118 Amendments of Bernd LANGE related to 2022/0269(COD)
Amendment 104 #
Proposal for a regulation
Recital 2
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 a lack of good governance of certain economic operators and frequently coincides with non-respect of other fundamental principles and rights at work such as the right to bargain collectively and the right to freedom of association. _________________ 18 The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733. pdf.
Amendment 125 #
Proposal for a regulation
Recital 8
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. Those obligations apply to large companies over a certain threshold in terms of number of employees and net turnover, and to smaller companies in high-impact sectors over a certain threshold in terms of number of employees and net turnover.22 ] Consistency between that Directive and this Regulation should be ensured. _________________ 22 Directive 20XX/XX/EU of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937, OJ XX, XX.XX.20XX, p. XX.
Amendment 133 #
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 or services made with forced labour or exporting domestically produced or imported products or services made with forced labour should be prohibited and it should be ensured that those products and services are withdrawn from the Union market.
Amendment 135 #
Proposal for a regulation
Recital 15
Recital 15
(15) Currently there is no Union legislation that empowers Member States’ authorities to directly detain, seize, or order the withdrawal of a product or service on the basis of a finding that it was made, whether in whole or in part, with forced labour.
Amendment 137 #
Proposal for a regulation
Recital 16
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 to services that involve forced labour. 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 should also apply to services.
Amendment 146 #
Proposal for a regulation
Recital 18
Recital 18
(18) Micro, small and medium-sized enterprises (’SMEs’) can have limited resources and ability to ensure that the products or services 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.
Amendment 154 #
Proposal for a regulation
Recital 19
Recital 19
(19) TheA competent authorities of the Member Statesy should be established at the EU level. This competent authority should monitor the market to identify violations of the prohibition. In appointing thosThe competent authorities, Member States should ensure that those authoritiesy should have sufficient resources and that their staff hasits staff should have the necessary competences and knowledge, especially with regard to human rights, value chain management and due diligence processes. CThe competent authoritiesy 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 158 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to increase the effectiveness of the prohibition, the competent authoritiesy should grant reasonable time to economic operators to identify, mitigate, prevent and bring to an end the risk of forced labour.
Amendment 163 #
Proposal for a regulation
Recital 21
Recital 21
(21) When identifying potential violations of the prohibition, the competent authoritiesy should follow a risk-based approach and assess all information available to them. CThe competent authoritiesy should initiate an investigation where, based on theirits assessment of all available information, ithey establishes that there is a substantiated concern of a violation of the prohibition.
Amendment 171 #
Proposal for a regulation
Recital 22
Recital 22
(22) Before initiating an investigation, the competent authoritiesy should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour in their operations and value chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and value chains. Appropriate due diligence means that forced labour issues in the value chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated.
Amendment 174 #
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure cooperation amoThe competent authority designated under this Regulation should cooperate with other relevant authorities, including 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. It should also 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 180 #
Proposal for a regulation
Recital 24
Recital 24
(24) During the preliminary phase of investigation, competent authorities should focus on the economic operators involved in the steps of the value chain where there is a higher risk of forced labour with respect to the products under investigation, while also taking into account their potential imbalance of power in the concerned supply chain. In their assessment they should also take into account the size and economic resources of the economic operator, the quantity of products concerned and the scale of the suspected forced labour.
Amendment 187 #
Proposal for a regulation
Recital 25
Recital 25
(25) CThe competent authoritiesy, when requesting information during the investigation, should prioritise to the extent possible and consistent with the effective conduct of the investigation the economic operators under investigation that are involved in the steps of the value chain as close as possible to where the likely risk of forced labour occurs and take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.
Amendment 197 #
Proposal for a regulation
Recital 26
Recital 26
(26) CThe competent authoritiesy should bear the burden of establishing that forced labour has been used at any stage of production, manufacture, harvest or extraction of a product, including working or processing related to the product on the basis of all information and evidence gathered during the investigation, including its preliminary phase. The competent authority should bear the same burden of establishing that forced labour has been used in case of a service. To ensure their right to due process, economic operators should have the opportunity to provide information in their defence to the competent authoritiesy throughout the investigation.
Amendment 210 #
Proposal for a regulation
Recital 27
Recital 27
(27) CThe competent authoritiesy that establishes that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products or services on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products or services already made available from the Union market and have them destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.
Amendment 215 #
Proposal for a regulation
Recital 28
Recital 28
(28) In that decision, the competent authoritiesy 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 or service 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.
Amendment 218 #
Proposal for a regulation
Recital 29
Recital 29
(29) In setting a reasonable time to comply with the order, the competent authoritiesy should take into account the size and economic resources of the economic operators concerned.
Amendment 226 #
Proposal for a regulation
Recital 30
Recital 30
(30) If the economic operators fail to comply with the decision of the competent authoritiesy by the end of the established timeframe, the competent authoritiesy should ensure that the relevant products or services are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management at the expense of the economic operators.
Amendment 229 #
Proposal for a regulation
Recital 31
Recital 31
(31) Economic operators should have the possibility to request a review of the decisions by the competent authoritiesy, after having provided new information showing that it cannot be concluded that the relevant products have been made with forced labour. CThe competent authoritiesy should withdraw theirits decision where ithey establishes on the basis of that new information, that it cannot be established that the products have been made with forced labour.
Amendment 236 #
Proposal for a regulation
Recital 32
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 authoritiesy 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.
Amendment 243 #
Proposal for a regulation
Recital 33
Recital 33
(33) The Commission should issue guidelines in order to facilitate the implementation of the prohibition by economic operators and the competent authoritiesy. Such guidelines should include guidance on due diligence in relation to forced labour and complementary information for the competent authoritiesy 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 247 #
Proposal for a regulation
Recital 34
Recital 34
(34) Decisions of the competent authoritiesy establishing a violation of the prohibition should be communicated to customs authorities, who should aim at identifying the product concerned amongst products declared for release for free circulation or export. The competent authoritiesy should be responsible for the overall enforcement of the prohibition with regard to the internal market as well as products entering or leaving the Union market. Since forced labour is part of the manufacturing process and does not leave any trace on the product, and Regulation (EU) 2019/1020 covers only manufactured products and its scope is limited to release for free circulation, the customs authorities would be unable to act autonomously under Regulation (EU) 2019/1020 for the application and enforcement of the prohibition. The specific organisation of controls of each Member State should be without prejudice to Regulation (EU) No 952/2013 of the European Parliament and of the Council32and its general provisions on the control and supervisory powers of customs authorities. _________________ 32 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (recast) (OJ L 269, 10.10.2013, p. 1).
Amendment 250 #
Proposal for a regulation
Recital 35
Recital 35
(35) The information currently made available to customs authorities by economic operators includes only general information on the products but lacks information on the manufacturer or producer and product suppliers as well as specific information on products. In order for customs authorities to be able to identify products entering or leaving the Union market that may violate the Regulation and should accordingly be stopped at the EU external borders, economic operators should submit to customs authorities information allowing matching a decision of the competent authoritiesy with the product concerned. This should include information on the manufacturer or producer and the product suppliers as well as any other information on the product itself. To this end, the Commission should be empowered to adopt delegated acts identifying the products for which such information should be provided using, amongst others, the database established under this Regulation as well as the information and decisions of the competent authorities encoded in the information and communication system set out in Article 34 of Regulation (EU) 2019/1020 (‘ICSMS’). Moreover, the Commission should be empowered to adopt, the implementing acts necessary to specify the details of the information to be made available to customs by the economic operators. This information should include the description, name or brand of the product, specific requirements under Union legislation for the identification of the product (such as a type, reference, model, batch or serial number affixed on the product, or provided on the packaging or in a document accompanying the product, or unique identifier of the digital product passport) as well as details on the manufacturer or producer and the product suppliers, including for each of them their name, trade name or registered trademark, their contact details, their unique identification number in the country they are established and, where available, their Economic Operators Registration and Identification (EORI) number. The review of the Union Customs Code will consider introducing in the customs legislation the information required to be made available to customs by the economic operators for the enforcement of this Regulation and more broadly to strengthen the transparency of the supply chain.
Amendment 254 #
Proposal for a regulation
Recital 36
Recital 36
(36) Customs authorities that identify a product that may be covered by a decision communicated by the competent authoritiesy establishing a violation of the prohibition should suspend the release of that product and notify the competent authoritiesy immediately. CThe competent authoritiesy should reach a conclusion within a reasonable timeframe on the case notified to ithem by the customs authorities, either by confirming or by denying that the product concerned is covered by a decision. Where necessary the competent authoritiesy should be authorised to require maintaining the suspension of its release. In the absence of a conclusion by the competent authoritiesy within the specified time limit, customs authorities should release the products if all other applicable requirements and formalities are fulfilled. Generally, the release for free circulation or export should also not be deemed to be proof of compliance with Union law, since such a release does not necessarily include a complete control of such compliance.
Amendment 262 #
Proposal for a regulation
Recital 37
Recital 37
(37) Where the competent authoritiesy concludes that a product corresponds to a decision establishing a violation of the prohibition, ithey should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management, which excludes re- export in case of non-Union goods.
Amendment 265 #
Proposal for a regulation
Recital 39
Recital 39
(39) A uniform enforcement of the prohibition as regards products entering or leaving the Union market can only be achieved through systematic exchange of information and cooperation amongst the competent authorities,y and the customs authorities and the Commission.
Amendment 266 #
(40) For the collection, processing and storage of information, in a structured form, on issues relating to the enforcement of the prohibition, the competent authoritiesy should use ICSMS. The Commission, competent authoritiesy and customs authorities should have access to that system to carry out their respective duties under this Regulation.
Amendment 267 #
Proposal for a regulation
Recital 41
Recital 41
(41) In order to optimise and unburden the control process of products entering or leaving the Union market, it is necessary to allow for an automated data transfer between the ICSMS and customs systems. Three different data transfers should be distinguished in view of their respective purposes. Firstly, decisions establishing a violation of the prohibition should be communicated from the ICSMS to the Electronic Customs Risk Management System (CRMS) referred to in Article 36 of Commission Implementing Regulation (EU) 2015/244733, without prejudice to any future evolution of the customs risk management environment, for use by customs authorities to identify products that may correspond to such a decision. The available interfaces of the customs environment should be used for those first data transfers. Secondly, where customs authorities identify such a product, case management will be necessary to, among others, transfer the notification of the suspension, the conclusion of thecompetent authoritiesyand the outcome of the actions taken by customs. The EU Single Window Environment for customs should support those second data transfers between ICSMS and national customs systems. Thirdly, customs systems contain information on products entering and leaving the Union market that would be relevant for thecompetent authoritiesyto carry out their duties but that is not accessible to them. The relevant information should therefore be extracted and transmitted to the ICSMS. The three interconnections should be highly automated and easy-to- use, so as to limit any additional burden for customs authorities. The Commission should be empowered to adopt, in cooperation with customs authorities and competent authorities, the implementing acts necessary to determine the procedural rules, practical arrangements and data elements to be transferred between the ICSMS and customs systems and any other ancillary requirement. _________________ 33 Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, OJ L 343, 29.12.2015, p. 558.
Amendment 268 #
Proposal for a regulation
Recital 42
Recital 42
Amendment 273 #
Proposal for a regulation
Recital 44
Recital 44
Amendment 283 #
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, for example Human Rights Dialogues with third countries, or, if necessary, specific ones that will be created on an ad hoc basis. Existing dialogue structures with third countries include the (sub)committees on trade and sustainable development in trade agreements or the dialogue foreseen within the Generalised System of Preferences. EU Delegations should have an important role when it comes to disseminating information on this Regulation and should facilitate the possibility of third parties in third countries to provide information on the existence of forced labour on a determined product.
Amendment 287 #
Proposal for a regulation
Recital 48
Recital 48
(48) In order to ensure that the customs authorities are provided with all the necessary information about the product to act effectively, including the information identifying the relevant product, information about the manufacturer or the producer and information about the product suppliers as regards products entering or leaving the Union market, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission. Customs authorities need to be enabled to obtain information rapidly on specific products, identified in the decisions of the competent authoritiesy in order to take actions and measures effectively and swiftly. In such cases, delegated acts should be adopted in an urgent procedure.
Amendment 295 #
Proposal for a regulation
Article 1 – paragraph 1
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 or services made with forced labour.
Amendment 300 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall not cover the withdrawal of products or services which have reached the end-users in the Union market.
Amendment 337 #
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘economic operator’ means any natural or legal person or association of persons who is placing or making available products or services on the Union market or exporting products or services;
Amendment 348 #
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
(n) ‘substantiated concern’ means a well-founded reason, based on objective and verifiable information, for the competent authoritiesy to suspect that products were likely made with forced labour or that services likely involve forced labour;
Amendment 358 #
Proposal for a regulation
Article 2 – paragraph 1 – point u a (new)
Article 2 – paragraph 1 – point u a (new)
(ua) 'meaningful engagement with stakeholders' means an interactive, responsive, ongoing and gender-inclusive process of engagement with potentially affected suppliers, stakeholders and their representative organisations, especially vulnerable stakeholders, such as workers, trade unions, smallholders, indigenous peoples and local communities before a potential decision on disengaging is made;
Amendment 365 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Economic operators shall not place or make available on the Union market products or services that are made with or involving forced labour, nor shall they export such products or services.
Amendment 369 #
Proposal for a regulation
Chapter II – title
Chapter II – title
II Investigations and decisions of the competent authoritiesy
Amendment 374 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. CThe competent authoritiesy shall follow a risk-based approach in assessing the likelihood that economic operators violated Article 3. That assessment shall be based on all relevant information available to ithem, including the following information:
Amendment 381 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall in a first instance focus on the economic operators involved in the steps of the value chain as close as possible to where the risk of forced labour is likely to occur and, while also taking into account the potential imbalance of power in the concerned supply chain. In their assessment they shall also take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.
Amendment 389 #
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
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 value chains with respect to the products or services under assessment, including on the basis of any of the following:
Amendment 396 #
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1 (new)
Article 4 – paragraph 3 – subparagraph 1 (new)
The competent authority shall ensure that when economic operators refer to actions taken, as referred to above, those economic operators also identify and assess the impacts of their business models and strategies, including trading, procurement and pricing practices.
Amendment 401 #
Proposal for a regulation
Article 4 – paragraph 4
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. Economic operators may provide to the competent authoritiesy any other information they may deem useful for the purposes of this Article.
Amendment 412 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Within 30 working days from the date of receipt of the information submitted by economic operators pursuant to paragraph 4, the competent authoritiesy shall conclude the preliminary phase of theirits investigation as to whether there is a substantiated concern of violation of Article 3 on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4.
Amendment 419 #
Proposal for a regulation
Article 4 – paragraph 6
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 bringing to an end forced labour in a short period of time. The competent authority shall assess whether the economic operator demonstrates that it did not use disengagement as first resort for the products under assessment or products that are equivalent thereof.
Amendment 428 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. CThe competent authoritiesy 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 authoritiesy considers 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.
Amendment 437 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. CIf the competent authorities thaty, pursuant to Article 4(5), determines that there is a substantiated concern of a violation of Article 3, it shall decide to initiate an investigation on the products or services and economic operators concerned.
Amendment 441 #
Proposal for a regulation
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. CThe competent authoritiesy that initiates an investigation pursuant to paragraph 1 shall inform the economic operators subject to the investigation, within 3 working days from the date of the decision to initiate such investigation about the following:
Amendment 443 #
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) the products or services subject to the investigation;
Amendment 455 #
3. Where requested to do so by competent authoritiesy, economic operators under investigation shall submit to those competent authoritiesy 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, the competent authoritiesy shall to the extent possible:
Amendment 463 #
Proposal for a regulation
Article 5 – paragraph 3 – point b
Article 5 – paragraph 3 – point b
(b) take into account the size and economic resources of the economic operators, the quantity of products concerned or the volume of services, as well as the scale of suspected forced labour.
Amendment 477 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. When deciding on the time limits referred to in this Article, the competent authoritiesy shall consider the size and economic resources of the economic operators concerned.
Amendment 480 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. CThe competent authoritiesy may carry out all necessary checks and inspections including investigations in third countries, provided that the economic operators concerned give their consent and that the government of the Member State or third country in which the inspections are to take place has been officially notified and raises no objection.
Amendment 483 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Decisions of the competent authoritiesy
Amendment 489 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. CThe competent authoritiesy shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish whether Article 3 has been violated, within a reasonable period of time from the date ithey initiated the investigation pursuant to Article 5(1).
Amendment 495 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Notwithstanding paragraph 1, the competent authoritiesy may establish that Article 3 has been violated on the basis of any other facts available where it was not possible to gather information and evidence pursuant to Article 5(3) or (6).
Amendment 498 #
Proposal for a regulation
Article 6 – paragraph 3
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. The closing of the investigation for lack of proof shall not preclude the right of competent authorities to start a new investigation into the same product in case new relevant information arises.
Amendment 503 #
Proposal for a regulation
Article 6 – paragraph 4 – introductory part
Article 6 – paragraph 4 – introductory part
4. Where the competent authorities y establishes that Article 3 has been violated, ithey shall without delay adopt a decision containing:
Amendment 506 #
(a) a prohibition to place or make the products or services concerned available on the Union market and to export them;
Amendment 509 #
Proposal for a regulation
Article 6 – paragraph 4 – point b
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 the relevant products or services that have already been placed or made available on the market;
Amendment 515 #
Proposal for a regulation
Article 6 – paragraph 4 – point c
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 in accordance with national law consistent with Union law or to stop providing the respective service.
Amendment 529 #
5. Where an economic operator has failed to comply with the decision referred to in paragraph 4, the competent authoritiesy shall ensure all of the following:
Amendment 530 #
Proposal for a regulation
Article 6 – paragraph 5 – point a
Article 6 – paragraph 5 – point a
(a) that it is prohibited to place or make available the products or services concerned on the market;
Amendment 531 #
Proposal for a regulation
Article 6 – paragraph 5 – point b
Article 6 – paragraph 5 – point b
(b) that the products or services already placed or made available on the market are withdrawn from the Union market;
Amendment 549 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Where economic operators provide evidence to the competent authoritiesy that they have complied with the decision referred to in paragraph 4, and that they have eliminated forced labour from their operations or supply chain with respect to the products concerned, the competent authoritiesy shall withdraw their decision for the future and inform the economic operators.
Amendment 550 #
Proposal for a regulation
Article 6 – paragraph 6 – subparagraph 1 (new)
Article 6 – paragraph 6 – subparagraph 1 (new)
Economic operators shall avoid simply disengaging from their operators in order to eliminate forced labour from their supply chains. In case efforts to prevent, minimise and remedy the situation fail, then the economic operator shall consider disengaging in a responsible way. Before potentially reaching a decision to disengage, economic operators shall engage meaningfully with stakeholders that would be impacted by such a decision. Responsible disengagement entails, as a minimum, complying with collective agreements and articulating escalation measures. Economic operators shall act in accordance with the July 2021 Commission and EEAS guidance on combatting forced labour in supply chains.
Amendment 558 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
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 or services. When setting such a time limit, the competent authority shall take into account the economic operator’s size and economic resources;
Amendment 571 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. CThe competent authoritiesy shall provide economic operators affected by a decision adopted pursuant to Article 6(4) the possibility of requesting a review of that decision within 15 working days from the date of receipt of that decision. In case of perishable goods, animals and plants, that time limit shall be 5 working days. The request for review shall contain information which demonstrates that the products or services are placed or made available on the market or to be exported in compliance with Article 3.
Amendment 578 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Where a competent authority considers that after taking into account the new information provided by the economic operator in accordance with paragraph 1 it cannot establish that the products or services have been placed or made available on the market or are being exported in violation of Article 3, it shall withdraw its decision adopted pursuant to Article 6(4).
Amendment 582 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Economic operators that have been affected by a decision of athe competent authority pursuant to this Regulation shall have access to a court to review the procedural and substantive legality of the decision.
Amendment 583 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Decisions adopted by the competent authoritiesy pursuant to Article 6 and to this Article are without prejudice to any decisions of a judicial nature taken by national courts or tribunals of the Member States with respect to the same economic operators or, products or services.
Amendment 587 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Information obligations of the competent authoritiesy
Amendment 588 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. The competent authority shall without delay inform the Commission and the competent authorities of other Member States using the information and communication system referred to in Article 22(1) about the following:
Amendment 591 #
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) any decision to prohibit placing and making available of the products or services on the market and their export, as well as to order the withdrawal of the products or services already placed or made available on the market and their disposal referred to in Article 6(4);
Amendment 604 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Submissions of information by any natural or legal person or any association not having legal personality, to the competent authoritiesy on alleged violations of Article 3 shall contain information on the economic operators or, products or services concerned and provide the reasons substantiating the allegation.
Amendment 619 #
Proposal for a regulation
Article 11 – title
Article 11 – title
Database of forced labour risk areas or, products or services
Amendment 623 #
Proposal for a regulation
Article 11 – paragraph 1
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 or 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. The database shall function according to the most recent technological developments so as to make it as useful and effective as possible.
Amendment 646 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Economic operators placing or making available on the Union market or exporting products or services which are not mentioned in the database referred to in paragraph 1 of this Article, or which come from areas that are not mentioned in that database, shall also be required to comply with Article 3.
Amendment 649 #
Proposal for a regulation
Article 12 – title
Article 12 – title
Competent authoritiesy
Amendment 651 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall designate one or morA competent authority shall be established on the EU level. The competent authoritiesy shall be responsible for carrying out the obligations set out in this Regulation. Designated Member State competent authorities shall be responsible as well as for ensuring the effective and uniform implementation of this Regulation throughout the Union.
Amendment 653 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 654 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 655 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 657 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. Member States shall ensure that the designatedThe competent authoritiesy shall exercise theirits powers impartially, transparently and with due respect for obligations of professional secrecy. Member States shall ensure that theirThe competent authoritiesy shall have the necessary powers and resources to carry out the investigations, including sufficient budgetary and other resources and coordinate closely with the national labour inspections and judicial and law enforcement authorities, including those responsible for the fight against trafficking in human beings.
Amendment 660 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Member States shall confer on theirThe competent authoritiesy shall have the power to impose penalties in accordance with Article 30.
Amendment 662 #
Proposal for a regulation
Article 13
Article 13
Administrative cooperation and communication among competent 1. The Commission shall ensure efficient cooperation among the competent authorities of the Member States through facilitating and coordinating the exchange and collection of information and best practices with regard to the application of this Regulation. 2. Competent authorities shall actively participate in the Network referred to in Article 24.rticle 13 deleted authorities
Amendment 663 #
Proposal for a regulation
Article 14
Article 14
Amendment 664 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Amendment 668 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 671 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Where two or more competent authorities initiate investigations concerning the same products, services or economic operators, the lead authority shall be the one which first informed the Commission and the competent authorities of other Member States of the decision to initiate an investigation in accordance with Article 9(1), point (b).
Amendment 672 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 674 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
Amendment 675 #
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
Amendment 683 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 27 to supplement this Regulation by identifying the products or product groups for which the information referred to in paragraph 2 shall be provided to customs authorities, amongst others, on the basis of the database referred to in Article 11 or f information and decisions encoded in the information and communication system referred to in Article 22(1).
Amendment 688 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
Where customs authorities identify a product entering or leaving the Union market that may, in accordance with a decision received pursuant to Article 15(3), be in violation of Article 3, they shall suspend the release for free circulation or the export of that product. Customs authorities shall immediately notify the relevant competent authoritiesy of the suspension and transmit all relevant information to enable ithem to establish whether the product is covered by a decision communicated pursuant to Article 15(3).
Amendment 694 #
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) within 4 working days of the suspension, if the competent authoritiesy haves not requested the customs authorities to maintain the suspension. In case of perishable products, animals and plants that time limit shall be 2 working days;
Amendment 696 #
Proposal for a regulation
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) the competent authoritiesy informed the customs authorities of theirits approval for release for free circulation or export pursuant to this Regulation.
Amendment 700 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Where the competent authoritiesy concludes that a product that has been notified to them in accordance with Article 17 is a product made with forced labour pursuant to a decision referred to in Article 6(4), ithey shall require customs authorities not to release it for free circulation nor to allow its export.
Amendment 702 #
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 1
Article 19 – paragraph 2 – subparagraph 1
Amendment 715 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. To enable a risk-based approach for products or services entering or leaving the Union market and to ensure that controls are effective and performed in accordance with the requirements of this Regulation, competent authorities and customs authorities shall cooperate closely and exchange risk-related information.
Amendment 716 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. To enable a risk-based approach for products entering or leaving the Union market and to ensure that controls are effective and performed in accordance with the requirements of this Regulation, the competent authoritiesy and customs authorities shall cooperate closely and exchange risk-related information.
Amendment 717 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. To enable a risk-based approach for products entering or leaving the Union market and to ensure that controls are effective and performed in accordance with the requirements of this Regulation, the competent authoritiesy and customs authorities shall cooperate closely and exchange risk-related information.
Amendment 720 #
Proposal for a regulation
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b
(b) the competent authoritiesy and customs authorities in accordance with Article 47(2) of Regulation (EU) No 952/2013.
Amendment 722 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. For the purposes of Chapters II and III, the competent authoritiesy shall use the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020. The Commission, competent authoritiesy and customs authorities shall have access to that system for the purposes of this Regulation.
Amendment 726 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. Requests and notifications exchanged between the competent authoritiesy and customs authorities pursuant to Articles 17 to 20 of this Regulation as well as the ensuing messages shall take place by means of the information and communication system referred to in paragraph 1.
Amendment 746 #
Proposal for a regulation
Article 23 – paragraph 1 – point d
Article 23 – paragraph 1 – point d
Amendment 758 #
Proposal for a regulation
Article 24 – title
Article 24 – title
Union Network Against Forced Labour Products and Services
Amendment 761 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A Union Network Against Forced Labour Products and Services (‘the Network’) is established. The Network shall serve as a platform for structured coordination and cooperation between the competent authority and experts from the customs 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 764 #
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. EU delegations, particularly based in countries with regions identified as of high risk of forced labour, shall also be involved in the work of this Network.
Amendment 772 #
Proposal for a regulation
Article 24 – paragraph 3 – point e
Article 24 – paragraph 3 – point e
(e) promote and facilitate collaboration to explore possibilities for using new technologies for the enforcement of this Regulation and the traceability of products and services;
Amendment 776 #
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 the competent authoritiesy and customs authorities;
Amendment 780 #
Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)
Article 24 – paragraph 3 – point f a (new)
(fa) coordinate dissemination efforts in and outside the EU;
Amendment 790 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The competent authoritiesy shall only use information received pursuant to this Regulation for the purpose of applying this Regulation.
Amendment 792 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Where requested, the Commission, Member States and competent authoritiesy shall treat the identity of those who provide information, or the information provided, as confidential. A request for confidentiality shall be accompanied 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 797 #
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, civil society representatives and business organisations. 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. Existing dialogue structures with third countries include the (sub)committees on trade and sustainable development in trade agreements or the dialogue foreseen within the Generalised System of Preferences.
Amendment 810 #
Proposal for a regulation
Article 26 a (new)
Article 26 a (new)
Article26a Development cooperation The Commission and Member States shall develop cooperation and partnership mechanisms with third countries to address the root causes of forced labour as well as to build the capacity of upstream economic actors to respond to the requirements under this Regulation.
Amendment 824 #
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Article30a Evaluation and review 1.By [five years after the date of application] and every five years thereafter, the Commission shall carry out an evaluation of this Regulation taking account its objectives and shall submit a report thereon to the European Parliament, to the Council and to the European Economic and Social Committee. 2. The report shall assess whether this Regulation achieved its objective, in particular with regard to reducing the number of products on the Union market made with forced labour, improving the functioning of the competent authority and strengthening the controls on products entering the Union market, while taking into account the impact on businesses, in particular on SMEs. In drawing up the report, the Commission shall consult affected stakeholders, such as trade unions. 3. The report shall be accompanied, where appropriate, by a legislative proposal. 4. The Commission shall continuously monitor the impact of this Regulation on victims of forced labour, also paying particular regard to the situation of women and children. The monitoring shall be based on a scientific and transparent methodology and shall take into account information provided by stakeholders.