14 Amendments of Anne SANDER related to 2022/0269(COD)
Amendment 54 #
Proposal for a regulation
Recital 19
Recital 19
(19) The competent authorities of the Member States should monitor the market to identify violations of the prohibition. In appointing those competent authorities, Member States should ensure that those authorities have sufficient resources and that their staff has the necessary competences and knowledge, especially with regard to human rights, value chain management and due diligence processes. Competent authorities should closely coordinate with national and European labour inspections and judicial and law enforcement authorities, including those responsible for the fight against trafficking in human beings, in such a way as to avoid jeopardising investigations by such authorities as well as to prevent multiple investigations of similar facts.
Amendment 55 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) The national authorities take into account coordination with the proposal for a European Directive on corporate sustainability due diligence (CS3D) in order to respect the ‘non bis in idem’ principle.
Amendment 68 #
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘economic operator’ means any natural or legal person, including online intermediation platforms, or association of persons who is placing or making available products on the Union market or exporting products;
Amendment 69 #
Proposal for a regulation
Article 2 – paragraph 1 – point u a (new)
Article 2 – paragraph 1 – point u a (new)
(ua) ‘chain of activities’ means activities related to the production and supply of goods or provision of services by a company, activities of direct and indirect business partners that design, extract, manufacture, transport, store and supply raw materials and eliminate products through the recycling or composting of products or parts of products, or that provide services to the company that are necessary to carry out the company’s activities;
Amendment 76 #
Proposal for a regulation
Article 4 – paragraph 3 – point d
Article 4 – paragraph 3 – point d
(d) any other due diligence in relation to forced labour, such as work initiated by professional organisations.
Amendment 78 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. As part of their investigations, national authorities shall consider the size and capacity of the economic operators questioned.
Amendment 79 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within 15 working days from the day they received such request, or 30 days for micro-enterprises and SMEs. Economic operators may provide to competent authorities any other information they may deem useful for the purposes of this Article.
Amendment 81 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
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. They shall check in advance that an investigation of the same facts has not already been launched in another Member State.
Amendment 83 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. The micro-enterprises and SMEs concerned shall provide the competent authorities with the relevant information relating to the first tier of their supply chain.
Amendment 84 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
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. This time limit is extended to 30 days if the operator in question is a micro-enterprise or SME.
Amendment 97 #
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-exhaustiv reliable, verifiable and regularly updated database of forced labour risks in specific geographic areas or with respect to sectors or 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 authorities or official representatives or embassies in third country authorities.
Amendment 99 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission shall ensure that the database is made publicly available by the external expertise at the latest 24 monthsimmediately after the entry into force of this Regulation. The database must be clear, transparent and accessible in order to enable economic operators, and in particular micro- enterprises and SMEs, to base their due diligence on these data.
Amendment 101 #
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
The Commission shall issue guidelines no later than 18 monthsimmediately after the entry into force of this Regulation, which shall include the following:
Amendment 102 #
Proposal for a regulation
Article 23 – paragraph 1 – point e a (new)
Article 23 – paragraph 1 – point e a (new)
(ea) operational tools to help economic operators satisfy their due diligence obligations without imposing disproportionate administrative burdens.