together make clear that trafficking in persons for the purpose of forced labour cannot be eliminated through criminal law enforcement alone. Rather, a broad multidisciplinary approach is needed that is grounded in adherence to human rights, encompassing the need for effective gender- and age-responsive measures. Such measures, along with criminal justice responses, should focus on preventing and addressing the root causes of forced labour and on ensuring protection and remedies for the people already affected by it.
Amendment 46 #
Proposal for a regulation Recital 2 a (new) (2a) The Office of the UN High Commissioner for Human Rights (OHCHR) concluded that the People’s Republic of China (PRC) has committed ‘serious human rights violations’ against the Uyghur and ‘other predominantly Muslim communities’ in what the PRC refers to as the Xinjiang Uyghur Autonomous Region (XUAR). This includes ‘torture, sexual violence, ill- treatment, forced medical treatment, as well as forced labour and reports of deaths in custody’ committed in camps and other detention facilities.
Amendment 47 #
Proposal for a regulation Recital 3 (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
Amendment 48 #
Proposal for a regulation Recital 3 (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. Furthermore, in its international relations, the Union should uphold and promote its values and contribute to the protection of human rights. Article 5
Amendment 49 #
Proposal for a regulation Recital 3 (3) The eradication of forced labour is a priority for the Union that stems inter alia from its principles and international commitments. Respect for human dignity and the universality and indivisibility of human rights are also 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
Amendment 50 #
Proposal for a regulation Recital 3 a (new) (3a) Article 31 of the Charter of Fundamental Rights of the European Union recognises the right for every worker to fair and just working conditions which respect his or her health, safety and dignity.
Amendment 51 #
Proposal for a regulation Recital 4 (4) All Member States have ratified the fundamental ILO Conventions on forced labour and child labour.20
Amendment 52 #
Proposal for a regulation Recital 4 (4) More than 3.3 million children are estimated to be in situation of forced labour, over half of which are in commercial sexual exploitation, and children account for about 12 % of all those in forced labour, although the numbers could be much higher. 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. __________________ 20
Amendment 53 #
Proposal for a regulation Recital 4 a (new) Amendment 54 #
Proposal for a regulation Recital 4 b (new) (4b) In line with international standards, while achieving the intention of this Regulation, the potential impact of this Regulation on victims should be taken into account. Terminating a business relationship in which child labour or forced labour was found could expose to even more severe adverse human rights impacts. In the same line, women in precarious labour conditions and forced labour could face more severe adverse human rights impacts thus increasing their vulnerability. This should therefore be taken into account when deciding on the appropriate action to take.
Amendment 55 #
Proposal for a regulation Recital 5 (5) Through its policies and legislative initiatives the Union seeks to eradicate
Amendment 56 #
Proposal for a regulation Recital 5 (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
Amendment 57 #
Proposal for a regulation Recital 5 a (new) (5a) This Regulation creates an additional economic instrument to prevent and eliminate forced labour worldwide, by prohibiting products made with forced labour. In addition to these economic instruments, the Union has existing complementary frameworks to fulfil its obligations to uphold human dignity of every human being and address the root causes of forced labour, including child labour.
Amendment 58 #
Proposal for a regulation Recital 6 (6)
Amendment 59 #
Proposal for a regulation Recital 7 (7) The Anti-trafficking Directive (Directive 2011/36/EU) of the European Parliament and of the Council21 (the Anti- trafficking Directive) harmonises the definition of trafficking in human beings, including forced labour or services, and establishes minimum penalties. Any rules laid down concerning the prohibition of placing and making available on the Union market domestic or imported products made with forced labour, or exporting such products, and the obligation to ensure that such products are withdrawn from the Union market (‘the prohibition’), should be without prejudice to that Directive, and in particular to the competence of law enforcement and judicial authorities to
Amendment 60 #
Proposal for a regulation Recital 12 (12) As recognised in the Commission’s Communication on decent work worldwide29 , notwithstanding the current policies and legislative framework, further action is needed to achieve the objectives of eliminating forced-labour products from the Union market and, hence, further contributing to the fight against forced labour worldwide. Through its decent work agenda, the Union commits to address forced labour and to promote decent work and labour rights including in global supply chain. As stated in the Commission’s Communication, the eradication of 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. __________________ 29 Communication 23 March 2022 from the
Amendment 61 #
Proposal for a regulation Recital 12 a (new) (12a) Promoting decent work and a human-centred future of work ensuring the respect of fundamental principles and human rights, promoting social dialogue as well as the ratification and effective implementation of relevant ILO conventions and protocols, strengthening responsible management in global supply chains and access to social protection are core priorities of the Union as enshrined in the EU Action Plan on Human Rights and Democracy 2020-2024.
Amendment 62 #
Proposal for a regulation Recital 13 (13) The European Parliament in its resolutions strongly condemned forced labour and called for a ban on products made with forced labour
Amendment 63 #
Proposal for a regulation Recital 13 a (new) (13a) The European Parliament in its resolution of 9 June 2022 on ‘A new trade instrument to ban products made by forced labour’ explicitly called for remediation measures that would allow access to remedy for potential victims of forced labour and, in particular, to provide remediation to the affected workers prior to import restrictions being lifted.
Amendment 64 #
Proposal for a regulation Recital 13 b (new) (13b) In accordance with the 2014 Protocol to the Convention No. 29, Member States should take effective measures for the identification, release, protection, recovery and rehabilitation of all victims of forced or compulsory labour, as well as the provision of other forms of assistance and support.
Amendment 65 #
Proposal for a regulation Recital 16 (16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, harvest and extraction, including working or processing related to the products, as well as the services related to the shipping and transport towards and within the Union. The prohibition should apply to all products, of any type, including their components, and should apply to products regardless of the sector, the origin, whether they are domestic or imported, or placed or made available on
Amendment 66 #
Proposal for a regulation Recital 16 (16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, transport or storage, harvest and extraction, including working or processing related to the products. The prohibition should apply to all products, of any type, including their components, and should apply to products regardless of the sector, the origin, whether they are domestic or imported, or placed or made available on the Union market or exported.
Amendment 67 #
Proposal for a regulation Recital 18 (18) Micro, small and medium-sized enterprises (’SMEs’) can have limited resources and ability to ensure that the products they place or make available on
Amendment 68 #
Proposal for a regulation Recital 18 (18) Micro, small and medium-sized enterprises (’SMEs’) can have limited resources and ability to ensure that the products they place or make available on the Union market are free from forced labour. The Commission should therefore issue guidelines on due diligence in relation to forced labour, which should take into account also the size and economic resources of economic operators. In addition, the Commission should issue guidelines on forced-labour risk indicators and on publicly available information in order to help SMEs, as well as other economic operators, to comply with the requirements of the prohibition. The Commission should also issue guidelines for stakeholders on filing a complaint and meaningfully engage in the procedures set out in this Regulation.
Amendment 69 #
Proposal for a regulation Recital 20 (20) In order to increase the effectiveness of the prohibition, competent authorities should, while taking into account the size and economic resources, grant reasonable time to economic operators to identify, mitigate, prevent and bring to an end the risk of forced labour, .
Amendment 70 #
Proposal for a regulation Recital 20 (20) In order to increase the effectiveness of the prohibition, competent authorities should grant reasonable time to economic operators to identify, mitigate, prevent, remediate and bring to an end the risk of forced labour.
Amendment 71 #
Proposal for a regulation Recital 21 (21) When identifying potential violations of the prohibition, the Commission and competent
Amendment 72 #
Proposal for a regulation Recital 22 (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
Amendment 73 #
Proposal for a regulation Recital 22 (22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent, remediate 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.
Amendment 74 #
Proposal for a regulation Recital 24 (24) During the preliminary phase of investigation, competent authorities should focus on the economic operators involved in the steps of the
Amendment 75 #
Proposal for a regulation Recital 25 (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
Amendment 76 #
Proposal for a regulation Recital 25 (25) Competent authorities, when requesting information during the investigation, should
Amendment 77 #
Proposal for a regulation Recital 26 (26)
Amendment 78 #
Proposal for a regulation Recital 26 (26)
Amendment 79 #
Proposal for a regulation Recital 27 (27)
Amendment 80 #
Proposal for a regulation Recital 32 (32) The Commission should establish a centralised mechanism to receive complaints. Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information or a complaint to the competent authorities when it considers that products made with forced labour are placed and made available on the Union market and to be informed of the outcome of the assessment of their submission. Measures should be taken to protect stakeholders, including those from third countries, and avoid any reprisals by ensuring their confidentiality and anonymity.
Amendment 81 #
Proposal for a regulation Recital 32 (32) Any
Amendment 82 #
Proposal for a regulation Recital 32 (32) Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information to the competent authorities when it considers that products made with forced labour are placed and made available on the Union market and, where relevant, to be informed of the outcome of the assessment of their submission.
Amendment 83 #
Proposal for a regulation Recital 32 a (new) (32a) In order to facilitate the exchange of information between relevant authorities as well as submission of information, the Commission should ensure the creation of a dedicated online platform with a single format in all working languages of the Union.
Amendment 84 #
Proposal for a regulation Recital 33 (33) The Commission should issue guidelines in order to facilitate the implementation of the prohibition by economic operators and competent authorities. Such guidelines should include guidance on due diligence in relation to forced labour, including specific requirements that economic operators need to adhere to in order to prove that they have eliminated forced labour from their supply chains and corrective actions adopted to prevent future abuses, and complementary information for the competent authorities to implement the prohibition. The guidance on due diligence in relation to forced labour should build on the Guidance on due diligence for Union businesses to address the risk of forced labour in their operations and supply chains published by the Commission and the European External Action Service in July 2021. The guidelines should be consistent with other Commission guidelines in this regard and relevant international organisations’ guidelines. The reports from international organisations, in particular the ILO, as well as other independent and verifiable sources of information should be considered for the identification of risk indicators.
Amendment 85 #
Proposal for a regulation Recital 33 (33) The Commission should issue guidelines in order to facilitate the implementation of the prohibition by economic operators and competent authorities. Such guidelines should include guidance on due diligence in relation to forced labour and complementary information for the Commission and the competent authorities to implement the prohibition. The guidance on due diligence in relation to forced labour should build on the Guidance on due diligence for Union businesses to address the risk of forced labour in their operations and supply chains published by the Commission and the European External Action Service in July 2021. The guidelines should be consistent with other Commission guidelines in this regard and relevant international organisations’ guidelines such as the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises. The reports from international organisations, in particular the ILO, as well as other independent and verifiable sources of information should be considered for the identification of risk indicators.
Amendment 86 #
Proposal for a regulation Recital 33 (33) The Commission should without delay issue guidelines in order to facilitate the implementation of the prohibition by economic operators and competent authorities. Such guidelines should include guidance on due diligence in relation to forced labour and complementary information for the competent authorities to implement the prohibition. The guidance on due diligence in relation to forced labour should build on the Guidance on due diligence for Union businesses to address the risk of forced labour in their operations and supply chains published by the Commission and the European External Action Service in July 2021. The guidelines should be consistent with other Commission guidelines in this regard and relevant international organisations’ guidelines. The reports from international organisations, in particular the ILO, as well as other independent and verifiable sources of information should be considered for the identification of risk indicators.
Amendment 87 #
Proposal for a regulation Recital 42 (42) To ensure effective enforcement decisions taken by the Commission or a competent authority in one Member State should be recognised and enforced by competent authorities in
Amendment 88 #
Proposal for a regulation Recital 44 (44) To ensure effective enforcement of the prohibition, it is necessary to establish a centralised complaint mechanism at Union level as well as a network aimed at structured coordination and cooperation between the competent authorities of the Member States and, where appropriate, experts from customs authorities, and the Commission. That network should also aim at streamlining the practices of the competent authorities within the Union that facilitate the implementation of joint enforcement activities by Member States, including joint investigations. That administrative support structure should allow the pooling of resources and maintain a communication and information system between Member States and the Commission, thereby helping to strengthen the enforcement of the prohibition.
Amendment 89 #
Proposal for a regulation Recital 45 (45) Since forced labour is a global problem and given the interlinkages of the global
Amendment 90 #
Proposal for a regulation Recital 45 (45) Since forced labour is a global problem and given the interlinkages of the global value chains, it is necessary to promote international cooperation against forced labour, which would also improve the efficiency of applying and enforcing the prohibition. The Commission should as appropriately cooperate with and exchange information with authorities of third countries and international organisations to create enabling policy environments to promote and protect human rights, including time-bound frameworks for action covering legislative measures, capacity building and public funding to support workers, human rights defenders, SMEs, smallholders and local communities in their efforts to root out forced labour from global supply chains and to enhance the effective implementation of the prohibition. International cooperation with authorities of non-EU countries should take place in a structured way as part of the existing dialogue structures, for example Human Rights Dialogues with third countries, or, if necessary, specific ones that will be created on an ad hoc basis.
Amendment 91 #
Proposal for a regulation Recital 45 (45) Since forced labour is a global problem and given the interlinkages of the global value chains, it is necessary to promote international cooperation against forced labour, which would also improve the efficiency of applying and enforcing the prohibition. The Commission should as appropriately cooperate with and exchange information with authorities of third countries and international organisations to enhance the effective implementation of the prohibition. International cooperation with authorities of non-EU countries should take place in a structured way as part of the existing dialogue structures, for example Human Rights Dialogues with third countries, or, if necessary, specific
Amendment 92 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation lays down: (a) rules prohibiting economic operators from importing, placing and making available on the Union market or exporting from the Union market products made with forced labour, and (b) rules for remedial obligations for importers and economic operators for instances where forced labour is found.
Amendment 93 #
Proposal for a regulation Article 2 – paragraph 1 – point a (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;
Amendment 94 #
Proposal for a regulation Article 2 – paragraph 1 – point b (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; it includes in particular forced labour imposed: (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; or (v) as a means of discrimination based on race, social or national origins, religious beliefs, caste, disability, gender or sexual orientation;
Amendment 95 #
Proposal for a regulation Article 2 – paragraph 1 – point b (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, including the punishment for the expression of political views, for the purposes of economic development, as a means of labour discipline, as punishment for participation in strikes, or as a means of racial, religious or other discrimination;
Amendment 96 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement mandatory
Amendment 97 #
Proposal for a regulation Article 2 – paragraph 1 – point c (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 in their operations and value chain with respect to products and services that are to be made available on the Union market, imported or to be exported; 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;
Amendment 98 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement throughout its supply chain 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;
Amendment 99 #
Proposal for a regulation Article 2 – paragraph 1 – point c (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, remediate 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;
source: 746.976
2023/05/05
EMPL
96 amendments...
Amendment 100 #
Proposal for a regulation Article 11 – paragraph 2 2. The Commission shall
Amendment 101 #
Proposal for a regulation Article 23 – paragraph 1 – introductory part The Commission shall issue guidelines
Amendment 102 #
Proposal for a regulation Article 23 – paragraph 1 – point e a (new) (ea) operational tools to help economic operators satisfy their due diligence obligations without imposing disproportionate administrative burdens.
Amendment 103 #
Proposal for a regulation Article 24 – title Union Network Against Forced Labour
Amendment 104 #
Proposal for a regulation Article 24 – paragraph 1 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
Amendment 105 #
Proposal for a regulation Article 24 – paragraph 1 1. A Union Network Against Forced Labour Products (‘the Network’) is established. The Network is chaired by the Commission and 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.
Amendment 106 #
Proposal for a regulation Article 24 – paragraph 1 1. A Union Network Against Forced Labour
Amendment 107 #
Proposal for a regulation Article 24 – paragraph 2 2. The Network shall be composed of one representative
Amendment 108 #
Proposal for a regulation Article 24 – paragraph 2 2. The Network shall be composed of representatives from each Member States’ competent authority, representatives from the Commission, the social partners and, where appropriate, experts from the customs authorities, relevant agencies and civil society organisations.
Amendment 109 #
Proposal for a regulation Article 24 – paragraph 2 a (new) 2a. The Commission shall chair the Network and ensure its secretariat. The Network shall invite a representative of the Fundamental Rights Agency (FRA), a representative of the European Labour Authority (ELA) and representatives of EFTA States that are contracting parties to the Agreement on the European Economic Area as observers to its meetings. It may also invite representatives of Union delegations and other Union bodies, representatives of third country authorities, stakeholder organisations and other relevant experts to attend the meetings of the Network.
Amendment 110 #
Proposal for a regulation Article 24 – paragraph 3 – point a (a) facilitate the identification of common priorities for enforcement activities, to exchange information, expertise and best practices, including by involving external actors where applicable, such as social partner organisations or civil society organisations;
Amendment 111 #
Proposal for a regulation Article 24 – paragraph 3 – point a a (new) (aa) set up a contact point for persons, economic operators and other stakeholders, who wish to report suspected violations of Article 3 of this Regulation, and establish follow-up procedures;
Amendment 112 #
(b) conduct joint investigations, inside the European Union as well as in third- countries, in accordance with international law;
Amendment 113 #
Proposal for a regulation Article 24 – paragraph 3 – point c a (new) (ca) improve the knowledge of wide- spread and systematic forced labour and its root causes, including poverty, inequalities, systemic discrimination, lack of social protection and education, disrespect of collective rights and a lack of efficient labour inspections, through studies and research, also in view of expanding the data base referred to in Article 11 of this Regulation;
Amendment 114 #
Proposal for a regulation Article 24 – paragraph 3 – point d (d)
Amendment 115 #
Proposal for a regulation Article 24 – paragraph 3 – point f (f)
Amendment 116 #
Proposal for a regulation Article 24 – paragraph 3 – point f a (new) (fa) promote the cooperation and exchange of expertise and best practices with the competent authorities of third countries, international organisations and other relevant actors and bodies;
Amendment 117 #
Proposal for a regulation Article 24 – paragraph 3 – point f a (new) (fa) coordinate and cooperate with third-country authorities, where applicable.
Amendment 118 #
Proposal for a regulation Article 24 – paragraph 3 – point f b (new) (fb) monitor remediation of forced labour;
Amendment 119 #
Proposal for a regulation Article 24 – paragraph 3 – point f c (new) (fc) monitor the redirection of products, which were refused for release for free circulation or export, to be used in the interest of the public;
Amendment 120 #
Proposal for a regulation Article 24 – paragraph 3 – point f d (new) (fd) provide information and make recommendations regarding forced labour to the Commission and other relevant Union bodies.
Amendment 121 #
Proposal for a regulation Article 24 – paragraph 4 4. The Commission shall support and encourage cooperation between enforcement authorities through the
Amendment 26 #
Proposal for a regulation Recital 1 (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 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 is exacted from persons that have not offered it themselves voluntarily.17
Amendment 27 #
Proposal for a regulation Recital 1 (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,
Amendment 28 #
Proposal for a regulation Recital 1 (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, contributes to the perpetuation of poverty and stands in the way of the achievement of decent work for all. 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 and the ILO Convention No.105 on the abolition of forced labour (‘ILO Convention No.105’) as fundamental ILO Conventions16and issued recommendation to prevent, eliminate, and remedy forced labour17b. Forced labour covers a wide variety of coercive labour practices where work
Amendment 29 #
Proposal for a regulation Recital 1 (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 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 is exacted from persons that have not offered it themselves voluntarily.17
Amendment 30 #
Proposal for a regulation Recital 2 (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
Amendment 31 #
Proposal for a regulation Recital 2 (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.
Amendment 32 #
Proposal for a regulation Recital 2 (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
Amendment 33 #
Proposal for a regulation Recital 2 (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 2021.18Vulnerable and marginalised groups in a society, such as women, children, migrants, undocumented or informal economy workers, indigenous peoples, are particularly susceptible to be pressured into performing forced labour. Even when it is not state imposed, forced labour is
Amendment 34 #
Proposal for a regulation Recital 2 (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 2021.18Vulnerable 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 absence or a lack of good governance of certain economic operators. Forced labour can also take place as a result of authorities' tacit consent. _________________ 18 The 2021 Global Estimates of Modern
Amendment 35 #
Proposal for a regulation Recital 2 a (new) Amendment 36 #
Proposal for a regulation Recital 2 a (new) (2a) 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 and a demonstration of a state's failure to handle this type of economic operators.
Amendment 37 #
Proposal for a regulation Recital 2 b (new) Amendment 38 #
Proposal for a regulation Recital 2 c (new) Amendment 39 #
Proposal for a regulation Recital 3 (3) The eradication of forced labour is a priority for the Union that stems inter alia from its principles and international human rights commitments. Respect for human dignity and the universality and indivisibility of human rights are also 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
Amendment 40 #
Proposal for a regulation Recital 3 (3) The eradication of forced labour is a priority for the Union. Respect for human dignity and the universality and
Amendment 41 #
Proposal for a regulation Recital 3 (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
Amendment 42 #
Proposal for a regulation Recital 3 (3) The European Union is a global leader on responsible business conduct and business and human rights. 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
Amendment 43 #
Proposal for a regulation Recital 4 (4) All Member States have ratified the fundamental ILO Conventions on forced labour and child labour.20They are therefore legally obliged to prevent and eliminate the use of forced labour and to report regularly to the ILO. However, several Member States have not ratified the Protocol to ILO Convention no. 29 as called for in Council Decision (EU) 2015/2071 in regards to criminal matters and in Council Decision (EU) 2015/2037 in regards to social policy. For the purpose of this Regulation, which seeks to prevent and eliminate forced labour, those Member States should ratify and implement the Protocol without further delay. _________________ 20
Amendment 44 #
Proposal for a regulation Recital 4 (4) All Member States have ratified the original fundamental ILO Conventions on forced labour and child labour.20They are therefore legally obliged to prevent and eliminate the use of forced labour and to report regularly to the ILO, while some Member States have not yet ratified the 2014 Protocol to Convention No. 29, which guarantees victims protection and access to appropriate and effective remedies, such as compensation. According to the ILO, remediation remains one of the key policy priorities for addressing forced labour21a. _________________ 20
Amendment 45 #
Proposal for a regulation Recital 4 (4) All Member States have ratified the fundamental ILO Conventions on forced labour and child labour.20They are therefore legally obliged to prevent and eliminate the use of forced labour and to report regularly to the ILO. Nevertheless, the ILO estimates that there are 880 000 forced labour victims in the EU - in addition to the forced labour involved inter alia in the EU’s imports from the rest of the world.20a _________________ 20
Amendment 46 #
Proposal for a regulation Recital 5 (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
Amendment 47 #
Proposal for a regulation Recital 5 (5) Through its policies and legislative initiatives the Union seeks to eradicate the use of forced labour. It is inherently linked to the promotion of decent working conditions, such as the right to organise and take collective action, social dialogue, freedom of association, collective bargaining, sustainable business conduct and social protection. 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 neither in the value chains of undertakings established
Amendment 48 #
Proposal for a regulation Recital 5 (5) Through its policies and legislative initiatives the Union
Amendment 49 #
Proposal for a regulation Recital 5 (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. Moreover, the Union is committed to the right of freedom of association, social dialogue, including collective bargaining, which are indispensable instruments in preventing and eliminating abusive practices, including forced labour.
Amendment 50 #
Proposal for a regulation Recital 5 a (new) (5a) This Regulation creates an additional economic instrument to prevent and eliminate forced labour worldwide by prohibiting products made with forced labour. In addition to these economic instruments, the Union has existing complementary frameworks to fulfil its obligations to uphold human dignity of every human being and address the root causes of forced labour, including child labour.
Amendment 51 #
Proposal for a regulation Recital 17 (17) The
Amendment 52 #
Proposal for a regulation Recital 17 (17) The prohibition should contribute to the international efforts to abolish forced labour. To this end, any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information to the competent authorities when it considers that products made with forced labour are placed and made available on the Union market and, where relevant, to be informed of the outcome of the assessment of their submission. In order to facilitate exchange of information between relevant authorities as well as submission of information, the Commission shall ensure the creation of a dedicated online platform with a singular format in all working languages of the Union. The definition of ‘forced labour’ should
Amendment 53 #
Proposal for a regulation Recital 17 (17) The prohibition of products and services for which forced labour has been used 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
Amendment 54 #
Proposal for a regulation Recital 19 (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 and European 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 as well as to prevent multiple investigations of similar facts.
Amendment 55 #
Proposal for a regulation Recital 19 a (new) (19a) The national authorities take into account coordination with the proposal for a European Directive on corporate sustainability due diligence (CS3D) in order to respect the ‘non bis in idem’ principle.
Amendment 56 #
Proposal for a regulation Recital 22 (22) Before initiating an investigation, competent authorities, having granted reasonable time to economic operators while taking into account their size and economic resources, 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
Amendment 57 #
Proposal for a regulation Recital 24 (24) During the preliminary phase of investigation, competent authorities should focus on the economic operators involved in the steps of the
Amendment 58 #
Proposal for a regulation Recital 25 (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
Amendment 59 #
Proposal for a regulation Article 2 – paragraph 1 – point a (a) ‘forced labour’ means
Amendment 60 #
Proposal for a regulation Article 2 – paragraph 1 – point b (b) ‘forced labour imposed by state authorities’ means the use of forced labour: - as
Amendment 61 #
(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; it includes the punishment for the expression of political views, for the purposes of economic development, as a means of labour discipline, as punishment for participation in strikes, or as a means of racial, religious or other discrimination;
Amendment 62 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement throughout its supply chain 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; To avoid double investigation of products, the Commission is empowered to supplement this Regulation by delegated acts adopted in accordance with Article 27 by determining the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations under this Regulation, where otherwise the same aspect of due diligence in relation to forced labour would be assessed in parallel under this Regulation and other Union law.
Amendment 63 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) ‘due diligence in relation to forced labour’ means the efforts by economic operators to identify and assess risks in their supply chains and prevent and address those risks by implementing mandatory requirements
Amendment 64 #
Proposal for a regulation Article 2 – paragraph 1 – point c (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 in their operations and value chain with respect to products and services that are to be made available on the Union
Amendment 65 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) ‘due diligence in relation to forced labour’ means the efforts by an economic operator to i
Amendment 66 #
Proposal for a regulation Article 2 – paragraph 1 – point c a (new) (ca) ‘vulnerable stakeholders’ means affected stakeholders that find themselves in marginalised situations and situations of vulnerability, due to specific contexts or intersecting factors, including among others, sex, gender, age, race, ethnicity, class, caste, education, indigenous peoples, migration status, disability, as well as social and economic status, and includes stakeholders living in conflict- affected and high risk areas, which are the causes of diverse and often disproportionate adverse impacts, and create discrimination and additional barriers to participation and access to justice;
Amendment 67 #
Proposal for a regulation Article 2 – paragraph 1 – point c a (new) (ca) '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 trade unions and NGOs and local communities, with particular attention to vulnerable stakeholders, such as workers who are undocumented or in the irregular economy, smallholders, and indigenous peoples.
Amendment 68 #
Proposal for a regulation Article 2 – paragraph 1 – point h (h) ‘economic operator’ means any natural or legal person, including online intermediation platforms, or association of persons who is placing or making available products on the Union market or exporting products;
Amendment 69 #
Proposal for a regulation Article 2 – paragraph 1 – point u a (new) (ua) ‘chain of activities’ means activities related to the production and supply of goods or provision of services by a company, activities of direct and indirect business partners that design, extract, manufacture, transport, store and supply raw materials and eliminate products through the recycling or composting of products or parts of products, or that provide services to the company that are necessary to carry out the company’s activities;
Amendment 71 #
Proposal for a regulation Article 4 – paragraph 2 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
Amendment 72 #
Proposal for a regulation Article 4 – paragraph 3 – introductory part 3. Before initiating an investigation in accordance with Article 5(1), the competent authority shall request from the
Amendment 73 #
Proposal for a regulation Article 4 – paragraph 3 – point c (c) due diligence guidelines or recommendations of the UN, ILO, OECD or other relevant international organisations with respect to actions taken in order to identify, prevent, mitigate or bring to an end risks of forced labour in their supply chains taking into account the geographical area from which the product or any of its part at any stage of its extraction, harvest, production or manufacture including working or processing related to it originates from;
Amendment 74 #
Proposal for a regulation Article 4 – paragraph 3 – point c (c) due diligence guidelines or recommendations of the UN, ILO, OECD or other relevant international organisations; in particular the social partners;
Amendment 75 #
Proposal for a regulation Article 4 – paragraph 3 – point c (c) due diligence guidelines or recommendations of the UN, ILO, OECD or other relevant international organisations, as well as the social partners;
Amendment 76 #
Proposal for a regulation Article 4 – paragraph 3 – point d (d) any other due diligence in relation to forced labour, such as work initiated by professional organisations.
Amendment 77 #
Proposal for a regulation Article 4 – paragraph 3 – point d (d) any other due diligence in relation
Amendment 78 #
Proposal for a regulation Article 4 – paragraph 3 a (new) 3a. As part of their investigations, national authorities shall consider the size and capacity of the economic operators questioned.
Amendment 79 #
Proposal for a regulation Article 4 – paragraph 4 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, or 30 days for micro-enterprises and SMEs. Economic operators may provide to competent authorities any other information they may deem useful for the purposes of this Article.
Amendment 80 #
Proposal for a regulation Article 4 – paragraph 7 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 in a reasonable period of time.
Amendment 81 #
Proposal for a regulation Article 5 – paragraph 1 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. They shall check in advance that an investigation of the same facts has not already been launched in another Member State.
Amendment 82 #
Proposal for a regulation Article 5 – paragraph 3 – point b (b) take into account the size and economic resources of the economic operators, the quantity of products concerned,
Amendment 83 #
Proposal for a regulation Article 5 – paragraph 3 a (new) 3a. The micro-enterprises and SMEs concerned shall provide the competent authorities with the relevant information relating to the first tier of their supply chain.
Amendment 84 #
Proposal for a regulation Article 5 – paragraph 4 4. Economic operators shall submit the information within 15 working days from the request referred to in paragraph 3 or make a justified request for an extension of that time limit. This time limit is extended to 30 days if the operator in question is a micro-enterprise or SME.
Amendment 85 #
Proposal for a regulation Article 6 – paragraph 2 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, for reasons attributable to the economic operator, to gather information and evidence pursuant to Article 5(3) or (6).
Amendment 86 #
Proposal for a regulation Article 6 – paragraph 4 – point b (b) an order for the economic operators that have been subject to the investigation to withdraw from the Union market, as of the date the order is in force, the relevant products that have already been placed or made available on the market;
Amendment 87 #
Proposal for a regulation Article 6 – paragraph 4 – point c (c) an order for the economic operators that have been subject to the investigation to dispose of the respective products still in their possession, in accordance with national law consistent with Union law.
Amendment 88 #
Proposal for a regulation Article 6 – paragraph 5 – introductory part 5.
Amendment 89 #
Proposal for a regulation Article 6 – paragraph 5 – point c (c) that any concerned product remaining with the economic operator concerned is disposed of in accordance with national law
Amendment 90 #
Proposal for a regulation Article 7 – paragraph 1 – point d (d)
Amendment 91 #
Proposal for a regulation Article 10 a (new) Article10a Remediation Member States shall in consultation with relevant stakeholders, including the social partners, establish mechanisms for effective remediation to victims whenever violations of Article 3 fall within their territory and/or jurisdiction.
Amendment 92 #
Proposal for a regulation Article 11 – title 11 Database of forced labour risk
Amendment 93 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable
Amendment 94 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database, accessible to persons with disabilities, of forced labour risks in specific geographic areas from which the product or any of its part at any stage of its extraction, harvest, production or manufacture including working or processing related to it originates from or with respect to specific products 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),
Amendment 95 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall
Amendment 96 #
Proposal for a regulation Article 11 – paragraph 1 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 or 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), and consultation with social partners and civil society as well as relevant external sources of information from, amongst others, international organisations and third country authorities.
Amendment 97 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall call upon external expertise to provide a
Amendment 98 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall
Amendment 99 #
Proposal for a regulation Article 11 – paragraph 2 2. The Commission shall ensure that the database is made publicly available by the external expertise
source: 746.935
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