Activities of Raphaël GLUCKSMANN related to 2022/0269(COD)
Shadow reports (1)
REPORT 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 (67)
Amendment 140 #
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, packaging, transportation or distribution, 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 142 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Based on the definition of forced labour specified in ILO Convention No. 29, the ‘ILO Indicators of Forced Labour’ represent the most common signs that point to the possible existence of a forced labour case and should be taken into account when enforcing the prohibition. However, these indicators may be insufficient for the identification of forced labour imposed by state authorities. These practices of forced labour are based on systemic and global coercive policies that require additional, specifically designed indicators.
Amendment 156 #
Proposal for a regulation
Recital 20
Recital 20
Amendment 169 #
Proposal for a regulation
Recital 22
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 or remediate forced labour cases in their operations and value chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should contribute to helping the economic operator to be at a lower risk of having forced labour in its operations and value chains. Appropriate due diligence could 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, or that the reasons that motivated the existence of a substantiated concern have been eliminated, 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 and ensures remediation of forced labour and its victims, no investigation should be initiated.
Amendment 178 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) Considering the robust amount of evidence available regarding forced labour cases in particular products, regions or sectors, competent authorities should, after a risk-assessment, focus their investigations on the situations presenting both a higher risk of use of forced labour and increased societal and economic impact, due to the large dimension of economic operators or their presence in a large number of supply chains.
Amendment 191 #
(25a) The Commission should 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 should be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, civil society, business organisations, social partners, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour. The database should include a list of all decisions of competent authorities and third countries' authorities, including information on the provision of remediation of forced labour cases that enabled the withdrawal of the ban.
Amendment 194 #
Proposal for a regulation
Recital 25 b (new)
Recital 25 b (new)
(25b) Where there is clear and reliable evidence that specific products produced in specific geographic areas, or by specific entities that systematically use forced labour, present a high risk of having been made with forced labour, experts could identify those products as “high risk products”. For these specific products, economic operators should bear the burden of establishing that forced labour has not been used at any stage of production, manufacture, harvest, extraction, packaging, transportation or distribution of a product, including working or processing related to the product.
Amendment 196 #
Proposal for a regulation
Recital 25 c (new)
Recital 25 c (new)
(25c) In order to strengthen the prohibition, the Commission should be able to adopt a decision identifying specific products produced in specific areas, or by specific entities, that are presumed to be in violation of the prohibition due to the existence of state- imposed forced labour schemes. This decision should be adopted where the Commission, after examination of the evidence contained in the database, considers that the high level of risk, the systemic scale of the violations and the number of products involved make it necessary in order to reduce the burden on competent authorities and effectively prevent the placement on the market of a large number of products of forced labour.
Amendment 201 #
Proposal for a regulation
Recital 26
Recital 26
(26) CIn all other cases, competent authorities should bear the burden of establishing that forced labour has been used at any stage of production, manufacture, harvest or, extraction, packaging, transportation or distribution of a product, including working or processing related to the product on the basis of all information and evidence gathered during the investigation, including its preliminary phase. To ensure their right to due process, economic operators should have the opportunity to provide information in their defence to the competent authorities throughout the investigation.
Amendment 205 #
Proposal for a regulation
Recital 27
Recital 27
(27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and have themdonate the products to charitable or public interest purposes. If such products cannot be donated, economic operators should recycle those products, and if that is not possible, they should have the products destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.
Amendment 220 #
Proposal for a regulation
Recital 30
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 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 donated to charitable or public interest purposes. If such products cannot be donated, economic operators should recycle those products, and if that is not possible, they should have the products 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 233 #
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 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. Submissions should be addressed to one or more national competent authority. Adequate protection measures should be put in place to ensure the safety of any person associated with the submission or the information contained within it, including from retaliation and reprisals. To ensure ease of use for the submission of information and the standardization of the information provided, the Commission should set up a mechanism for the submission of information, available in all EU official languages and free of charge, and ensure its user-friendliness.
Amendment 251 #
Proposal for a regulation
Recital 36
Recital 36
(36) Customs authorities that identify a product that may be covered by a decision communicated by competent authorities establishing a violation of the prohibition, or by the Commission establishing a presumption, should suspend the release of that product and notify the competent authorities or the Commission immediately. Competent authorities or the Commission should reach a conclusion within a reasonable timeframe on the case notified to them by the customs authorities, either by confirming or by denying that the product concerned is covered by a decision. Where necessary the competent authorities or the Commission should be authorised to require maintaining the suspension of its release. In the absence of a conclusion by competent authorities 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 255 #
Proposal for a regulation
Recital 37
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 productor where the economic operator has not been able to rebut the presumption of forced labour, the competent authorities or the Commission should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be donated to charitable or public interest purposes. If such products cannot be donated, they should be recycled, and if that is not possible, they 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 281 #
Proposal for a regulation
Recital 44 a (new)
Recital 44 a (new)
(44a) The Commission should ensure the effective and uniform application of this Regulation and to that effect support and encourage cooperation between enforcement authorities through the Network. Furthermore, the Commission should set up a harmonised approach for penalties, in particular lay down harmonised rules on penalties applicable to non-compliance with the decision of competent authorities.
Amendment 322 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
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 or, manufactured, packaged, transported or distributed, including working or processing related to a product at any stage of its supply chain;
Amendment 329 #
Proposal for a regulation
Article 2 – paragraph 1 – point g
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, packaging, transport or distribution, including working or processing related to a product at any stage of its supply chain;
Amendment 333 #
Proposal for a regulation
Article 2 – paragraph 1 – point g a (new)
Article 2 – paragraph 1 – point g a (new)
(ga) 'high-risk product' means a product that is likely to have been made with forced labour, based on reliable evidence of the widespread and systematic use of forced labour in both the geographical area and the sector from which it originates, or the systematic use of forced labour by its manufacturer or producer.
Amendment 341 #
Proposal for a regulation
Article 2 – paragraph 1 – point k
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 or, manufactures, packs, transports or distributes 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 413 #
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5a. 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(4).
Amendment 416 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
Amendment 427 #
Proposal for a regulation
Article 4 – paragraph 7
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, or that the reasons that motivated the existence of a substantiated concern have been eliminated, 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 and remediates forced labour.
Amendment 434 #
Proposal for a regulation
Article 5 – paragraph 1
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. When competent authorities initiate an investigation on the basis of evidence referred to in Article 11(1a), economic operators shall demonstrate that Article 3 has not been violated.
Amendment 448 #
Proposal for a regulation
Article 5 – paragraph 2 – point d a (new)
Article 5 – paragraph 2 – point d a (new)
(da) where the investigation has been initiated on the basis of evidence referred to in Article 11(1a), the requirement for the economic operator to demonstrate that Article 3 has not been violated.
Amendment 490 #
Proposal for a regulation
Article 6 – paragraph 1
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 Article 3 has been violated, within a reasonable period of time30 working days from the date they initiated the investigation pursuant to Article 5(1).
Amendment 494 #
2. Notwithstanding paragraph 1, competent authorities may establish that Article 3 has been violated on the basis of any other facts available where it was not possible to gather information and evidence pursuant to Article 4(3) and Article 5(3) or (6).
Amendment 514 #
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.:
Amendment 517 #
Proposal for a regulation
Article 6 – paragraph 4 – point c – point i (new)
Article 6 – paragraph 4 – point c – point i (new)
i) donate the products concerned to charitable organisations or organisations that benefit public interest;
Amendment 519 #
Proposal for a regulation
Article 6 – paragraph 4 – point c – point ii (new)
Article 6 – paragraph 4 – point c – point ii (new)
(ii) where donation is not possible, recycle the products concerned;
Amendment 520 #
Proposal for a regulation
Article 6 – paragraph 4 – point c – point iii (new)
Article 6 – paragraph 4 – point c – point iii (new)
(iii) where points (i) and (ii) are not possible, dispose of the respective products in accordance with national law consistent with Union law.
Amendment 532 #
Proposal for a regulation
Article 6 – paragraph 5 – point c
Article 6 – paragraph 5 – point c
(c) that any product remaining with the economic operator concerned is disposed of in accordance with national law consistent with Union law at the expense of the economic operator.:
Amendment 537 #
Proposal for a regulation
Article 6 – paragraph 5 – point c – point i (new)
Article 6 – paragraph 5 – point c – point i (new)
(i) donated to charitable organisations or organisations that benefit public interest;
Amendment 538 #
Proposal for a regulation
Article 6 – paragraph 5 – point c – point ii (new)
Article 6 – paragraph 5 – point c – point ii (new)
(ii) where donation is not possible, recycled
Amendment 539 #
Proposal for a regulation
Article 6 – paragraph 5 – point c – point iii (new)
Article 6 – paragraph 5 – point c – point iii (new)
(iii) where points (i) and (ii) are not possible, disposed of in accordance with national law consistent with Union law at the expense of the economic operator.
Amendment 546 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Where competent authorities establish that economic operators have provided 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 and remediated forced labour cases with respect to the products concerned, the competent authorities shall withdraw their decision for the future and inform the economic operators.
Amendment 565 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) all relevant information and in particular the details allowing the identification of the product, to which the decision applies, including details about the manufacturer or producer, producer, production site, and the product suppliers;
Amendment 586 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article8 Establishment of a presumption of forced labour 1. The Commission is empowered to adopt a decision, by means of an implementing act pursuant to Article 29, identifying specific products produced in specific areas, or by specific entities, that are presumed to be in violation of Article 3 due to the existence of forced labour imposed by state authorities. The Commission shall do so where it considers that the high level of risk, the systemic scale of the violations and the number of products involved make it necessary in order to reduce the burden on the competent authorities and to enforce the prohibition laid down in Article 3 effectively. 2. The decision referred to in paragraph 1 shall be adopted after examination of the evidence contained in the database referred to in Article 11.
Amendment 595 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. The Commission shall without delay inform the competent authorities of Member States using the information and communication system referred to in Article 22(1) about the following: (a) any decision to establish a presumption of forced labour referred to in Article 8a; (b) any decision to prohibit the placing and making available of the products on the market and their export referred to in Article 19a(5);
Amendment 602 #
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 competent authorities on alleged violations of Article 3 shall contain information on the economic operators or products concerned and provide the reasons substantiating the allegation. Submissions shall be addressed to one or more national competent authorities.
Amendment 608 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. The Commission shall set up a mechanism for the submission of information pursuant to paragraph 1. This mechanism shall be available in all official languages of the institutions of the Union, and it shall be user friendly and free of charge.
Amendment 631 #
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Based on reliable evidence, external experts may identify specific products produced in specific geographic areas, or by a specific entity, as products at high-risk of violation of Article 3.
Amendment 634 #
Proposal for a regulation
Article 11 – paragraph 1 b (new)
Article 11 – paragraph 1 b (new)
1b. The database shall include a list of all decisions of competent authorities pursuant to Article 6(3), Article 6(4) and Article 6(6), and decisions of the Commission pursuant to Articles 8a and 19a(5).
Amendment 639 #
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 2418 months after the entry into force of this Regulation.
Amendment 652 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. The Commission is also empowered to carry out the obligations set out in this Regulation, and it shall also contribute to an effective and uniform implementation of this Regulation throughout the Union.
Amendment 666 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Decisions taken by the Commission or by a competent authority in one Member State shall be recognised and enforced by competent authorities in the other Member States in so far as they relate to products with the same identification and from the same supply chain for which forced labour has been found.
Amendment 677 #
Proposal for a regulation
Article 14 – paragraph 6 a (new)
Article 14 – paragraph 6 a (new)
6a. Before initiating an investigation in accordance with Article 5, a competent authority shall verify in the information and communication system referred to in Article 22(1) whether the product is subject to a presumption pursuant to Article 8a. Where this is the case, the competent authority shall share all the evidence and information they may have with the Commission and shall not start a separate investigation.
Amendment 679 #
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. The Commission shall without delay communicate to the customs authorities of Member States any decision adopted in accordance with Article 8a.
Amendment 681 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Customs authorities shall rely on the decisions communicated pursuant to paragraph 3 and 3a to identify products that may not comply with the prohibition laid down in Article 3. For that purpose, they shall carry out controls on products entering or leaving the Union market in accordance with Articles 46 and 47 of Regulation (EU) No 952/2013.
Amendment 686 #
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
5. Where a specific product has been identified in a decision referred to in Articles 6(4) and 8a, in order for the customs authorities to be able to act immediately, the procedure provided for in Article 28 shall apply to delegated acts adopted pursuant to this Article.
Amendment 689 #
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
Where customs authorities identify a product entering or leaving the Union market that may, in accordance with a decision received pursuant to Article 15(3a), be presumed to 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 Commission of the suspension and transmit all relevant information to enable it to establish whether the product is covered by a decision communicated pursuant to Article 15(3a).
Amendment 693 #
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 authorities, or the Commission, have 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 697 #
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. Where the release for free circulation or the export of a product has been suspended in accordance with Article 17(1a), and where the Commission concludes that the product notified is covered by a decision pursuant to Article 8a, it shall request the customs authorities to maintain the suspension for the duration of the procedure described in Article 19a. The Commission shall notify the economic operator of the suspension and the reasons thereof.
Amendment 699 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Where the competent authorities conclude that a product that has been notified to them in accordance with Article 17(1) is a product made with forced labour pursuant to a decision referred to in Article 6(4), they shall require customs authorities not to release it for free circulation nor to allow its export.
Amendment 701 #
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 1
Article 19 – paragraph 2 – subparagraph 1
Competent authorities shall immediately enter that information in the information and communication system referred to in Article 22(1) and notify the customs authorities accordingly. Upon such notification, customs authorities shall not allow the release for free circulation or export of that product and shall also include the following notice in the customs data-processing system and, where possible, on the commercial invoice accompanying the product and on any other relevant accompanying document:
Amendment 703 #
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 2
Article 19 – paragraph 2 – subparagraph 2
Amendment 704 #
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
Amendment 705 #
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Amendment 707 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Where the release for free circulation or export of a product has been refused in accordance with Article 19 or Article 19a(5), customs authorities shall take the necessary measures to ensure that the product concerned is donated to charitable or public interest purposes. If such products cannot be donated, they should be recycled, and if that is not possible, they should be disposed of in accordance with national law consistent with Union law. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.
Amendment 713 #
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 Commission, competent authorities and customs authorities shall cooperate closely and exchange risk-related information.
Amendment 723 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The decisions communicated pursuant to Article 15(3) and (3a) shall be entered in the relevant customs risk management environment.
Amendment 724 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The Commission shall develop an interconnection to enable the automated communication of decisions referred to in Article 15(3) and (3a) from the information and communication system referred to in paragraph 1 to the environment referred to in paragraph 4. That interconnection shall start operating no later than two years from the date of the adoption of the implementing act referred to in paragraph 7, point (b), in respect of that interconnection.
Amendment 729 #
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
The Commission shall issue guidelines no later than 182 months after the entry into force of this Regulation, which shall include the following:
Amendment 763 #
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. The Commission and the Member States shall ensure that the Network has the necessary powers and resources to carry out the tasks referred to in paragraph 3, including sufficient budgetary and other resources.
Amendment 813 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Member StatesCommission shall lay down theharmonised rules on penalties applicable to non- compliance with a decisions referred to in Articles 6(4) and shall take all measures necessary to ensure that they are implemented in accordance with national law19a(5).
Amendment 816 #
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. Member States shall take all measures necessary to ensure that the penalties pursuant to paragraph 1 are implemented, and implemented in accordance with national law.
Amendment 822 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The Member States shall, by [OP enter DATE = 2418 months from entry into force of this Regulation], notify those provisions to the Commission, where they have not previously been notified, and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 829 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
This Regulation shall apply from [OP enter DATE = 2418 months from its entry into force].