Activities of Dominique BILDE related to 2022/0269(COD)
Shadow opinions (2)
OPINION 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
OPINION 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
Amendments (29)
Amendment 75 #
Proposal for a regulation
Recital 1
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.17. _________________ 16 https://www.ilo.org/global/standards/introd uction-to-international-labour- standards/conventions-and- recommendations/lang--en/index.htm. 17 The ILO definition of forced labour according to the ILO Forced Labour Convention, 1920 (No. 29), What is forced labour, modern slavery and human trafficking (Forced labour, modern slavery and human trafficking) (ilo.org).
Amendment 84 #
Proposal for a regulation
Recital 3
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 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 Siliadin v. France or para. 105 in Chowdury and Others v. Greece.
Amendment 90 #
Proposal for a regulation
Recital 5 a (new)
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
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 93 #
Proposal for a regulation
Recital 6 a (new)
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 95 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
Amendment 99 #
Proposal for a regulation
Recital 12
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 Commission to the European Parliament, the Council and the European Economic and Social Committee on decent work worldwide for a global just transition and a sustainable recovery (COM(2022) 66 final).
Amendment 102 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
Amendment 103 #
Proposal for a regulation
Recital 13 a (new)
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
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 113 #
Proposal for a regulation
Recital 19
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)
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 116 #
Proposal for a regulation
Recital 20
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 120 #
Proposal for a regulation
Recital 21
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 124 #
Proposal for a regulation
Recital 22 a (new)
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 135 #
Proposal for a regulation
Recital 29
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 141 #
Proposal for a regulation
Recital 32 a (new)
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 145 #
Proposal for a regulation
Recital 32 b (new)
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 157 #
Proposal for a regulation
Recital 44
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 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 161 #
Proposal for a regulation
Recital 45
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, and mechanisms for cooperation in criminal matters, including for example Human Rights Dialogues with third countries, or, if necessary, specific ones that will be created on an ad hoc basis.
Amendment 254 #
Proposal for a regulation
Article 11 – paragraph 2
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 Commission shall ensure that this database is easily accessible and usable and that the economic actors likely to use it, in particular VSEs/SMEs, are informed of its existence.
Amendment 259 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
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 267 #
Proposal for a regulation
Article 23 – paragraph 1 – point a
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;, with particular attention paid to the Union's VSEs/SMEs.
Amendment 275 #
Proposal for a regulation
Article 24 – paragraph 2
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 279 #
Proposal for a regulation
Article 24 – paragraph 3 – point b
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 285 #
Proposal for a regulation
Article 24 – paragraph 3 – point f
Article 24 – paragraph 3 – point f
(f) to promote the cooperation and exchange of expertise and best practices between competent authorities and customs authorities;, as well as, where appropriate, with the competent authorities of third countries.
Amendment 296 #
Proposal for a regulation
Article 26 – paragraph 1
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 299 #
Proposal for a regulation
Article 26 – paragraph 2
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 302 #
Proposal for a regulation
Article 26 – paragraph 2 a (new)
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.