Activities of Miriam LEXMANN related to 2022/0269(COD)
Shadow opinions (1)
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 (46)
Amendment 26 #
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 constitutes a serious violation of human dignity and fundamental human rights. The ILO declared the elimination of all forms of forced or compulsory labour as a principle concerning the fundamental rights. The ILO classifies ILO Convention No. 29, the 2014 Protocol to Convention No. 29 and the ILO Convention No.105 on the abolition of forced labour (‘ILO Convention No.105’) as fundamental ILO Conventions16. Forced labour covers a wide variety of coercive labour practices where work or service is exacted from persons that have not offered it themselves voluntarily.17 This definition generally applies to work or service exacted by governments and public authorities as well as private bodies and individuals. The ILO has developed several elements, which individually or in conjunction, can indicate a forced labour situation: threats or actual physical harm, restriction of movement or confinement to the workplace or a limited area, debt bondage, withholding wages or excessive wage reduction that violates previously made agreements, or retention of passports and identity documents or threat of denunciation to the authorities, when the worker has an irregular immigration status. Labour market measures, such as a gradual decline of unemployment benefit or the loss of unemployment benefit or assistance when an unemployed person rejects a job offer, adopted by OECD countries should not in principle be deemed in breach of the ILO Convention No. 29 and the ILO Convention No. 105. _________________ 16 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 34 #
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 absence or a lack of good governance of certain economic operators. Forced labour can also take place as a result of authorities' tacit consent. _________________ 18 The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733. pdf.
Amendment 35 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
Amendment 39 #
Proposal for a regulation
Recital 3
Recital 3
(3) The eradication of forced labour is a priority for the Union that stems inter alia from its principles and international human rights commitments. Respect for human dignity and the universality and indivisibility of human rights are also firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19The European Parliament in its resolutions strongly condemned forced labour and called for a ban on products made with forced labour especially regarding the practices of People´s Republic of China (PRC).19aIt is therefore not only a matter of market distortion but also a matter of public moral concern that products made with forced labour could be available on the Union market or exported to third countries without an effective mechanism to ban or withdraw such products. _________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece. 19a See Resolutions: MOTION FOR A RESOLUTION on a new trade instrument to ban products made by forced labour (europa.eu), Texts adopted - Forced labour and the situation of the Uyghurs in the Xinjiang Uyghur Autonomous Region - Thursday, 17 December 2020 (europa.eu),
Amendment 41 #
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 constitutes a serious violation of human dignity and fundamental human rights. The ILO declared the elimination of all forms of forced or compulsory labour as a principle concerning the fundamental rights. The ILO classifies ILO Convention No. 29, the 2014 Protocol to Convention No. 29 and the ILO Convention No.105 on the abolition of forced labour (‘ILO Convention No.105’) as fundamental ILO Conventions16 . Forced labour covers a wide variety of coercive labour practices where work or service is exacted from persons that have not offered it themselves voluntarily.17 This definition generally applies to work or service exacted by governments and public authorities as well as private bodies and individuals. The ILO has developed several elements which, individually or in conjunction, can indicate a forced labour situation: threats or actual physical harm, restriction of movement or confinement to the workplace or a limited area, debt bondage, withholding wages or excessive wage reduction that violates previously made agreements, retention of passports and identity documents or threat of denunciation to the authorities, when the worker has an irregular immigration status. Labour market measures, such as a gradual decline of unemployment benefit or the loss of unemployment benefit or assistance when an unemployed person rejects a job offer, adopted by OECD countries, should not in principle be deemed in breach of the ILO Convention No. 29 and the ILO Convention No. 105. __________________ 16 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 44 #
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 2021.18 Vulnerable and marginalised groups in a society are particularly susceptible to be pressured into performing forced labour. Even when it is not state imposed, forced labour is often a consequence of absence or lack of good governance of certain economic operators. Forced labour can also take place as a result of authorities' tacit consent. __________________ 18 The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733. pdf.
Amendment 46 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The Office of the UN High Commissioner for Human Rights (OHCHR) concluded that the People’s Republic of China (PRC) has committed ‘serious human rights violations’ against the Uyghur and ‘other predominantly Muslim communities’ in what the PRC refers to as the Xinjiang Uyghur Autonomous Region (XUAR). This includes ‘torture, sexual violence, ill- treatment, forced medical treatment, as well as forced labour and reports of deaths in custody’ committed in camps and other detention facilities.
Amendment 48 #
Proposal for a regulation
Recital 5
Recital 5
(5) Through its policies and legislative initiatives the Union seeksmust intensify its effort to eradicate the use of forced labour. The Union promotes due diligence in accordance with international guidelines and principles established by international organisations, including the ILO, the Organisation for Economic Co-operation and Development (hereinafter “OECD”) and the United Nations (hereinafter “UN”), to ensure that forced labour does not find a place in the valuesupply chains of undertakings established in the Union. Prevention and elimination of forced labour including child labour should also be a prerequisite of Union´s external commercial and economic relations.
Amendment 49 #
Proposal for a regulation
Recital 3
Recital 3
(3) The eradication of forced labour is a priority for the Union that stems inter alia from its principles and international commitments. Respect for human dignity and the universality and indivisibility of human rights are also firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as 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 50 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) This Regulation creates an additional economic instrument to prevent and eliminate forced labour worldwide by prohibiting products made with forced labour. In addition to these economic instruments, the Union has existing complementary frameworks to fulfil its obligations to uphold human dignity of every human being and address the root causes of forced labour, including child labour.
Amendment 52 #
Proposal for a regulation
Recital 17
Recital 17
(17) The prohibition should contribute to the international efforts to abolish forced labour. To this end, any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information to the competent authorities when it considers that products made with forced labour are placed and made available on the Union market and, where relevant, to be informed of the outcome of the assessment of their submission. In order to facilitate exchange of information between relevant authorities as well as submission of information, the Commission shall ensure the creation of a dedicated online platform with a singular format in all working languages of the Union. The definition of ‘forced labour’ should therefore be aligned with the definition laid down in ILO Convention No. 29. The definition of ‘forced labour applied by state authorities’ should be aligned with ILO Convention No. 105, which prohibits specifically the use of forced labour as punishment for the expression of political views, for the purposes of economic development, as a means of labour discipline, as a punishment for participation in strikes, or as a means of racial, religious or other discrimination.31 _________________ 31 What is forced labour, modern slavery and human trafficking (Forced labour, modern slavery and human trafficking) (ilo.org) and the ILO Conventions No. 29 and No. 105 referred therein.
Amendment 56 #
Proposal for a regulation
Recital 5
Recital 5
(5) Through its policies and legislative initiatives the Union seeks to eradicate the use of forced labour. The Union promotes due diligence in accordance with international guidelines and principles established by international organisations, including the ILO, the Organisation for Economic Co-operation and Development (hereinafter “OECD”) and the United Nations (hereinafter “UN”), to ensure that forced labour does not find a place in the valuesupply chains of undertakings established in the Union. Prevention and elimination of forced labour, including child labour, should be a prerequisite of Union's external commercial and economic relations.
Amendment 56 #
Proposal for a regulation
Recital 22
Recital 22
(22) Before initiating an investigation, competent authorities, having granted reasonable time to economic operators while taking into account their size and economic resources, should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour in their operations and valuesupply 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 valuesupply chains. Appropriate due diligence means that forced labour issues in the valuesupply chain have been identified and, addressed and, if applicable, removed 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 57 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) This Regulation creates an additional economic instrument to prevent and eliminate forced labour worldwide, by prohibiting products made with forced labour. In addition to these economic instruments, the Union has existing complementary frameworks to fulfil its obligations to uphold human dignity of every human being and address the root causes of forced labour, including child labour.
Amendment 57 #
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 valuesupply chain where there is a higher risk of forced labour with respect to the products under investigation, taking into account the geographical area from which the product or any of its part at any stage of its extraction, harvest, production or manufacture including working or processing related to it originates from, also taking into account their size and economic resources, the quantity of products concerned and the scale of the suspected forced labour.
Amendment 58 #
Proposal for a regulation
Recital 6
Recital 6
(6) UnionThrough its trade policy supports the, the Union must intensify its 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. Moreover, unilateral trade preferences under the Union’s General Scheme of Preferences cshould be withdrawn for serious and systematic violations, or lack of implementation, of ILO Convention No. 29 and ILO Convention No. 105.
Amendment 58 #
Proposal for a regulation
Recital 25
Recital 25
(25) Competent authorities, when requesting information during the investigation, should prioritise to the extent possible and consistent with the effective conduct of the investigation the economic operators under investigation that are involved in the steps of the valuesupply chain as close as possible to where the likely risk of forced labour occurs and take into account the geographical area from which the product or any of its part at any stage of its extraction, harvest, production or manufacture including working or processing related to it originates from as well as the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.
Amendment 62 #
Proposal for a regulation
Recital 13
Recital 13
(13) The European Parliament in its resolutions strongly condemned forced labour and called for a ban on products made with forced labour.30 It is therefore, especially regarding the practices of the People’s Republic of China (PRC).30 It is therefore not only a matter of market distortion but also a matter of public moral concern that products made with forced labour could be available on the Union market or exported to third countries without an effective mechanism to ban or withdraw such products. __________________ 30 See Resolutions: MOTION FOR A RESOLUTION on a new trade instrument to ban products made by forced labour (europa.eu), Texts adopted - Forced labour and the situation of the Uyghurs in the Xinjiang Uyghur Autonomous Region - Thursday, 17 December 2020 (europa.eu), Texts adopted - Forced labour in the Linglong factory and environmental protests in Serbia - Thursday, 16 December 2021 (europa.eu).
Amendment 62 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement throughout its supply chain mandatory requirements, voluntary guidelines, recommendations or practices to identify, prevent, mitigate or bring to an end the use of forced labour with respect to products that are to be made available on the Union market or to be exported; To avoid double investigation of products, the Commission is empowered to supplement this Regulation by delegated acts adopted in accordance with Article 27 by determining the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations under this Regulation, where otherwise the same aspect of due diligence in relation to forced labour would be assessed in parallel under this Regulation and other Union law.
Amendment 69 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to increase the effectiveness of the prohibition, competent authorities should, while taking into account the size and economic resources, grant reasonable time to economic operators to identify, mitigate, prevent and bring to an end the risk of forced labour, .
Amendment 71 #
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 focus on the economic operators involved in the steps of the valuesupply chain as close as possible to where the risk of forced labour is likely to occur and take into account the geographical area from which the product or any of its part at any stage of its extraction, harvest, production or manufacture including working or processing related to it originates from as well as the size and economic resources of the economic operators, the quantity of products concerned, as well asnd the scale of suspected forced labour.
Amendment 72 #
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 in their operations and valuesupply 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 valuesupply chains. Appropriate due diligence means that forced labour issues in the valuesupply chain have been identified and address, addressed and, if applicable, removed 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 73 #
Proposal for a regulation
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
(c) due diligence guidelines or recommendations of the UN, ILO, OECD or other relevant international organisations with respect to actions taken in order to identify, prevent, mitigate or bring to an end risks of forced labour in their supply chains taking into account the geographical area from which the product or any of its part at any stage of its extraction, harvest, production or manufacture including working or processing related to it originates from;
Amendment 74 #
Proposal for a regulation
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 valuesupply chain where there is a higher risk of forced labour with respect to the products under investigation, the geographical area from which the product or any of its parts at any stage of its extraction, harvest, production or manufacture including working or processing related to it originates from, also taking into account their size and economic resources, the quantity of products concerned and the scale of the suspected forced labour.
Amendment 75 #
Proposal for a regulation
Recital 25
Recital 25
(25) Competent authorities, when requesting information during the investigation, should prioritise to the extent possible and consistent with the effective conduct of the investigation the economic operators under investigation that are involved in the steps of the valuesupply chain as close as possible to where the likely risk of forced labour occurs and take into account the geographical area from which the product or any of its parts at any stage of its extraction, harvest, production or manufacture including working or processing related to it originates from, as well as the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.
Amendment 82 #
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, where relevant, to be informed of the outcome of the assessment of their submission.
Amendment 82 #
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, as well as the scale of suspected forced labour as well as the geographical area from which the product or any of its part at any stage of its extraction, harvest, production or manufacture including working or processing related to it originates from.
Amendment 83 #
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) In order to facilitate the exchange of information between relevant authorities as well as submission of information, the Commission should ensure the creation of a dedicated online platform with a single format in all working languages of the Union.
Amendment 86 #
Proposal for a regulation
Recital 33
Recital 33
(33) The Commission should without delay issue guidelines in order to facilitate the implementation of the prohibition by economic operators and competent authorities. Such guidelines should include guidance on due diligence in relation to forced labour and complementary information for the competent authorities to implement the prohibition. The guidance on due diligence in relation to forced labour should build on the Guidance on due diligence for Union businesses to address the risk of forced labour in their operations and supply chains published by the Commission and the European External Action Service in July 2021. The guidelines should be consistent with other Commission guidelines in this regard and relevant international organisations’ guidelines. The reports from international organisations, in particular the ILO, as well as other independent and verifiable sources of information should be considered for the identification of risk indicators.
Amendment 89 #
Proposal for a regulation
Recital 45
Recital 45
(45) Since forced labour is a global problem and given the interlinkages of the global valuesupply 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, especially States of the European Free Trade Association, countries participating in the internal market or candidate 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 through concrete benchmarks in the Human Rights Dialogues with third countries, or, if necessary, specific ones that will be created on an ad hoc basis.
Amendment 94 #
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, accessible to persons with disabilities, of forced labour risks in specific geographic areas from which the product or any of its part at any stage of its extraction, harvest, production or manufacture including working or processing related to it originates from or with respect to specific products including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, international organisations and third country authorities. which should be comprehensive and issued without delay, at the latest 6 months after the entry into force of this regulation, and relevant external sources of information from, amongst others, international organisations and third country authorities, especially states of the European Free Trade Association, countries participating in the internal market or candidate countries. The Commission shall ensure the necessary technical support to economic operators to facilitate the use of the database and take measures to avoid any unnecessary administrative burden in the operation of the database;
Amendment 98 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement throughout its supply chain mandatory requirements, voluntary guidelines, recommendations or practices to identify, prevent, mitigate or bring to an end the use of forced labour with respect to products that are to be made available on the Union market or to be exported;
Amendment 104 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A Union Network Against Forced Labour Products (‘the Network’) is established. The Network shall serve as a platform for structured coordination and cooperation between the competent authorities of the Member States and the Commission, and to streamline the practices of enforcement of this Regulation within the Union, thereby making enforcement more effective and coherent. as well as with other relevant obligations on due diligence and product requirements within the Union, thereby making enforcement more effective and coherent. Representatives of states of the European Free Trade Association, countries participating in the internal market or candidate countries may be, where relevant, invited to participate as observers. The Union shall in addition strengthen its coordination and cooperation with like-minded democratic partners to prevent and eliminate practices of forced labour including child labour worldwide as part of its global efforts to protect and uphold human rights.
Amendment 115 #
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 focus on the economic operators involved in the steps of the valuesupply chain as close as possible to where the risk of forced labour is likely to occur and take into account the size and economic resources of the economic operators, the geographical area from which the product or any of its parts at any stage of its extraction, harvest, production or manufacture including working or processing related to it originates from, the quantity of products concerned, as well as the scale of suspected forced labour.
Amendment 116 #
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 valuesupply chains with respect to the products under assessment, the geographical area from which the product or any of its parts at any stage of its extraction, harvest, production or manufacture including working or processing related to it originates from, including on the basis of any of the following:
Amendment 123 #
Proposal for a regulation
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
(a) prioritise the economic operators under investigation involved in the steps of the valuesupply chain as close as possible to where the likely risk of forced labour occurs and
Amendment 125 #
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, as well as the scale of suspected forced labour, as well as the geographical area from which the product or any of its parts at any stage of its extraction, harvest, production or manufacture including working or processing related to it originates from.
Amendment 152 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The competent authority shall, as soon as possiblewhere relevant, inform the person or association referred to in paragraph 1 of the outcome of the assessment of their submission.
Amendment 164 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission shall ensure that the database is made publicly available, including in a format accessible to persons with disabilities, by the external expertise at the latest 124 months after the entry into force of this Regulation.
Amendment 167 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission shall ensure efficient cooperation among the competent authorities of the Member States, as well as States of the European Free Trade Association, countries participating in the internal market or candidate countries, through facilitating and coordinating the exchange and collection of information and best practices with regard to the application of this Regulation.
Amendment 174 #
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
The Commission shall issue guidelines no later than 186 months after the entry into force of this Regulation, which shall include the following:
Amendment 190 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A Union Network Against Forced Labour Products (‘the Network’) is established. The Network shall serve as a platform for structured coordination and cooperation between the competent authorities of the Member States and the Commission, and to streamline the practices of enforcement of this Regulation within the Union as well as other relevant due diligence legislation within the Union, thereby making enforcement more effective and coherent.
Amendment 191 #
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. Representatives of States of the European Free Trade Association, countries participating in the internal market or candidate countries may be, where relevant, invited to participate as observers.
Amendment 205 #
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, especially States of the European Free Trade Association, countries participating in the internal market or candidate countries, shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis.
Amendment 206 #
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
1a. The Union shall strengthen its coordination and cooperation with like- minded democratic partners to prevent and eliminate practices of forced labour worldwide, including child labour, as part of its global efforts to protect and uphold human rights.
Amendment 216 #
Proposal for a regulation
Article 27 a (new)
Article 27 a (new)
Article 27a Relationship with other Union Law To avoid double investigation of products, the Commission is empowered to supplement this Regulation by delegated acts adopted in accordance with Article 27 by determining the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations under this Regulation, where otherwise the same aspect of due diligence in relation to forced labour would be assessed in parallel under this Regulation and other Union law.