Activities of María Soraya RODRÍGUEZ RAMOS 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 (24)
Amendment 78 #
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 2021.18Vulnerable and marginalised groups in a society, as well as women and children, 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. pdfWorldwide, 12% of all those in forced labour were children, while women and girls made up 11.8 million of the total in forced labour, and 4.9 million of them were in forced commercial sexual exploitation. Forced labour is often a consequence of a lack of good governance of certain economic operators. 86% of forced labour cases were imposed by private actors, while still 14% accounted for state-imposed forced labour in 2021.
Amendment 87 #
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, while policy coherence for development and cooperation at all levels remains an indispensable principle to put those policies into practice. 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 89 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) The 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 sets ‘Protecting and empowering individuals’ as the first priority of the Thematic Programme on Human Rights and Democracy Multi- Annual Indicative Programming 2021- 2027, which covers the promotion of decent working conditions for all, aiming to contribute to the eradication of forced labour and highlighting the need for supporting civil society on this regard.
Amendment 144 #
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32 a) Forced labour has an important gender dimension. Women are more likely to be coerced through wage non-payment and abuse of vulnerability, and forced commercial sexual exploitation constitutes a gendered crime worldwide. Therefore, a gender-responsive approach should be implemented by competent authorities, including gender sensitive assessments and disaggregated data.
Amendment 153 #
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, stakeholders, including experts from customs authorities, civil society organisations, trade unions, and the Commission. 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 union, civil society organisations and human rights defenders operating outside the EU.
Amendment 159 #
(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 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 and international organisations to enhance the effective implementation of the prohibition. International cooperation with authorities of non-EU countries should take place in a structured way as part of the existing dialogue structures, for example Human Rights Dialogues with third countries, or, if necessary, specific ones that will be created on an ad hoc basis. The EU should 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 178 #
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, transported or stored, including working or processing related to a product at any stage of its supply chain;
Amendment 179 #
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, storage or transport including working or processing related to a product at any stage of its supply chain;
Amendment 181 #
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, storages 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;
Amendment 183 #
Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)
Article 2 – paragraph 1 – point m a (new)
Amendment 188 #
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
(n) ‘substantiated concern’ means a well-founded reason, based on objective and verifiable information, for the competent authorities to suspect that products were likely made with forced labourforced labour is likely to have been used in the production or transport of products;
Amendment 199 #
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, remediate, protect or 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:
Amendment 265 #
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(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; more specifically, the guidelines shall refer to the right to an effective remedy, including measures ensuring a gender- responsive and child-friendly approach which should include, among others, financial and non-financial compensation, apologies, restitution, rehabilitation, as well as the prevention of harm through, for example, injunctions or guarantees of non-repetition of forced labour. In all cases, remediation must be adapted to the specific context and condition of the rightsholder. The guidelines should also incorporate measures that cover the States' obligation to protect, providing specific measures for immediate assistance and rehabilitation and aimed to contribute to the access to long-term sustainable solutions, as a tool to help to recover and avoid re- victimization.
Amendment 268 #
Proposal for a regulation
Article 23 – paragraph 1 – point a a (new)
Article 23 – paragraph 1 – point a a (new)
(a a) guidelines for economic operators for the identification of victims and risks, including the set up of a suppy chain mapping process and including references to specific high-risk sectors and areas;
Amendment 269 #
Proposal for a regulation
Article 23 – paragraph 1 – point a b (new)
Article 23 – paragraph 1 – point a b (new)
(a b) guidelines to assist rightholders, including the specificities of vulnerable stakeholders, in order to facilitate access to justice, remedy and protection, as well as to foster participation and meaningful engagement with economic operators;
Amendment 271 #
Proposal for a regulation
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) a list of publicly and accesible available information sources of relevance for the implementation of this Regulation;
Amendment 276 #
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, civil society organisations and trade unions.
Amendment 278 #
Proposal for a regulation
Article 24 – paragraph 3 – point a
Article 24 – paragraph 3 – point a
(a) facilitate the identification of common priorities for enforcement activities, to exchange information, expertise and best practices ensuring a gender-responsive and child-friendly approach;
Amendment 281 #
Proposal for a regulation
Article 24 – paragraph 3 – point b
Article 24 – paragraph 3 – point b
(b) conduct joint investigations and reinforce national and transnational referral mechanisms;
Amendment 284 #
Proposal for a regulation
Article 24 – paragraph 3 – point f
Article 24 – paragraph 3 – point f
(f) to promote the cooperation and exchange of expertise and best practices between competent authorities and customs authorities and other relevant stakeholders such as civil society organisations and trade unions;
Amendment 287 #
Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)
Article 24 – paragraph 3 – point f a (new)
(f a) build a common ground aimed to foster cooperation with third countries' competent authorities, international organisations, trade union, civil society organisations and human rights defenders operating outside the EU.
Amendment 290 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Where requested, the Commission, Member States and competent authorities shall treat the identity of those who provide information, or the information provided, as confidential. A request for confidentiality shall be accompanied by comprehensive protection services, when requested, and by a non-confidential summary of the information supplied or by a statement of the reasons why the information cannot be summarised in a non-confidential manner.
Amendment 294 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission may as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, civil society representatives and business organisations. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis. Additionally, 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 capacity building in partner countries in order to address the root causes of forced labour. Within this context, the Commission shall provide financial and political support to civil society organisations, human rights defenders and rightsholders, when requested, by raising awareness and supporting access to protection, justice and remedy for victims, among others.
Amendment 300 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, civil society representatives and human rights defenders, business organisations and competent authorities of third countries may result in the Union developing accompanying measures to support the efforts of companies and partner countries efforts and locally available capacities in tackling forced labour.