Activities of Ilan DE BASSO related to 2022/0269(COD)
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 (24)
Amendment 1 #
Proposal for a regulation
Recital 2
Recital 2
(2) The use of forced labour is widespread in the world, and its prevalence has risen in the last years. It is estimated that about 27.6 million people were in forced labour in 2021, including 3.9 million people in forced labour imposed by state authorities.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 a lack of good governance of certain economic operators. __________________ 18 The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733. pdf.
Amendment 2 #
Proposal for a regulation
Recitals 2 a, 2 b, 2 c, 2 d (new)
Recitals 2 a, 2 b, 2 c, 2 d (new)
Amendment 3 #
Proposal for a regulation
Recital 3
Recital 3
(3) The eradication of forced labour is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Furthermore, in its relations with the wider world, the Union should uphold and promote its values and contribute to the protection of human rights, in particular the rights of the child, as well as the strict observance and the development of international law in accordance with Article 3(5) of the Treaty on European Union. The respect, promotion and protection of human rights constitute an objective of the development cooperation which shall be taken into account in the policies that the Union implements which are likely to affect developing countries in accordance with Article 208 of the Treaty on the Functioning of the European Union. This Regulation aims to ban from the EU market products that have been produced, extracted, harvested, manufactured, stored or transported using forced labour and contribute to eradicate forced labour by addressing its root causes. Through this Regulation, the Union should strengthen political dialogue with third countries, especially with developing countries, with regards to forced labour. Moreover, Article 5(2) of the Charter of Fundamental Rights of the European Union (‘the Charter’) 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 Article 5 of the Charter also explicitly prohibits slavery, servitude, forced or compulsory labour and human trafficking. __________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.
Amendment 4 #
Proposal for a regulation
Recital 5
Recital 5
(5) Through its policies and, legislative initiatives the Union seeks to eradicate the use of forced labourand financial instruments, in particular the NDICI-Global Europe, the Union seeks to eradicate the use of forced labour, address its root causes, support civil society on this regard and promote decent work and labour rights, while policy coherence for development and cooperation at all levels remains an indispensable principle to put those policies into practice. To these effects, corporate sustainability due diligence, along with the adoption of accompanying measures, represents important tools. The Union promotes due diligence in accordance with international guidelines and principles established by international organisations, including the ILO, the Organisation for Economic Co-operation and Development (hereinafter “OECD”) and the United Nations (hereinafter “UN”), to ensure that forced labour does not find a place in the value chains of undertakings established in the Union.
Amendment 5 #
Proposal for a regulation
Recitals 12, 12 a (new), 12 b (new)
Recitals 12, 12 a (new), 12 b (new)
(12) As recognised in the Commission’s Communication on decent work worldwide29, notwithstanding the current policies and legislative framework, further action is needed to achieve the objectives of eliminating forced-labour products from the Union market and, hence, further contributing to the fight against forced labour worldwide. The eradication of forced labour can only be achieved if other objectives of decent work, such as sustainable business conduct, social dialogue, freedom of association, collective bargaining and social protection, are promoted. Through the EU decent work agenda, the EU commits to address forced labour and to promote decent work and labour rights including in global supply chains. (12 a) Promoting decent work and a human-centred future of work ensuring the respect of fundamental principles and human rights, promoting social dialogue as well as the ratification and effective implementation of relevant ILO conventions and protocols, strengthening responsible management in global supply chains and access to social protection are core priorities of the EU as enshrined in the EU Action Plan on Human Rights and Democracy 2020-2024. (12 b) Businesses can also contribute to addressing some of the more structural root causes of forced labour linked to their business operations and value chains, by taking, for example, measures to advance the fair recruitment and the decent work agenda of all workers and vulnerable stakeholders, as a way to contribute to the eradication of unfair trading practices. __________________ 29 Communication 23 March 2022 from the Commission to the European Parliament, the Council and the European Economic and Social Committee on decent work worldwide for a global just transition and a sustainable recovery (COM(2022) 66 final).
Amendment 6 #
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 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 and refer to remediation measures. In addition, the Commission should issue guidelines on forced-labour risk indicators and, taking into account the ILO forced labour indicators, including its ‘Hard to see, harder to count – Survey guidelines to estimate forced labour of adults and children’, on publicly available information and on value chain mapping in order to help SMEs, as well as other economic operators, to comply with the requirements of the prohibition. The Commission should also issue guidelines for stakeholders on filing a complaint and meaningfully engage in the procedures set out in the Regulation.
Amendment 7 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to increase the effectiveness of the prohibition, competent authorities should grant reasonable time to economic operators to identify, prevent, mitigate, preventmediate and bring to an end the risk of forced labour.
Amendment 8 #
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 itThe Commission should establish a centralised mechanism to receive complaints by any stakeholders who considers that products made with forced labour are placed and made available on the Union market and to. Complaints may be lodged anonymously and confidentiality shall be automatic, unless otherwise specified by the complainant. The complaint mechanism should be secure and accessible. The stakeholders should be informed of the reasoning and outcome of the assessment of their submissioncomplaints, as well as all the decisions made by competent authorities, referring to their complaints.
Amendment 9 #
Proposal for a regulation
Recital 44
Recital 44
(44) To ensure effective enforcement of the prohibition, it is necessary to establish a network aimed at structured coordination and cooperation between the competent authorities of the Member States and, where appropriate, experts from customs authorities, and the Commission, as well as the European Agency for Fundamental Rights, the European Labour Authority and other Union agencies with relevant expertise in the areas covered by the Regulation. Trade unions and other workers’ representatives, civil society organisations, human rights defenders, international organisations and third countries’ competent authorities shall be invited to collaborate with the Network. That network should also aim at streamlining the practices of the competent authorities within the Union that facilitate the implementation of joint enforcement activities by Member States, including joint investigations. That administrative support structure should allow the pooling of resources and maintain a communication and information system between Member States and the Commission, thereby contributing to coherence in the implementation and helping to strengthen the enforcement of the prohibition. The network should include an area for external cooperation, including relevant consultation and cooperation with third countries' competent authorities, international organisations, trade unions, civil society organisations and human rights defenders operating outside the EU.
Amendment 10 #
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 and increase efforts to tackle root causes of forced labour. The EU should continue close collaboration with international organisations in the form of joint projects, technical assistance and funding of initiatives targeting forced labour. The Commission should as appropriately cooperate with and exchange information with authorities of third countries, especially authorities of developing countries, and international organisations, as well as with other relevant actors including civil society, 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, especially with developing countries, or, if necessary, specific ones that will be created on an ad hoc basis. Team Europe, and particularly the EU delegations, shall have a central role within the aim of effectively eradicating forced labour as well as for dissemination of the Regulation and possibility of third parties to provide information on existence of forced labour on a determined product. The EU may also expand, where appropriate, the use of restrictive measures in the framework of its Common Foreign and Security Policy against persons or entities that have been involved in the promotion or implementation of forced labour.
Amendment 11 #
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 made with forced labour, including state-imposed forced labour, and (thereby) ensuring that economic operators eradicate the use of forced labour in the production sites in their value chain by implementing effective due diligence measures, including remediation.
Amendment 12 #
Proposal for a regulation
Article 2 – paragraph 1 – points c, c a, f, g, g a, k, m a, m b, n, u a, u b
Article 2 – paragraph 1 – points c, c a, f, g, g a, k, m a, m b, n, u a, u b
(c) ‘due diligence in relation to forced labour’ means the effortobligations by economic operator to implement mandatory requirements,respect and ensure the respect of workers’ rights and children’s rights in their operations and products value chain and implement mandatory due diligence requirements as provided by the Union and Member States legislation and in line with the UN Guiding Principles on Business and Human rights, mandatory and voluntary guidelines, recommendations or practices to identify, prevent, mitigate or, remediate and bring to an end the use of forced labour in their operations and value chain with respect to products that are to be made available on the Union market or to be exported; (c a) ‘bring to an end the use of forced labour’ means effective measures to address the root causes of forced labour that supplies the economic operator that places or makes the product available in the EU market. It shall not mean disengagement as first resort; (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, stored or transported, including working or processing related to a product at any stage of its supplyvalue chain; (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, storage or transport, including working or processing related to a product at any stage of its supply chainvalue chain; (g a) ‘value chain’ shall have the meaning attributed to it in Article 3 of the Directive 20XX/XX/EU on Corporate Sustainability Due Diligence of the European Parliament and of the Council to the extent applicable; (k) ‘product supplier’ means any natural or legal person or association of persons in the supplyvalue chain who extracts, harvests, produces or, manufactures, stores or transports 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; (n) ‘substantiated concern’ means a well-founded reason, based on objective and verifiable information, for the competent authorities to suspect that productvalue chain, whether as manufacturer or in any other circumstances; (m a) ‘stakeholders’ means: (i) the economic operator’s employees, the employees of its subsidiaries and value chains’ workers, including smallholders and informal workers’ and other individuals, groups, communities or entities, civil society organisations, as well as trade unions and other workers’ representatives, whose rights or interests are or could be affected by the use of forced labour by the economic operator, its subsidiaries and its business relationships, including through the value chain; (ii) other natural or legal persons engaging, promoting, representing, protecting and defending, as part of their statutory purpose or otherwise, issues related to this Regulation; (m b) ‘vulnerable stakeholders’ shall have the meaning attributed to it in Article 3 of the Directive 20XX/XX/EU on Corporate Sustainability Due Diligence of the European Parliament and of the Council to the extent applicable; (m c) ‘meaningful engagement with stakeholders’ means an interactive, responsive, ongoing and gender-inclusive process of engagement with potentially affected suppliers, workers and their representative organisations, as well as other stakeholders, such as civil society organisations including trade unions and NGOs and local communities, with particular attention to vulnerable stakeholders; (n) ‘substantiated concern’ means a well-founded reason, based on objective and verifiable information, for the competent authorities to suspect that forced labour is likely to have been used in the production or transport of products; (u a) ‘forced labour risks areas’ means those countries or regions where likely made with forced labour;there is evidence of wide-spread and/or systemic forced labour, including state-imposed forced labour, in an entire product group or product site in a specific industry; (u b) ‘forced labour risks products’ means those products coming from the forced labour risks areas, as well as products linked to high risks sectors of economic activity identified by the Directive 20XX/XX/EU on Corporate Sustainability Due Diligence of the European Parliament and of the Council and included in the database of Article 11.
Amendment 13 #
Proposal for a regulation
Article 4
Article 4
Preliminary phase of investigations Preliminary phase of investigations 1. Competent authorities shall follow a risk-based approach in assessing the likelihood that economic operators violated Article 3. That assessment shall be done with reference to the indicators of forced labour set out by the International Labour Organization which shall be detailed by the Commission in accordance with Article 23 and shall be based on all relevant information available to them, including the following information: (a) submissions made by natural or legal persons or any association not having legal personalitycomplaints made by stakeholers pursuant to Article 10; (b) the risk indicators and other information pursuant to Article 23, points (b) and (c); (c) the databases referred to in Articles 11 and 11 a; (d) information and decisions encoded in the information and communication system referred to in Article 22(1), including any past cases of compliance or non-compliance of an economic operator with Article 3; (e) information requested by the competent authority from other relevant authorities, where necessary, on whether the 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. 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 value 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 quantity of products concerned, as well as the scale of suspected forced labour. 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, remediate, protect and bring to an end risks of forced labour in their operations and value chains with respect to the products under assessment, including on the basis of any of the following: (a) applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour; (b) the guidelines issued by the Commission pursuant to Article 23, point (a); (c) due diligence guidelines or recommendations of the UN, ILO, OECD or other relevant international organisations; (d) any other due diligence requirements in relation to forced labour. 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 competent authorities any other information they may deem useful for the purposes of this Article. 5. Within 30 working days from the date of receipt of the information submitted by economic operators pursuant to paragraph 4, the competent authorities shall conclude the preliminary phase of their 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. 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 supplyvalue chain, adopts and carries out measures suitable and effective for remediating and bringing to an end forced labour and provide remediation in a short period of time. The competent authority shall declare that there is a substantiated concern of violation of Article 3 when the economic operator does not demonstrate that forced labour was eradicated and remediation provided once this period of time has expired. 7. Competent authorities shall not initiate an investigation pursuant to Article 5, and shall inform the economic operators under assessment accordingly, where, on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4, the competent authorities consider that there is no substantiated concern of a violation of Article 3, for instance due to, but not limited to, the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour referred to in paragraph 3 being applied in a way that mitigates, prevents and brings to an end the risk of forced labour and provides remediation.
Amendment 14 #
Proposal for a regulation
Article 5
Article 5
Investigations Investigations 1. Competent authorities that, pursuant to Article 4(5), determine that there is a substantiated concern of a violation of Article 3, shall decide to initiate an investigation on the products and economic operators concerned. 2. Competent authorities that initiate 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: (a) the initiation of the investigation and the possible consequences thereof; (b) the products subject to the investigation; (c) the reasons for the initiation of the investigation, unless it would jeopardise the outcome of the investigation; (d) the possibility for the economic operators to submit any other document or information to the competent authority, and the date by which such information has to be submitted. 3. Where requested to do so by competent authorities, economic operators under investigation shall submit to those competent authorities any informationcomplete and substantive evidence that is relevant and necessary for the investigation, including information identifying the products under investigation, the manufacturer or producer of those products and the product suppliers. In requesting such information, competent authorities shall to the extent possible: (a) prioritise the economic operators under investigation involved in the steps of the value chain as close as possible to where the likely risk of forced labour occurs and (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. 4. Economic operators shall submit the information within 15 working days from the request referred to in paragraph 3 or make a justified request for an extension of that time limit. 5. When deciding on the time limits referred to in this Article, competent authorities shall consider the size and economic resources of the economic operators concerned. the scale of suspected forced labour, as well as the context in which those economic operators, their subsidiaries and their business partners operate, in particular in developing countries. 4. Economic operators shall submit the information within 15 working days from the request referred to in paragraph 3 or make a justified request for an extension of that time limit. 4 a. In the case of the products presumed made with forced labour in accordance with Article 11, the competent authority shall inform the economic operator and provide a time limit for the economic operator to demonstrate that the products concerned are free of forced labour and that appropriate due diligence measures, including remediation, have been effectively implemented. 5. When deciding on the time limits referred to in this Article, competent authorities shall consider the size and resources of the economic operators concerned. 5 a. During the investigation phase, the competent authority shall take necessary precautionary measures, including a temporary suspension of the circulation on the Union market of the products concerned to ensure the effectiveness of its final decision. 5 b. Once the competent authority initiates an investigation it shall assess the possible impacts of any decision to be adopted pursuant Article 6(4) on the affected workers and partner countries but also the economic operators taking into account their size and resources. That assessment shall be carried out with the meaningful engagement of relevant stakeholders, as well as in consultation with authorities of the affected or potentially affected third countries, and in particular developing countries. 5 c. Competent authorities may conclude that there is substantiated concern on the basis of any other facts available where it was not possible to gather information and evidence pursuant to Article 4(1) or (4). 6. Competent authorities may carry out all necessary checks and inspections including investigations in third countries, provided thatwithout prior warning to the economic operators concerned give their consent an, except where prior notification is necessary in order to ensure the effectiveness of the checks and inspections, and provided 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 within a delimited timeframe.
Amendment 15 #
Proposal for a regulation
Article 6 – paragraphs 4 a (new), 6 and 6 a (new)
Article 6 – paragraphs 4 a (new), 6 and 6 a (new)
4 a. Taking into account the outcome of the impact assessment referred to Article 5(5b), as well as other information gathered during the investigation, the competent authority shall be empowered to adopt a decision requesting the economic operator to urgently adopt and implement effective due diligence measures to prevent, mitigate, remediate and bring to an end forced labour in their product value chain. 6. Where economic operators provide evidence to the competent authorities that they have complied with the decision referred to in paragraph 4,s 4 and 4 a and that they have eliminated forced labour from their operations or supplyvalue chain with respect to the products concerned, and provided the proof of effective remediation for victims of forced labour, the competent authorities shall withdraw their decision for the future and inform the economic operators. 6 a. To eliminate forced labour, the Commission’s Guidance on Due Diligence for EU businesses shall enable disengagement from a business relationship as a last resort solution only, in consistency with the United Nations Guiding Principles on Business and Human Rights (UNGPs).
Amendment 16 #
Proposal for a regulation
Article 7
Article 7
Content of the decision Content of the decision 1. The decision referred to in Article 6(4) shall contain all of the following: (a) the findings of the investigation and the information underpinning the findings, including the due diligence measures that the economic operator must implement and the potential impacts of competent authority decisions; (b) a reasonable time limit for the economic operators to comply with the order, which shall not be less than 30 working days and no longer than necessary to withdraw the respective products. When setting such a time limit, the competent authority shall take into account the economic operator’s size and economic resourceresources. Reasonable time limit shall be set up for the operator to effectively implement the due diligence measures foreseen in Article 6(4a), including the provision of remediation to affected workers; (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 and the product suppliers; (d) where available and applicable, information required under customs legislation as defined in Article 5(2) of Regulation (EU) No 952/2013. 2. The Commission shall adopt implementing acts further specifying the details of the information to be included in the decisions. Those details shall as a minimum include details of information to be made available to customs authorities in accordance with Article 16(3). Those implementing acts shall be adopted in accordance with the examination procedure pursuant to Article 29.
Amendment 17 #
Proposal for a regulation
Article 10
Article 10
Amendment 18 #
Proposal for a regulation
Article 11
Article 11
Amendment 19 #
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Disclosure of value chains 1. The economic operators should map their value chains and publicly disclose relevant information including names, locations and types of products concerning their subsidiaries, suppliers, contractors and business partners in the value chain. 2. The Commission shall set up a public database containing the relevant information foreseen in paragraph 1 with due regard for commercial confidentiality, privacy, and competition law in order to facilitate the accessibility and transparency of the information for competent authorities and stakeholders to implement this Regulation. 3. Economic operators will feed their relevant information into the system and ensure that such information is up to date.
Amendment 20 #
Proposal for a regulation
Article 23
Article 23
Guidelines Guidelines The Commission shall issue guidelines no later than 186 months after the entry into force of this Regulation, which shall include the following: (a) guidance on due diligence in relation to forced labour, which shall take into account applicable Union legislation setting out due diligence requirements with respect to forced labour, guidelines and recommendations from international organisations, as well as the size and economic resources of economic operators; (b) information on risk indicators of forced labour, which shall be based. More specifically, the guidelines shall refer to remediation measures with a gender-responsive and child-friendly approach, including financial and non- financial compensation, restitution, rehabilitation, effective preventive measures, such as injunctions and guarantees of non-recurrence of forced labour and apologies. In all cases, remediation must be adapted to the specific context and condition of the rightsholder. The guidelines shall also incorporate measures to cover the states' obligation to protect, to provide immediate assistance and rehabilitation and aim to contribute to the access to long-term sustainable solutions; (b) information on risk indicators of forced labour, which shall be based on the indicators for forced labour set out by the ILO including in its ‘Hard to see, harder to count – Survey guidelines to estimate forced labour of adults and children’, on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, civil society, business organisations, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour; (c) a list of publicly available and accessible information sources of relevance for the implementation of this Regulation; (d) further information to facilitate the competent authorities’ implementation of this Regulation; (e) guidance for the practical implementation of Article 16 and, where appropriate, any other provision laid down in Chapter III of this Regulation; (e a) guidelines to assist economic operators in the setting up of a value chain mapping process and for the identification of victims and risks, including references to specific high-risk sectors and areas; (e b) guidance for the stakeholders to file a complaint and facilitate access to justice, remedy and protection, as well as participate and meaningfully engage in the procedures set out in the Regulation.
Amendment 21 #
Proposal for a regulation
Article 24
Article 24
Union Network Against Forced Labour Products Products 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. 2. The Network shall be composed of representatives from each Member States’ competent authority, representatives from the Commission, including EU delegations, and, where appropriate, experts from the customs authorities. 3. The Network shall have the following tasks: (a) facilitate the identification of common priorities for enforcement activities, to exchange information, expertise and best practices; (b) conduct joint investigation, as well as the European Agency for Fundamental Rights, the European Labour Authority and other Union agencies with relevant expertise in the areas covered by the Regulation. Trade unions and other workers’ representatives, civil society organisations, human rights defenders, international organisations, and third countries’ competent authorities shall be invited to collaborate with the Network. 3. The Network shall have the following tasks: (a) facilitate the identification of common priorities for enforcement activities, including in third countries and especially in developing countries, to exchange information, expertise and best practices ensuring a gender-responsive and child-friendly approach; (b) conduct joint investigations, including in third countries, and reinforce national and transnational referral mechanisms; (c) facilitate capacity building activities and contribute to uniform risk- based approaches and administrative practices for the implementation of this Regulation in the Member States and third countries; (d) contribute to the development of guidance to ensure the effective and uniform application of this Regulation; (e) promote and facilitate collaboration to explore possibilities for using new technologies for the enforcement of this Regulation and the traceability of products; (f) to promote the cooperation and exchange of expertise and best practices between competent authorities and customs authorities; and, where appropriate, with third countries’ competent authorities, especially developing countries’ authorities, as well as trade unions, civil society organisations, human rights defenders and international organisations; (f a) manage the centralised complaint system. 4. The Commission shall support and encourage cooperation between enforcement authorities through the Network and participate in the meetings of the Network. 5. The Network shall establish its rules of procedure.
Amendment 22 #
Proposal for a regulation
Article 26
Article 26
1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission may as appropriateshall cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisationespecially of developing countries, international organisations, trade unions and other workers’ representatives, civil society representatives and business organisations and any other stakeholder. International cooperation with authorities of third countries, especially developing 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. 2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, civil so and through the Network foreseen in Article 24. 1a. The Commission, in particular in developing countries and in accordance with Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe, shall provide measures to contribute to the effective implementation of this Regulation, including financial support for capaciety representatives, business organisations and competent authorities of third countries may result inbuilding in partner countries in order to address the root causes of forced labour, which results e.g. from, among others, discrimination, unfair purchasing practises, the absence of living wage and land rights. The Commission shall provide financial and political support to civil society organisations, human rights defenders and rightsholders, and raise awareness and support access to protection, justice and remedy for victims, among others. 2. For the purposes of paragraph 1, the Union shall developing accompanying measures, including to support the efforts of companies and partner countries efforts and locally available capacities in tackling forced labourthe economic operator and its business partners in the value chain, in particular the small and medium-sized enterprises (SMEs). 2 a. The Union and its Member States shall support third countries, in particular developing countries, by promoting the ratification and the effective implementation of fundamental ILO’s conventions and standards related to the prohibition of forced labour and by taking measures to enable partner countries to effectively prevent, minimise, remediate and eradicate on forced labour. 2 b. Member States and the Commission shall provide information and effective support to relevant stakeholders to comply with and exercise the rights provided to them, in particular the right to file a complaint, as well as to monitor the implementation of the Regulation.
Amendment 203 #
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.
Amendment 216 #
Proposal for a regulation
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5 a. Notwithstanding paragraph 5, competent authorities may conclude that there is substantiated concern on the basis of any other facts available where it was not possible to gather information and evidence pursuant to Article 4(1) or (4).