Progress: Awaiting Council's 1st reading position
Lead committee dossier:
Legal Basis:
RoP 57, RoP 58, TFEU 114, TFEU 207
Legal Basis:
RoP 57, RoP 58, TFEU 114, TFEU 207Subjects
- 1.10 Fundamental rights in the EU, Charter
- 3.45.01 Company law
- 4.10.03 Child protection, children's rights
- 4.15.12 Workers protection and rights, labour law
- 6.10.08 Fundamental freedoms, human rights, democracy in general
- 6.10.09 Human rights situation in the world
- 6.20.02 Export/import control, trade defence, trade barriers
Events
The European Parliament adopted by 555 votes to 6, with 45 abstentions, a legislative resolution on prohibiting products made with forced labour on the Union market.
The European Parliament’s position adopted at first reading under the ordinary legislative procedure amends the proposal as follows:
Prohibition of products made with forced labour
Economic operators should not place or make available on the Union market products that are made with forced labour, nor should they export such products. Products offered for sale online or by other means of distance selling will be deemed to be made available on the market if the offer is targeted at end-users in the EU.
Database of forced labour risk areas or products
The Commission should establish a database, with the assistance of external expertise if needed. This database should provide an indicative, non-exhaustive, evidence-based, verifiable and regularly updated information of forced labour risks in specific geographic areas or with respect to specific products or product groups including with regard to forced labour imposed by state authorities. It should also prioritise the identification of widespread and severe forced labour risks.
The database should be based on independent and verifiable information , from international organisations, in particular the International Labour Organization and the United Nations Organization, or institutional, research or academic organisations.
In addition, the Commission:
- should set up a dedicated centralised mechanism for the submission of information. This mechanism should be available in all official languages of the institutions of the Union, and it should be user friendly and free of charge;
- should develop accompanying measures to support the efforts of economic operators and their business partners in the same supply chain, in particular the micro, small and medium-sized enterprises;
- publish, and regularly update, guidelines which include guidance for economic operators on the due diligence in relation to forced labour, including forced child labour, and guidance for economic operators on best practices to eliminate and remedy different types of forced labour;
- establish a single website making available to the public, in all official languages of the EU institutions, items such as the list and contact details of designated competent authorities, a list of publicly available sources of information relevant to the implementation of the Regulation, any decision to ban a product and any withdrawal of a ban.
Investigations
When identifying potential violations of the prohibition, the Commission or the competent authorities should follow a risk-based approach and assess all information available to them. In order to implement the risk-based approach in the prioritisation of their investigations, the Commission and competent authorities should take into account the share of the suspected part in the final product, the quantity and volume of products concerned, and the scale and severity of the suspected forced labour, including whether forced labour imposed by state authorities could be a concern. The Commission and competent authorities should also take into account the size and economic resources of the economic operators and the complexity of the supply chain, and focus to the extent possible on the economic operators and where relevant product suppliers that are closer to the risk of forced labour and have the highest leverage to prevent, mitigate and bring to an end the use of forced labour.
Before initiating an investigation, the lead competent authorities should be able to request information from economic operators under assessment but also from other relevant stakeholders, including the persons or associations having submitted relevant information to competent authorities. They should be able to opt for not requesting additional information from economic operators if they assess that this could lead to an attempt by those economic operators to hide a situation of forced labour and thus endanger the investigation. The lead competent authorities should initiate an investigation where, based on their assessment of all available information or on the basis of any other facts available where it was not possible to gather information and evidence during the preliminary phase of the investigation, they establish that there is a substantiated concern of a violation of the prohibition.
Decisions
Lead competent authorities should assess all information and evidence gathered, and, on that basis, establish whether the products concerned have been placed or made available on the market or are being exported in violation of the Regulation. They should endeavour to adopt their decisions within 9 months from the date they initiated the investigation.
Where lead competent authorities establish that the products concerned have been placed or made available on the market or are being exported in violation of the Regulation, they should without delay adopt a decision containing:
- a prohibition to place or make the products concerned available on the Union market and to export them;
- an order for the economic operators that have been subject to the investigation to withdraw from the Union market the products concerned that have already been placed or made available on the market or to remove content from an online interface referring to the products or listings of the products concerned;
- an order for the economic operators that have been subject to the investigation to dispose of the products concerned.
In case of perishable products, the disposal should be done by donating the products concerned for charitable or public interest purposes or, when that is not possible, by rendering those products inoperable.
If the economic operator has failed to comply with the decision, the competent authority should impose either directly, in cooperation with other authorities or by application to the competent judicial authorities, penalties on the economic operator.
The Committee on International Trade and the Committee on the Internal Market and Consumer Protection adopted the report by Samira RAFAELA (Renew, NL) and Maria-Manuel LEITÃO-MARQUES (S&D, PT) 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.
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Extended scope
Members proposed that the packaging, transportation and distribution of goods should be covered by the proposal, given the fact that these activities are an essential part of the goods supply chain and a sector where there is evidence of existence of forced labour.
Remediation
A new article has been included concerning remediation for victims by the economic operator. Remedial measures may include financial and non-financial compensation.
High-risk products
Members stated that products coming from specific geographical high-risk regions or countries where forced labour practices are systemic and widespread should be presumed to be in violation of the Regulation and should therefore be automatically subject to an investigation. Economic operators have the burden to disproof such presumption.
Guidelines
The amended text stated that the Commission should issue guidelines no later than 12 months (as opposed to 18 months as proposed by the Commission) after the entry into force of this Regulation, which shall cover guidance on:
- due diligence in relation to forced labour, including forced child labour and forced women and girl’s labour;
- remediation measures;
- meaningful stakeholder engagement;
- requirements that economic operators need to adhere to in order to prove that they have eliminated forced labour from their supply chains and corrective actions adopted to prevent future abuses.
Union Network Against Forced Labour Products
Members specified that the work of the Union Network Against Forced Labour Products should be coordinated by the Commission. The Network should, inter alia , aim to: (i) streamline the practices of the competent authorities within the Union that facilitate the implementation of joint enforcement activities by Member States, including joint investigations; (ii) facilitate capacity building activities, such as the organisation of training programmes for competent authorities and other relevant stakeholders; (iii) promote exchanges of personnel between competent authorities and, where appropriate, with the authorities of partner third countries or with international organisations; (iv) assist in the organisation of information campaigns and voluntary mutual visit programmes between competent authorities, (v) involve and facilitate the diplomatic representations of the Union to assist in the information gathering efforts of this Regulation.
Penalties
In order to ensure that penalties are effective and fair and to prevent a distorted approach to penalties in the internal market, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission. The Commission should define the method for the calculation of financial penalties and the thresholds applicable.
Evaluation and review
By one year after the date of application and every four years thereafter, the Commission should carry out an evaluation of this Regulation taking account of its objectives in particular with regard to reducing the number of products made with forced labour on the Union market, improving cooperation between competent authorities and strengthening the controls on products entering the Union market, while taking into account the impact on business and in particular on SMEs.
The report should also assess whether the scope should be enlarged to include services ancillary to the extraction, harvesting, production or manufacturing of products.
Lastly, the Commission should continuously monitor the impact of this Regulation on victims of forced labour, also paying particular regard to the situation of women and children.
PURPOSE: to lay down rules prohibiting the placing on the EU market of products made with forced labour, as well as their export from the EU.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: forced labour, including forced child labour, continues to be a major global issue, with the ILO estimating the global number of people in a situation of forced labour at around 27.6 million in 2021. 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.
The eradication of forced labour is a priority for the Union. However, there is no Union legislation that empowers Member States’ authorities to directly detain, seize, or order the withdrawal of a product on the basis of a finding that it was made, whether in whole or in part, with forced labour.
CONTENT: the objective of this proposal is to effectively prohibit the placing and making available on the EU market and the export from the EU of products made with forced labour , including forced child labour.
The prohibition covers domestically produced and imported products. In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, harvest and extraction, including working or processing related to the products. The prohibition should apply to all products, of any type, including their components, and should apply to products regardless of the sector , the origin, whether they are domestic or imported, or placed or made available on the Union market or exported.
The prohibition will contribute to the international efforts to eradicate forced labour. As for companies, the Regulation will act as an additional incentive to ensure that their supply chains are forced-labour free.
Designated competent authorities
EU Member States will be required to designate competent authorities responsible for implementing and enforcing the Regulation, with the necessary powers and resources. Member States' customs authorities will be in charge of enforcement at the EU borders. They will rely on the decisions by Member States' competent authorities to identify the products concerned and carry out controls for imports and exports.
Investigative process
The proposal puts in place an investigative process which will be carried out in two phases. In the preliminary phase , the authorities assess if there are well-founded reasons to suspect that products have been likely made with forced labour. If they determine that there is a substantiated concern of forced labour, they will proceed to the investigation phase .
Competent authorities will in all phases have to follow a risk-based approach. This means that they should focus their enforcement efforts where they are likely to be most effective, namely 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.
In carrying out investigations, competent authorities will examine all the information available to them. This includes: (i) independent and verifiable information on risks that forced labour has been used in the production process; (ii) information on market surveillance and compliance of products shared by other Member States; (iii) submissions made by third parties including civil society; (iv) information on whether a company carries out forced labour due diligence in its operations and supply chains.
Database and platform
The proposal also provides for the creation of a database of forced labour risk areas or products. Furthermore, a new platform ( EU Forced Labour Product Network ) will be created to ensure structured coordination and cooperation between competent authorities and the Commission.
Non-compliance and penalties
If the authorities have established that a product was made by forced labour, it cannot be sold in the EU, or exported from the EU. In case the product is already on the market, the company in question will be required to withdraw it from the market. It will also be required to dispose of the products . The economic operator concerned will bear the costs of disposing of the prohibited product . This will provide a strong deterrent and incentive for companies to comply. Furthermore, if a company does not follow the decision of a Member State under this Regulation, they face penalties under national law.
Documents
- Decision by Parliament, 1st reading: T9-0309/2024
- Debate in Parliament: Debate in Parliament
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE759.952
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)001487
- Text agreed during interinstitutional negotiations: PE759.952
- Committee report tabled for plenary, 1st reading: A9-0306/2023
- Committee opinion: PE745.486
- Committee opinion: PE739.691
- Committee opinion: PE745.348
- Committee opinion: PE742.681
- Specific opinion: PE749.170
- Economic and Social Committee: opinion, report: CES5362/2022
- Contribution: COM(2022)0453
- Contribution: COM(2022)0453
- Contribution: COM(2022)0453
- Legislative proposal published: COM(2022)0453
- Legislative proposal published: EUR-Lex
- Economic and Social Committee: opinion, report: CES5362/2022
- Specific opinion: PE749.170
- Committee opinion: PE742.681
- Committee opinion: PE745.348
- Committee opinion: PE745.486
- Committee opinion: PE739.691
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)001487
- Text agreed during interinstitutional negotiations: PE759.952
- Contribution: COM(2022)0453
- Contribution: COM(2022)0453
- Contribution: COM(2022)0453
Activities
- Seán KELLY
Plenary Speeches (1)
- Martin HOJSÍK
Plenary Speeches (1)
Votes
A9-0306/2023 – Samira Rafaela, Maria-Manuel Leitão-Marques – Provisional agreement – Am 177 #
Amendments | Dossier |
1339 |
2022/0269(COD)
2023/04/18
DEVE
230 amendments...
Amendment 100 #
Proposal for a regulation Recital 12 a (new) (12 a) Businesses can also contribute to addressing some of the more structural root causes of forced labour in high-risk locations linked to their business operations and supply chains. Examples of ongoing business efforts targeting root causes include measures to advance the fair recruitment of migrant workers, measures to help tackle poverty of workers in their supply chains through the adoption of living income programmes and measures to ban unfair trading practices in design or lead times.
Amendment 101 #
Proposal for a regulation Recital 12 a (new) (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.
Amendment 102 #
Proposal for a regulation Recital 12 a (new) Amendment 103 #
Proposal for a regulation Recital 13 a (new) (13 a) One of the reasons why forced labour products are available on the EU market is due to the lack of implementation of the relevant clauses and provisions of trade agreements or generalised systems of trade preferences. It is particularly concerning that '[t]he EU continues to pursue trade relations with countries assessed to have demonstrably poor records in relation to modern slavery practices, and which evidence little effort to improve in this area'1 d. _________________ 1 d External policy tools to address modern slavery and forced labour, Katarina SCHWARZ, Ergul CELIKSOY, Joanna SMĘTEK, Ewelina WOLOSIK, Katarzyna LUBIANIEC, Agnieszka MAKULEC, Todd LANDMAN, European Union, 2022 https://www.europarl.europa.eu/RegData/ etudes/STUD/2022/653664/EXPO_STU(2 022)653664_EN.pdf
Amendment 104 #
Proposal for a regulation Recital 14 (14) To complete the Union legislative and policy framework on forced labour, the placing and making available on the Union market products made with forced labour or exporting domestically produced or imported products made with forced labour should be prohibited and it should be ensured that those products are withdrawn from the Union market, and the enjoyment of the EU's generalised systems of trade preferences should be made genuinely conditional on the implementation of and compliance with minimum labour law and forced labour standards.
Amendment 105 #
Proposal for a regulation Recital 14 a (new) (14 a) In addition, import control mechanisms are essential to capture contexts where human rights due diligence to credibly identify, prevent, mitigate, and remediate forced labour at the affected supplier are impossible. This is particularly relevant in cases of state- imposed forced labour affecting all supply chains in an entire country or region, which thereby require the establishment of region-wide bans.
Amendment 106 #
Proposal for a regulation Recital 16 (16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, harvest and extraction, transport or storage, including working or processing related to the products. The prohibition should apply to all products, of any type, including their components, and should apply to products regardless of the sector, the origin, whether they are domestic or imported, or placed or made available on the Union market or exported.
Amendment 107 #
Proposal for a regulation 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
Amendment 108 #
Proposal for a regulation 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
Amendment 109 #
Proposal for a regulation Recital 18 a (new) (18 a) The Commission should, also, issue guidelines for affected stakeholders on filing information and non-judicial complaints through the centralised notification and non-judicial grievance mechanism, as well as meaningfully engage in the procedures set out in the Regulation. The Commission should make sure that such guidelines would be able to reach all affected stakeholders, especially vulnerable people, such as, children, women, migrants and other minorities.
Amendment 110 #
Proposal for a regulation Recital 18 a (new) (18 a) Remedy is a crucial part of the human rights due diligence process under the UNGPs and is critical to ensuring that a Forced Labour Instrument has a positive impact for workers and holds corporations to account. Remedy will encourage workers to come forward and report abuse. Accordingly, the Regulation must ensure the provision of effective remedy to affected rightholders.
Amendment 111 #
Proposal for a regulation Recital 18 b (new) (18 b) In particular, remediation processes and remedial action should be based on, and be aligned with, international standards of best practice, including through consultation with trade unions. Remedy may, for example, include apologies, restitution, rehabilitation and financial or non- financial compensation.
Amendment 112 #
Proposal for a regulation Recital 18 c (new) (18 c) In particular, the responsibility of importers to provide adequate remedy should also include an examination of their contribution through their bad purchasing practices, including predatory pricing, which may be pushing producing companies to resort to forced labour.
Amendment 113 #
Proposal for a regulation 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, to the extent that it is possible and financially feasible, that those authorities have sufficient resources and that their staff has the necessary competences and knowledge, especially with regard to human rights, including forced labour, value chain management and due diligence processes. Competent authorities should closely coordinate with national 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.
Amendment 114 #
Proposal for a regulation Recital 19 a (new) (19 a) The fight against forced labour also relies on cooperation in the area of international criminal law with third countries and, in this respect, the EU should make the conclusion of trade agreements or the granting of trade preferences conditional on the existence of adequate legislation and inspection capacities in the countries concerned which are capable of effectively combating forced labour. The existence of such capacities should be confirmed, for instance, when ex-ante studies are carried out.
Amendment 115 #
Proposal for a regulation Recital 20 Amendment 116 #
Proposal for a regulation Recital 20 (20) In order to increase the effectiveness of the prohibition, competent authorities should grant reasonable time to economic operators to identify, mitigate, prevent and bring to an end the risk of forced labour, particularly in the case of VSEs/SMEs, for whom the administrative burden must be lightened and the information requirements made proportionate.
Amendment 117 #
(20) In order to increase the effectiveness of the prohibition, competent authorities should grant reasonable time to economic operators to identify, prevent, mitigate,
Amendment 118 #
Proposal for a regulation Recital 20 (20) In order to increase the effectiveness of the prohibition, competent authorities should grant reasonable time to economic operators to identify, mitigate, prevent and bring to an end the risk of forced labour, taking into account the size and resources of economic operators.
Amendment 119 #
Proposal for a regulation Recital 21 (21) When identifying potential violations of the prohibition, the Commission and competent authorities should follow a risk-based approach and assess all information available to them.
Amendment 120 #
Proposal for a regulation Recital 21 (21) When identifying potential violations of the prohibition, the competent authorities should follow a risk-based approach and assess all information available to them. Competent authorities should initiate an investigation where, based on their assessment of all available information, they establish that there is a substantiated concern of a violation of the prohibition. The scale of the alleged violation shall be taken into account in this analysis.
Amendment 121 #
Proposal for a regulation Recital 22 (22)
Amendment 122 #
Proposal for a regulation 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 value 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 value chains. Appropriate due diligence means that forced labour issues in the value chain have been identified and addressed in accordance
Amendment 123 #
Proposal for a regulation Recital 22 a (new) (22 a) During the investigation, the Commission and competent authorities shall engage with stakeholders with the genuine intention to understand how relevant stakeholder interests are affected by its activities, prior to taking decisions that may impact them and take into consideration their interests. It involves the timely provision of all information needed by the potentially impacted stakeholders to make an informed judgment on how the decision could affect them. It should ensure follow-through on implementation of agreed commitments, ensuring that adverse impacts to impacted and potentially impacted stakeholders are addressed.
Amendment 124 #
Proposal for a regulation Recital 22 a (new) (22 a) Any voluntary schemes subscribed to by the economic actors concerned shall be duly included among the measures referred to.
Amendment 125 #
Proposal for a regulation Recital 23 (23) In order to ensure cooperation among the Commission and competent authorities designated under this and other relevant legislation and in order to ensure consistency in their actions and decisions, competent authorities designated under this Regulation should request information from other relevant authorities, where necessary, on whether 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.
Amendment 126 #
Proposal for a regulation Recital 24 (24) During the preliminary phase of investigation, the Commission and competent authorities should
Amendment 127 #
Proposal for a regulation Recital 24 (24) During the preliminary phase of investigation, competent authorities should focus on the economic operators involved in the steps of the
Amendment 128 #
(25) Competent authorities, when requesting information during the investigation, should
Amendment 129 #
Proposal for a regulation 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 value chain as close as possible to where the likely risk of forced labour occurs and take into account the size and
Amendment 130 #
Proposal for a regulation Recital 26 (26)
Amendment 131 #
Proposal for a regulation Recital 27 (27)
Amendment 132 #
Proposal for a regulation Recital 28 (28) In that decision, competent authorities should state the findings of the investigation, and the information underpinning the findings, and set a reasonable time within which the economic operators should comply with the decision, as well as information allowing for the identification of the product to which the decision applies. The Commission should be empowered to adopt the implementing acts necessary to specify the details about the information to be contained in such decisions. The decisions from the competent authorities shall be made publicly available.
Amendment 133 #
Proposal for a regulation Recital 29 (29) In
Amendment 134 #
Proposal for a regulation Recital 29 (29) In setting a reasonable time to comply with the order, competent authorities should take into account the size and
Amendment 135 #
Proposal for a regulation Recital 29 (29) In setting a reasonable time to comply with the order, competent authorities should take into account the size and economic resources of the economic operators concerned. In particular, VSEs/SMEs should be subject to proportionate obligations and benefit from a reduction in their administrative burden.
Amendment 136 #
Proposal for a regulation Recital 30 (30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being imported, placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators
Amendment 137 #
Proposal for a regulation Recital 31 (31) Economic operators should have the possibility to request a review of the decisions by the competent authorities, after having provided new relevant information showing that it cannot be concluded that the relevant products have been made with forced labour. Competent authorities should withdraw their decision where they establish on the basis of that new information, that it cannot be established that the products have been made with forced labour.
Amendment 138 #
Proposal for a regulation Recital 32 (32)
Amendment 139 #
Proposal for a regulation 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
Amendment 140 #
Proposal for a regulation Recital 32 (32) Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information to the competent authorities when it considers that products made with forced labour are placed and made available on the Union market and to be informed of the outcome of the assessment of their submission, as well as having the right to recourse once a decision is being made, by bringing in more information proving that forced labour is still present in the supply chain of the investigated economic operator. To enhance natural or legal persons and associations’ ability to submit such information to the competent authorities, the review of the Union Customs Code should enable public access to customs information.
Amendment 141 #
Proposal for a regulation Recital 32 a (new) (32 a) Member States shall establish mechanisms for handling complaints in accordance with their national legislation, while ensuring the necessary anonymity for complainants.
Amendment 142 #
Proposal for a regulation Recital 32 a (new) (32 a) The ILO forced labour instruments, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children and the Global Compact for Migration, together make clear that trafficking in persons for the purpose of forced labour cannot be eliminated through criminal law enforcement alone. Rather, a broad multidisciplinary approach is needed that is grounded in adherence to human rights, encompassing the need for effective gender- and age-responsive measures. Such measures, along with criminal justice responses, must focus on preventing and addressing the root causes of forced labour and on ensuring protection and remedies for the people already affected by it.
Amendment 143 #
Proposal for a regulation Recital 32 a (new) (32 a) It is estimated that about 11.8 million women and girls were in forced labour in 2021, which represents almost 43% of the total.1a It is therefore fundamental to ensure that this Regulation is implemented in a gender- responsive manner. Human rights violations are not gender neutral and should not be treated as such. Women are often disproportionately affected by adverse business practices, which requires a specific response to their needs. Competent authorities should apply a gender lens throughout all of the steps of the Regulation prohibiting products made with forced labour on the Union market, collect gender-disaggregated data and encourage economic operators to provide the requested information in a gender- sensitive way. _________________ 1a The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733 .pdf.
Amendment 144 #
Proposal for a regulation 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 145 #
Proposal for a regulation Recital 32 b (new) (32 b) Child labour is one of the forms of forced labour that must be vigorously combated, in particular by promoting the implementation of the International Labour Organisation Convention 182 on the Worst Forms of Child Labour among partner countries1 a. _________________ 1a https://www.ilo.org/dyn/normlex/en/f?p=1 000:12100:0::NO::P12100_INSTRUME NT_ID,P12100_LANG_CODE:312327,en :NO
Amendment 146 #
Proposal for a regulation Recital 32 b (new) Amendment 147 #
Proposal for a regulation Recital 32 b (new) (32 b) As stated in Article 8 of the ILO Worst Forms of Child Labour Convention (N. 182), States parties shall take appropriate steps to assist one another in giving effect to the provisions of this Convention through enhanced international cooperation and/or assistance including support for social and economic development, poverty eradication programmes and universal education.
Amendment 148 #
Proposal for a regulation Recital 33 (33) The Commission should 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 Commission and 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 such as the UN Guiding Principles on Business and Human Rights and the OECD guidelines for Multinational Enterprises. 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 149 #
Proposal for a regulation Recital 34 (34) Decisions of the Commission and competent authorities establishing a violation of the
Amendment 150 #
Proposal for a regulation Recital 36 (36) Customs authorities that identify a product that may be covered by a decision communicated by competent authorities
Amendment 151 #
Proposal for a regulation Recital 37 (37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, they should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be
Amendment 152 #
Proposal for a regulation Recital 42 (42) To ensure effective enforcement decisions taken by the Commission or a competent authority in one Member State should be recognised and enforced by competent authorities in the other Member States regarding products
Amendment 153 #
Proposal for a regulation 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
Amendment 154 #
Proposal for a regulation 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 representatives, international organisations, women and children organisations, especially in developing countries, 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 helping to strengthen the enforcement of the prohibition.
Amendment 155 #
Proposal for a regulation Recital 44 (44) To ensure effective enforcement of the prohibition, it is necessary to establish a centralised complaint mechanism at EU level, as well as 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. 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 helping to strengthen the enforcement of the prohibition.
Amendment 156 #
Proposal for a regulation 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, civil society representatives and human rights defenders. 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 helping to strengthen the enforcement of the prohibition.
Amendment 157 #
Proposal for a regulation 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, or, if necessary, other experts deemed relevant. 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
Amendment 158 #
Proposal for a regulation Recital 45 (45) Since forced labour is a global problem and given the interlinkages of the global
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 160 #
Proposal for a regulation Recital 45 (45) Since forced labour is a global problem and given the interlinkages of the
Amendment 161 #
Proposal for a regulation 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 to enhance the effective implementation of
Amendment 162 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation lays down rules: A) prohibiting economic operators from importing, placing and making available on the Union market or exporting from the Union market products made with forced labour, and B) for remedial obligations for importers on economic operators for instances where forced labour is found.
Amendment 163 #
Proposal for a regulation 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.
Amendment 164 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall not cover the withdrawal of products which have reached the
Amendment 165 #
Proposal for a regulation Article 2 – paragraph 1 – point a (a) ‘forced labour’ means forced or compulsory labour as defined in Article 2 of the Convention on Forced Labour, 1930 (No. 29) of the International Labour Organization, including forced child labour, taking into account the indicators set out in the ILO’s ‘Hard to See, Harder to Count’ guidelines;
Amendment 166 #
Proposal for a regulation Article 2 – paragraph 1 – point b (b) ‘forced labour imposed by state authorities’ means the use of forced labour as described in Article 1 of the Convention on the Abolition of Forced Labour, 1957 (No. 105) of the International Labour Organization, including the punishment for the expression of political views, for the purposes of economic development, as a means of labour discipline, as punishment for participation in strikes, or as a means of racial, religious or other discrimination;
Amendment 167 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) ‘due diligence in relation to forced labour’ means the
Amendment 168 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement mandatory
Amendment 169 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement mandatory requirements, mandatory and voluntary guidelines,
Amendment 170 #
Proposal for a regulation Article 2 – paragraph 1 – point c a (new) (c a) ‘bring to an end the use of forced labour’ means effective measures to address root causes of forced labour affecting specific supplier that supplies the economic operator that places or makes available in EU market; bringing to an end the use of forced labour shall not mean disengagement as first resort;
Amendment 171 #
Proposal for a regulation Article 2 – paragraph 1 – point c a (new) (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;
Amendment 172 #
Proposal for a regulation Article 2 – paragraph 1 – point c a (new) (c a) bringing to an end (the use of) forced labour shall not mean disengagement as first resort;
Amendment 173 #
Proposal for a regulation Article 2 – paragraph 1 – point c b (new) (c b) ‘root causes of forced labour’, for the purposes of the regulation, means at the level of a country or region, the issues of economic exploitation, poverty, systemic discrimination, lack of regular and decent labour migration pathways among others. At the level of an economic operator, it includes prices below cost of production, lack of living incomes and living wages and more generally any unfair purchasing practices;
Amendment 174 #
Proposal for a regulation Article 2 – paragraph 1 – point c b (new) (c b) 'root causes of forced labour' means the multi-faceted fundamental reasons for the occurrence of forced labour; this shall particularly look into exploitation, poverty, migration, prices below cost of production, lack of living incomes and living wages and unfair purchasing practices;
Amendment 175 #
Proposal for a regulation Article 2 – paragraph 1 – point c b (new) (c b) ‘root causes of forced labour’ means the multi-faceted fundamental reasons for the occurrence of forced labour; this shall particularly look into exploitation, poverty, migration, prices below cost of production, lack of living incomes and living wages and unfair purchasing practices;
Amendment 176 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) ‘making available on the market’ means any import or supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge and in the case where the product is offered for sale online or through other means of distance sales, the making available on the market is deemed to take place when the offer for sale is targeted at users in the Union;
Amendment 177 #
(f) ‘product’ means any product or services that can be valued in money and is capable, as such, of forming the subject of commercial transactions, whether it is performed, extracted, harvested, produced or manufactured, transported or stored, including working or processing related to a product at any stage of its supply chain;
Amendment 178 #
Proposal for a regulation 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
Amendment 179 #
Proposal for a regulation 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
Amendment 180 #
Proposal for a regulation Article 2 – paragraph 1 – point k (k) ‘product supplier’ means any natural or legal person or association of persons in the supply chain who performs services, extracts, harvests, produces or manufactures, transports or stores 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 181 #
Proposal for a regulation 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
Amendment 182 #
Proposal for a regulation Article 2 – paragraph 1 – point m a (new) (m a) 'stakeholders' means (i) (vulnerable) workers who might be impacted by the product ban; ii) other third parties with legitimate interest or whose rights or interests are or could be affected, such as communities, as well as civil society actors including trade unions, workers (self) organisations and NGOs, other legal or natural persons defending human rights (‘human rights defenders’), including individuals, groups and organs of society that promote and protect universally recognised human rights and fundamental freedoms and labour conventions, indigenous peoples or other vulnerable stakeholders; and iii) organisations whose statutory purpose is the defence of human rights;
Amendment 183 #
Proposal for a regulation Article 2 – paragraph 1 – point m a (new) Amendment 184 #
Proposal for a regulation Article 2 – paragraph 1 – point m a (new) (m a) 'vulnerable stakeholders’ means individuals and right-holders groups finding themselves in marginalised situations and situations of vulnerability, due to specific contexts or intersecting factors, including among others their sex, gender, age, race, ethnicity, class, indigenous identity, migration status, disability, as well as social and economic status, which are the causes of differentiated and often disproportionate adverse impacts, and creates discrimination and additional barriers to participation and access to justice;
Amendment 185 #
Proposal for a regulation Article 2 – paragraph 1 – point m a (new) (m a) ‘affected stakeholders’ has 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;
Amendment 186 #
Proposal for a regulation Article 2 – paragraph 1 – point m b (new) (m b) 'meaningful engagement with workers and 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, such as workers who are undocumented or in the irregular economy, smallholders, and indigenous peoples;
Amendment 187 #
Proposal for a regulation Article 2 – paragraph 1 – point n (n)
Amendment 188 #
Proposal for a regulation 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
Amendment 189 #
Proposal for a regulation Article 2 – paragraph 1 – point p (p) ‘products entering the Union market’ means products from third countries, especially from developing countries, intended to be placed on the Union market or intended for private use or consumption within the customs territory of the Union and placed under the customs procedure ‘release for free circulation’;
Amendment 190 #
Proposal for a regulation Article 2 – paragraph 1 – point p (p) ‘products entering the Union market’ means products from third countries and EU Member States intended to be placed on the Union market or intended for private use or consumption within the customs territory of the Union and placed under the customs procedure ‘release for free circulation’;
Amendment 191 #
Proposal for a regulation Article 2 – paragraph 1 – point s a (new) (s a) 'SMEs’ means micro, small and medium-sized enterprises as defined in Directive 2013/34/EU;
Amendment 192 #
Proposal for a regulation Article 2 – paragraph 1 – point u a (new) Amendment 193 #
Proposal for a regulation Article 3 – paragraph 1 1. Economic operators shall not import, place or make available on the Union market products that are made, transported or stored with forced labour, nor shall they export such products. 2.The Commission or competent authorities may determine a violation in relation to products made with forced labour in either of the following cases: (a) a particular production site, or a group of production sites; (b) a particular operator or company, or group of operators or companies; (c) a particular transport vessel or fleet;or (d) a particular product group from a specific region or country. 3.The placement of a product on the Union market may, in accordance with the investigations and decision-making process set out in this Regulation, be excluded from free circulation in the EU, and products that have already entered may be recalled, provided they have not yet reached end-consumers. 4. Products produced in the EU and exported, and those imported into the EU are covered.
Amendment 194 #
Proposal for a regulation Article 3 a (new) Article 3 a Prohibition of products made with state- imposed forced labour Economic operators shall not place or make available on the Union market products that are made with state-imposed forced labour, nor shall they export such products. In case of systematic state-imposed forced labour, and where appropriate, the establishment of region-wide bans over specific groups of products, and, where relevant, shall be enacted, in alignment with the EU global human rights sanctions regime.
Amendment 196 #
Proposal for a regulation Article 4 – paragraph 1 – point a (a) submissions
Amendment 197 #
Proposal for a regulation 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
Amendment 198 #
Proposal for a regulation 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
Amendment 199 #
Proposal for a regulation 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 200 #
Proposal for a regulation Article 4 – paragraph 6 6. The competent authority shall duly take into account where the economic operator demonstrates that it
Amendment 201 #
Proposal for a regulation Article 4 a (new) Article 4 a Evidence of forced labour 1. For the purposes of this Regulation, the existence of forced labour will be determined with reference to the indicators for forced labour set out by the ILO, which will be detailed by the European Commission in guidelines documents. 2. The indicators for forced labour will be determined by: (a) involuntariness, namely work for which a person has not offered themself voluntarily; and (b) penalty, or menace of a penalty, namely where the work is performed under the menace of a penalty to the worker, imposed by an employer or third party. 3. Evidence is to be assessed with reference to the ILO ‘Hard to See, Harder to Count’ guidance. 4. Where there is evidence of one indicator present under each of subparagraphs 2(a) and (b), there will be evidence of forced labour for the purposes of this Regulation.
Amendment 202 #
Proposal for a regulation Article 5 – paragraph 1 1.
Amendment 203 #
Proposal for a regulation 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 204 #
Proposal for a regulation Article 5 – paragraph 1 a (new) 1 a. Where possible, on-the-ground assessment to understand underlying socio-economic and cultural reasons for forced labour. Where appropriate, assessment should be made in collaboration with existing collaborative multistakeholder initiatives to identify and respond to risks of adverse impacts associated with particular products, regions, sectors or industries.
Amendment 205 #
Proposal for a regulation Article 5 – paragraph 2 – introductory part 2.
Amendment 206 #
Proposal for a regulation Article 5 – paragraph 2 – point d (d) the possibility for the economic operators to submit any other document or information to the Commission or competent authority, and the date by which such information has to be submitted.
Amendment 207 #
Proposal for a regulation Article 5 – paragraph 2 – point d a (new) (d a) where the economic operator is informed about the investigation, the Commission and competent authorities shall order the suspension of the circulation of products under investigation.
Amendment 208 #
Proposal for a regulation Article 5 – paragraph 3 – introductory part 3. Where requested to do so by the Commission and competent authorities, economic operators under investigation shall submit to those competent authorities any information 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:
Amendment 209 #
Proposal for a regulation Article 5 – paragraph 3 – point a (a)
Amendment 210 #
Proposal for a regulation Article 5 – paragraph 3 – point b Amendment 211 #
Proposal for a regulation Article 5 – paragraph 3 – point b (b) take into account the size and
Amendment 212 #
Proposal for a regulation Article 5 – paragraph 4 4. Economic operators shall submit
Amendment 213 #
Proposal for a regulation Article 5 – paragraph 5 5.
Amendment 214 #
Proposal for a regulation Article 5 – paragraph 5 5. When deciding on the time limits referred to in this Article, competent authorities shall consider the size and
Amendment 215 #
Proposal for a regulation Article 5 – paragraph 5 a (new) 5 a. Once the competent authority initiates an investigation it shall assess the possible impacts of any decision to be adopted pursuant to 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 affected stakeholders, as well as in consultation with authorities of the affected or potentially affected third countries, especially of affected or potentially affected developing countries.
Amendment 216 #
Proposal for a regulation 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).
Amendment 217 #
Proposal for a regulation Article 5 – paragraph 6 6.
Amendment 218 #
Proposal for a regulation Article 6 – paragraph 1 1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish whether there is reasonable but not conclusive evidence that Article 3 has been violated, within
Amendment 219 #
Proposal for a regulation Article 6 – paragraph 3 3. Where competent authorities cannot establish that Article 3 has been violated, they shall take a decision to close the investigation and inform the economic operator thereof. This closing of the investigation for lack of proof shall not preclude the right of competent authority to start a new investigation into the same product should new information be made available.
Amendment 220 #
Proposal for a regulation Article 6 – paragraph 4 – introductory part 4. Where competent authorities establish that Article 3 has been violated, they shall
Amendment 221 #
Proposal for a regulation Article 6 – paragraph 4 – introductory part 4. Where competent authorities establish that Article 3 has been violated, they shall without delay adopt a decision, taking into account the outcome of the impact assessment referred to in Article 5(5), containing:
Amendment 222 #
Proposal for a regulation Article 6 – paragraph 4 – point c a (new) (c a) measures that economic operator must implement as to effectively address root causes of forced labour present on its value chain. This shall include engagement with their suppliers throughout the value chain and identify and address root causes leading to use of forced labour in the investigated product.
Amendment 223 #
Proposal for a regulation Article 6 – paragraph 4 – point c a (new) Amendment 224 #
Proposal for a regulation Article 6 – paragraph 4 – point c b (new) (c b) where applicable, an order to reform unfair purchasing practices should be made.
Amendment 225 #
Proposal for a regulation Article 6 – paragraph 6 6. Where economic operators provide evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they have provided remedy in accordance with Article 6(a) and eliminated forced labour from their operations or supply chain with respect to the products concerned, and that sustainable and effective processes have been put in place to prevent harms from continuing or taking place again in the future, the competent authorities shall withdraw their decision and inform the
Amendment 226 #
Proposal for a regulation Article 6 – paragraph 6 6. Where economic operators provide evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they provide proof of effective remediation for workers victims of forced labour and have eliminated forced labour from their operations or supply chain with respect to the products concerned by addressing the root causes of forced labour found on its supply chain, the competent authorities shall withdraw their decision for the future and inform the economic
Amendment 227 #
Proposal for a regulation Article 6 – paragraph 6 6. Where economic operators provide evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they have eliminated forced labour from their operations or supply chain with respect to the products concerned, provided the proof of effective remediation for workers victims of forced labour, the competent authorities shall withdraw their decision for the future and inform the economic operators.
Amendment 228 #
Proposal for a regulation Article 6 – paragraph 6 a (new) 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 229 #
Proposal for a regulation Article 6 – paragraph 6 b (new) 6 b. If an economic operator determines that disengagement is the most appropriate action, it must strictly comply with national laws, international labour standards and the terms of collective bargaining agreements.
Amendment 230 #
Proposal for a regulation Article 6 a (new) Amendment 231 #
Proposal for a regulation Article 7 – paragraph 1 – point a a (new) (a a) measures that economic operator must implement as to effectively address root causes of forced labour present on its value chain. This shall include engagement with their suppliers throughout the value chain and identify and address root causes leading to use of forced labour in the investigated product;
Amendment 232 #
Proposal for a regulation Article 7 – paragraph 1 – point b (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 Commission or competent authority shall where relevant take into account the economic operator’s
Amendment 233 #
Proposal for a regulation Article 7 – paragraph 1 – point b (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
Amendment 234 #
Proposal for a regulation Article 7 – paragraph 2 2. The Commission shall adopt
Amendment 235 #
Proposal for a regulation Article 8 – paragraph 1 1. Competent authorities shall provide economic operators affected by a decision adopted pursuant to Article 6(4) the possibility of requesting a review of that decision within
Amendment 236 #
Proposal for a regulation Article 8 – paragraph 1 1.
Amendment 237 #
Proposal for a regulation Article 8 – paragraph 2 2. A request for a review of a decision adopted pursuant Article 6(4) shall contain relevant new information that was not brought to the attention of the competent authority during the investigation for reasons other than negligence. The request for a review shall delay the enforcement of the decision adopted pursuant to Article 6(4) until the competent authority decides on the request for the review.
Amendment 238 #
Proposal for a regulation Article 8 – paragraph 3 3. A competent authority shall take a decision on the request for review within
Amendment 239 #
Proposal for a regulation Article 8 – paragraph 3 3.
Amendment 240 #
Proposal for a regulation Article 9 – paragraph 1 – point a (a) any decision not to initiate an investigation following
Amendment 241 #
Proposal for a regulation Article 10 – title Amendment 242 #
Proposal for a regulation Article 10 – title Submission of information and non- judicial complaints regarding violations of Article 3
Amendment 243 #
Proposal for a regulation Article 10 – paragraph -1 (new) Amendment 244 #
Proposal for a regulation Article 10 – paragraph 1 1.
Amendment 245 #
Proposal for a regulation Article 10 – paragraph 1 1. Submissions of information
Amendment 246 #
Proposal for a regulation Article 10 – paragraph 2 2. The competent authority shall, as soon as possible, inform the
Amendment 247 #
Proposal for a regulation Article 10 – paragraph 2 2. The competent authority shall, as soon as possible, inform the
Amendment 248 #
Proposal for a regulation Article 10 – paragraph 3 3. Directive (EU) 2019/1937 of the European Parliament and of the Council39shall apply to the reporting of all breaches of this Regulation and the protection of persons reporting such breaches. Additionally, Member States and the Commission shall ensure that the identity of the person or persons reporting complaints, providing evidence, and of any individuals who are potentially being subjected to forced labour in terms of the complaint or investigation, is not disclosed without the explicit consent of that or those persons, to anyone beyond the authorised staff members competent to receive or follow up on complaints. This shall also apply to any other information from which the identity of the reporting person may be directly or indirectly deduced. _________________ 39 Directive (EU) 2019/1937 of the
Amendment 249 #
Proposal for a regulation Article 10 – paragraph 3 3. Directive (EU) 2019/1937 of the European Parliament and of the Council39shall apply to the reporting of all breaches of this Regulation and the protection of
Amendment 250 #
Proposal for a regulation Article 10 – paragraph 3 a (new) 3 a. adequate remediation should be foreseen in relation to the non-judicial grievance mechanism. In order to ensure that the following Regulation adequately complements the Directive 20XX/XX/EU on Corporate Sustainability Due Diligence of the European Parliament and of the Council, remediation, like for the mechanism, should align with the one which will be provided in the said Directive.
Amendment 251 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas, sectors 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. This database shall be easily accessible. The Commission, after consultation with competent authorities and other stakeholders, shall be empowered to declare a presumption of forced labour for products or groups of products, from specified countries or regions where there is reasonable suspicion of wide-spread forced labour, including state-imposed forced labour, in an entire product group in a specific industry, as well as production sites or groups of production sites included in the database referred to in paragraph 1. This decision shall be encoded in the same database as a risk database area.
Amendment 252 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable, evidence-based and regularly updated database of forced labour risks in specific geographic areas or with respect to specific products including with regard to forced labour imposed by state authorities.
Amendment 253 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas or with respect to specific products including with regard to forced labour imposed by state authorities. The database 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, civil society, international organisations and third country authorities.
Amendment 254 #
Proposal for a regulation Article 11 – paragraph 2 2. The Commission shall ensure that the database is made publicly available by
Amendment 255 #
Proposal for a regulation Article 11 – paragraph 2 2. The Commission shall ensure that the database is made publicly available by the external expertise at the latest 24 months after the entry into force of this Regulation. The database shall be transparent and accessible to all.
Amendment 256 #
Proposal for a regulation Article 11 a (new) Amendment 257 #
Proposal for a regulation Article 12 – paragraph 4 4. The Commission shall make the list of the designated competent authorities and of the Central Complain Mechanism publicly available on its website and shall regularly update that list, based on the updates received from Member States.
Amendment 258 #
Proposal for a regulation Article 12 – paragraph 6 6. Member States shall confer on their competent authorities the power to impose penalties in accordance with Article 30, including with respect to the provision of remediation.
Amendment 259 #
Proposal for a regulation Article 13 – paragraph 1 a (new) 1a. In addition, the Commission is working towards optimising cooperation in the area of criminal law with the third countries concerned and, where appropriate and necessary, the exchange of best practices and information.
Amendment 260 #
Proposal for a regulation Article 14 – paragraph 1 1. Decisions taken by the Commission or a competent authority in one Member State shall be recognised and enforced by competent authorities in the other Member States in so far as they relate to products
Amendment 261 #
Proposal for a regulation Article 14 – paragraph 2 2. A competent authority that has received, through the information and communication system referred to in Article 22(1), a request from the Commission or a competent authority of another Member State for information to verify any evidence provided by an economic operator shall provide that information within 15 working days from the date of receipt of the request
Amendment 262 #
Proposal for a regulation Article 14 – paragraph 4 4. Before initiating an investigation in accordance with Article 5,
Amendment 263 #
Proposal for a regulation Article 14 – paragraph 6 a (new) 6 a. When the accumulation of new complaints and evidence against a product and/or an economic operator renders it meaningful, the Commission may take over the investigation duty from a competent authority.
Amendment 264 #
Proposal for a regulation Article 15 – paragraph 3 – point a (a) any decision to prohibit the importing, placing or making available of the products on the Union market and their export, as well as to order the withdrawal of the products already placed or made available on the Union market and their disposal referred to in Article 6(4);
Amendment 265 #
Proposal for a regulation 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 266 #
Proposal for a regulation 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, especially women and children organisations, as well as the size and
Amendment 267 #
Proposal for a regulation 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
Amendment 268 #
Proposal for a regulation 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) (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 270 #
Proposal for a regulation Article 23 – paragraph 1 – point b (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;
Amendment 271 #
Proposal for a regulation 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 272 #
Proposal for a regulation Article 23 – paragraph 1 – point e a (new) (e a) guidance for affected stakeholders on filing information and non-judicial complaints through the centralised notification and non-judicial grievance mechanism. The Commission should make sure that such guidelines would be able to reach all affected stakeholders, especially vulnerable people, such as, children, women, migrants and other minorities;
Amendment 273 #
Proposal for a regulation 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 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 representatives, international organisations, women and children organisations, especially in developing countries, shall be invited to collaborate with the Network.
Amendment 274 #
Proposal for a regulation 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 representatives and human rights defenders.
Amendment 275 #
Proposal for a regulation 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, or other relevant stakeholders as appropriate.
Amendment 276 #
Proposal for a regulation 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 277 #
Proposal for a regulation Article 24 – paragraph 3 – point a (a) facilitate the identification of common priorities for enforcement activities, including, where appropriate, in third countries, especially in developing countries, to exchange information, expertise and best practices;
Amendment 278 #
Proposal for a regulation 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 279 #
Proposal for a regulation Article 24 – paragraph 3 – point b (b) conduct joint investigations and facilitate cooperation in the area of criminal law with third countries outside the EU;
Amendment 280 #
Proposal for a regulation Article 24 – paragraph 3 – point b (b) conduct joint investigations, including, where appropriate, in third countries and especially in developing countries;
Amendment 281 #
Proposal for a regulation Article 24 – paragraph 3 – point b (b) conduct joint investigations and reinforce national and transnational referral mechanisms;
Amendment 282 #
Proposal for a regulation Article 24 – paragraph 3 – point c (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, where appropriate, in third countries, especially in developing countries;
Amendment 283 #
Proposal for a regulation 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, where appropriate, with third country authorities, especially developing country authorities, as well as civil society organisations and international organisations, especially women and children organisations;
Amendment 284 #
Proposal for a regulation Article 24 – paragraph 3 – point f (f)
Amendment 285 #
Proposal for a regulation Article 24 – paragraph 3 – point f (f) to promote the cooperation and exchange of expertise and best practices between competent authorities and customs authorities
Amendment 286 #
Proposal for a regulation Article 24 – paragraph 3 – point f (f) to promote the cooperation and exchange of expertise and best practices between competent authorities
Amendment 287 #
Proposal for a regulation 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 288 #
Proposal for a regulation Article 24 – paragraph 3 – point f a (new) (f a) manage the notification and non- judicial grievance mechanism.
Amendment 289 #
Proposal for a regulation Article 24 – paragraph 5 a (new) 5 a. The EU delegations, particularly in countries/regions established as of high risk for forced labour, shall also be involved in the work of this Network. Dedicated programmes shall be developed for EU delegations to support third countries efforts to eradicate forced labour.
Amendment 290 #
Proposal for a regulation 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 291 #
Proposal for a regulation Article 26 – paragraph 1 1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission
Amendment 292 #
Proposal for a regulation Article 26 – paragraph 1 1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission
Amendment 293 #
Proposal for a regulation 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,
Amendment 294 #
Proposal for a regulation 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,
Amendment 295 #
Proposal for a regulation Article 26 – paragraph 1 1. In order to facilitate effective implementation and enforcement of this Regulation and to jointly work on tackling (the root causes of) forced labour, the Commission shall may as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, business organisations and civil society representatives
Amendment 296 #
Proposal for a regulation 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, representatives of the business community, including VSEs/SMEs, civil society representatives and business organisations, including sectoral federations. 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.
Amendment 297 #
Proposal for a regulation Article 26 – paragraph 2 2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, civil society representatives, business organisations and competent authorities of third countries
Amendment 298 #
Proposal for a regulation Article 26 – paragraph 2 2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, women and children organisations, civil society representatives, business organisations and competent authorities of third countries, especially in developing countries, as well as any other affected stakeholder, including those collaborating with the Network may result in the Union developing accompanying measures to support the efforts of companies and partner countries
Amendment 299 #
Proposal for a regulation Article 26 – paragraph 2 2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, civil society representatives, business organisations and competent authorities of third countries may result in the Union developing accompanying measures to support the efforts of companies, with particular attention paid to the Union's VSEs/SMEs, and partner countries efforts and locally available capacities in tackling forced labour.
Amendment 300 #
Proposal for a regulation Article 26 – paragraph 2 2. For the purposes of paragraph 1, cooperation with, amongst others,
Amendment 301 #
Proposal for a regulation Article 26 – paragraph 2 a (new) 2 a. The following accompanying measures are notably foreseen: (a) supportive development policies to governments in producer countries to guarantee, protect and fultfil their international human rights obligations to implement decent labour conditions, inter alia by: (i) removing barriers to freedom of expression and association, and increased recognition of land rights; (ii) building national social protection floor, in order to reduce vulnerability to forced or compulsory labour; (iii) providing social and economic assistance, including access to educational and training opportunities and access to decent work, notably for at- risk population groups to increase their employability and income-earning opportunities and capacity; (iv) developing coherent policies, such as employment and labour migration policies, which take into account the risks faced by specific groups of migrants, including those in an irregular situation, and address circumstances that could result in forced labour situations. (b) supporting partner countries to develop encompassing National Action Plans on Forced Labour, with the aim to: (i) address the root causes of workers’ vulnerability to forced or compulsory labour; (ii) adopt and strengthen legislation on forced labour, covering the employment relationship of all sectors of the economy; (iii) provide effective protective measures to meet the needs of all victims, irrespective of their status (age, gender, ethnicity, migration status or any other ground for discrimination), for both immediate assistance and long-term recovery and rehabilitation; (iv) strengthen the enforcement of laws and prosecution; (v) raise awareness and engagement, especially for those who are most at risk of becoming victims of forced or compulsory labour, including migrants, to inform them, inter alia, about how to protect themselves against fraudulent or abusive recruitment and employment practices, their rights and responsibilities at work, how to gain access to assistance in case of need and about the sanctions for violating the prohibition on forced or compulsory labour.
Amendment 302 #
Proposal for a regulation Article 26 – paragraph 2 a (new) 2a. In the context of the dialogue on generalised trade preferences, the EU shall emphasise respect for the core labour standards of the International Labour Organisation in relation to forced labour, as well as in general in its bilateral dialogue with the third countries concerned.
Amendment 303 #
Proposal for a regulation Article 26 – paragraph 2 a (new) 2 a. The Commission and Member States shall develop cooperation and partnership mechanisms with third countries to address the root causes of forced labour, and build the capacity of upstream economic actors to respond to the requirements under this Regulation.
Amendment 74 #
Proposal for a regulation 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
Amendment 75 #
Proposal for a regulation 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 (as well as the related practices of slavery and human trafficking) 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
Amendment 76 #
Proposal for a regulation Recital 1 a (new) (1 a) Several ILO standards explicitly prohibit forced labour or related practices among specific categories of vulnerable workers. These include the Worst Forms of Child Labour Convention, 1999 (No. 182), the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), and the Indigenous and Tribal Peoples Convention, 1989 (No. 169).
Amendment 77 #
Proposal for a regulation 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
Amendment 78 #
Proposal for a regulation 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.
Amendment 79 #
Proposal for a regulation Recital 2 (2) The use of forced labour is widespread in the world. It is estimated that about 27.6 million people, including 3.3 million children, were in forced labour in 2021.18Vulnerable and marginalised groups in a society
Amendment 80 #
Proposal for a regulation Recital 2 a (new) (2 a) Even though forced labour can be found in a large number of sectors, some sectors, such as textiles, are particularly affected. The textile, clothing, leather and footwear sector (TCLF) is one of the largest sectors in the global economy and is characterised by poor working conditions and workers’ rights violations, with the majority of workers being women and children. The TCLF supply chain has become increasingly buyer-driven, which has led to low prices, increased time pressure and poor payment terms to the workers and these conditions fuel and exacerbate the risk of labour rights abuses in TCLF producing factories as well as the conditions of forced labour.
Amendment 81 #
Proposal for a regulation 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
Amendment 82 #
Proposal for a regulation Recital 3 (3) The eradication of forced labour is a priority for the Union. This Regulation aims to ban from the EU market products that have been produced, extracted or harvested using forced labour and, as ultimate objective, to eradicate forced labour by addressing its root causes. Respect for human dignity and the universality and indivisibility of human rights are 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
Amendment 83 #
Proposal for a regulation 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. Article 5(2) of the Charter of Fundamental Rights of the European Union explicitly prohibits slavery, servitude, forced or compulsory labour and trafficking in human beings, and Article 4 of the European Convention on Human Rights provides 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
Amendment 84 #
Proposal for a regulation Recital 3 (3) The eradication of forced labour, including but not limited to child 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. Article 5(2) of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights
Amendment 85 #
Proposal for a regulation Recital 3 a (new) (3 a) Article 31 of the EU Charter of Fundamental Rights recognizes the right for every worker to fair and just working conditions which respect to his or her health, safety and dignity.
Amendment 86 #
Proposal for a regulation Recital 5 (5) Through its policies and legislative
Amendment 87 #
Proposal for a regulation 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 88 #
Proposal for a regulation Recital 5 (5) Through its policies and legislative initiatives, the Union seeks to eradicate (the use of) forced labour and promote decent work and labour rights worldwide. 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 or placing goods in the Union.
Amendment 89 #
Proposal for a regulation 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 90 #
Proposal for a regulation Recital 5 a (new) (5 a) Furthermore, the EU's development cooperation and trade policy tools must be used to combat forced labour, including child labour, by making greater and more systematic use of the conditionality mechanisms provided for, inter alia, in trade agreements and generalised trade preference schemes.
Amendment 91 #
Proposal for a regulation Recital 6 (6) Union trade policy supports the 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, although this commitment is not truly binding. Moreover, unilateral trade preferences under the Union’s General Scheme of Preferences could be withdrawn for serious and systematic violations of ILO Convention No. 29 and ILO Convention No. 105.
Amendment 92 #
Proposal for a regulation Recital 6 (6) Union trade policy supports the 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 all 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 could be withdrawn for serious and systematic violations of ILO Convention No. 29 and ILO Convention No. 105.
Amendment 93 #
Proposal for a regulation Recital 6 a (new) (6 a) Strengthening the application of the trade and development chapters of trade agreements would be effective in combating forced labour, but this implies that violations of the provisions set out in these chapters should be accompanied by sanctions. In this regard, the effectiveness of these chapters in promoting social standards and international labour law remains questionable at present
Amendment 94 #
Proposal for a regulation Recital 7 (7) The Anti-trafficking Directive (Directive 2011/36/EU) of the European Parliament and of the Council21(the Anti- trafficking Directive) harmonises the definition of trafficking in human beings, including forced labour or services, and establishes minimum penalties. Any rules laid down concerning the prohibition of placing and making available on the Union market domestic or imported products made with forced labour, or exporting such products, and the obligation to ensure that such products are withdrawn from the Union market (‘the prohibition’), should be without prejudice to that Directive, and in particular to the competence of law enforcement and judicial authorities to investigate and prosecute offences on trafficking in human beings, including labour exploitation, as well as preventing and combating trafficking in human beings and protecting its victims, particularly by strengthening victims’ rights in the areas of non-punishment, assistance and support, safe reporting, complaint mechanisms and remedies including compensation. _________________ 21 Directive 2011/36/EU of the European
Amendment 95 #
Proposal for a regulation Recital 7 a (new) Amendment 96 #
Proposal for a regulation Recital 8 (8) [In particular, Directive 20XX/XX/EU on Corporate Sustainability Due Diligence sets out horizontal due diligence obligations to identify, prevent, mitigate and account for actual and potential adverse impacts on human rights, including forced labour, and the environment in the company’s own operations, its subsidiaries and in its value chains, in accordance with international human and labour rights standards and environmental conventions.
Amendment 97 #
Proposal for a regulation Recital 8 a (new) (8 a) Throughout, effective due diligence requires the meaningful engagement of stakeholders, including workers, their representative organisations, and community members, as they are best positioned to identify local risks and help formulate the most appropriate mitigation strategies. Attention should focus on identifying, prioritizing, and acting on “hotspots” where the risk of forced labour and other human rights abuses is highest in terms of both severity and scale. Particularly important in this context are the informal micro- and small enterprises operating at the lower links of supply chains in high- risk sectors and locations, often in raw materials extraction and production, where forced labour and other human rights abuses are often most pronounced.
Amendment 98 #
Proposal for a regulation Recital 12 (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.
Amendment 99 #
Proposal for a regulation Recital 12 (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. These measures should concern, in particular, the effective application of conditionality mechanisms provided for in trade agreements and generalised systems of preferences, as well as other possible mechanisms relating, for example, to imports. _________________ 29 Communication 23 March 2022 from the
source: 746.701
2023/05/03
AFET
179 amendments...
Amendment 100 #
Proposal for a regulation Article 2 – paragraph 1 – point c a (new) (ca) ‘root causes of forced labour’ means at the level of a country or region, the issues of economic exploitation, poverty, systemic discrimination and the lack of regular and decent labour migration pathways among others. At the level of an economic operator, it includes prices below the cost of production, the lack of living incomes and living wages and more generally any unfair purchasing practices;
Amendment 101 #
Proposal for a regulation Article 2 – paragraph 1 – point c a (new) (ca) ‘meaningful engagement with workers and 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 and local communities, with particular attention to especially vulnerable stakeholders, such as workers who are undocumented or in the informal economy, smallholders, and indigenous peoples; it includes the engagement of economic operators with the genuine intention to understand how relevant stakeholders’ interests are affected by their activities; it also includes the engagement of competent authorities with stakeholders prior to taking decisions that may impact the stakeholders, and the consideration of stakeholders’ interests; it also involves the timely provision of all information needed by the potentially impacted stakeholders to make an informed judgment on how the decision could affect them, and it shall ensure follow-through on the implementation of agreed commitments, ensuring that adverse impacts to impacted and potentially impacted stakeholders are addressed;
Amendment 102 #
Proposal for a regulation Article 2 – paragraph 1 – point c b (new) (cb) ‘meaningful engagement with workers and 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, such as workers who are undocumented or in the irregular economy, smallholders, and indigenous peoples;
Amendment 103 #
(cb) ‘remediation’ refers both to the processes of providing remedy for an adverse impact on human rights, and to the substantive outcomes that can counteract, or make good, the adverse impact, including: restitution, rehabilitation, financial or non-financial compensation (including establishing compensation funds for victims), punitive sanctions (whether criminal or administrative, such as fines), as well as prevention of harm through, for example, injunctions or guarantees of non- repetition, and where accompanied by one or more of the other measures, apologies. Remediation shall be provided according to the context and needs of each victim of forced labour;
Amendment 104 #
Proposal for a regulation Article 2 – paragraph 1 – point f (f) ‘product’ means any product or services that can be valued in money and is capable, as such, of forming the subject of commercial transactions, whether it is performed, extracted, harvested, produced
Amendment 105 #
Proposal for a regulation 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, including working or processing related to a product at any stage of its supply chain, including the transport and shipping of the product towards or within the Union market;
Amendment 106 #
Proposal for a regulation Article 2 – paragraph 1 – point k (k) ‘product supplier’ means any natural or legal person or association of persons in the supply chain who performs services, extracts, harvests, produces
Amendment 107 #
Proposal for a regulation Article 2 – paragraph 1 – point m a (new) (ma) ‘stakeholders’ means: (i) workers and other individuals, groups, communities, trade unions, worker representatives or entities whose rights or interests are or could be affected by the forced labour as used by an economic operator, its subsidiaries or its business relationships; (ii) other legal or natural persons defending human rights (‘human rights defenders’), including individuals, groups and organs of society that promote and protect universally recognised human rights and fundamental freedoms and labour conventions, including the rights of workers, trade unions, indigenous peoples or other vulnerable stakeholders; and (iii) organisations whose statutory purpose is the defence of human rights;
Amendment 108 #
Proposal for a regulation Article 2 – paragraph 1 – point u a (new) (ua) ‘relevant stakeholders’ or ‘stakeholders’ means vulnerable workers or employees who might be impacted by the product ban as well as other third parties with legitimate interest or whose rights or interests are or could be affected, such as communities, as well as civil society actors including trade unions, workers organisations and NGOs and any other legal or natural persons defending human rights (‘human rights defenders’) that promote and protect universally recognised human rights and fundamental freedoms and labour conventions, indigenous peoples or other vulnerable stakeholders;
Amendment 109 #
Proposal for a regulation Article 2 – paragraph 1 – point u a (new) (ua) ‘remediation’ means both the process of providing remedy for a negative human rights impact and the substantive outcomes that can counteract, or make good, the negative impact. These outcomes may take a range of forms such as apologies, restitution, rehabilitation, financial or non-financial compensation, as well as the prevention of harm through, for example, injunctions or guarantees of non-repetition. Remediation shall be provided according to the context and needs of each victim of forced labour;
Amendment 110 #
Proposal for a regulation Article 2 – paragraph 1 – point u a (new) (ua) ‘root causes of forced labour’ means at the level of a country or region, the issues of economic exploitation, poverty, systemic discrimination, and the lack of regular and decent labour migration pathways among others. At the level of an economic operator, it includes prices below the cost of production, the lack of living incomes and living wages and more generally any unfair purchasing practices;
Amendment 111 #
Proposal for a regulation Article 2 – paragraph 1 – point u a (new) (ua) ‘forced labour risk areas’ means those countries or regions where there is evidence of wide-spread and/or systemic forced labour, including state-imposed forced labour, in an entire product group in a specific industry;
Amendment 112 #
Proposal for a regulation Article 2 – paragraph 1 – point u b (new) (ub) ‘stakeholders’ means: (i) workers who might be impacted by the product ban; (ii) other third parties with legitimate interest or whose rights or interests are or could be affected, such as communities, as well as civil society actors including trade unions, workers organisations and NGOs; other legal or natural persons defending human rights (‘human rights defenders’), including individuals, groups and organs of society that promote and protect universally recognised human rights and fundamental freedoms and labour conventions, indigenous peoples or other vulnerable stakeholders; and (iii) organisations whose statutory purpose is the defence of human rights;
Amendment 113 #
Proposal for a regulation Article 2 – paragraph 1 – point u b (new) (ub) ‘affected stakeholders’ means the company’s employees, the employees of its subsidiaries, employees within its supply chain and other relevant individuals, groups, communities or entities whose rights or vested interests are or could be directly affected by the potential and actual impacts connected to the use of forced labour in the supply chain for the company’s products;
Amendment 114 #
Proposal for a regulation Article 4 – paragraph 1 – introductory part 1. Competent authorities shall follow
Amendment 115 #
Proposal for a regulation 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
Amendment 116 #
Proposal for a regulation 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
Amendment 117 #
Proposal for a regulation 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 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 118 #
Proposal for a regulation Article 4 – paragraph 3 – point d a (new) (da) evidence of remediation of forced labour.
Amendment 119 #
Proposal for a regulation Article 4 – paragraph 6 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 supply chain, adopts and carries out measures suitable and effective for remediating and bringing to an end forced labour in a short period of time.
Amendment 120 #
Proposal for a regulation Article 4 – paragraph 7 7. Competent authorities shall not initiate an investigation pursuant to Article 5, and shall inform the economic operators under assessment accordingly, where, on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to
Amendment 121 #
Proposal for a regulation Article 5 – paragraph 3 – introductory part 3. Where requested to do so by competent authorities, economic operators under investigation shall submit to those competent authorities any information 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 order to protect all affected stakeholders and due to the sensitive nature of some of the information disclosed, the content of the investigation shall be treated as confidential where appropriate. In requesting such information, competent authorities shall to the extent possible:
Amendment 122 #
Proposal for a regulation Article 5 – paragraph 3 – point a (a)
Amendment 123 #
Proposal for a regulation Article 5 – paragraph 3 – point a (a) prioritise the economic operators under investigation involved in the steps of the
Amendment 124 #
Proposal for a regulation Article 5 – paragraph 3 – point b Amendment 125 #
Proposal for a regulation Article 5 – paragraph 3 – point b (b) take into account the size and economic resources of the economic operators, the quantity of products concerned,
Amendment 126 #
Proposal for a regulation Article 5 – paragraph 3 a (new) 3a. Competent authorities shall ensure the interactive, responsive and ongoing process of meaningful engagement of relevant stakeholders, including by inviting them to submit any information that is relevant and necessary for the investigation.
Amendment 127 #
Proposal for a regulation Article 5 – paragraph 4 4. Economic operators and relevant stakeholders 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.
Amendment 128 #
Proposal for a regulation Article 5 – paragraph 5 5.
Amendment 129 #
Proposal for a regulation Article 5 – paragraph 6 6. Competent authorities may carry out all necessary checks and inspections including investigations in third countries
Amendment 130 #
Proposal for a regulation Article 5 – paragraph 6 6. Competent authorities may carry out all necessary checks and inspections including investigations
Amendment 131 #
Proposal for a regulation Article 6 – paragraph 4 – point c a (new) (ca) an order for the economic operator to provide remediation to affected workers according to their individual responsibilities as identified under Article 5(3). The remediation plan and its implementation strategy shall be agreed upon between competent authorities, upon meaningful consultation of affected workers and stakeholders.
Amendment 132 #
Proposal for a regulation Article 6 – paragraph 4 – point c a (new) (ca) an order for the economic operator to provide remediation to affected workers according to their individual responsibilities. The remediation plan and its implementation strategy shall be agreed upon between competent authorities, upon meaningful consultation of affected workers, trade unions and relevant stakeholders.
Amendment 133 #
6. Where economic operators provide evidence to the competent authorities that they have complied with the decision referred to in paragraph 4,
Amendment 134 #
Proposal for a regulation Article 6 – paragraph 6 6. Where economic operators provide evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they have provided remedy in accordance with Article 6a and eliminated forced labour from their operations or supply chain with respect to the products concerned, and that sustainable and effective processes have been put in place to prevent harms from continuing or taking place again in the future, the competent authorities shall withdraw their decision
Amendment 135 #
Proposal for a regulation Article 6 – paragraph 6 – subparagraph 1 a (new) At the exception of situations of State- imposed forced labour, the obligation to eliminate forced labour cannot be fulfilled by simply disengaging from their operators. Pursuing prevention, minimisation and remediation efforts where appropriate, shall be sought if there is reasonable expectation that these efforts are to succeed in accordance with a joint time-bound plan.
Amendment 136 #
Proposal for a regulation Article 6 – paragraph 6 – subparagraph 1 b (new) Termination of the business relationship with respect to the activities concerned shall only be considered if the potential adverse impact is severe and repeated prevention and mitigation attempts did not lead to meaningful action by the partner in question, or when ceasing the impact is impossible, in particular due to a state- imposed nature. Economic operators shall engage meaningfully with stakeholders impacted by the decision especially affected workers - to disengage before reaching this decision, and shall address the adverse impacts related to the decision to disengage and pursue remediation of past adverse impacts where appropriate.
Amendment 137 #
Proposal for a regulation Article 6 a (new) Article 6a Evidence of remediation measures shall include evidence of the following: (a) financial and non-financial compensation, including payment of all due wages and compensation for moral and material damages based on the duration and extent of the forced labour, and any harms suffered; (b) restitution for the victims, to restore their position before the forced labour took place, including relevant arrangements for restoring, renewing and/or obtaining relevant documents such as visas and work permits, and returning their passport and any other personal documents; (c) rehabilitation, for example, provision of treatment or counselling; (d) effective preventative measures and guarantees of non-reoccurrence of forced labour; and where it is accompanied by one or more of the above measures, apologies; (e) other remediation measures as agreed upon by affected workers and stakeholders and the economic operators; Evidence that remediation measures have been correctly implemented shall be obtained in consultation of the affected workers and stakeholders and their representatives.
Amendment 138 #
Proposal for a regulation Article 7 – paragraph 1 – point b (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 Commission or competent authority shall where relevant take into account the economic operator’s
Amendment 139 #
Proposal for a regulation Article 8 – paragraph 5 5. Economic operators and third parties that have been affected by a decision of a competent authority pursuant to this Regulation shall have access to a court to review the procedural and substantive legality of the decision.
Amendment 140 #
Proposal for a regulation Article 9 – paragraph 2 2. The Commission shall make available the decisions, and the withdrawals referred to in the paragraph 1, points (c), (d), (e) and (g) on a dedicated website which is publicly accessible and includes a list of all sanctioned products, production sites or regions.
Amendment 141 #
Proposal for a regulation Article 10 – title Amendment 142 #
Proposal for a regulation Article 10 – paragraph 1 1.
Amendment 143 #
Proposal for a regulation Article 10 – paragraph 1 1.
Amendment 144 #
1. The Commission shall establish a centralised complaint mechanism for receiving complaints. Submissions of information by any natural or legal person or any association not having legal personality,
Amendment 145 #
Proposal for a regulation Article 10 – paragraph 1 1. Submissions of information by any
Amendment 146 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 a (new) Complaints may be lodged anonymously and confidentially. The Commission and competent authorities shall ensure that all mechanisms through which workers who are victims or witness forced labour may lodge complaints and participate in relevant proceedings, allow them to do so without fearing retaliation of any sort, to enforce their rights and prerogatives, in particular their right to remediation under Article 10a of this Regulation and, when applicable, other EU legislation, without prejudice to Directive 2004/81/EC, Directive 2009/52/EC, Directive 2011/36/EU and Directive 2012/29/EU. These rights shall not be made conditional on the affected workers’ residence status, or on their citizenship or nationality.
Amendment 147 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 a (new) Complaints may be lodged anonymously. The Commission and competent authorities shall ensure that all mechanisms through which workers who are victims or witness forced labour may lodge complaints and participate in relevant proceedings, allow them to do so without fearing retaliation of any sort, to enforce their rights and prerogatives, in particular their right to remediation under Article 6a of this Regulation and, when applicable, other EU legislation, without prejudice to Directive 2004/81/EC, Directive 2009/52/EC, Directive 2011/36/EU and Directive 2012/29/EU. These rights shall not be made conditional on the affected workers’ residence status, or on their citizenship or nationality.
Amendment 148 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 b (new) The Commission shall determine the rules and procedure to assign complaints to the competent authorities. These rules shall take into account the specifics of the complaint, the domicile of the economic operator and the capacities of the competent authorities in concerned Member States. The Commission may retain the power to investigate, in particular when multiple Member States are involved, investigations in third countries are needed and when related to state-imposed forced labour and when the investigation concerns a supply chain present in more than one Member State.
Amendment 149 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 b (new) The Commission shall determine the rules and procedure to assign complaints to the competent authorities. These rules shall take into account the specifics of the complaint, the domicile of the economic operator and the capacities of the competent authorities in concerned Member States. The Commission may retain the power to investigate, in particular when multiple Member States are involved, investigations in third countries are needed and when related to state-imposed forced labour and when the investigation concerns a supply chain present in more than one Member State.
Amendment 150 #
Proposal for a regulation Article 10 – paragraph 2 2. The competent authority shall, as soon as possible, inform the
Amendment 151 #
Proposal for a regulation Article 10 – paragraph 2 2. The competent authority shall, as soon as possible, inform the
Amendment 152 #
Proposal for a regulation Article 10 – paragraph 2 2. The competent authority shall,
Amendment 153 #
Proposal for a regulation Article 10 – paragraph 3 3. Directive (EU) 2019/1937 of the European Parliament and of the Council39 shall apply to the reporting of all breaches of this Regulation and the protection of persons reporting such breaches. Member States and the Commission shall ensure that the identity of the person reporting complaints, providing evidence, and of any individuals who are potentially being subjected to forced labour in terms of the complaint or investigation, is not disclosed to anyone beyond the authorised staff members without the explicit consent of the person. This shall also apply to any other information from which the identity of the reporting person may be directly or indirectly deduced. __________________ 39 Directive (EU) 2019/1937 of the
Amendment 154 #
Proposal for a regulation Article 10 – paragraph 3 3. Directive (EU) 2019/1937 of the European Parliament and of the Council39 shall apply to the reporting of all breaches of this Regulation and the protection of
Amendment 155 #
Proposal for a regulation Article 10 a (new) Article 10a Remediation 1. Member States shall ensure access to remedy and effective remediation to victims whenever violations of Article 3 fall under the scope of their territory and/or jurisdiction. 2. Once it is launched under Article 5, an investigation shall also determine, in consultation with relevant stakeholders such as trade unions and non- governmental organisations, the appropriate remediation, prevention of future reoccurrence and mitigation measures. 3. Evidence of remediation shall be provided to the competent authority and to the Network, and it shall go beyond information provided by social audits and certification bodies. 4. Evidence of remediation measures shall include evidence of one or more of the following: (a) financial and non-financial compensation, including compensation based on the duration and extent of the forced labour, and any harms suffered; (b) restitution for the victims to restore their position before the forced labour took place, for example by returning their passport; (c) rehabilitation, for example by provision of treatment or counselling; (d) effective preventive measures and guarantees of non-reoccurrence of forced labour; and where it is accompanied by one or more of the above measures, apologies. 5. Competent authorities may lift the market prohibition once the economic operator proves that the forced labour has been remediated and that forced labour is no longer present and that processes have been put in place to prevent harms from continuing or taking place again in the future. Competent authorities shall inform the Network of such steps and outcome and the database under Article 11 shall be adapted accordingly without delay. 6. Competent authorities and the Network shall engage with relevant stakeholders, including persons that have been or are at risk of being subjected to forced labour and their representatives, prior to lifting any prohibition.
Amendment 156 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas or sectors or with respect to specific products and services 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, and from trade unions, civil society organisations, human rights defenders, and labour and work cooperatives. The customs authorities’ data such as origin, places of storage and transportation points of the products entering or leaving the Union market are crucial risk indicators. Such data shall be freely accessible to the public by means of the database. That database shall include a list of the specific geographical high-risk regions or countries where forced labour practices are systematic and widespread.
Amendment 157 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall call upon external expertise, with special regard to human rights expertise, to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific production sites or groups of production sites, specific economic operator, specific cargo ship or fleet, geographic areas 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, relevant stakeholders, international organisations, including the ILO and International Trade Union Confederation (ITUC) and third country authorities.
Amendment 158 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas or with respect to specific products including with regard to forced labour imposed by state authorities. The database shall be based on verifiable information and the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others,
Amendment 159 #
Proposal for a regulation Article 11 – paragraph 1 – subparagraph 1 a (new) The Commission, after consultation with competent authorities and other stakeholders, shall be empowered to declare a presumption of forced labour for products or groups of products, from specified countries or regions where there is reasonable suspicion of wide-spread forced labour, including state-imposed forced labour, in an entire product group in a specific industry, as well as production sites or groups of production sites included in the database. This decision shall be encoded in the same database as a risk database area. In those specific areas, the economic operators shall prove their value chains are free from forced labour before their products may enter, move across or leave the Union market.
Amendment 160 #
Proposal for a regulation Article 11 – paragraph 1 a (new) 1a. The products referred to in paragraph 1 or coming from areas referred to in paragraph 1 shall be presumed to be in violation of Article 3 and shall therefore be automatically subject to an investigation in accordance with Article 5. Economic operators have the burden to disproof such presumption.
Amendment 161 #
Proposal for a regulation Article 11 – paragraph 1 a (new) Amendment 162 #
Proposal for a regulation Article 11 – paragraph 2 2. The Commission shall ensure that the database is made publicly available and easily accessible to all by the external expertise
Amendment 163 #
Proposal for a regulation Article 11 – paragraph 2 2. The Commission shall ensure that the database is
Amendment 164 #
Proposal for a regulation 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 12
Amendment 165 #
Proposal for a regulation Article 11 – paragraph 3 a (new) 3a. A public digital traceability system shall be put in place by the Commission to enable mapping and tracing of products’ supply chains and information exchange regarding the manufacture and transport of products and in order to facilitate the accessibility of the information for competent authorities to implement this Regulation. Member States shall require economic operators to publish on this digital system information relevant to the presence of forced labour, including location and type of production, relating to the operator’s own operations, subsidiaries, suppliers, sub-suppliers, contractors, and business partners in the whole supply chain, within the bounds of commercial confidentiality, privacy, and competition law. Economic operators and importers shall be required to input the relevant information and data in the format that is compatible with this digital system, as set out in implementing legislation. Member States shall ensure that data from their competent authorities are fed into the system on a continuous basis and ensure that such information is up to date.
Amendment 166 #
Proposal for a regulation Article 12 – paragraph 4 4. The Commission shall make the list of the designated competent authorities and of the Central Complain Mechanism publicly available on its website and shall regularly update that list, based on the updates received from Member States.
Amendment 167 #
Proposal for a regulation 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 168 #
Proposal for a regulation Article 13 – paragraph 2 2.
Amendment 169 #
Proposal for a regulation Article 14 – paragraph 1 1. Decisions taken by the Commission or a competent authority in one Member State shall be recognised and enforced by competent authorities in the other Member States in so far as they relate to products
Amendment 170 #
Proposal for a regulation Article 16 – paragraph 2 2. Customs authorities shall be provided with information identifying the product, information about the manufacturer, transporter, storage company, importer or the producer and information about the product suppliers as regards products entering or leaving the Union market that have been identified by the Commission pursuant to paragraph 1, unless the provision of such information is already required pursuant to customs legislation referred to in Article 5(2) of Regulation (EU) No 952/2013.
Amendment 171 #
Proposal for a regulation Article 20 – paragraph 1 Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is disposed of in accordance with national law consistent with Union law
Amendment 172 #
Proposal for a regulation Article 20 a (new) Article 20a Remediation Remediation for affected workers shall be provided by the economic operator. Evidence of remediation measures shall be transparent and include evidence of the following: (a) financial and non-financial compensation, including payment of all due wages and compensation for moral and material damages based on the duration and extent of the forced labour, and any harms suffered; (b) restitution for the victims, to restore their position before the forced labour took place, including relevant arrangements for restoring, renewing and/or obtaining relevant documents such as visas and work permits, and returning their passport and any other personal documents; (c) rehabilitation, for example, provision of treatment or counselling; (d) effective preventative measures and guarantees of non-reoccurrence of forced labour; and where it is accompanied by one or more of the above measures, apologies; (e) other remediation measures as agreed upon by affected workers, trade unions, relevant stakeholders and the economic operators. Evidence that remediation measures have been correctly implemented shall be obtained in consultation of the affected workers and stakeholders and their representatives and monitored by the Union Network Against Forced Labour Products.
Amendment 173 #
Proposal for a regulation Article 22 – paragraph 1 1. For the purposes of Chapters II and III, competent authorities shall use the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020. The Commission, competent authorities and customs authorities as well as consumers shall have access to that system for the purposes of this Regulation.
Amendment 174 #
Proposal for a regulation Article 23 – paragraph 1 – introductory part The Commission shall issue guidelines no later than
Amendment 175 #
Proposal for a regulation Article 23 – paragraph 1 – point a (a) guidance on due diligence in
Amendment 176 #
Proposal for a regulation Article 23 – paragraph 1 – point a (a) guidance on due diligence in relation to forced labour, including forced child 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 and existing collaborative multi-stakeholders experiences, as well as the size and economic resources of economic operators;
Amendment 177 #
Proposal for a regulation Article 23 – paragraph 1 – point b (b) information on risk indicators of forced labour, which shall be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, including the ‘Hard to See, Harder to Count’ guidance, civil society, business organisations, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;
Amendment 178 #
Proposal for a regulation Article 23 – paragraph 1 – point e (e) guidance for the practical implementation of Article 16 and, where appropriate, any other provision laid down in Chapter III of this Regulation. The guidance shall include provisions on the identification and evaluation of risks of forced labour in commodities sourced by economic operators through a mass balance approach in order to avoid negative impacts on economic actors not involved in forced labour whose products are part of mass balance sourcing.
Amendment 179 #
Proposal for a regulation Article 23 – paragraph 1 – point e a (new) (ea) guidance on remediation measures, which shall refer to remediation measures that include for example financial and non-financial compensation, restitution, rehabilitation, effective preventive measures and guarantees of non-recurrence of forced labour and apologies;
Amendment 180 #
Proposal for a regulation Article 23 – paragraph 1 – point e a (new) (ea) guidance in the areas of prevention, protection of victims and ensuring their access to justice and remedies, enforcement and international cooperation;
Amendment 181 #
Proposal for a regulation Article 23 – paragraph 1 – point e a (new) (ea) guidelines to set up an economic mapping process;
Amendment 182 #
Proposal for a regulation Article 23 – paragraph 1 – point e a (new) (ea) guidelines to set up an economic mapping process;
Amendment 183 #
Proposal for a regulation Article 23 – paragraph 1 – point e b (new) (eb) guidance for the stakeholders to file a complaint, as well as participate and meaningfully engage in the procedures set out in this Regulation;
Amendment 184 #
Proposal for a regulation Article 23 – paragraph 1 – point e b (new) (eb) guidance for stakeholders to file a complaint and participate in relevant proceedings;
Amendment 185 #
Proposal for a regulation Article 23 – paragraph 1 – point e b (new) (eb) guidance for stakeholders to file a complaint and participate in relevant proceedings;
Amendment 186 #
Proposal for a regulation Article 23 – paragraph 1 – point e c (new) (ec) guidance on remediation measures;
Amendment 187 #
Proposal for a regulation Article 23 – paragraph 1 – point e c (new) (ec) guidance on requirements that economic operators need to adhere to in order to prove that they have eliminated forced labour from their supply chains and corrective actions adopted to prevent future abuses;
Amendment 188 #
Proposal for a regulation Article 23 – paragraph 1 – point e d (new) (ed) guidance on meaningful stakeholder engagement;
Amendment 189 #
Proposal for a regulation Article 23 – paragraph 1 a (new) The guidelines shall be consistent with relevant Union legislation, including the Directive on Corporate Sustainability Due Diligence and the Regulation on Deforestation-free products.
Amendment 190 #
Proposal for a regulation Article 24 – paragraph 1 1. A Union Network Against Forced Labour Products (‘the Network’) is established. The Network shall serve as a
Amendment 191 #
Proposal for a regulation 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 192 #
Proposal for a regulation Article 24 – paragraph 2 2. The Network shall be composed of representatives from each Member States’ competent authority, representatives from
Amendment 193 #
Proposal for a regulation Article 24 – paragraph 3 – point d (d) contribute to the development of guidance to ensure the effective and uniform application of this Regulation, as well as coordinate dissemination efforts in and outside the EU;
Amendment 194 #
Proposal for a regulation Article 24 – paragraph 3 – point e a (new) (ea) provide systematic information and recommendations to the Commission and the European External Action Service in case of detection of forced labour practices, involve the Union delegations, particularly in the specific geographical high-risk regions or countries where forced labour practices are systematic and widespread as listed in the database under Article 11, and monitor measures taken to support the implementation of this Regulation by addressing the root causes of forced labour;
Amendment 195 #
Proposal for a regulation Article 24 – paragraph 3 – point f a (new) (fa) promote the cooperation and exchange of expertise and best practices with third countries and/or international entities;
Amendment 196 #
Proposal for a regulation Article 24 – paragraph 3 – point f a (new) (fa) promote collaboration and exchange with relevant existing multi- stakeholders’ collaborative initiatives;
Amendment 197 #
Proposal for a regulation Article 24 – paragraph 3 – point f a (new) (f a) monitor remediation measures;
Amendment 198 #
Proposal for a regulation Article 24 – paragraph 3 – point f b (new) (fb) setting up mechanisms for continuous engagement with third countries, as to support implementation of regulation by addressing root causes of forced labour;
Amendment 199 #
Proposal for a regulation Article 25 – paragraph 2 2.
Amendment 200 #
Proposal for a regulation Article 25 – paragraph 2 2.
Amendment 201 #
Proposal for a regulation Article 26 – paragraph 1 1. In order to facilitate effective implementation and enforcement of this Regulation and to jointly work on tackling forced labour and its root causes, the Commission
Amendment 202 #
Proposal for a regulation Article 26 – paragraph 1 1. In order to facilitate effective implementation and enforcement of this Regulation and to jointly work on eradicating the root causes of forced labour, the Commission
Amendment 203 #
Proposal for a regulation Article 26 – paragraph 1 1. In order to facilitate effective implementation and enforcement of this Regulation and to jointly work on tackling the root causes and forced labour itself, the Commission
Amendment 204 #
Proposal for a regulation Article 26 – paragraph 1 1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission
Amendment 205 #
Proposal for a regulation 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) 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 207 #
Proposal for a regulation Article 26 – paragraph 2 2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, civil society representatives, business organisations and competent authorities of third countries
Amendment 208 #
Proposal for a regulation Article 26 – paragraph 2 2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, relevant stakeholders, civil society representatives, business organisations and competent authorities of third countries
Amendment 209 #
Proposal for a regulation Article 26 – paragraph 2 – subparagraph 1 a (new) The Commission and Member States shall develop cooperation and partnership mechanisms with third countries to address the root causes of forced labour, and build the capacity of upstream economic actors to respond to the requirements under this Regulation.
Amendment 210 #
Proposal for a regulation Article 26 – paragraph 2 – subparagraph 1 b (new) The competent authorities and the Commission shall also cooperate with relevant authorities of third countries to carry out investigations, as well as coordinate when it is relevant with investigations made by other countries and align with decisions made by other international entities. Member States’ competent authorities and the Commission shall actively exchange knowledge and intelligence with third- country governments.
Amendment 211 #
Proposal for a regulation Article 26 – paragraph 2 a (new) 2a. 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 this Regulation.
Amendment 212 #
Proposal for a regulation Article 26 – paragraph 2 a (new) 2a. The Commission and Member States shall develop cooperation and partnership mechanisms with third countries to address the root causes of forced labour, and build the capacity of upstream economic actors to respond to the requirements under this regulation. The competent authorities and the Commission shall cooperate with relevant authorities of third countries to carry out investigations, as well as coordinate when it is relevant with investigations made by other countries and align with decisions made by other international entities. Member States’ competent authorities and the Commission shall actively exchange knowledge and intelligence with third country governments. In case of a violation of Article 3 of this Regulation, the Council shall impose sanctions through the EU Global Human Rights Sanctions Regime or impose country-based sanctions regimes. The Council shall also adopt conclusions outlining strategies of the Union and the Member States to promote bilateral and multilateral coordination with third countries and other diplomatic initiatives to address state-sponsored forced labour, up to and including the recourse to sanctions towards third countries that promote forced labour, in line with ILO Convention No. 105.
Amendment 213 #
Proposal for a regulation Article 26 – paragraph 2 b (new) Amendment 214 #
Proposal for a regulation Article 26 – paragraph 2 c (new) 2c. 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 trade union rights and by taking measures to enable partner countries in collaboration with civil society organisations and relevant stakeholders to effectively prevent, minimise, remediate to and eradicate forced labour.
Amendment 215 #
Proposal for a regulation Article 26 – paragraph 2 d (new) 2d. In order to enable continuous engagement with the value chain business partner instead of termination of business relations (disengagement) and possibly causing adverse impacts, the competent authorities and the economic operators in cooperation with third countries shall ensure that disengagement is a last-resort action, in line with the Union’s policy of zero-tolerance on child labour and forced labour. Disengagement shall be avoided where the impact of disengagement would be greater than the adverse impact of forced labour. In situations of state- imposed forced labour, where the adverse impact is systemic and organised by political authorities, unhindered engagement with those adversely impacted and mitigation are not possible. Competent authorities and economic operators shall ensure the termination of business relationships where state- imposed forced labour is systemic occurring.
Amendment 216 #
Proposal for a regulation 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.
Amendment 217 #
Proposal for a regulation Article 30 – paragraph 2 2. The penalties
Amendment 39 #
Proposal for a regulation 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 and stands in the way of the achievement of decent work for all. 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 supported by the Forced Labour (Supplementary Measures) Recommendation (No. 203) 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 any person
Amendment 40 #
Proposal for a regulation 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
Amendment 41 #
Proposal for a regulation 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
Amendment 42 #
Proposal for a regulation Recital 2 (2) The use of forced labour is widespread in the world. It is estimated that about 27.6 million people, including 3.3 million children and 11.8 million women and girls, were in forced labour in 2021.18 Vulnerable and marginalised groups in a society
Amendment 43 #
Proposal for a regulation 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, such as women, children, migrants (in particular if they are undocumented or with a precarious status or in the informal economy), ethnic minorities, lower castes, indigenous and tribal peoples, 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.
Amendment 44 #
Proposal for a regulation 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
Amendment 45 #
Proposal for a regulation Recital 2 a (new) (2a) The ILO forced labour instruments, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children and the Global Compact for Migration, together make clear that trafficking in persons for the purpose of forced labour cannot be eliminated through criminal law enforcement alone. Rather, a broad multidisciplinary approach is needed that is grounded in adherence to human rights, encompassing the need for effective gender- and age-responsive measures. Such measures, along with criminal justice responses, should focus on preventing and addressing the root causes of forced labour and on ensuring protection and remedies for the people already affected by it.
Amendment 46 #
Proposal for a regulation 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 47 #
Proposal for a regulation Recital 3 (3) The prohibition of the use of forced or compulsory labour in all its forms is considered as a peremptory norm of international law on human rights. It is of an absolutely binding nature from which no exception is permitted. The eradication of forced labour is therefore 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. Article 5
Amendment 48 #
Proposal for a regulation 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 international relations, the Union should uphold and promote its values and contribute to the protection of human rights. Article 5
Amendment 49 #
Proposal for a regulation 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
Amendment 50 #
Proposal for a regulation Recital 3 a (new) (3a) Article 31 of the Charter of Fundamental Rights of the European Union recognises the right for every worker to fair and just working conditions which respect his or her health, safety and dignity.
Amendment 51 #
Proposal for a regulation Recital 4 (4) All Member States have ratified the fundamental ILO Conventions on forced labour and child labour.20
Amendment 52 #
Proposal for a regulation Recital 4 (4) More than 3.3 million children are estimated to be in situation of forced labour, over half of which are in commercial sexual exploitation, and children account for about 12 % of all those in forced labour, although the numbers could be much higher. All Member States have ratified the fundamental ILO Conventions on forced labour and child labour.20 They are therefore legally obliged to prevent and eliminate the use of forced labour and to report regularly to the ILO. __________________ 20
Amendment 53 #
Proposal for a regulation Recital 4 a (new) Amendment 54 #
Proposal for a regulation Recital 4 b (new) (4b) In line with international standards, while achieving the intention of this Regulation, the potential impact of this Regulation on victims should be taken into account. Terminating a business relationship in which child labour or forced labour was found could expose to even more severe adverse human rights impacts. In the same line, women in precarious labour conditions and forced labour could face more severe adverse human rights impacts thus increasing their vulnerability. This should therefore be taken into account when deciding on the appropriate action to take.
Amendment 55 #
Proposal for a regulation Recital 5 (5) Through its policies and legislative initiatives the Union seeks to eradicate
Amendment 56 #
Proposal for a regulation 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
Amendment 57 #
Proposal for a regulation 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 58 #
Proposal for a regulation Recital 6 (6)
Amendment 59 #
Proposal for a regulation Recital 7 (7) The Anti-trafficking Directive (Directive 2011/36/EU) of the European Parliament and of the Council21 (the Anti- trafficking Directive) harmonises the definition of trafficking in human beings, including forced labour or services, and establishes minimum penalties. Any rules laid down concerning the prohibition of placing and making available on the Union market domestic or imported products made with forced labour, or exporting such products, and the obligation to ensure that such products are withdrawn from the Union market (‘the prohibition’), should be without prejudice to that Directive, and in particular to the competence of law enforcement and judicial authorities to
Amendment 60 #
Proposal for a regulation Recital 12 (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. Through its decent work agenda, the Union commits to address forced labour and to promote decent work and labour rights including in global supply chain. As stated in the Commission’s Communication, 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. __________________ 29 Communication 23 March 2022 from the
Amendment 61 #
Proposal for a regulation Recital 12 a (new) (12a) 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 Union as enshrined in the EU Action Plan on Human Rights and Democracy 2020-2024.
Amendment 62 #
Proposal for a regulation Recital 13 (13) The European Parliament in its resolutions strongly condemned forced labour and called for a ban on products made with forced labour
Amendment 63 #
Proposal for a regulation Recital 13 a (new) (13a) The European Parliament in its resolution of 9 June 2022 on ‘A new trade instrument to ban products made by forced labour’ explicitly called for remediation measures that would allow access to remedy for potential victims of forced labour and, in particular, to provide remediation to the affected workers prior to import restrictions being lifted.
Amendment 64 #
Proposal for a regulation Recital 13 b (new) (13b) In accordance with the 2014 Protocol to the Convention No. 29, Member States should take effective measures for the identification, release, protection, recovery and rehabilitation of all victims of forced or compulsory labour, as well as the provision of other forms of assistance and support.
Amendment 65 #
Proposal for a regulation Recital 16 (16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, harvest and extraction, including working or processing related to the products, as well as the services related to the shipping and transport towards and within the Union. The prohibition should apply to all products, of any type, including their components, and should apply to products regardless of the sector, the origin, whether they are domestic or imported, or placed or made available on
Amendment 66 #
Proposal for a regulation Recital 16 (16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, transport or storage, harvest and extraction, including working or processing related to the products. The prohibition should apply to all products, of any type, including their components, and should apply to products regardless of the sector, the origin, whether they are domestic or imported, or placed or made available on the Union market or exported.
Amendment 67 #
Proposal for a regulation 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
Amendment 68 #
Proposal for a regulation 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. In addition, the Commission should issue guidelines on forced-labour risk indicators and on publicly available information 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 this Regulation.
Amendment 69 #
Proposal for a regulation 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 70 #
Proposal for a regulation Recital 20 (20) In order to increase the effectiveness of the prohibition, competent authorities should grant reasonable time to economic operators to identify, mitigate, prevent, remediate and bring to an end the risk of forced labour.
Amendment 71 #
Proposal for a regulation Recital 21 (21) When identifying potential violations of the prohibition, the Commission and competent
Amendment 72 #
Proposal for a regulation 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
Amendment 73 #
Proposal for a regulation Recital 22 (22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent, remediate or bring to an end risks of forced labour in their operations and value 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 value chains. Appropriate due diligence means that forced labour issues in the value chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, 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 74 #
Proposal for a regulation Recital 24 (24) During the preliminary phase of investigation, competent authorities should focus on the economic operators involved in the steps of the
Amendment 75 #
Proposal for a regulation 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
Amendment 76 #
Proposal for a regulation Recital 25 (25) Competent authorities, when requesting information during the investigation, should
Amendment 77 #
Proposal for a regulation Recital 26 (26)
Amendment 78 #
Proposal for a regulation Recital 26 (26)
Amendment 79 #
Proposal for a regulation Recital 27 (27)
Amendment 80 #
Proposal for a regulation Recital 32 (32) The Commission should establish a centralised mechanism to receive complaints. Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information or a complaint to the competent authorities when it considers that products made with forced labour are placed and made available on the Union market and to be informed of the outcome of the assessment of their submission. Measures should be taken to protect stakeholders, including those from third countries, and avoid any reprisals by ensuring their confidentiality and anonymity.
Amendment 81 #
Proposal for a regulation Recital 32 (32) Any
Amendment 82 #
Proposal for a regulation 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 83 #
Proposal for a regulation 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 84 #
Proposal for a regulation Recital 33 (33) The Commission should 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, including specific requirements that economic operators need to adhere to in order to prove that they have eliminated forced labour from their supply chains and corrective actions adopted to prevent future abuses, 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 85 #
Proposal for a regulation Recital 33 (33) The Commission should 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 Commission and 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 such as the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises. 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 86 #
Proposal for a regulation 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 87 #
Proposal for a regulation Recital 42 (42) To ensure effective enforcement decisions taken by the Commission or a competent authority in one Member State should be recognised and enforced by competent authorities in
Amendment 88 #
Proposal for a regulation Recital 44 (44) To ensure effective enforcement of the prohibition, it is necessary to establish a centralised complaint mechanism at Union level as well as 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. 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 helping to strengthen the enforcement of the prohibition.
Amendment 89 #
Proposal for a regulation Recital 45 (45) Since forced labour is a global problem and given the interlinkages of the global
Amendment 90 #
Proposal for a regulation 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 to create enabling policy environments to promote and protect human rights, including time-bound frameworks for action covering legislative measures, capacity building and public funding to support workers, human rights defenders, SMEs, smallholders and local communities in their efforts to root out forced labour from global supply chains and 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.
Amendment 91 #
Proposal for a regulation 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 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
Amendment 92 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation lays down: (a) rules prohibiting economic operators from importing, placing and making available on the Union market or exporting from the Union market products made with forced labour, and (b) rules for remedial obligations for importers and economic operators for instances where forced labour is found.
Amendment 93 #
Proposal for a regulation Article 2 – paragraph 1 – point a (a) ‘forced labour’ means forced or compulsory labour as defined in Article 2 of the Convention on Forced Labour, 1930 (No. 29) of the International Labour Organization, including forced child labour; it includes work and services in the complete value chain, from the raw material to the end products’ distribution, including in the transportation or storage, exacted from any person, under the threat of a penalty, which is not offered voluntarily;
Amendment 94 #
Proposal for a regulation Article 2 – paragraph 1 – point b (b) ‘forced labour imposed by state authorities’ means the use of forced labour as described in Article 1 of the Convention on the Abolition of Forced Labour, 1957 (No. 105) of the International Labour Organization; it includes in particular forced labour imposed: (i) as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system; (ii) as a method of mobilising and using labour for purposes of economic development; (iii) as a means of labour discipline; (iv) as a punishment for having participated in strikes; or (v) as a means of discrimination based on race, social or national origins, religious beliefs, caste, disability, gender or sexual orientation;
Amendment 95 #
Proposal for a regulation Article 2 – paragraph 1 – point b (b) ‘forced labour imposed by state authorities’ means the use of forced labour as described in Article 1 of the Convention on the Abolition of Forced Labour, 1957 (No. 105) of the International Labour Organization, including the punishment for the expression of political views, for the purposes of economic development, as a means of labour discipline, as punishment for participation in strikes, or as a means of racial, religious or other discrimination;
Amendment 96 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement mandatory
Amendment 97 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement mandatory requirements, voluntary guidelines, recommendations or practices to identify, prevent, mitigate or bring to an end the use of forced labour in their operations and value chain with respect to products and services that are to be made available on the Union market, imported or to be exported; any due diligence of the importer or economic operator in the value chain shall only be relevant insofar as it relates to evidence of remediation;
Amendment 98 #
Proposal for a regulation 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 99 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement mandatory requirements, voluntary guidelines, recommendations or practices to identify, prevent, mitigate, remediate 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;
source: 746.976
2023/05/05
EMPL
96 amendments...
Amendment 100 #
Proposal for a regulation Article 11 – paragraph 2 2. The Commission shall
Amendment 101 #
Proposal for a regulation Article 23 – paragraph 1 – introductory part The Commission shall issue guidelines
Amendment 102 #
Proposal for a regulation 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.
Amendment 103 #
Proposal for a regulation Article 24 – title Union Network Against Forced Labour
Amendment 104 #
Proposal for a regulation 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
Amendment 105 #
Proposal for a regulation Article 24 – paragraph 1 1. A Union Network Against Forced Labour Products (‘the Network’) is established. The Network is chaired by the Commission and 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.
Amendment 106 #
Proposal for a regulation Article 24 – paragraph 1 1. A Union Network Against Forced Labour
Amendment 107 #
Proposal for a regulation Article 24 – paragraph 2 2. The Network shall be composed of one representative
Amendment 108 #
Proposal for a regulation Article 24 – paragraph 2 2. The Network shall be composed of representatives from each Member States’ competent authority, representatives from the Commission, the social partners and, where appropriate, experts from the customs authorities, relevant agencies and civil society organisations.
Amendment 109 #
Proposal for a regulation Article 24 – paragraph 2 a (new) 2a. The Commission shall chair the Network and ensure its secretariat. The Network shall invite a representative of the Fundamental Rights Agency (FRA), a representative of the European Labour Authority (ELA) and representatives of EFTA States that are contracting parties to the Agreement on the European Economic Area as observers to its meetings. It may also invite representatives of Union delegations and other Union bodies, representatives of third country authorities, stakeholder organisations and other relevant experts to attend the meetings of the Network.
Amendment 110 #
Proposal for a regulation Article 24 – paragraph 3 – point a (a) facilitate the identification of common priorities for enforcement activities, to exchange information, expertise and best practices, including by involving external actors where applicable, such as social partner organisations or civil society organisations;
Amendment 111 #
Proposal for a regulation Article 24 – paragraph 3 – point a a (new) (aa) set up a contact point for persons, economic operators and other stakeholders, who wish to report suspected violations of Article 3 of this Regulation, and establish follow-up procedures;
Amendment 112 #
(b) conduct joint investigations, inside the European Union as well as in third- countries, in accordance with international law;
Amendment 113 #
Proposal for a regulation Article 24 – paragraph 3 – point c a (new) (ca) improve the knowledge of wide- spread and systematic forced labour and its root causes, including poverty, inequalities, systemic discrimination, lack of social protection and education, disrespect of collective rights and a lack of efficient labour inspections, through studies and research, also in view of expanding the data base referred to in Article 11 of this Regulation;
Amendment 114 #
Proposal for a regulation Article 24 – paragraph 3 – point d (d)
Amendment 115 #
Proposal for a regulation Article 24 – paragraph 3 – point f (f)
Amendment 116 #
Proposal for a regulation Article 24 – paragraph 3 – point f a (new) (fa) promote the cooperation and exchange of expertise and best practices with the competent authorities of third countries, international organisations and other relevant actors and bodies;
Amendment 117 #
Proposal for a regulation Article 24 – paragraph 3 – point f a (new) (fa) coordinate and cooperate with third-country authorities, where applicable.
Amendment 118 #
Proposal for a regulation Article 24 – paragraph 3 – point f b (new) (fb) monitor remediation of forced labour;
Amendment 119 #
Proposal for a regulation Article 24 – paragraph 3 – point f c (new) (fc) monitor the redirection of products, which were refused for release for free circulation or export, to be used in the interest of the public;
Amendment 120 #
Proposal for a regulation Article 24 – paragraph 3 – point f d (new) (fd) provide information and make recommendations regarding forced labour to the Commission and other relevant Union bodies.
Amendment 121 #
Proposal for a regulation Article 24 – paragraph 4 4. The Commission shall support and encourage cooperation between enforcement authorities through the
Amendment 26 #
Proposal for a regulation 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
Amendment 27 #
Proposal for a regulation 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,
Amendment 28 #
Proposal for a regulation 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, contributes to the perpetuation of poverty and stands in the way of the achievement of decent work for all. 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 Conventions16and issued recommendation to prevent, eliminate, and remedy forced labour17b. Forced labour covers a wide variety of coercive labour practices where work
Amendment 29 #
Proposal for a regulation 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
Amendment 30 #
Proposal for a regulation 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
Amendment 31 #
Proposal for a regulation 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.
Amendment 32 #
Proposal for a regulation 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
Amendment 33 #
Proposal for a regulation 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, such as women, children, migrants, undocumented or informal economy workers, indigenous peoples, are particularly susceptible to be pressured into performing forced labour. Even when it is not state imposed, forced labour is
Amendment 34 #
Proposal for a regulation 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
Amendment 35 #
Proposal for a regulation Recital 2 a (new) Amendment 36 #
Proposal for a regulation Recital 2 a (new) (2a) 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 and a demonstration of a state's failure to handle this type of economic operators.
Amendment 37 #
Proposal for a regulation Recital 2 b (new) Amendment 38 #
Proposal for a regulation Recital 2 c (new) Amendment 39 #
Proposal for a regulation 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
Amendment 40 #
Proposal for a regulation Recital 3 (3) The eradication of forced labour is a priority for the Union. Respect for human dignity and the universality and
Amendment 41 #
Proposal for a regulation 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. Article 5
Amendment 42 #
Proposal for a regulation Recital 3 (3) The European Union is a global leader on responsible business conduct and business and human rights. 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. 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
Amendment 43 #
Proposal for a regulation Recital 4 (4) All Member States have ratified the fundamental ILO Conventions on forced labour and child labour.20They are therefore legally obliged to prevent and eliminate the use of forced labour and to report regularly to the ILO. However, several Member States have not ratified the Protocol to ILO Convention no. 29 as called for in Council Decision (EU) 2015/2071 in regards to criminal matters and in Council Decision (EU) 2015/2037 in regards to social policy. For the purpose of this Regulation, which seeks to prevent and eliminate forced labour, those Member States should ratify and implement the Protocol without further delay. _________________ 20
Amendment 44 #
Proposal for a regulation Recital 4 (4) All Member States have ratified the original fundamental ILO Conventions on forced labour and child labour.20They are therefore legally obliged to prevent and eliminate the use of forced labour and to report regularly to the ILO, while some Member States have not yet ratified the 2014 Protocol to Convention No. 29, which guarantees victims protection and access to appropriate and effective remedies, such as compensation. According to the ILO, remediation remains one of the key policy priorities for addressing forced labour21a. _________________ 20
Amendment 45 #
Proposal for a regulation Recital 4 (4) All Member States have ratified the fundamental ILO Conventions on forced labour and child labour.20They are therefore legally obliged to prevent and eliminate the use of forced labour and to report regularly to the ILO. Nevertheless, the ILO estimates that there are 880 000 forced labour victims in the EU - in addition to the forced labour involved inter alia in the EU’s imports from the rest of the world.20a _________________ 20
Amendment 46 #
Proposal for a regulation 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
Amendment 47 #
Proposal for a regulation Recital 5 (5) Through its policies and legislative initiatives the Union seeks to eradicate the use of forced labour. It is inherently linked to the promotion of decent working conditions, such as the right to organise and take collective action, social dialogue, freedom of association, collective bargaining, sustainable business conduct and social protection. 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 neither in the value chains of undertakings established
Amendment 48 #
Proposal for a regulation Recital 5 (5) Through its policies and legislative initiatives the Union
Amendment 49 #
Proposal for a regulation 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 value chains of undertakings established in the Union. Moreover, the Union is committed to the right of freedom of association, social dialogue, including collective bargaining, which are indispensable instruments in preventing and eliminating abusive practices, including forced labour.
Amendment 50 #
Proposal for a regulation 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 51 #
Proposal for a regulation Recital 17 (17) The
Amendment 52 #
Proposal for a regulation 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
Amendment 53 #
Proposal for a regulation Recital 17 (17) The prohibition of products and services for which forced labour has been used should contribute to the international efforts to abolish forced labour. 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
Amendment 54 #
Proposal for a regulation 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) (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 56 #
Proposal for a regulation 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
Amendment 57 #
Proposal for a regulation Recital 24 (24) During the preliminary phase of investigation, competent authorities should focus on the economic operators involved in the steps of the
Amendment 58 #
Proposal for a regulation 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
Amendment 59 #
Proposal for a regulation Article 2 – paragraph 1 – point a (a) ‘forced labour’ means
Amendment 60 #
Proposal for a regulation Article 2 – paragraph 1 – point b (b) ‘forced labour imposed by state authorities’ means the use of forced labour: - as
Amendment 61 #
(b) ‘forced labour imposed by state authorities’ means the use of forced labour as described in Article 1 of the Convention on the Abolition of Forced Labour, 1957 (No. 105) of the International Labour Organization; it includes the punishment for the expression of political views, for the purposes of economic development, as a means of labour discipline, as punishment for participation in strikes, or as a means of racial, religious or other discrimination;
Amendment 62 #
Proposal for a regulation 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 63 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) ‘due diligence in relation to forced labour’ means the efforts by economic operators to identify and assess risks in their supply chains and prevent and address those risks by implementing mandatory requirements
Amendment 64 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement mandatory requirements, voluntary guidelines, recommendations or practices to identify, prevent, mitigate or bring to an end the use of forced labour in their operations and value chain with respect to products and services that are to be made available on the Union
Amendment 65 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) ‘due diligence in relation to forced labour’ means the efforts by an economic operator to i
Amendment 66 #
Proposal for a regulation Article 2 – paragraph 1 – point c a (new) (ca) ‘vulnerable stakeholders’ means affected stakeholders that find themselves in marginalised situations and situations of vulnerability, due to specific contexts or intersecting factors, including among others, sex, gender, age, race, ethnicity, class, caste, education, indigenous peoples, migration status, disability, as well as social and economic status, and includes stakeholders living in conflict- affected and high risk areas, which are the causes of diverse and often disproportionate adverse impacts, and create discrimination and additional barriers to participation and access to justice;
Amendment 67 #
Proposal for a regulation Article 2 – paragraph 1 – point c a (new) (ca) 'Meaningful engagement with workers and 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, such as workers who are undocumented or in the irregular economy, smallholders, and indigenous peoples.
Amendment 68 #
Proposal for a regulation 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) (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 71 #
Proposal for a regulation 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
Amendment 72 #
Proposal for a regulation Article 4 – paragraph 3 – introductory part 3. Before initiating an investigation in accordance with Article 5(1), the competent authority shall request from the
Amendment 73 #
Proposal for a regulation 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 Article 4 – paragraph 3 – point c (c) due diligence guidelines or recommendations of the UN, ILO, OECD or other relevant international organisations; in particular the social partners;
Amendment 75 #
Proposal for a regulation Article 4 – paragraph 3 – point c (c) due diligence guidelines or recommendations of the UN, ILO, OECD or other relevant international organisations, as well as the social partners;
Amendment 76 #
Proposal for a regulation Article 4 – paragraph 3 – point d (d) any other due diligence in relation to forced labour, such as work initiated by professional organisations.
Amendment 77 #
Proposal for a regulation Article 4 – paragraph 3 – point d (d) any other due diligence in relation
Amendment 78 #
Proposal for a regulation 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 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 80 #
Proposal for a regulation Article 4 – paragraph 7 7. Competent authorities shall not initiate an investigation pursuant to Article 5, and shall inform the economic operators under assessment accordingly, where, on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4, the competent authorities consider that there is no substantiated concern of a violation of Article 3, 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 in a reasonable period of time.
Amendment 81 #
Proposal for a regulation 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 82 #
Proposal for a regulation Article 5 – paragraph 3 – point b (b) take into account the size and economic resources of the economic operators, the quantity of products concerned,
Amendment 83 #
Proposal for a regulation 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 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 85 #
Proposal for a regulation Article 6 – paragraph 2 2. Notwithstanding paragraph 1, competent authorities may establish that Article 3 has been violated on the basis of any other facts available where it was not possible, for reasons attributable to the economic operator, to gather information and evidence pursuant to Article 5(3) or (6).
Amendment 86 #
Proposal for a regulation Article 6 – paragraph 4 – point b (b) an order for the economic operators that have been subject to the investigation to withdraw from the Union market, as of the date the order is in force, the relevant products that have already been placed or made available on the market;
Amendment 87 #
Proposal for a regulation Article 6 – paragraph 4 – point c (c) an order for the economic operators that have been subject to the investigation to dispose of the respective products still in their possession, in accordance with national law consistent with Union law.
Amendment 88 #
Proposal for a regulation Article 6 – paragraph 5 – introductory part 5.
Amendment 89 #
Proposal for a regulation Article 6 – paragraph 5 – point c (c) that any concerned product remaining with the economic operator concerned is disposed of in accordance with national law
Amendment 90 #
Proposal for a regulation Article 7 – paragraph 1 – point d (d)
Amendment 91 #
Proposal for a regulation Article 10 a (new) Article10a Remediation Member States shall in consultation with relevant stakeholders, including the social partners, establish mechanisms for effective remediation to victims whenever violations of Article 3 fall within their territory and/or jurisdiction.
Amendment 92 #
Proposal for a regulation Article 11 – title 11 Database of forced labour risk
Amendment 93 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable
Amendment 94 #
Proposal for a regulation 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),
Amendment 95 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall
Amendment 96 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas or sectors or with respect to specific products and services 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 consultation with social partners and civil society as well as relevant external sources of information from, amongst others, international organisations and third country authorities.
Amendment 97 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall call upon external expertise to provide a
Amendment 98 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall
Amendment 99 #
Proposal for a regulation Article 11 – paragraph 2 2. The Commission shall ensure that the database is made publicly available by the external expertise
source: 746.935
2023/06/01
PECH
81 amendments...
Amendment 100 #
Proposal for a regulation 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 to enhance the effective implementation of the prohibition. The Commission should seek closer cooperation with third-country authorities with a view to creating an effective network for the effective identification and eradication of violations bearing the hallmarks of forced labour. This should primarily concern third countries for which a high level of forced labour or regular and/or recurrent cases of forced labour have been documented. 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.
Amendment 101 #
Proposal for a regulation Article 2 – paragraph 1 – point b (b) ‘forced labour imposed by state authorities’ means the use of forced labour: - as
Amendment 102 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) ‘due diligence in relation to forced labour’ means the efforts by an economic operator to implement mandatory requirements, voluntary guidelines, recommendations or practices to identify, prevent,
Amendment 103 #
Proposal for a regulation Article 2 – paragraph 1 – point f (f)
Amendment 104 #
Proposal for a regulation 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
Amendment 105 #
Proposal for a regulation Article 2 – paragraph 1 – point j (j) ‘producer’ means the producer of agricultural and fisheries products as referred to in Article 38(1) TFEU or of raw materials;
Amendment 106 #
Proposal for a regulation Article 2 – paragraph 1 – point k (k) ‘product supplier
Amendment 107 #
Proposal for a regulation Article 3 – paragraph 1 Economic operators shall not place or make available on the Union market products that are made with forced labour,
Amendment 109 #
Proposal for a regulation 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 value chain as close as possible to where the risk of forced labour is likely to occur, the nature and working conditions of the sector concerned, 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.
Amendment 110 #
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
Amendment 111 #
Proposal for a regulation Article 4 – paragraph 3 – point c (c) due diligence guidelines or recommendations of the UN, FAO, ILO, OECD or other relevant international organisations;
Amendment 112 #
Proposal for a regulation Article 4 – paragraph 4 4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within
Amendment 113 #
Proposal for a regulation Article 4 – paragraph 7 7. Competent authorities shall not initiate an investigation pursuant to Article 5, and shall inform the economic operators under assessment accordingly, where, on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4, the competent authorities consider that there is no substantiated concern of a violation of Article 3, 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 114 #
Proposal for a regulation Article 4 – paragraph 7 a (new) 7a. The Commission is empowered to adopt delegated acts in accordance with Article 27 to supplement this Regulation by providing further details on the risk- based approach Member States has to use pursuant to paragraph 1 of this Article. Such delegated acts shall further complement the work done by the Network in accrodance with Article 24, especially in relation to ensuring the effective and uniform application of this Regulation.
Amendment 115 #
Proposal for a regulation Article 5 – paragraph 1 a (new) 1a. The competent authorities may request information from third countries on fisheries issues where they have reasonable grounds for suspecting that products from forced labour are being introduced.
Amendment 116 #
Proposal for a regulation Article 5 – paragraph 4 4. Economic operators shall submit the information within
Amendment 117 #
Proposal for a regulation Article 5 – paragraph 6 a (new) 6a. Competent authorities may ask diplomatic representations of the Union in relevant third countries to provide information and support.
Amendment 118 #
Proposal for a regulation Article 6 – paragraph 1 1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish whether Article 3 has been violated, within a
Amendment 119 #
Proposal for a regulation Article 6 – paragraph 1 1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish whether Article 3 has been violated, within
Amendment 120 #
Proposal for a regulation Article 6 – paragraph 4 – point c (c) an order for the economic operators that have been subject to the investigation to donate the products concerned to charitable organisations or organisations that benefit public interest or where donation is not possible, recycle the products concerned or when neither of these two options are possible, dispose of the respective products in accordance with national law consistent with Union law.
Amendment 121 #
Proposal for a regulation Article 6 – paragraph 4 – point c (c) an order for the economic operators that have been subject to the investigation to dis
Amendment 122 #
Proposal for a regulation Article 6 – paragraph 5 – point c (c) that any product remaining with the economic operator concerned is donated the products concerned to charitable organisations or organisations that benefit public interest or where donation is not possible, recycle the products concerned or when neither of these two options are possible, disposed of in accordance with national law consistent with Union law at the expense of the economic operator.
Amendment 123 #
Proposal for a regulation Article 6 – paragraph 5 – point c (c) that any product remaining with the economic operator concerned is distributed to charity. If this product cannot be distributed, it must be wholly or partially recycled or, as a last resort, disposed of in accordance with national l
Amendment 124 #
Proposal for a regulation Article 8 – paragraph 1 1. Competent authorities shall provide economic operators affected by a decision adopted pursuant to Article 6(4) the possibility of requesting a review of that decision within 15 working days from the date of receipt of that decision.
Amendment 125 #
Proposal for a regulation Article 10 – paragraph 1 a (new) 1a. The Commission shall set up a mechanism for the submission of information pursuant to paragraph 1. That mechanism shall be available in all official languages of the institutions of the Union, and it shall be user friendly and free of charge.
Amendment 126 #
Proposal for a regulation Article 10 – paragraph 1 b (new) 1b. In order to ensure uniform conditions for the submission of information, the Commission shall adopt implementing acts establishing templates for the submission of information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29.
Amendment 127 #
Proposal for a regulation Article 11 – title Database of forced labour risk
Amendment 128 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas or with respect to specific products including with regard to forced labour imposed by state authorities. The database 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
Amendment 129 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas, including non- cooperating third countries 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.
Amendment 130 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas or with respect to specific products including with regard to forced labour imposed by state authorities.
Amendment 131 #
Proposal for a regulation Article 11 – paragraph 1 a (new) 1a. Primary sources, for instance, EU fishers bearing witness to forced labour outside EU waters, need to be allowed to provide their first-hand experience to the database and Network in a safe and respectful environment with any processing of personal data carried out per Regulation (EU) 2016/679 and Regulation (EU) 2018/1725
Amendment 132 #
Proposal for a regulation Article 11 – paragraph 1 b (new) 1b. Encourages the Common Security and Defence Policy Missions, such as EUNAVFOR ATALANTA, to report without delay any vessel suspected of forced labour to the database and local authorities, and to continue preventing, deterring and combatting Illegal, Unregulated and Unreported (IUU) fishing.
Amendment 133 #
Proposal for a regulation Article 13 – paragraph 1 1. The Commission shall ensure efficient cooperation among the competent authorities of the Member States as well as with non-cooperating third countries through facilitating and coordinating the exchange and collection of information and best practices with regard to the application of this Regulation.
Amendment 134 #
Proposal for a regulation Article 13 – paragraph 1 a (new) 1a. The Commission shall seek to ensure effective cooperation with third- country authorities with a view to creating an effective network for the effective control, identification and eradication of violations bearing the hallmarks of forced labour.
Amendment 135 #
Proposal for a regulation Article 17 – paragraph 1 Where customs authorities identify a product entering or leaving the Union market that may, in accordance with a decision received pursuant to Article 15(3), be in violation of Article 3, they shall suspend the release for free circulation or the export of that product. Customs authorities shall immediately notify the relevant competent authorities of the competent Member State of the suspension and transmit all relevant information to enable them to establish whether the product is covered by a decision communicated pursuant to Article 15(3).
Amendment 136 #
Proposal for a regulation Article 20 – paragraph 1 Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is distributed to charity. If these products cannot be distributed, they must be wholly or partially recycled or, as a last resort, disposed of in accordance with national law consistent with Union law. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.
Amendment 137 #
Proposal for a regulation Article 20 – paragraph 1 Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is donated to charitable or public interest purposes. If such products cannot be donated, they should be recycled, and if that is not possible, they should be disposed of in accordance with national law consistent with Union law. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.
Amendment 138 #
Proposal for a regulation Chapter III a (new) Amendment 139 #
Proposal for a regulation Article 22 – paragraph 1 1. For the purposes of Chapters II and III, competent authorities shall use the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020. The Commission, competent authorities in the Member States and customs authorities shall have access to that system for the purposes of this Regulation.
Amendment 140 #
Proposal for a regulation Article 23 – paragraph 1 – point b (b) information on risk indicators of forced labour, which shall be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, clear benchmarks, definition of hot spots, civil society, business organisations, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;
Amendment 141 #
Proposal for a regulation Article 23 a (new) Article23a Analysis of the subsectors: for fishieries it would be the supply chain, catching, processing and marketing.
Amendment 142 #
Proposal for a regulation Article 24 – title Union Network Against Forced Labour
Amendment 143 #
Proposal for a regulation 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
Amendment 144 #
Proposal for a regulation Article 24 – paragraph 1 1. A Union Network Against Forced Labour
Amendment 145 #
Proposal for a regulation Article 24 – paragraph 2 2. The Network shall be composed of representatives from each Member States’
Amendment 146 #
Proposal for a regulation Article 24 – paragraph 3 – point e a (new) (ea) ensure good collaboration and exchange of information with authorities involved in implementing rules in relation to IUU-fishing and traceability for fisheries- and aquaculture products.
Amendment 147 #
Proposal for a regulation 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. The Commission shall seek closer cooperation with third-country authorities with a view to creating an effective network for the effective control, identification and eradication of violations bearing the hallmarks of forced labour. 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.
Amendment 148 #
Proposal for a regulation 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 under the presumption of innocence until proven guilty.
Amendment 149 #
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, together with the EEAS, 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 150 #
Proposal for a regulation Article 30 a (new) Article30a Review 1. By [five years after the date of application] and every five years thereafter, the Commission shall carry out an evaluation of this Regulation taking account of its objectives and shall submit a report thereon to the European Parliament and to the Council. 2. The report shall assess whether this Regulation achieved its objective, in particular with regard to reducing the number of products on the Union market made with forced labour , improving cooperation between competent authorities and strengthening the controls on products entering the Union market and the synergies with other Union legislations, such as Regulation (EC) No 1005/2008, Regulation (EC) No 1224/2009 and Regulation (EU) No 1379/2013, while taking into account the impact on business, in particular on SMEs. 3. The report shall be accompanied, where appropriate, by a legislative proposal. 4. The Commission shall continuously monitor the implementation of this Regulation. The monitoring shall be based on a scientific and transparent methodology and shall take into account information provided by stakeholders
Amendment 70 #
Proposal for a regulation 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
Amendment 71 #
Proposal for a regulation 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
Amendment 72 #
Proposal for a regulation Recital 1 a (new) (1a) Article 2 of Regulation (EU) 1380/2013 requires, inter alia, fishing activities to be managed in a way that is consistent with the objectives of achieving economic, social and employment benefits, as well as to ensure a level- playing field and a culture of compliance within the Union. Fishing activities conducted with the use of forced labour undermine the achievement of these CFP objectives. In addition, they contribute to creating unfair competition among operators, in particular due to lower costs resulting from the use of social sub- standards, and increase the risk of fishery products made with such exploitative practices entering the EU market. For those reasons, fisheries control rules should be strengthened to provide for effective, dissuasive and proportionate penalties, including the attribution of points, against those committing fishing activities with the use of forced labour.
Amendment 73 #
Proposal for a regulation Recital 1 b (new) Amendment 74 #
Proposal for a regulation 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
Amendment 75 #
Proposal for a regulation 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. 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.
Amendment 76 #
Proposal for a regulation Recital 3 a (new) (3a) According to the International Labour Organization (ILO), forced labour affects 128,000 fishers worldwide, although the number of unreported cases is likely to be much higher due to the challenges of recording in the fisheries sector. Unfortunately, only eight Member States have ratified the ILO Convention C188 - “Work in Fishing Convention (2007), it is therefore advised that the remaining nineteen Member States ratify as soon as possible.
Amendment 77 #
Proposal for a regulation Recital 4 (4) All Member States have ratified the fundamental ILO Conventions on forced labour and child labour
Amendment 78 #
Proposal for a regulation Recital 6 a (new) (6a) Fisheries Agreements with third countries are an essential instrument to guarantee the working conditions of third-country workers in the European fleet.
Amendment 79 #
Proposal for a regulation Recital 6 b (new) (6b) Forced labour in non-cooperating countries is sometimes linked to IUU fishing, which is why the fight against IUU fishing is essential to eliminate forced labour.
Amendment 80 #
Proposal for a regulation Recital 13 (13) The European Parliament in its resolutions strongly condemned forced labour and called for a ban on products made with forced labour
Amendment 81 #
Proposal for a regulation Recital 16 (16) In order to ensure the effectiveness
Amendment 82 #
Proposal for a regulation Recital 17 (17) The
Amendment 83 #
Proposal for a regulation Recital 18 a (new) (18a) The Commission should analyse the situation of non-cooperating countries in the fisheries sector and its impact on the European sector.
Amendment 84 #
Proposal for a regulation 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, gender equality, workers' rights, value chain management and due diligence processes. Competent authorities should closely coordinate with national 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.
Amendment 85 #
Proposal for a regulation Recital 19 (19) The competent authorities of the Member States and the European Commission 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 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.
Amendment 86 #
Proposal for a regulation Recital 20 (20) In order to increase the effectiveness of the prohibition, competent authorities
Amendment 87 #
Proposal for a regulation Recital 22 (22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to
Amendment 88 #
Proposal for a regulation Recital 24 (24) During the preliminary phase of investigation, competent authorities should focus on the economic operators involved in the steps of the value chain where there is a higher risk of forced labour with respect to the products under investigation, also taking into account the nature and working conditions of the sector in question, as well as their size and economic resources, the quantity of products concerned and the scale of the suspected forced labour.
Amendment 89 #
Proposal for a regulation Recital 24 (24)
Amendment 90 #
Proposal for a regulation Recital 25 (25) Competent authorities, when requesting information during the
Amendment 91 #
Proposal for a regulation Recital 26 (26) Competent authorities and the European Commission should bear the burden of establishing that forced labour has been used at any stage of production, manufacture, harvest or extraction of a product, including working or processing related to the product on the basis of all information and evidence gathered during the investigation
Amendment 92 #
Proposal for a regulation Recital 26 (26) Competent authorities should bear the burden of establishing that forced labour has been used at any stage of production, manufacture, harvest
Amendment 93 #
Proposal for a regulation Recital 27 (27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and
Amendment 94 #
Proposal for a regulation Recital 27 (27)
Amendment 95 #
Proposal for a regulation Recital 30 (30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made
Amendment 96 #
Proposal for a regulation Recital 30 (30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators
Amendment 97 #
Proposal for a regulation Recital 35 (35) The information currently made available to customs authorities by economic operators includes only general information on the products but lacks information on the manufacturer or producer and product suppliers as well as specific information on products. In order for customs authorities to be able to identify products entering or leaving the Union market that may violate the Regulation and should accordingly be stopped at the EU external borders, economic operators should submit to customs authorities information allowing matching a decision of the competent authorities with the product concerned. This should include information on the manufacturer or producer and the product suppliers, including the original supplier directly performing the harvesting, catching, extraction or equivalent operation, as well as any other information on the product itself. To this end, the Commission should be empowered to adopt delegated acts identifying the products for which such information should be provided using, amongst others, the database established under this Regulation as well as the information and decisions of the competent authorities encoded in the information and communication system set out in Article 34 of Regulation (EU) 2019/1020 (‘ICSMS’). Moreover, the Commission should be empowered to adopt, the implementing acts necessary to specify the details of the information to be made available to customs by the economic operators. This information should include the description, name or brand of the product, specific requirements under Union legislation for the identification of the product (such as a type, reference, model, batch or serial number affixed on the product, or provided on the packaging or in a document accompanying the product, or unique
Amendment 98 #
Proposal for a regulation Recital 37 (37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, they should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be distributed to charity. If this product cannot be distributed, it should be wholly or partially recycled or, as a last resort, destroyed, rendered inoperable, or otherwise disposed
Amendment 99 #
Proposal for a regulation 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,
source: 749.251
2023/06/09
INTA, IMCO
508 amendments...
Amendment 102 #
Draft legislative resolution Paragraph 1 1.
Amendment 103 #
Proposal for a regulation Recital 1 a (new) Amendment 104 #
Proposal for a regulation 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 a lack of good governance of certain economic operators and frequently coincides with non-respect of other fundamental principles and rights at work such as the right to bargain collectively and the right to freedom of association. _________________ 18 The 2021 Global Estimates of Modern
Amendment 105 #
Proposal for a regulation 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. Article 5(2) of the Charter of Fundamental Rights of the European Union
Amendment 106 #
Proposal for a regulation 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. 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 right to effective remedies for violations of fundamental rights is a human right, and a fundamental element in the process of effective prosecution of crimes. Existing Union law, the UN Guiding Principles on the Business and Human Rights (UNGPs), the Council of Europe, ILO and the OECD affirm the right of victims to an effective remedy for business-related human rights violations or abuses, including forced labour. _________________ 19 For instance paras. 89 and 102 in
Amendment 107 #
Proposal for a regulation 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 which prohibits slavery, servitude, forced or compulsory labour and human trafficking. 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. Article 31 of the Charter of Fundamental Rights recognises the right for every worker to fair and just working conditions which respect his or her health, safety and dignity. 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
Amendment 108 #
(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. 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 right of victims to an effective remedy for business-related human rights violations or abuses, including forced labour, is recognised in Union law, the UN Guiding Principles on the Business and Human Rights (UNGPs), the Council of Europe and the OECD. _________________ 19 For instance paras. 89 and 102 in
Amendment 109 #
Proposal for a regulation Recital 3 (3) The eradication of forced labour in all its forms, including state imposed forced labour, is
Amendment 110 #
Proposal for a regulation Recital 3 a (new) (3a) According to the International Labour Organization (ILO), forced labour affects 128,000 fishers worldwide, although the number of unreported cases is likely to be much higher due to the challenges of recording in the fisheries sector. Unfortunately, only eight Member States have ratified the ILO Convention C188 - “Work in Fishing Convention (2007), it is therefore advised that the remaining nineteen Member States ratify it as soon as possible.
Amendment 111 #
Proposal for a regulation Recital 4 a (new) (4a) Nine Member States have not yet ratified the Protocol to the ILO Convention No. 29 on the access to appropriate and effective remedies which are necessary to safeguard and compensate workers affected by forced labour.
Amendment 112 #
Proposal for a regulation Recital 5 (5) Through its policies and legislative initiatives the Union seeks to eradicate the use of forced labour. It is inherently linked to the promotion of decent working conditions, such as the right to organise and take collective action, social dialogue, freedom of association, collective bargaining, sustainable business conduct and social protection. 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 neither in the value chains of undertakings established
Amendment 113 #
Proposal for a regulation Recital 5 (5) Through its policies and legislative initiatives, the Union seeks to eradicate
Amendment 114 #
Proposal for a regulation Recital 5 (5) Through its policies and legislative initiatives the Union seeks to eradicate the use of forced labour and promote decent work and labour rights worldwide. The Union promotes due diligence in accordance with international guidelines and principles
Amendment 115 #
Proposal for a regulation 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
Amendment 116 #
Proposal for a regulation Recital 6 (6) Union trade policy supports the
Amendment 117 #
Proposal for a regulation Recital 6 (6) Union trade policy supports the 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 c
Amendment 118 #
Proposal for a regulation Recital 6 a (new) (6a) Forced labour has a distinct impact on vulnerable and marginalised groups, such as children, women, migrants, refugees or indigenous peoples, and therefore an intersectional and gender sensitive approach is essential to combat forced labour effectively. This Regulation should therefore aim to achieve the objectives of the ILO Convention 182, Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, the Beijing Declaration, the Global Compact for Safe, Orderly and Regular Migration, the Geneva Convention Relating to the Status of Refugees; the United Nations Declaration on the Rights of Indigenous Peoples, the ILO Convention 169, as well as other relevant international agreements and conventions.
Amendment 119 #
Proposal for a regulation Recital 6 a (new) (6a) Forced labour has a distinct impact on vulnerable and marginalised groups, such as children, women, migrants, refugees or indigenous peoples, and therefore an intersectional and gender sensitive approach is essential to combat forced labour effectively. Forced labour frequently coincides with the non- respect of other fundamental principles and rights at work. This Regulation should therefore aim to achieve the objectives of the ILO Convention 182, Council of Europe.
Amendment 120 #
Proposal for a regulation Recital 6 a (new) (6a) Forced labour has a distinct impacrt on vulnerable and marginalised groups such as children, women, persons with disabilities, migrants, refugees or indigenous people.
Amendment 121 #
Proposal for a regulation Recital 6 b (new) (6b) The 2021 EU Strategy on the Rights of the Child foresees that the EU will insist on third countries to update regularly national lists of hazardous occupations children should never be tasked to do. The Durban Call to Action on the Elimination of Child Labour recalls the commitments of UN members to strengthen the prevention and elimination of child labour, including its worst forms, forced labour, modern slavery and trafficking in persons and to increase financing and international cooperation for the elimination of child labour and forced labour. ILO Convention No. 138 requires Member States to create a national policy designed to ensure the effective abolition of child labour.
Amendment 122 #
Proposal for a regulation Recital 7 (7) The Anti-trafficking Directive (Directive 2011/36/EU) of the European Parliament and of the Council21(the Anti- trafficking Directive) harmonises the definition of trafficking in human beings, including forced labour or services, and establishes minimum penalties. Any rules laid down concerning the prohibition of placing and making available on the Union market domestic or imported products made with forced labour, or exporting such products, and the obligation to ensure that such products are withdrawn from the Union market (‘the prohibition’), should be without prejudice to that Directive, and in particular to the competence of law enforcement and judicial authorities to investigate and prosecute offences on trafficking in human beings, including labour exploitation, as well as preventing and combating trafficking in human beings and protecting its victims, particularly by strengthening victims’ rights in the areas of non-punishment, assistance and support, safe reporting, complaint mechanisms and remedies including compensation. _________________ 21 Directive 2011/36/EU of the European
Amendment 123 #
Proposal for a regulation Recital 8 (8) [In particular, Directive 20XX/XX/EU on Corporate Sustainability Due Diligence sets out horizontal due diligence obligations to identify, prevent, mitigate and account for actual and potential adverse impacts on human rights, including forced labour, and the environment in the company’s own operations, its subsidiaries and in its value chains, in accordance with international human and labour rights standards and environmental conventions.
Amendment 124 #
Proposal for a regulation Recital 8 (8) [In particular, Directive 20XX/XX/EU on Corporate Sustainability Due Diligence sets out horizontal due diligence obligations to identify, prevent, mitigate and account for actual and potential adverse impacts on human rights, including forced labour, and the environment in the company’s own operations, its subsidiaries and in its value chains, in accordance with international human and labour rights standards and environmental conventions.
Amendment 125 #
Proposal for a regulation Recital 8 (8) [In particular, Directive 20XX/XX/EU on Corporate Sustainability Due Diligence sets out horizontal due diligence obligations to identify, prevent, mitigate and account for actual and potential adverse impacts on human rights,
Amendment 126 #
Proposal for a regulation Recital 8 (8) [In particular, Directive 20XX/XX/EU on Corporate Sustainability Due Diligence sets out horizontal due diligence obligations for companies to identify, prevent, mitigate and account for actual and potential adverse impacts on human rights, including forced labour, and the environment that they caused, contributed to or are directly linked to in the company’s own operations
Amendment 127 #
Proposal for a regulation Recital 10 (10) Articles [XX] of Directive 2013/34/EU of the European Parliament and of the Council require Member States to ensure that certain economic operators annually publish non-financial statements in which they report on the impact of their activity on environmental, social and employee matters, respect for human rights, including regarding forced labour, anti-corruption and bribery matters.26 [Furthermore, Directive 20XX/XX/EU on Corporate Sustainability Reporting puts forward detailed reporting requirements for covered companies regarding the respect of human rights, including in global supply chains. The information that undertakings disclose about human rights should include, where relevant, information about forced labour in their
Amendment 128 #
Proposal for a regulation Recital 10 a (new) (10a) As a member of the World Trade Organisation (WTO), the Union is committed to promoting a rules-based, open, multilateral trading system under the WTO. Any measures introduced by the Union that affect trade must be WTO compliant. Further, all measures introduced by the Union that affect trade must take into account the possible response of the Union’s trade partners and ensure that the enforcement of the measure is not perceived as a unilateral protectionist measure.
Amendment 129 #
Proposal for a regulation Recital 12 (12) As recognised in the Commission’s Communication on decent work
Amendment 130 #
Proposal for a regulation Recital 12 a (new) (12a) 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 the core priorities of the EU as enshrined in the EU Action Plan on Human Rights and Democracy 2020-2024.
Amendment 131 #
Proposal for a regulation Recital 12 b (new) (12b) As stated in Article 8 of the ILO Worst Forms of Child Labour Convention (N. 182), State Parties shall take appropriate steps to assist one another in giving effect to the provisions of that Convention through enhanced international cooperation and/or assistance including support for social and economic development, poverty eradication programmes and universal education.
Amendment 132 #
Proposal for a regulation Recital 13 (13) The European Parliament in its resolutions strongly condemned forced labour and called for a ban on products made with forced labour.30It is therefore a matter of public moral concern that products made with forced labour could be available on the Union market
Amendment 133 #
Proposal for a regulation Recital 14 (14) To complete the Union legislative and policy framework on forced labour, the placing and making available on the Union market products or services made with forced labour or exporting domestically produced or imported products or services made with forced labour should be prohibited and it should be ensured that those products and services are withdrawn from the Union market.
Amendment 134 #
Proposal for a regulation Recital 15 (15) Currently there is no Union legislation that empowers Member States’ authorities to directly detain, seize, or order the withdrawal of a product on the basis of a finding that it was made, whether in whole or in significant parts, with forced labour.
Amendment 135 #
Proposal for a regulation Recital 15 (15) Currently there is no Union legislation that empowers Member States’ authorities to directly detain, seize, or order the withdrawal of a product or service on the basis of a finding that it was made, whether in whole or in part, with forced labour.
Amendment 136 #
Proposal for a regulation Recital 16 (16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, harvest and extraction, including working or processing related to the products. The prohibition should apply to all products, of any type,
Amendment 137 #
Proposal for a regulation Recital 16 (16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, harvest and extraction, including working or processing related to the products as well as to services that involve forced labour. The prohibition should apply to all products, of any type, including their components, and should apply to products regardless of the sector, the origin, whether they are domestic or imported, or placed or made available on the Union market or exported. The prohibition should also apply to services.
Amendment 138 #
Proposal for a regulation Recital 16 (16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, harvest and extraction, packaging, transportation, distribution or storage, including working or processing related to the products. The prohibition should apply to all products, of any type, including their components, and should apply to products regardless of the sector, the origin, whether they are domestic or imported, or placed or made available on the Union market or exported.
Amendment 139 #
Proposal for a regulation Recital 16 (16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, harvest and extraction, including working
Amendment 140 #
Proposal for a regulation Recital 16 (16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, harvest
Amendment 141 #
Proposal for a regulation Recital 16 (16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, harvest and extraction
Amendment 142 #
Proposal for a regulation Recital 17 a (new) (17a) Based on the definition of forced labour specified in ILO Convention No. 29, the ‘ILO Indicators of Forced Labour’ represent the most common signs that point to the possible existence of a forced labour case and should be taken into account when enforcing the prohibition. However, these indicators may be insufficient for the identification of forced labour imposed by state authorities. These practices of forced labour are based on systemic and global coercive policies that require additional, specifically designed indicators.
Amendment 143 #
Proposal for a regulation 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 thorough guidelines on due diligence in relation to forced labour, which should take into account also the size and economic resources of economic operators. In addition, the Commission should issue clear guidelines on forced-labour risk indicators and on publicly available information in order to help SMEs, as well as other
Amendment 144 #
Proposal for a regulation 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
Amendment 145 #
Proposal for a regulation Recital 18 (18) Micro, small and medium-sized enterprises (’SMEs’) can have limited
Amendment 146 #
Proposal for a regulation Recital 18 (18) Micro, small and medium-sized enterprises (’SMEs’) can have limited resources and ability to ensure that the products or services 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. In addition, the Commission should issue guidelines on forced-labour risk indicators and on publicly available information in order to help SMEs, as well as other economic operators, to comply with the requirements of the prohibition.
Amendment 147 #
Proposal for a regulation 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. In addition, the Commission should issue specific guidelines on forced-labour risk indicators and on publicly available information in order to help SMEs
Amendment 148 #
Proposal for a regulation Recital 18 a (new) (18a) Taking into account that this Regulation breaches the European Parliament's and Commission's interinstitutional agreement on Better Law-Making by excluding an impact assessment, and thus lacks significant estimates needed to evaluate cost-benefit, the one-in, one-out principle, and WTO compatibility amongst other things, the Commission should create an impact assessment six months after the Regulation's entry into force. The Commission should also submit a comprehensive report to the European Parliament and to the Council on the impact of the Regulation, three years after its applicability. The report shall evaluate the effectiveness of this Regulation in reaching its objectives, in particular, its impact on the eradication of forced labour.
Amendment 149 #
Proposal for a regulation Recital 18 a (new) (18a) 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;
Amendment 150 #
(18a) Remedy is a crucial part of the human rights due diligence process under the UNGPs and is critical to ensuring that a Forced Labour Instrument has a positive impact for workers and holds corporations to account. Remedy will encourage workers to come forward and report abuse. Accordingly, this Regulation must ensure the provision of effective remedy to affected rightholders.
Amendment 151 #
Proposal for a regulation Recital 18 b (new) (18b) Given that this Regulation will impose additional compliance costs on economic operators, action needs to be taken to prevent the total level of regulatory and financial burden from increasing. Therefore, in line with the Commission's Better Regulation agenda, and the 'one in, one out' principle, the Commission should present, before the application of this Regulation, proposals offsetting the regulatory and financial burdens introduced by this Regulation, through the revision or abolishment of provisions in other Union legislative acts that generate compliance costs for economic operators.
Amendment 152 #
Proposal for a regulation 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 human and financial resources and that their staff has the necessary competences and knowledge, especially with regard to human rights, labour rights, gender equality, value chain management and due diligence processes. Competent authorities should closely coordinate with national 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.
Amendment 153 #
Proposal for a regulation 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
Amendment 154 #
Proposal for a regulation Recital 19 (19)
Amendment 155 #
Proposal for a regulation Recital 20 Amendment 156 #
Proposal for a regulation Recital 20 Amendment 157 #
Proposal for a regulation Recital 20 Amendment 158 #
Proposal for a regulation Recital 20 (20) In order to increase the effectiveness of the prohibition, the competent authorit
Amendment 159 #
Proposal for a regulation Recital 21 (21) When identifying potential violations of the prohibition, the competent authorities should follow a risk-based approach and assess all information available to them. Competent authorities should initiate an investigation where, based on their assessment of all available information, they establish that there is a substantiated concern of a violation of the prohibition. Before initiating an investigation, competent authorities should be able to request additional information from economic operators under assessment, but also from other relevant stakeholders, including persons or associations having submitted relevant information to competent authorities and any other stakeholder working on the products or regions related to the assessment, as well as from diplomatic representations of the Union in relevant third countries. Substantive information and/or claims submitted should be made available to any economic operators under assessment, while safeguarding the identities of the stakeholders involvement.
Amendment 160 #
Proposal for a regulation Recital 21 (21) When identifying potential violations of the prohibition, the Commission and competent authorities should follow a risk-based approach and assess all information available to them.
Amendment 161 #
Proposal for a regulation Recital 21 (21) When identifying potential violations of the prohibition, the Commission and competent authorities should follow a risk-based approach and assess all information available to them.
Amendment 162 #
Proposal for a regulation Recital 21 (21) When identifying potential violations of the prohibition, the competent authorities should follow a risk-based approach and assess all information available to them. Competent authorities should initiate a
Amendment 163 #
Proposal for a regulation Recital 21 (21) When identifying potential violations of the prohibition, the competent authorit
Amendment 164 #
Proposal for a regulation Recital 22 (22)
Amendment 165 #
Proposal for a regulation Recital 22 (22)
Amendment 166 #
Proposal for a regulation 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
Amendment 167 #
(22) Before initiating an investigation, competent authorities should ensure that substantive information and/or claims submitted should be made available to any economic operators under assessment, while safeguarding the identities of the stakeholders involved. 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
Amendment 168 #
(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 value 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 value chains. Appropriate due diligence means that forced labour issues in the value chain have been identified and addressed in accordance with relevant Union legislation and international standards. This Regulation should be subsidiary to Due Diligence processes and be the last resort instrument to be applied when supply chain due diligence has not been properly executed according to applicable international guidelines. 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 169 #
Proposal for a regulation Recital 22 (22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour or remediate forced labour cases in their operations and value chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should contribute to helping the economic operator to be at a lower risk of having forced labour in its operations and value chains. Appropriate due diligence could mean
Amendment 170 #
Proposal for a regulation Recital 22 (22) Before initiating an investigation, competent authorities should request from
Amendment 171 #
Proposal for a regulation Recital 22 (22) Before initiating an investigation, the competent authorit
Amendment 172 #
Proposal for a regulation Recital 22 a (new) (22a) During the investigation, the Commission and competent authorities shall engage with stakeholders with the genuine intention to understand how relevant stakeholder interests are affected by its activities, prior to taking decisions that may impact them and take into consideration their interests. It involves the timely provision of all information needed by the potentially impacted stakeholders to make an informed judgment on how the decision could affect them. It should ensure follow-through on implementation of agreed commitments, ensuring that adverse impacts to impacted and potentially impacted stakeholders are addressed.
Amendment 173 #
Proposal for a regulation Recital 23 (23) In order to ensure cooperation among competent authorities designated under this and other relevant legislation and in order to ensure consistency in their actions and decisions, competent authorities designated under this Regulation should request information from other relevant authorities, where necessary, on whether 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. When requesting information from economic operators, competent authorities should follow the Commission’s Once-Only principle, through increased cooperation and dialogue between authorities who are engaged in overseeing product regulation. An economic operator should not have to submit the same information more than once.
Amendment 174 #
Proposal for a regulation Recital 23 (23)
Amendment 175 #
Proposal for a regulation Recital 23 (23) In order to ensure cooperation among the Commission and competent authorities designated under this and other relevant legislation and in order to ensure consistency in their actions and decisions, competent authorities designated under this Regulation should request information from other relevant authorities, where necessary, on whether 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.
Amendment 176 #
Proposal for a regulation Recital 23 (23) In order to ensure cooperation among the Commission and competent authorities designated under this and other relevant legislation and in order to ensure consistency in their actions and decisions, competent authorities designated under this Regulation should request information from other relevant authorities, where necessary, on whether 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.
Amendment 177 #
Proposal for a regulation Recital 23 a (new) (23a) Considering the robust amount of evidence available regarding forced labour cases, in particular products, regions or sectors, competent authorities should, after a risk-assessment, focus their investigations on situations that present a higher risk of use of forced labour and that have an increased societal and economic impact, due to the large dimension of economic operators or their presence in a large number of value chains.
Amendment 178 #
Proposal for a regulation Recital 23 a (new) (23a) Considering the robust amount of evidence available regarding forced labour cases in particular products, regions or sectors, competent authorities should, after a risk-assessment, focus their investigations on the situations presenting both a higher risk of use of forced labour and increased societal and economic impact, due to the large dimension of economic operators or their presence in a large number of supply chains.
Amendment 179 #
Proposal for a regulation Recital 23 a (new) (23a) In order to ensure consistency in the actions and decisions by competent authorities, the Commission should issue clear guidelines for the competent authorities and coordinate their work.
Amendment 180 #
Proposal for a regulation Recital 24 (24) During the preliminary phase of investigation, competent authorities should focus on the economic operators involved in the steps of the value chain where there is a higher risk of forced labour with respect to the products under investigation
Amendment 181 #
Proposal for a regulation Recital 24 (24) During the
Amendment 182 #
Proposal for a regulation Recital 24 (24) During the
Amendment 183 #
Proposal for a regulation Recital 24 (24) During the preliminary phase of investigation, competent authorities should focus on the economic operators involved in the steps of the
Amendment 184 #
Proposal for a regulation Recital 24 (24) During the preliminary phase of investigation, competent authorities should focus on the economic operators involved in the steps of the
Amendment 185 #
Proposal for a regulation Recital 24 (24) During the preliminary phase of investigation, competent authorities should focus on the economic operators involved in the steps of the
Amendment 186 #
Proposal for a regulation Recital 25 (25) Competent authorities, when requesting information during the investigation, should
Amendment 187 #
Proposal for a regulation Recital 25 (25)
Amendment 188 #
Proposal for a regulation 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
Amendment 189 #
Proposal for a regulation 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
Amendment 190 #
Proposal for a regulation 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
Amendment 191 #
(25a) The Commission should call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas or with respect to specific products including with regard to forced labour imposed by state authorities. The database should be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, civil society, business organisations, social partners, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour. The database should include a list of all decisions of competent authorities and third countries' authorities, including information on the provision of remediation of forced labour cases that enabled the withdrawal of the ban.
Amendment 192 #
Proposal for a regulation Recital 25 a (new) (25a) Where there is clear and reliable evidence that specific products produced in specific geographic areas present a high risk of having been subject to forced labour applied by state authorities, experts should be able to identify those products as “high risk products”. Criteria for ‘high risk’ designation must be publicly available. Any geographic areas considered for ‘high risk’ designation should allow for consultation and right of response from the relevant third countries before products are formally designated. The Commission should publish transparent and comprehensive guidelines including measurable criteria for economic operators and third countries to meet, to demonstrate that products are no longer ‘high risk’.
Amendment 193 #
Proposal for a regulation Recital 25 a (new) (25a) Where there is convincing evidence that specific products produced in specific geographic areas present a high risk of having been made with forced labour, experts should be able to identify those products as “high risk products”. For those specific products, economic operators should bear the burden of establishing that forced labour has not been used at any stage of production, manufacture, harvest, extraction, packaging, transportation, distribution or storage of a product, including working or processing related to the product.
Amendment 194 #
Proposal for a regulation Recital 25 b (new) (25b) Where there is clear and reliable evidence that specific products produced in specific geographic areas, or by specific entities that systematically use forced labour, present a high risk of having been made with forced labour, experts could identify those products as “high risk products”. For these specific products, economic operators should bear the burden of establishing that forced labour has not been used at any stage of production, manufacture, harvest, extraction, packaging, transportation or distribution of a product, including working or processing related to the product.
Amendment 195 #
Proposal for a regulation Recital 25 b (new) (25b) Competent authorities cannot, in any case, request undertakings to provide, disclose or publish the business secret and intellectual property such as patents. The protection of confidential information should be respected.
Amendment 196 #
Proposal for a regulation Recital 25 c (new) (25c) In order to strengthen the prohibition, the Commission should be able to adopt a decision identifying specific products produced in specific areas, or by specific entities, that are presumed to be in violation of the prohibition due to the existence of state- imposed forced labour schemes. This decision should be adopted where the Commission, after examination of the evidence contained in the database, considers that the high level of risk, the systemic scale of the violations and the number of products involved make it necessary in order to reduce the burden on competent authorities and effectively prevent the placement on the market of a large number of products of forced labour.
Amendment 197 #
Proposal for a regulation Recital 26 (26)
Amendment 198 #
Proposal for a regulation Recital 26 (26) Competent authorities should bear the burden of establishing that forced labour has been used at any stage of production, manufacture, harvest or extraction of a product, including working or processing
Amendment 199 #
Proposal for a regulation Recital 26 (26) Competent authorities should bear the burden of establishing that forced labour has been used at any stage of production, manufacture, harvest or extraction of a product, including working or processing related to the product on the basis of all information and evidence gathered during the investigation, including its preliminary phase. To ensure their right to due process, economic operators should have access to information collected and allegations submitted, and have the opportunity to provide information in their defence to the competent authorities throughout the
Amendment 200 #
Proposal for a regulation Recital 26 (26)
Amendment 201 #
Proposal for a regulation Recital 26 (26)
Amendment 202 #
Proposal for a regulation Recital 26 (26)
Amendment 203 #
Proposal for a regulation Recital 26 (26) Competent authorities should bear the burden of establishing that forced labour has been used at any stage of production, manufacture, harvest or extraction of a
Amendment 204 #
Proposal for a regulation Recital 27 (27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and have them recycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management. Agricultural products that cannot be recycled, should be donated, or, should this not be possible, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.
Amendment 205 #
Proposal for a regulation Recital 27 (27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and
Amendment 206 #
Proposal for a regulation Recital 27 (27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit
Amendment 207 #
Proposal for a regulation Recital 27 (27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and
Amendment 208 #
Proposal for a regulation Recital 27 (27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and have them destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management. In the event of a repeated offence, economic operators are prevented from taking part in European tenders and are not authorized to sell their products on the internal market.
Amendment 209 #
Proposal for a regulation Recital 27 (27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been
Amendment 210 #
Proposal for a regulation Recital 27 (27)
Amendment 211 #
Proposal for a regulation Recital 27 (27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and have them recycled, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.
Amendment 212 #
Proposal for a regulation Recital 27 (27)
Amendment 213 #
Proposal for a regulation Recital 28 (28) In that decision, competent authorities should state the findings of the investigation, and the information underpinning the findings, and set a reasonable time within which the economic operators should comply with the decision, as well as information allowing for the identification of the product to which the decision applies. The Commission should be empowered to adopt the implementing acts necessary to specify the details about the information to be contained in such decisions. The decisions from the competent authorities should be made publicly available.
Amendment 214 #
Proposal for a regulation Recital 28 (28) In that decision, competent authorities should state the findings of the investigation, and the information underpinning the findings, and set a reasonable time within which the economic operators should comply with the decision, as well as information allowing for the identification of the product to which the decision applies. The Commission should be empowered to adopt the implementing acts necessary to specify the details about the information to be contained in such decisions. The decisions from competent authorities should be made publicly available.
Amendment 215 #
Proposal for a regulation Recital 28 (28) In that decision, the competent authorit
Amendment 216 #
Proposal for a regulation Recital 29 Amendment 217 #
Proposal for a regulation Recital 29 (29)
Amendment 218 #
Proposal for a regulation Recital 29 (29) In setting a reasonable time to comply with the order, the competent authorit
Amendment 219 #
Proposal for a regulation Recital 30 (30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities
Amendment 220 #
Proposal for a regulation Recital 30 (30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are donated to charitable or public interest purposes. If such products cannot be donated, economic operators should recycle those products, and if that is not possible, they should have the products destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management at the expense of the economic operators.
Amendment 221 #
Proposal for a regulation Recital 30 (30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management at the expense of the economic operators. Such decision should be proportionate at least to the scale of forced labour, availability of alternative products, resilience of the EU, complexity of the suply chain and other relevant factors.
Amendment 222 #
Proposal for a regulation Recital 30 (30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established
Amendment 223 #
Proposal for a regulation Recital 30 (30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are donated to charitable or public interest purposes. If such products cannot be donated, economic operators should recycle them, and if that is not possible, they should have the products destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management at the expense of the economic operators.
Amendment 224 #
Proposal for a regulation Recital 30 (30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are recycled, and if that is not possible, they should have the products destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management at the expense of the economic operators.
Amendment 225 #
Proposal for a regulation Recital 30 (30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are
Amendment 226 #
Proposal for a regulation Recital 30 (30) If the economic operators fail to comply with the decision of the competent authorit
Amendment 227 #
Proposal for a regulation Recital 31 (31) Economic operators should have the possibility to request a review of the decisions by the competent authorities, after having provided new information showing that it cannot be concluded that the relevant products have been made with forced labour. Competent authorities should withdraw their decision where they establish on the basis of that new information, that it cannot be established that the products have been made with forced labour. Economic operators should have a right to compensation, including the compensation in case of the prohibition, withdrawal or destruction of products arising from a wrongful decision by a competent authority.
Amendment 228 #
Proposal for a regulation Recital 31 (31) Economic operators should have the possibility to request a review of the decisions by the competent authorities, after having provided new relevant information showing that it cannot be concluded that the relevant products have been made with forced labour. Competent authorities should withdraw their decision where they establish on the basis of that new information, that it cannot be established that the products have been made with forced labour.
Amendment 229 #
Proposal for a regulation Recital 31 (31) Economic operators should have the possibility to request a review of the decisions by the competent authorit
Amendment 230 #
Proposal for a regulation Recital 32 (32) Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information to the competent authorities when it considers that products made with forced labour are placed and made available on the Union market and to be informed of the outcome of the assessment of their submission. Submissions should be addressed to one or more competent authorities. Adequate protection measures should be put in place to ensure the safety of any person associated with the submission or the information contained within it, including from retaliation and reprisals. To ensure ease of use for the submission of information and the standardisation of the information provided, the Commission should set up a user-friendly mechanism for the submission of information, available in all official languages of the institutions of the Union, and free of charge. Substantive and detailed information about claims submitted should be made immediately available to any economic operators concerned, while safeguarding the identities of the natural or legal persons involved in the submission.
Amendment 231 #
Proposal for a regulation 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 Commission or to competent authorities when it considers that products made with forced labour are placed and made available on the Union market and to be informed of the outcome of the assessment of their submission.
Amendment 232 #
Proposal for a regulation Recital 32 (32) Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information to the competent authorities when it considers that products made with forced labour are placed and made available on the Union market and to be informed of the outcome of the assessment of their submission. Submissions should be addressed to one or more competent authorities. Adequate protection measures should be put in place to ensure the safety of any person associated with the submission or the information contained within it, including from retaliation and reprisals. To ensure ease of use for the submission of information and the standardisation of the information provided, the Commission should set up a centralised mechanism for the submission of information, available in all official languages of the institutions of the Union as well as relevant other languages, and free of charge, and ensure that it is user-friendly.
Amendment 233 #
Proposal for a regulation Recital 32 (32) Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information to the competent authorities when it considers that products made with forced labour are placed and made available on the Union market and to be informed of the outcome of the assessment of their submission. Submissions should be addressed to one or more national competent authority. Adequate protection measures should be put in place to ensure the safety of any person associated with the submission or the information contained within it, including from retaliation and reprisals. To ensure ease of use for the submission of information and the standardization of the information provided, the Commission should set up a mechanism for the submission of information, available in all EU official languages and free of charge, and ensure its user-friendliness.
Amendment 234 #
Proposal for a regulation 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
Amendment 235 #
Proposal for a regulation 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, through a designated webportal at Union level, when it considers that products made with forced labour are placed and made available on the Union market and to be informed of the outcome of the assessment of their submission.
Amendment 236 #
Proposal for a regulation 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 authorit
Amendment 237 #
Proposal for a regulation Recital 32 a (new) (32a) The role of customs authorities is essential to the proper application of this Regulation. Member States shall provide them with sufficient human and financial resources to carry out their task of eradicating products derived from forced labor within the internal market.
Amendment 238 #
Proposal for a regulation Recital 33 (33) The Commission should 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
Amendment 239 #
Proposal for a regulation Recital 33 (33) The Commission should 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, in particular taking into account the specific nature of food products. 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’
Amendment 240 #
Proposal for a regulation Recital 33 (33) The Commission should issue guidelines in order to facilitate the implementation of the prohibition by economic operators, with a specific attention for SMEs, relevant stakeholders 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 241 #
Proposal for a regulation Recital 33 (33) The Commission should 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 Commission and 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 242 #
Proposal for a regulation Recital 33 (33) The Commission should issue guidelines in order to facilitate the implementation of the prohibition by
Amendment 243 #
Proposal for a regulation Recital 33 (33) The Commission should issue guidelines in order to facilitate the implementation of the prohibition by economic operators and the competent authorit
Amendment 244 #
Proposal for a regulation Recital 34 (34) Decisions of the competent authorities establishing a violation of the prohibition should be communicated to customs authorities, who should aim at identifying the product concerned amongst products declared for release for free circulation or export. The Commission and Member States shall ensure that the Customs authorities have sufficient resources to carry out these controls. The competent authorities should be responsible for the overall enforcement of the prohibition with regard to the internal market as well as products entering or leaving the Union market. Since forced labour is part of the manufacturing process and does not leave any trace on the product, and Regulation (EU) 2019/1020 covers only manufactured products and its scope is limited to release for free circulation, the customs authorities would be unable to act autonomously under Regulation (EU) 2019/1020 for the application and enforcement of the prohibition. The specific organisation of controls of each Member State should be without prejudice to Regulation (EU) No 952/2013 of the European Parliament and of the Council32 and its general provisions on the control and supervisory powers of
Amendment 245 #
Proposal for a regulation Recital 34 (34) Decisions of the Commission and competent authorities establishing a violation of the prohibition should be communicated to customs authorities, who should aim at identifying the product concerned amongst products declared for release for free circulation or export. The competent authorities should be responsible for the overall enforcement of the prohibition with regard to the internal market as well as products entering or leaving the Union market. Since forced labour is part of the manufacturing process, packaging, transport, distribution and storage and does not leave any trace on the product, and Regulation (EU) 2019/1020 covers only manufactured products and its scope is limited to release for free circulation, the customs authorities would be unable to act autonomously under Regulation (EU) 2019/1020 for the application and enforcement of the prohibition. The specific organisation of controls of each Member State should be without prejudice to Regulation (EU) No 952/2013 of the European Parliament and of the Council32and its general provisions on the control and supervisory powers of
Amendment 246 #
Proposal for a regulation Recital 34 (34) Decisions of the Commission and competent authorities establishing a violation of the prohibition should be communicated to customs authorities, who should aim at identifying the product concerned amongst products declared for release for free circulation or export. The competent authorities should be responsible for the overall enforcement of the prohibition with regard to the internal market as well as products entering or leaving the Union market. Since forced labour is part of the manufacturing process and does not leave any trace on the product, and Regulation (EU) 2019/1020 covers only manufactured products and its scope is limited to release for free circulation, the customs authorities would be unable to act autonomously under Regulation (EU) 2019/1020 for the application and enforcement of the prohibition. The specific organisation of controls of each Member State should be without prejudice to Regulation (EU) No 952/2013 of the European Parliament and of the Council32and its general provisions on the control and supervisory powers of
Amendment 247 #
Proposal for a regulation Recital 34 (34) Decisions of the competent authorit
Amendment 248 #
Proposal for a regulation Recital 35 (35) The information currently made available to customs authorities by economic operators includes only general information on the products but lacks information on the manufacturer or producer and product suppliers as well as specific information on products. In order for customs authorities to be able to identify products entering or leaving the Union market that may violate the Regulation and should accordingly be stopped at the EU external borders, economic operators should submit to customs authorities information allowing matching a decision of the competent authorities with the product concerned. This should include information on the manufacturer or producer and the product suppliers as well as any other information on the product itself. To this end, the Commission should be empowered to adopt delegated acts identifying the products for which such information should be provided using, amongst others, the database established under this Regulation as well as the information and decisions of the competent authorities encoded in the information and communication system set out in Article 34
Amendment 249 #
Proposal for a regulation Recital 35 (35) The information currently made available to customs authorities by economic operators includes only general
Amendment 250 #
Proposal for a regulation Recital 35 (35) The information currently made available to customs authorities by economic operators includes only general information on the products but lacks information on the manufacturer or producer and product suppliers as well as specific information on products. In order for customs authorities to be able to identify products entering or leaving the Union market that may violate the Regulation and should accordingly be stopped at the EU external borders, economic operators should submit to customs authorities information allowing matching a decision of the competent authorit
Amendment 251 #
Proposal for a regulation Recital 36 (36) Customs authorities that identify a product that may be covered by a decision communicated by competent authorities establishing a violation of the prohibition, or by the Commission establishing a presumption, should suspend the release of that product and notify the competent authorities or the Commission immediately. Competent authorities or the Commission should
Amendment 252 #
Proposal for a regulation Recital 36 (36) Customs authorities that identify a product that may be covered by a decision communicated by competent authorities establishing a violation of the prohibition should suspend the release of that product and notify the competent authorities immediately. Competent authorities should reach a conclusion within a reasonable timeframe on the case notified to them by the customs authorities, either by confirming or by denying that the product concerned is covered by a decision or still under investigation. Where necessary the competent authorities should be authorised to require maintaining the suspension of its release. In the absence of a conclusion by competent authorities
Amendment 253 #
Proposal for a regulation Recital 36 (36) Customs authorities that identify a product that may be covered by a decision communicated by competent authorities establishing a violation of the prohibition should suspend the release of that product and notify the competent authorities immediately. Competent authorities should reach a conclusion within a clearly specified, reasonable timeframe on the case notified to them by the customs authorities, either by confirming or by denying that the product concerned is covered by a decision. Where necessary the competent authorities should be authorised to require maintaining the suspension of its release. In the absence of a conclusion by competent authorities within the specified time limit, customs authorities should release the products if all other applicable requirements and formalities are fulfilled. Generally, the release for free circulation or export should also not be deemed to be proof of compliance with Union law, since such a release does not necessarily include a complete control of such compliance.
Amendment 254 #
Proposal for a regulation Recital 36 (36) Customs authorities that identify a product that may be covered by a decision communicated by the competent authorit
Amendment 255 #
Proposal for a regulation Recital 37 (37) Where the competent authorities conclude that a product corresponds to a
Amendment 256 #
Proposal for a regulation Recital 37 (37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, they should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be recycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management
Amendment 257 #
Proposal for a regulation Recital 37 (37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, they should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management, which excludes re-export in case of non-Union goods. The competent authorities must take into account the specific nature of food products when they are disposed of in order to prevent food waste and losses.
Amendment 258 #
Proposal for a regulation Recital 37 (37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, they should immediately inform customs authorities which should
Amendment 259 #
Proposal for a regulation Recital 37 (37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, they should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be d
Amendment 260 #
Proposal for a regulation Recital 37 (37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, they should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be recycled, and if that is not possible, the product should be destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management, which excludes re-export in case of non-Union goods.
Amendment 261 #
Proposal for a regulation Recital 37 (37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, they should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be recycled, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management, which excludes re-export in case of non-Union goods.
Amendment 262 #
Proposal for a regulation Recital 37 (37) Where the competent authorit
Amendment 263 #
Proposal for a regulation Recital 37 a (new) (37a) The Commission should take into due consideration the risk of disengagement by economic operators who are either related to products, regions or production sites in the data base, or who have had their product removed from the Union market, as well as the consequences on affected workers. The Commission should therefore, where appropriate, support economic operators in adopting and carrying out measures suitable and effective for bringing forced labour to an end.
Amendment 264 #
Proposal for a regulation Recital 39 (39) A uniform enforcement of the prohibition as regards products entering or leaving the Union market can only be achieved through systematic exchange of information and cooperation amongst competent authorities, customs authorities and the Commission. This cooperation should be coordinated by the Commission.
Amendment 265 #
Proposal for a regulation Recital 39 (39) A uniform enforcement of the prohibition as regards products entering or leaving the Union market can only be achieved through systematic exchange of information and cooperation among
Amendment 266 #
(40) For the collection, processing and storage of information, in a structured form, on issues relating to the enforcement of the prohibition, the competent authorit
Amendment 267 #
Proposal for a regulation Recital 41 (41) In order to optimise and unburden the control process of products entering or leaving the Union market, it is necessary to allow for an automated data transfer between the ICSMS and customs systems. Three different data transfers should be distinguished in view of their respective purposes. Firstly, decisions establishing a violation of the prohibition should be communicated from the ICSMS to the Electronic Customs Risk Management System (CRMS) referred to in Article 36 of Commission Implementing Regulation (EU) 2015/244733, without prejudice to any future evolution of the customs risk management environment, for use by customs authorities to identify products that may correspond to such a decision. The available interfaces of the customs environment should be used for those first data transfers. Secondly, where customs authorities identify such a product, case management will be necessary to, among others, transfer the notification of the
Amendment 268 #
Proposal for a regulation Recital 42 Amendment 269 #
Proposal for a regulation Recital 42 (42) To ensure effective enforcement decisions taken by the Commission or a competent authority in one Member State should be recognised and enforced by competent authorities in the other Member States regarding products with the same identification from the same supply chain from the same production site, company, group of companies or region for which forced labour has been found.
Amendment 270 #
Proposal for a regulation Recital 42 (42) To ensure effective enforcement decisions taken by the Commission or a competent authority in
Amendment 271 #
Proposal for a regulation Recital 42 (42) To ensure effective enforcement decisions taken by a competent authority in one Member State should be recognised and enforced by competent authorities in the other Member States regarding products with the same identification from the same
Amendment 272 #
Proposal for a regulation Recital 42 a (new) (42a) With acknowledgment of current developments in traceability technology and the use of blockhain to facilitate monitoring of supply chains, the Commission should support economic operators in the uptake of such technology, including through financial and technical assistance.
Amendment 273 #
Proposal for a regulation Recital 44 Amendment 274 #
Proposal for a regulation 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. 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, facilitate capacity building activities and, where appropriate, with the authorities of third countries involved or Commission representation offices, support advertisment campaigns and foresee trainings to inform workers of their rights. That administrative support structure should allow the pooling of resources and maintain a communication and information system between Member States and the Commission, thereby helping to strengthen the enforcement of the prohibition.
Amendment 275 #
Proposal for a regulation 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 Commission, competent authorities of the Member States and, where appropriate, experts from customs authorities, and the Commission. That network should also aim at streamlining
Amendment 276 #
Proposal for a regulation 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, civil society representatives and human rights defenders. 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 helping to strengthen the enforcement of the prohibition.
Amendment 277 #
Proposal for a regulation Recital 44 (44) To ensure effective enforcement of the prohibition, it is necessary to establish a centralised complaint mechanism at EU level as well as 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. 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 helping to strengthen the enforcement of the prohibition.
Amendment 278 #
Proposal for a regulation 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,
Amendment 279 #
Proposal for a regulation 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
Amendment 280 #
Proposal for a regulation Recital 44 a (new) (44a) The Commission should ensure the effective and uniform application of this Regulation and to that effect support and encourage cooperation between enforcement authorities through the Network. Furthermore, the Commission should set up a harmonised approach for penalties, and, in particular, it should lay down harmonised rules on penalties applicable to non-compliance with the decision of competent authorities.
Amendment 281 #
Proposal for a regulation Recital 44 a (new) (44a) The Commission should ensure the effective and uniform application of this Regulation and to that effect support and encourage cooperation between enforcement authorities through the Network. Furthermore, the Commission should set up a harmonised approach for penalties, in particular lay down harmonised rules on penalties applicable to non-compliance with the decision of competent authorities.
Amendment 282 #
Proposal for a regulation 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 to create enabling environments to promote and protect human rights, including capacity building to support workers and local communities in their efforts to root out forced labour from global supply chains and 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 Commission should further integrate this Regulation with existing trade measures such as free trade agreements and the Generalised Scheme of Preferences, to enhance the cumulative effect of EU trade measures in eradicating forced labour. This means that in the case where a product has been found to have forced labour, it cannot qualify for GSP tariff reduction. Furthermore, if third country authorities are found to be non-cooperative, or not taking measures to end forced labour within their national borders, the Commission should evaluate whether they should benefit from existing GSP trade facilitation. The Commission should ensure coherence and synergies between relevant external policies, in particular development cooperation and projects focusing on the eradication of forced labour.
Amendment 283 #
Proposal for a regulation 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 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. Existing dialogue structures with third countries include the (sub)committees on trade and sustainable development in trade agreements or the dialogue foreseen within the Generalised System of Preferences. EU Delegations should have an important role when it comes to disseminating information on this Regulation and should facilitate the possibility of third parties in third countries to provide information on the existence of forced labour on a determined product.
Amendment 284 #
Proposal for a regulation 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 and increase efforts to tackle root causes of forced labour. The Commission should as appropriately cooperate with and exchange information with authorities of third 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, or, if necessary, specific ones that will be created on an ad hoc basis. The EU delegations shall have a central role within the aim of effectively eradicating forced labour as well as for dissemination information about this Regulation and about the possibility of third parties to provide information on the existence of forced labour on a determined product.
Amendment 285 #
Proposal for a regulation Recital 45 (45) Since forced labour is a global problem and given the interlinkages of the global
Amendment 286 #
Proposal for a regulation Recital 45 (45) Since forced labour is a global problem and given the interlinkages of the global
Amendment 287 #
Proposal for a regulation Recital 48 (48) In order to ensure that the customs authorities are provided with all the necessary information about the product to act effectively, including the information identifying the relevant product, information about the manufacturer or the producer and information about the product suppliers as regards products entering or leaving the Union market, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission. Customs authorities need to be enabled to obtain information rapidly on specific products, identified in the decisions of the competent authorit
Amendment 288 #
Proposal for a regulation Recital 48 a (new) (48a) In light of the absence of an impact assessment accompanying the Commission's proposal on this Regulation, the Commission should evaluate and publish report on the impact of this Regulation on internal market, competitiveness, consumers and the EU and national budgets. This evaluation should employ specific indicators to assess its effectiveness, efficiency, and overall impact.
Amendment 289 #
Proposal for a regulation Recital 48 a (new) (48a) No later than three years after the entry into force, the Commission should carry out a first review of this Regulation with particular attention to the effectiveness of the instrument, proposing additional measures where deemed appropriate.
Amendment 290 #
Proposal for a regulation Recital 49 a (new) Amendment 291 #
Proposal for a regulation 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. This Regulation contributes to the fight against forced labour and promotes corporate sustainability due diligence standards.
Amendment 292 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation lays down rules: a) prohibiting economic operators from importing, placing and making available on the Union market or exporting from the Union market products made with forced labour, and b) rules for economic operators to remedy victims of forced labour.
Amendment 293 #
Proposal for a regulation 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, stored, transported, packaged or distributed with forced labour.
Amendment 294 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation lays down rules
Amendment 295 #
Proposal for a regulation 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 or services made with forced labour.
Amendment 296 #
Proposal for a regulation Article 1 – paragraph 1 a (new) 1a. This Regulation shall only apply to economic operators and product areas referred to in Article 3 of the Directive (XXX) on Corporate Sustainability Due Diligence. This Regulation shall not apply to economic operators or product areas where Member States lay down, in their national laws, provisions diverging from Article 3 of the Directive (XXX) on Corporate Sustainability Due Diligence.
Amendment 297 #
Proposal for a regulation Article 1 – paragraph 1 a (new) 1a. This Regulation lays down rules for remedial obligations for economic operators for cases where forced labour has been established.
Amendment 298 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall not cover the withdrawal of products which have reached the end-users in the Union market, or been transformed or integrated into another product and constitute minor component of the final product.
Amendment 299 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall not cover the
Amendment 300 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall not cover the withdrawal of products or services which have reached the end-users in the Union market.
Amendment 301 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall not cover the withdrawal of products which have reached the
Amendment 302 #
Proposal for a regulation Article 1 – paragraph 2 a (new) 2a. This Regulation shall apply only to economic operators defined in Article 2 of the Directive (EU) [XXX/XXX] on Corporate Sustainability Due Diligence.
Amendment 303 #
Proposal for a regulation Article 1 – paragraph 2 a (new) 2a. This Regulation shall apply to economic operators as defined in Article 2 of the Directive (EU) [XXX/XXX] on Corporate Sustainability Due Diligence.
Amendment 304 #
Proposal for a regulation Article 1 a (new) Article1a Scope This Regulation shall apply to the economic operators and product areas covered in Article 3 of the Directive (XXX) on Corporate Sustainability Due Diligence.
Amendment 305 #
Proposal for a regulation Article 2 – paragraph 1 – point b a (new) (ba) ‘forced labour high risk area’ means countries or regions where there is clear and reliable evidence of state- imposed forced labour, in an entire product group in a specific industry.
Amendment 306 #
Proposal for a regulation 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
Amendment 307 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement mandatory requirements, voluntary guidelines, recommendations or practices to identify, prevent, mitigate or 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;
Amendment 308 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) ‘due diligence in relation to forced labour’ means the
Amendment 309 #
(ca) ‘remediation’ means measures aiming to improve conditions for workers and affected victims of forced labour.These include evidence of one or more of the following: i) financial and non-financial compensation, including compensation based on the duration and extent of forced labour and any harms suffered; ii) restitution for the victims, including restoring relevant documents such as visas and work permits, and returning their passport; iii) rehabilitation; iv) preventive measures and guarantees of non-reoccurrence of forced labour;and where it is accompanied by one or more of the above measures, apologies; v) other remediation measures as agreed on by the economic operators and affected workers and stakeholders.
Amendment 310 #
Proposal for a regulation Article 2 – paragraph 1 – point c a (new) (ca) ‘bring to an end the use of forced labour’ means effective measures to address the root causes of forced labour affecting a specific supplier that supplies the economic operator that places or makes available in EU market; bringing to an end the use of forced labour shall not mean disengagement as first resort;
Amendment 311 #
Proposal for a regulation Article 2 – paragraph 1 – point c a (new) (ca) ‘value chain’ means activities related to the production of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company;
Amendment 312 #
Proposal for a regulation Article 2 – paragraph 1 – point c b (new) (cb) 'root causes of forced labour' means the causes leading to economic exploitation, poverty, systemic discrimination, and lack of regular and decent labour migration pathways at the level of a country or region. At the level of an economic operator, it includes prices below the cost of production, the lack of living incomes and living wages as well as unfair purchasing practices.
Amendment 313 #
Proposal for a regulation Article 2 – paragraph 1 – point c b (new) (cb) ‘root causes of forced labour’ means the multi-faceted fundamental reasons for the occurrence of forced labour; this shall particularly look into exploitation, poverty, migration, prices below cost of production, lack of living incomes and living wages and unfair purchasing practices;
Amendment 314 #
Proposal for a regulation Article 2 – paragraph 1 – point c c (new) (cc) ‘stakeholders’ means: i) workers and other individuals, groups, communities, trade unions, worker representatives or entities whose rights or interests are or could be affected by forced labour as used by an economic operator, its subsidiaries or its business relationships; ii) other legal or natural persons defending human rights, including individuals, groups and organs of society that promote and protect universally recognised human rights and fundamental freedoms and labour conventions, including the rights of workers, trade unions, indigenous peoples or other vulnerable stakeholders;and (iii) organisations whose statutory purpose is the defence of human rights;
Amendment 315 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) ‘making available on the market’ means placing a product under the customs procedure release for free circulation in the Union or any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge and in the case where the product is offered for sale online or through other means of distance sales, the making available on the market is deemed to take place when the offer for sale is targeted at users in the Union;
Amendment 316 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) ‘making available on the market’ means any supply of a raw or processed product for storage, distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge and in the case where the product is offered for sale online or through other means of distance sales, the making available on the market is deemed to take place when the offer for sale is targeted at users in the Union;
Amendment 317 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) ‘making available on the market’ means any import or supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge and in the case where the product is offered for sale online or through other means of distance sales, the making available on the market is deemed to take place when the offer for sale is targeted at users in the Union;
Amendment 318 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) ‘making available on the market’ means any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge and in the case where the product is offered for sale online or through other means of distance sales, the making available on the market is deemed to take place when the offer for sale is targeted at end-users in the Union;
Amendment 319 #
Proposal for a regulation 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
Amendment 320 #
Proposal for a regulation 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
Amendment 321 #
Proposal for a regulation 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
Amendment 322 #
Proposal for a regulation 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
Amendment 323 #
Proposal for a regulation 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, both offline and online, whether it is extracted, harvested, produced or manufactured, including working, refining or processing related to a product at any stage of its supply chain;
Amendment 324 #
Proposal for a regulation 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, including working or processing related to a product at any stage of its supply chain but excluding services;
Amendment 325 #
Proposal for a regulation 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, including working or processing related to a product at any stage of its
Amendment 326 #
Proposal for a regulation 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, transport, packaging or distribution, including working or processing related to a product at any stage of its supply chain;
Amendment 327 #
Proposal for a regulation 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
Amendment 328 #
Proposal for a regulation 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
Amendment 329 #
Proposal for a regulation 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
Amendment 330 #
Proposal for a regulation 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
Amendment 331 #
Proposal for a regulation 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
Amendment 332 #
Proposal for a regulation 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, including working or processing related to a product at any stage of its
Amendment 333 #
Proposal for a regulation Article 2 – paragraph 1 – point g a (new) (ga) 'high-risk product' means a product that is likely to have been made with forced labour, based on reliable evidence of the widespread and systematic use of forced labour in both the geographical area and the sector from which it originates, or the systematic use of forced labour by its manufacturer or producer.
Amendment 334 #
Proposal for a regulation Article 2 – paragraph 1 – point h (h) ‘economic operator’ means any
Amendment 335 #
Proposal for a regulation Article 2 – paragraph 1 – point h (h) ‘economic operator’ means a
Amendment 336 #
Proposal for a regulation 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 337 #
Proposal for a regulation Article 2 – paragraph 1 – point h (h) ‘economic operator’ means any natural or legal person or association of persons who is placing or making available products or services on the Union market or exporting products or services;
Amendment 338 #
Proposal for a regulation 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 a product in whole or
Amendment 339 #
Proposal for a regulation 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
Amendment 340 #
Proposal for a regulation 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
Amendment 341 #
Proposal for a regulation 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
Amendment 342 #
Proposal for a regulation 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 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, but excluding services;
Amendment 343 #
Proposal for a regulation Article 2 – paragraph 1 – point k (k) ‘product supplier’ means any natural or legal person or association of persons in the
Amendment 344 #
Proposal for a regulation Article 2 – paragraph 1 – point m a (new) (ma) 'vulnerable stakeholders’ means individuals and right-holders groups finding themselves in marginalised situations and situations of vulnerability, due to specific contexts or intersecting factors, including among others their sex, gender, age, race, ethnicity, class, indigenous identity, migration status, disability, as well as social and economic status, which are the causes of differentiated and often disproportionate adverse impacts, and creates discrimination and additional barriers to participation and access to justice;
Amendment 345 #
Proposal for a regulation Article 2 – paragraph 1 – point m a (new) (ma) ‘end user’ means any natural or legal person residing or established in the Union, to whom a product has been made available either as a consumer outside of any trade, business, craft or profession or as a professional end user in the course of its industrial or professional activities;
Amendment 346 #
Proposal for a regulation Article 2 – paragraph 1 – point m a (new) (ma) ‘end user’ means any natural or legal person in the Union, to whom a product has been made available either as a consumer or as a professional, business to business end user in relation to its industrial or professional activities;
Amendment 347 #
Proposal for a regulation Article 2 – paragraph 1 – point m b (new) (mb) 'supply chain' means the activities of a company’s upstream business partners related to the production of goods by the company, including the design, extraction, manufacture and supply of raw materials, products or parts of the products and development of the product;
Amendment 348 #
Proposal for a regulation Article 2 – paragraph 1 – point n (n) ‘substantiated concern’ means a well-founded reason, based on objective and verifiable information, for the competent authorit
Amendment 349 #
Proposal for a regulation Article 2 – paragraph 1 – point n (n)
Amendment 350 #
Proposal for a regulation Article 2 – paragraph 1 – point n (n) ‘substantiated concern’ means a well-founded, yet not conclusive, reason, based on objective and verifiable information, for the competent authorities to suspect that products were likely made with forced labour;
Amendment 351 #
Proposal for a regulation Article 2 – paragraph 1 – point n (n) ‘substantiated concern’ means a well-founded reason, evidence or proof, based on objective and verifiable information, for the competent authorities to suspect that products were likely made with forced labour;
Amendment 352 #
Proposal for a regulation Article 2 – paragraph 1 – point n (n) ‘substantiated concern’ means a well-founded reason, based on objective, factual and verifiable information, for the competent authorities to suspect that products were likely made with forced labour;
Amendment 353 #
Proposal for a regulation 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
Amendment 354 #
Proposal for a regulation Article 2 – paragraph 1 – point p (p) ‘products entering the Union market’ means products from third countries and Union Member States intended to be placed on the Union market or intended for private use or consumption within the customs territory of the Union and placed under the customs procedure ‘release for free circulation’;
Amendment 355 #
Proposal for a regulation Article 2 – paragraph 1 – point r – point 1 (new) 1) 'supply chain' means the network of organizations that cooperate to transform raw materials into finished goods (including the extraction, harvest, production or manufacturing)
Amendment 356 #
Proposal for a regulation Article 2 – paragraph 1 – point s a (new) (sa) 'mass balance model' means a chain of custody model in which materials or products with a set of specified characteristics are mixed according to defined criteria with materials or products without that set of characteristics;
Amendment 357 #
Proposal for a regulation Article 2 – paragraph 1 – point u a (new) (ua) ‘root causes of forced labour’, for the purposes of this Regulation, means at the level of a country or region, the issues of economic exploitation, poverty, systemic discrimination, lack of regular and decent labour migration pathways among others. At the level of an economic operator, it includes prices below cost of production, lack of living incomes and living wages and more generally any unfair purchasing practices;
Amendment 358 #
Proposal for a regulation Article 2 – paragraph 1 – point u a (new) (ua) 'meaningful engagement with stakeholders' means an interactive, responsive, ongoing and gender-inclusive process of engagement with potentially affected suppliers, stakeholders and their representative organisations, especially vulnerable stakeholders, such as workers, trade unions, smallholders, indigenous peoples and local communities before a potential decision on disengaging is made;
Amendment 359 #
Proposal for a regulation Article 2 – paragraph 1 – point u a (new) (ua) “end-user” means any natural or legal person, to whom the product in question has been made available either as a consumer outside of any commercial activity or as a professional in the course of its industrial or professional activities;
Amendment 360 #
Proposal for a regulation Article 2 – paragraph 1 – point u b (new) (ub) ‘meaningful engagement with workers and 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 NGOs and local communities, with particular attention to vulnerable stakeholders, such as workers who are undocumented or in the irregular economy, smallholders, and indigenous peoples;
Amendment 361 #
Proposal for a regulation Article 2 – paragraph 1 – point u b (new) (ub) “SME” means any micro, small or medium-sized enterprises as defined in the Commission Recommendation 2003/361/EC of 6 May 2023 concerning the definition of micro, small and medium-sized enterprises;
Amendment 362 #
Proposal for a regulation Article 2 – paragraph 1 – point u c (new) (uc) 'forced labour risk areas' means those countries or regions where there is evidence of wide-spread and/or systemic forced labour, including state-imposed forced labour, in an entire product group in a specific industry;
Amendment 363 #
Proposal for a regulation Article 2 – paragraph 1 – point u d (new) (ud) 'stakeholders' means: (i) (vulnerable) workers who might be impacted by the product ban; ii) other third parties with legitimate interest or whose rights or interests are or could be affected, such as communities, as well as civil society actors including trade unions, workers (self) organisations and NGOs;other legal or natural persons defending human rights (‘human rights defenders’), including individuals, groups and organs of society that promote and protect universally recognised human rights and fundamental freedoms and labour conventions, indigenous peoples or other vulnerable stakeholders;and iii) organisations whose statutory purpose is the defence of human rights;
Amendment 587 #
Proposal for a regulation Article 9 – title Information obligations of the competent authorit
Amendment 588 #
Proposal for a regulation Article 9 – paragraph 1 – introductory part 1. The competent authority shall without delay inform the
Amendment 589 #
Proposal for a regulation Article 9 – paragraph 1 – point a (a) any decision not to initiate an investigation following a
Amendment 590 #
Proposal for a regulation Article 9 – paragraph 1 – point a (a) any decision not to initiate an investigation following
Amendment 591 #
Proposal for a regulation Article 9 – paragraph 1 – point c (c) any decision to prohibit placing and making available of the products or services on the market and their export, as well as to order the withdrawal of the products or services already placed or made available on the market and their disposal referred to in Article 6(4);
Amendment 592 #
Proposal for a regulation Article 9 – paragraph 1 – point c (c) any decision to prohibit storing, placing and making available of the products on the market and their export, as well as to order the withdrawal of the products already stored, placed or made available on the market and their disposal referred to in Article 6(4);
Amendment 593 #
Proposal for a regulation Article 9 – paragraph 1 – point c (c) any decision to prohibit placing and making available of the products on the market and their export, as well as to order the withdrawal of the products already placed or made available on the market and their recycling or disposal referred to in Article 6(4);
Amendment 594 #
Proposal for a regulation Article 9 – paragraph 1 – point g a (new) (ga) any court decision to annul competent authority decision referred to in Article 8(5);
Amendment 595 #
Proposal for a regulation Article 9 – paragraph 1 a (new) 1a. The Commission shall without delay inform the competent authorities of Member States using the information and communication system referred to in Article 22(1) about the following: (a) any decision to establish a presumption of forced labour referred to in Article 8a; (b) any decision to prohibit the placing and making available of the products on the market and their export referred to in Article 19a(5);
Amendment 596 #
Proposal for a regulation Article 9 – paragraph 2 2. The Commission shall make available the decisions, and the withdrawals referred to in the paragraph 1, points (c), (d), (e) and (g) on a dedicated public website. It shall also make the motives for a decision under point (a) public without revealing the identity of the economic operator.
Amendment 597 #
2. The Commission shall make available the decisions, and the withdrawals referred to in the paragraph 1, points (c), (d), (e) and (g) on a dedicated public website.
Amendment 598 #
Proposal for a regulation Article 9 – paragraph 2 2. The Commission shall make available the decisions, and the withdrawals referred to in the paragraph 1, points (c), (d), (e), (g) and (ga) on a dedicated website.
Amendment 599 #
Proposal for a regulation Article 9 – paragraph 2 2. The Commission shall make available the decisions, and the withdrawals referred to in the paragraph 1, points (c),
Amendment 600 #
Proposal for a regulation Article 9 – paragraph 2 a (new) 2a. The Commission shall without delay inform any affected economic operators and third country authorities, of actions taken or not taken under this paragraph.
Amendment 601 #
Proposal for a regulation Article 10 – paragraph 1 1.
Amendment 602 #
Proposal for a regulation Article 10 – paragraph 1 1. Submissions of information by any natural or legal person or any association not having legal personality, to competent authorities on alleged violations of Article 3 shall contain information on the economic operators or products concerned and provide the reasons substantiating the allegation. Submissions shall be addressed to one or more national competent authorities.
Amendment 603 #
Proposal for a regulation Article 10 – paragraph 1 1. Submissions of information by any natural or legal person or any association not having legal personality, to competent authorities on alleged violations of Article 3 shall contain information on the economic operators or products concerned and provide the
Amendment 604 #
Proposal for a regulation Article 10 – paragraph 1 1. Submissions of information by any natural or legal person or any association not having legal personality, to the competent authorit
Amendment 605 #
Proposal for a regulation Article 10 – paragraph 1 a (new) 1a. The Commission shall establish a centralised complaint mechanism to receive complaints and information regarding alleged or suspected forced labour, taking place within or outside the EU, from any natural or legal person, including workers or others affected or potentially affected by forced labour, civil society organisations including trade unions, affected communities, and any other individual or group that may have information regarding goods which are alleged or suspected to be made by forced labour.
Amendment 606 #
Proposal for a regulation Article 10 – paragraph 1 a (new) 1a. Member States shall ensure that competent authorities are able to dismiss manifestly unfounded cases at the earliest possible stage of the investigation in accordance with national law and that the person submiting the information of manifestly unfounded cases could be held liable for damages including the reputational risks associated with dissemination of unfounded information.
Amendment 607 #
Proposal for a regulation Article 10 – paragraph 1 a (new) 1a. Submissions of information and complaints on alleged violations of Article 3 shall contain information on the economic operators or products concerned and provide the reasons substantiating the allegation. Submissions may be addressed to the Commission or one or more competent authorities. The Commission shall receive a copy of submissions received by competent authorities.
Amendment 608 #
Proposal for a regulation Article 10 – paragraph 1 a (new) 1a. The Commission shall set up a mechanism for the submission of information pursuant to paragraph 1. This mechanism shall be available in all official languages of the institutions of the Union, and it shall be user friendly and free of charge.
Amendment 609 #
Proposal for a regulation Article 10 – paragraph 1 a (new) 1a. The Commission shall make available a dedicated, centralised webportal for submissions of information referred to in paragraph 1.
Amendment 610 #
Proposal for a regulation Article 10 – paragraph 1 b (new) 1b. Complaints may be lodged anonymously. Competent authorities shall ensure the protection of persons at risk of threats or reprisals as a result of having shared information in relation to products made using forced labour. Whistleblowers, workers, trade unions, civil society organisations, small economic operators within the supply chain, and others who address cases of forced labour who face threats or reprisals as a result of having shared information in relation to the objectives or implementation of this Regulation shall be eligible for support, including financial, legal aid and or physical protection as appropriate.
Amendment 611 #
Proposal for a regulation Article 10 – paragraph 1 b (new) 1b. Complaints may be lodged anonymously. The Commission and competent authorities shall ensure that the mechanism is designed so that victims or witnesses of forced labour may lodge complaints without fearing retaliation of any sort, without prejudice to Directive 2004/81/EC, Directive 2009/52/EC, Directive 2011/36/EU and Directive 2012/29/EU. These rights should not be made conditional on the affected workers’ residence status, or on their citizenship or nationality.
Amendment 612 #
Proposal for a regulation Article 10 – paragraph 1 c (new) 1c. The Commission shall determine the rules and procedure to assign complaints to the competent authorities. These rules will take into account the specificities of the complaint, the domicile of the economic operator and the capacities of the competent authorities in concerned Member States. The Commission may retain the power to investigate.
Amendment 613 #
Proposal for a regulation Article 10 – paragraph 2 2. The competent authority shall, as soon as possible, diligently and impartially assess the information, including whether the claims are well-founded and, inform the person or association referred to in paragraph 1 of the outcome of the assessment of their submission.
Amendment 614 #
Proposal for a regulation Article 10 – paragraph 2 2. The competent authority shall, as soon as possible, inform the person or association referred to in paragraph 1 a of the outcome of the assessment of their submission or complaint as well as the decision referred to in Article 9 a.
Amendment 615 #
Proposal for a regulation Article 10 – paragraph 2 a (new) 2a. The competent authority shall, as soon as possible, inform the economic operator about the the submission, and the substantive detail therein.
Amendment 616 #
Proposal for a regulation Article 10 – paragraph 2 a (new) 2a. The Commission shall, as soon as possible, inform the authorities of the country where the forced labour was identified.
Amendment 617 #
Proposal for a regulation Article 10 – paragraph 3 a (new) Amendment 618 #
Proposal for a regulation Article 10 a (new) Article10a Remediation 1. The Commission, after consulting the competent authorities, shall ensure access to remedy and effective remediation to victims with ad-hoc funds or through disposition within preferential trade agreement with third countries concerned whenever violations of Article 3 occur. 2. Member States shall ensure access to remedy and effective remediation to victims whenever violations of Article 3 fall under the scope of their territory and/or jurisdiction. 3. Competent authorities should determine, in consultation with relevant stakeholders, such as trade unions and non-governmental organization, as well as with social partners and international organizations, the appropriate remediation, prevention of future reoccurrence and financial or non- financial compensation measures. 4. Competent authorities and the Network shall engage with relevant stakeholders, including persons that have been or are at risk of being subjected to forced labour and their representatives, prior to lifting any prohibition.
Amendment 619 #
Proposal for a regulation Article 11 – title Database of forced labour risk areas
Amendment 620 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific production sites, geographic areas or with respect to specific products and services 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
Amendment 621 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall call upon external expertise to provide an
Amendment 622 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas, sectors or with respect to specific products including with regard to forced labour imposed by state authorities. The database shall include a list of forced labour high risk areas and 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. Special attention will be paid to countries showing no or insignificant progress with respect to the elimination of forced child labour, the implementation of the 182 ILO Convention and other relevant conventions and protocols.
Amendment 623 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas or with respect to specific products or services 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
Amendment 624 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas or with respect to specific products including with regard to forced labour imposed by state authorities. The database 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 as well as relevant experience from implementing Union law setting out due diligence requirements with respect to forced labour.
Amendment 625 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall
Amendment 626 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall call upon external expertise and all relevant stakeholders to provide an indicative, non- exhaustive, verifi
Amendment 627 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas or production sites 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.
Amendment 628 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas or with respect to specific products including with regard to forced labour imposed by state authorities. The database 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, civil society, international organisations and third country authorities.
Amendment 629 #
Proposal for a regulation Article 11 – paragraph 1 a (new) 1a. Based on verifiable or, where the evidence is impossible to obtain on reliable evidence, external experts may identify products made in geographic areas with forced labour applied by state authorities that are in high-risk of violating Article 3.Criteria for ‘high risk’ designation shall be published. Any geographic areas considered for ‘high risk’ designation shall allow for consultation and right of response from the relevant third countries before products are formally designated. The Commission shall issue guidelines on measurable criteria for economic operators and third countries to meet and to demonstrate that products are no longer ‘high risk’ no later than 6 months after the entry into force of this Regulation.
Amendment 630 #
Proposal for a regulation Article 11 – paragraph 1 a (new) 1a. The Commission shall ensure the necessary technical support to economic operators, in particular SMEs, to facilitate the use of the database and take measures to avoid any unnecessary administrative burden in the operation of the database;
Amendment 631 #
Proposal for a regulation Article 11 – paragraph 1 a (new) 1a. Based on reliable evidence, external experts may identify specific products produced in specific geographic areas, or by a specific entity, as products at high-risk of violation of Article 3.
Amendment 632 #
Proposal for a regulation Article 11 – paragraph 1 a (new) 1a. The database shall be public and easily accessible and include a list of all decisions and their motivations of competent authorities pursuant to Article 6, paragraphs (3), (4) and (6).
Amendment 633 #
Proposal for a regulation Article 11 – paragraph 1 b (new) 1b. Third parties can petition the Commission to include omissions to the database. In case the Commission does not include it, will provide the reasons for not including information contained in the petition.
Amendment 634 #
Proposal for a regulation Article 11 – paragraph 1 b (new) 1b. The database shall include a list of all decisions of competent authorities pursuant to Article 6(3), Article 6(4) and Article 6(6), and decisions of the Commission pursuant to Articles 8a and 19a(5).
Amendment 635 #
Proposal for a regulation Article 11 – paragraph 2 2. The Commission shall
Amendment 636 #
Proposal for a regulation Article 11 – paragraph 2 2. The Commission shall ensure that the database is made publicly available by the external expertise at the latest 24 months after the entry into force of this Regulation. The database shall be transparent and accessible to all.
Amendment 637 #
Proposal for a regulation Article 11 – paragraph 2 2. The Commission shall ensure that the database is made easily accessible and publicly available by the external expertise at the latest
Amendment 638 #
Proposal for a regulation Article 11 – paragraph 2 2. The Commission shall ensure that the database is made publicly available and easy accessible by the external expertise at the latest 12
Amendment 639 #
Proposal for a regulation Article 11 – paragraph 2 2. The Commission shall ensure that the database is made publicly available by the external expertise at the latest
Amendment 640 #
Proposal for a regulation Article 11 – paragraph 2 2. The Commission shall ensure that the database is made publicly available by the external expertise at the latest 12
Amendment 641 #
Proposal for a regulation Article 11 – paragraph 2 2. The Commission shall ensure that the database is made publicly available by the external expertise at the latest 12
Amendment 642 #
Proposal for a regulation Article 11 – paragraph 2 2. The Commission shall ensure that the database is made publicly available
Amendment 643 #
Proposal for a regulation Article 11 – paragraph 2 2. The Commission shall ensure that the database is made publicly available by the external expertise at
Amendment 644 #
3. Economic operators storing, placing or making available on the Union market or exporting products which are not mentioned in the database referred to in paragraph 1 of this Article, or which come from areas that are not mentioned in that database, shall also be required to comply with Article 3. It shall be the responsibility of the economic operator concerned to demonstrate that its product or service was manufactured or provided without using forced labour and that any use of forced labour was remediated. The database shall include an archive of previous decisions and shall be regulary reviewed and, if necessary, updated.
Amendment 645 #
Proposal for a regulation Article 11 – paragraph 3 3. Economic operators placing or making available on the Union market or exporting products which are not mentioned in the database referred to in paragraph 1 of this Article, or which come from areas that are not mentioned in that database,
Amendment 646 #
Proposal for a regulation Article 11 – paragraph 3 3. Economic operators placing or making available on the Union market or exporting products or services which are not mentioned in the database referred to in paragraph 1 of this Article, or which come from areas that are not mentioned in that database, shall also be required to comply with Article 3.
Amendment 647 #
Proposal for a regulation Article 11 – paragraph 3 a (new) 3a. The process for assessing the initial database shall include full and transparent engagement with third country authorities, trading partners and economic operators including request for formal submissions, publicly-available proposed criteria for determining risk levels, and the formation of a Labour Platform stakeholder forum to allow for ongoing feedback on the operation and updating of the database.
Amendment 648 #
Proposal for a regulation Article 11 a (new) Article11a Public digital traceability system 1. A public digital traceability system shall be put in place by the Commission to enable mapping and tracing of products’ supply chains and information exchange regarding the manufacture and transport of products and in order to facilitate the accessibility of the information for competent authorities to implement this Regulation. 2. Member states shall require economic operators to publish on this digital system information relevant to the presence of forced labour, including location and type of production, relating to the operator’s own operations, subsidiaries, suppliers, sub-suppliers, contractors, and business partners in the whole supply chain, within the bounds of commercial confidentiality, privacy, and competition law. 3. Economic operators and importers shall be required to input the relevant information and data in the format that is compatible with this digital system, as set out in implementing legislation. 4. Member States shall ensure that data from their competent authorities are fed into the system on a continuous basis and ensure that such information is up to date.
Amendment 650 #
Proposal for a regulation Article 12 – paragraph 1 1. Member States shall designate one or more competent authorities responsible for carrying out the obligations set out in this Regulation. Designated Member State competent authorities shall be responsible for ensuring the effective and uniform implementation of this Regulation throughout the Union, coordinated by the Commission.
Amendment 651 #
Proposal for a regulation Article 12 – paragraph 1 1.
Amendment 652 #
Proposal for a regulation Article 12 – paragraph 1 a (new) 1a. The Commission is also empowered to carry out the obligations set out in this Regulation, and it shall also contribute to an effective and uniform implementation of this Regulation throughout the Union.
Amendment 653 #
Proposal for a regulation Article 12 – paragraph 2 Amendment 654 #
Proposal for a regulation Article 12 – paragraph 3 Amendment 655 #
Proposal for a regulation Article 12 – paragraph 4 Amendment 656 #
Proposal for a regulation Article 12 – paragraph 4 4. The Commission shall make the mechanism referred to in Article 10 and the list of the designated competent authorities publicly available on its website and shall regularly update that list, based on the updates received from Member States.
Amendment 657 #
Proposal for a regulation Article 12 – paragraph 5 5.
Amendment 658 #
Proposal for a regulation Article 12 – paragraph 5 5. Member States shall ensure that the
Amendment 659 #
Proposal for a regulation Article 12 – paragraph 6 6. Member States shall confer on their competent authorities the power to impose penalties in accordance with the guidelines issued by the Commission in Article 23 and in accordance with Article 30.
Amendment 660 #
Proposal for a regulation Article 12 – paragraph 6 6.
Amendment 661 #
Proposal for a regulation Article 12 – paragraph 6 a (new) 6a. Member States shall confer on their competent authorities the necessary powers to issue an order requiring the providers of online marketplaces to remove products made with forced labour from their online interface, to disable access to it or to display an explicit warning. Such orders shall be issued in accordance with the minimum conditions set out in Article 9(2) of Regulation (EU) 2022/2065.
Amendment 662 #
Proposal for a regulation Article 13 A
Amendment 663 #
Proposal for a regulation Article 14 Amendment 664 #
Proposal for a regulation Article 14 – paragraph 1 Amendment 665 #
Proposal for a regulation Article 14 – paragraph 1 1. Decisions taken by the Commission or a competent authority in one Member State shall be recognised and enforced by competent authorities in the other Member States
Amendment 666 #
Proposal for a regulation Article 14 – paragraph 1 1. Decisions taken by the Commission or by a competent authority in one Member State shall be recognised and enforced by competent authorities in the other Member States in so far as they relate to products with the same identification and from the same supply chain for which forced labour has been found.
Amendment 667 #
Proposal for a regulation Article 14 – paragraph 1 1. Decisions taken by a competent authority in one Member State shall be recognised and enforced by competent authorities in the other Member States in so far as they relate to products with the same identification and from the same
Amendment 668 #
Proposal for a regulation Article 14 – paragraph 2 Amendment 669 #
Proposal for a regulation Article 14 – paragraph 2 2. A competent authority that has received, through the information and communication system referred to in Article 22(1), a request from a competent authority of another Member State for information to verify any evidence provided by an economic operator shall provide that information
Amendment 670 #
Proposal for a regulation Article 14 – paragraph 2 2. A competent authority that has received, through the information and communication system referred to in Article 22(1), a request from the Commission or a competent authority of another Member State for information to verify any evidence provided by an economic operator shall provide that information within 15 working days from the date of receipt of the request.
Amendment 671 #
Proposal for a regulation Article 14 – paragraph 3 3. Where two or more competent authorities initiate investigations concerning the same products, services or economic operators, the lead authority shall be the one which first informed the Commission and the competent authorities of other Member States of the decision to initiate an investigation in accordance with Article 9(1), point (b).
Amendment 672 #
Proposal for a regulation Article 14 – paragraph 4 Amendment 673 #
Proposal for a regulation Article 14 – paragraph 4 4. Before initiating an investigation in accordance with Article 5,
Amendment 674 #
Proposal for a regulation Article 14 – paragraph 5 Amendment 675 #
Proposal for a regulation Article 14 – paragraph 6 Amendment 676 #
Proposal for a regulation Article 14 – paragraph 6 6. The lead authority shall carry out the investigation and adopt a decision in accordance with Article 6 on the basis of the assessment of all evidence before it. When the accumulation of new complaints and evidence against a product and/or an economic operator renders it meaningful, the Commission may take over the investigation duty from a competent authority
Amendment 677 #
Proposal for a regulation Article 14 – paragraph 6 a (new) 6a. Before initiating an investigation in accordance with Article 5, a competent authority shall verify in the information and communication system referred to in Article 22(1) whether the product is subject to a presumption pursuant to Article 8a. Where this is the case, the competent authority shall share all the evidence and information they may have with the Commission and shall not start a separate investigation.
Amendment 678 #
Proposal for a regulation Article 15 – paragraph 3 – point a (a) any decision
Amendment 679 #
Proposal for a regulation Article 15 – paragraph 3 a (new) 3a. The Commission shall without delay communicate to the customs authorities of Member States any decision adopted in accordance with Article 8a.
Amendment 680 #
Proposal for a regulation Article 15 – paragraph 4 4. Customs authorities shall rely on the decisions communicated pursuant to paragraph 3 to identify products that may not comply with the prohibition laid down in Article 3. For that purpose, they shall carry out controls on products entering or leaving the Union market in accordance with Articles 46 and 47 of Regulation (EU) No 952/2013. The Commission and Member States shall ensure that the Customs authorities have sufficient resources to carry out these controls.
Amendment 681 #
Proposal for a regulation Article 15 – paragraph 4 4. Customs authorities shall rely on
Amendment 682 #
Proposal for a regulation Article 16 – paragraph 1 1. The Commission is empowered to adopt delegated acts in accordance with Article 27 to supplement this Regulation by identifying the products or product groups for which the information referred to in paragraph 2 shall be provided to customs authorities, amongst others, on the basis of the database referred to in Article 11 or f information and decisions encoded in the information and communication system referred to in Article 22(1). The Commission shall take into account the specific nature of food products when identifying products or groups of products.
Amendment 683 #
Proposal for a regulation Article 16 – paragraph 1 1. The Commission is empowered to
Amendment 684 #
Proposal for a regulation Article 16 – paragraph 2 2. Customs authorities shall be provided with information identifying the product, information about the manufacturer, transporter, distributor, packaging or storage company or the producer and information about the product suppliers as regards products entering or leaving the Union market that have been identified by the Commission pursuant to paragraph 1, unless the provision of such information is already required pursuant to customs legislation referred to in Article 5(2) of Regulation (EU) No 952/2013.
Amendment 685 #
Proposal for a regulation Article 16 – paragraph 2 2. Customs authorities shall be provided with information identifying the product, information about the manufacturer, transporter, storage company, importer or the producer and information about the product suppliers as regards products entering or leaving the Union market that have been identified by the Commission pursuant to paragraph 1, unless the provision of such information is already required pursuant to customs legislation referred to in Article 5(2) of Regulation (EU) No 952/2013.
Amendment 686 #
Proposal for a regulation Article 16 – paragraph 5 5. Where a specific product has been identified in a decision referred to in Articles 6(4) and 8a, in order for the customs authorities to be able to act immediately, the procedure provided for in Article 28 shall apply to delegated acts adopted pursuant to this Article.
Amendment 687 #
Proposal for a regulation Article 17 – paragraph 1 Where customs authorities identify a product entering or leaving the Union market that may, in accordance with a
Amendment 688 #
Proposal for a regulation Article 17 – paragraph 1 Where customs authorities identify a product entering or leaving the Union market that may, in accordance with a decision received pursuant to Article 15(3), be in violation of Article 3, they shall suspend the release for free circulation or the export of that product. Customs authorities shall immediately notify the
Amendment 689 #
Proposal for a regulation Article 17 – paragraph 1 a (new) Where customs authorities identify a product entering or leaving the Union market that may, in accordance with a decision received pursuant to Article 15(3a), be presumed to be in violation of Article 3, they shall suspend the release for free circulation or the export of that product. Customs authorities shall immediately notify the Commission of the suspension and transmit all relevant information to enable it to establish whether the product is covered by a decision communicated pursuant to Article 15(3a).
Amendment 690 #
Proposal for a regulation Article 18 – paragraph 1 – introductory part 1. Where the release for free circulation or the export of a product has been suspended in accordance with Article 17, the product shall be released for free circulation or exported where all the other requirements and formalities relating to such a release or export have been fulfilled and where
Amendment 691 #
Proposal for a regulation Article 18 – paragraph 1 – point a Amendment 692 #
Proposal for a regulation Article 18 – paragraph 1 – point a (a) within 4 working days of the
Amendment 693 #
Proposal for a regulation Article 18 – paragraph 1 – point a (a) within 4 working days of the suspension, if the competent authorities, or the Commission, have not requested the customs authorities to maintain the suspension. In case of perishable products, animals and plants that time limit shall be 2 working days;
Amendment 694 #
Proposal for a regulation Article 18 – paragraph 1 – point a (a) within 4 working days of the suspension, if the competent authorit
Amendment 695 #
Proposal for a regulation Article 18 – paragraph 1 – point b Amendment 696 #
Proposal for a regulation Article 18 – paragraph 1 – point b (b) the competent authorit
Amendment 697 #
Proposal for a regulation Article 18 – paragraph 1 a (new) 1a. Where the release for free circulation or the export of a product has been suspended in accordance with Article 17(1a), and where the Commission concludes that the product notified is covered by a decision pursuant to Article 8a, it shall request the customs authorities to maintain the suspension for the duration of the procedure described in Article 19a. The Commission shall notify the economic operator of the suspension and the reasons thereof.
Amendment 698 #
Proposal for a regulation Article 19 – paragraph 1 1. Where the competent authorities conclude that a product that has been notified to them in accordance with Article 17 is a product made with forced labour pursuant to a decision referred to in Article 6(2) and (4), they shall require customs authorities not to release it for free circulation nor to allow its export.
Amendment 699 #
Proposal for a regulation Article 19 – paragraph 1 1. Where the competent authorities conclude that a product that has been notified to them in accordance with Article 17(1) is a product made with forced labour pursuant to a decision referred to in Article 6(4), they shall require customs authorities not to release it for free circulation nor to allow its export.
Amendment 700 #
Proposal for a regulation Article 19 – paragraph 1 1. Where the competent authorit
Amendment 701 #
Proposal for a regulation Article 19 – paragraph 2 – subparagraph 1 Competent authorities shall immediately enter that information in the information and communication system referred to in Article 22(1) and notify the customs authorities accordingly.
Amendment 702 #
Proposal for a regulation Article 19 – paragraph 2 – subparagraph 1 Amendment 703 #
Proposal for a regulation Article 19 – paragraph 2 – subparagraph 2 Amendment 704 #
Proposal for a regulation Article 19 – paragraph 2 a (new) Amendment 705 #
Proposal for a regulation Article 19 a (new) Amendment 706 #
Proposal for a regulation Article 20 – paragraph 1 Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is
Amendment 707 #
Proposal for a regulation Article 20 – paragraph 1 Where the release for free circulation or export of a product has been refused in accordance with Article 19 or Article 19a(5), customs authorities shall take the necessary measures to ensure that the product concerned is donated to charitable or public interest purposes. If such products cannot be donated, they should be recycled, and if that is not possible, they should be disposed of in accordance with national law consistent with Union law. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.
Amendment 708 #
Proposal for a regulation Article 20 – paragraph 1 Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is disposed of in accordance with national law consistent with Union law while taking into account the specific nature of food products when they are disposed of in order to prevent food waste and losses. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.
Amendment 709 #
Proposal for a regulation Article 20 – paragraph 1 Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is donated to public interest purposes or recycled or if that is not possible the products should be disposed of in accordance with national law consistent with Union law. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.
Amendment 710 #
Proposal for a regulation Article 20 – paragraph 1 Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is disposed of, or shall inform competent authorities to cooperate in taking these measures, in accordance with national law consistent with Union law. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.
Amendment 711 #
Proposal for a regulation Article 20 – paragraph 1 Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is recycled, or where that is not possible, disposed of in accordance with national law consistent with Union law. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.
Amendment 712 #
Proposal for a regulation Article 21 – paragraph 1 1. To enable a risk-based approach for products entering or leaving the Union market and to ensure that controls are effective and performed in accordance with the requirements of this Regulation, competent authorities and customs authorities shall cooperate closely and exchange risk-related information coordinated by the Commission.
Amendment 713 #
Proposal for a regulation Article 21 – paragraph 1 1. To enable a risk-based approach for products entering or leaving the Union market and to ensure that controls are effective and performed in accordance with the requirements of this Regulation, the Commission, competent authorities and customs authorities shall cooperate closely and exchange risk-related information.
Amendment 714 #
Proposal for a regulation Article 21 – paragraph 1 1. To enable a risk-based approach for products entering or leaving the Union market and to ensure that controls are effective and performed in accordance with the requirements of this Regulation, the Commission, competent authorities and customs authorities shall cooperate closely and exchange risk-related information.
Amendment 715 #
Proposal for a regulation Article 21 – paragraph 1 1. To enable a risk-based approach for products or services entering or leaving the Union
Amendment 716 #
Proposal for a regulation Article 21 – paragraph 1 1. To enable a risk-based approach for products entering or leaving the Union market and to ensure that controls are effective and performed in accordance with the requirements of this Regulation, the competent authorit
Amendment 717 #
Proposal for a regulation Article 21 – paragraph 1 1. To enable a risk-based approach for products entering or leaving the Union market and to ensure that controls are effective and performed in accordance with the requirements of this Regulation, the competent authorit
Amendment 718 #
Proposal for a regulation Article 21 – paragraph 2 – introductory part 2. Cooperation among the Commission (including the Chief Trade Enforcement Officer), the Central Complaint Mechanism and relevant authorities and exchange of risk information necessary for the fulfilment of their respective functions under this Regulation, including through electronic means, shall take place between the following authorities:
Amendment 719 #
Proposal for a regulation Article 21 – paragraph 2 – introductory part 2. Cooperation among the Commission, the mechanism referred to in Article 10 and other relevant authorities and exchange of risk information necessary for the fulfilment of their respective functions under this Regulation, including through electronic means, shall take place between the following authorities:
Amendment 720 #
Proposal for a regulation Article 21 – paragraph 2 – point b (b) the competent authorit
Amendment 721 #
Proposal for a regulation Article 21 – paragraph 2 – point b a (new) (ba) the Commission.
Amendment 722 #
Proposal for a regulation Article 22 – paragraph 1 1. For the purposes of Chapters II and III, the competent authorit
Amendment 723 #
Proposal for a regulation Article 22 – paragraph 2 2. The decisions communicated pursuant to Article 15(3) and (3a) shall be entered in the relevant customs risk management environment.
Amendment 724 #
Proposal for a regulation Article 22 – paragraph 3 3. The Commission shall develop an interconnection to enable the automated communication of decisions referred to in Article 15(3) and (3a) from the information and communication system referred to in paragraph 1 to the environment referred to in paragraph 4. That interconnection shall start operating no later than two years from the date of the adoption of the implementing act referred to in paragraph 7, point (b), in respect of that interconnection.
Amendment 725 #
Proposal for a regulation Article 22 – paragraph 3 3. The Commission shall develop an interconnection to enable the automated communication of decisions referred to in Article 15(3) from the information and communication system referred to in paragraph 1 to the environment referred to in paragraph 4. That interconnection shall start operating no later than
Amendment 726 #
Proposal for a regulation Article 22 – paragraph 4 4. Requests and notifications exchanged between the competent authorit
Amendment 727 #
Proposal for a regulation Article 22 – paragraph 5 5. The Commission shall interconnect
Amendment 728 #
Proposal for a regulation Article 23 – paragraph 1 – introductory part The Commission shall issue guidelines no later than 1
Amendment 729 #
Proposal for a regulation Article 23 – paragraph 1 – introductory part The Commission shall issue guidelines no later than 1
Amendment 730 #
Proposal for a regulation Article 23 – paragraph 1 – introductory part The Commission shall issue guidelines no later than 1
Amendment 731 #
Proposal for a regulation Article 23 – paragraph 1 – introductory part The Commission shall issue guidelines no later than 1
Amendment 732 #
Proposal for a regulation Article 23 – paragraph 1 – introductory part The Commission shall issue guidelines no later than 1
Amendment 733 #
Proposal for a regulation Article 23 – paragraph 1 – introductory part The Commission shall issue guidelines no later than
Amendment 734 #
Proposal for a regulation Article 23 – paragraph 1 – point a (a) guidance to the economic operator 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,
Amendment 735 #
Proposal for a regulation 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, taking into account the specificity of all economic sectors, including the agricultural sector;
Amendment 736 #
Proposal for a regulation Article 23 – paragraph 1 – point a (a) guidance on due diligence in relation to forced labour, including forced child labour, which shall take into account applicable Union legislation setting out due diligence requirements with
Amendment 737 #
Proposal for a regulation 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, in particular where the operator is an SME;
Amendment 738 #
Proposal for a regulation 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 and social actors, as well as the size
Amendment 739 #
Proposal for a regulation Article 23 – paragraph 1 – point a a (new) (aa) specific guidance for economic operators which are not within the scope of [Directive 20XX/XX/EU on Corporate Sustainability Due Diligence];
Amendment 740 #
Proposal for a regulation Article 23 – paragraph 1 – point a a (new) (aa) guidance to the economic operators on measures which are suitable and effective for bringing to an end different types of forced labour;
Amendment 741 #
Proposal for a regulation Article 23 – paragraph 1 – point b (b) information on risk indicators of forced labour, including a clear distinction for evaluation between forced labour risks in the private sector and risk of state-imposed forced labour, which shall be based 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;
Amendment 742 #
Proposal for a regulation Article 23 – paragraph 1 – point b (b) information on risk indicators of forced labour, which shall be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, including the ‘Hard to See, Harder to Count’ guidelines, civil society, business organisations, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;
Amendment 743 #
Proposal for a regulation Article 23 – paragraph 1 – point b (b) information on risk indicators of both the private sector and risk of state- imposed forced labour, which shall be based 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;
Amendment 744 #
Proposal for a regulation Article 23 – paragraph 1 – point b (b) information on risk indicators of forced labour, which shall be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, civil society, business organisations, and relevant experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;
Amendment 745 #
Proposal for a regulation Article 23 – paragraph 1 – point b a (new) (ba) guidance for stakeholders to submit information or a complaint, in accordance with Article 10;
Amendment 746 #
Proposal for a regulation Article 23 – paragraph 1 – point d Amendment 747 #
Proposal for a regulation Article 23 – paragraph 1 – point d (d) further information to facilitate the competent authorities’ implementation of this Regulation
Amendment 748 #
Proposal for a regulation Article 23 – paragraph 1 – point d (d) further information to facilitate the competent authorities’ implementation of this Regulation, in particular for public authorities carrying out procedures under Article 4, 5 or 6 on what constitutes a significant threshold for forced labour contents used at the different stages of a product's extraction, harvest, production or manufacture that would constitute a violation of Article 3;
Amendment 749 #
Proposal for a regulation Article 23 – paragraph 1 – point d (d)
Amendment 750 #
Proposal for a regulation Article 23 – paragraph 1 – point d a (new) (da) the guidelines should be consistent with guidance provided in accordance with relevant Union legislation;
Amendment 751 #
Proposal for a regulation Article 23 – paragraph 1 – point e (e) guidance for the practical implementation of Article 16 and, where appropriate, any other provision laid down in Chapter III of this Regulation, including with regard to the identification and evaluation of risks of forced labour linked to commodities sourced by economic operators through a mass balance approach.
Amendment 752 #
Proposal for a regulation Article 23 – paragraph 1 – point e a (new) (ea) indication on the possible types of documents and evidence that could be used by the economic operators during an investigation in order to prove that a product is not made with forced labour.
Amendment 753 #
Proposal for a regulation Article 23 – paragraph 1 – point e a (new) (ea) specific guidance for NSMEs and SMEs on how to collect and submit information and on possible measures to effectively prevent, mitigate and put to an end the use of forced labour.
Amendment 754 #
Proposal for a regulation Article 23 – paragraph 1 – point e c (new) (ec) guidance on minimum rules which do not hinder Member States from choosing appropriate and balanced sanctions.
Amendment 755 #
Proposal for a regulation Article 23 – paragraph 1 a (new) The guidelines shall be consistent with guidelines provided in accordance with relevant Union Law, in particular with Directive (XXX) on Corporate Sustainability Due Diligence Directive and Regulation (XXX) [ Regulation on deforestation-free products ]
Amendment 756 #
Proposal for a regulation Article 23 – paragraph 1 a (new) The guidelines shall take into account other relevant legislation, such as EU Corporate Sustainability Due Diligence Directive, Regulations on responsible minerals, batteries and deforestation-free products.
Amendment 757 #
Proposal for a regulation Article 23 a (new) Article23a Specific provisions for SMEs 1. SMEs shall be given special support and guidance in adapting to this Regulation. 2. This support and guidance shall include: a) SME-specific guidelines with due diligence checklist and toolkit on preventing forced labour b) capacity-building, training programme and administrative and technical support on the assessment and the prevention of forced labour; c) support in their outreach to relevant suppliers and other actors;
Amendment 758 #
Proposal for a regulation Article 24 – title Union Network Against Forced Labour Products and Services
Amendment 759 #
Proposal for a regulation 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 as well as other relevant due diligence legislation within the Union, thereby making enforcement more effective and coherent.
Amendment 760 #
Proposal for a regulation 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. The Network shall be lead by the Commission.
Amendment 761 #
Proposal for a regulation Article 24 – paragraph 1 1. A Union Network Against Forced Labour Products and Services (‘the Network’) is established. The Network shall serve as a platform for structured coordination and cooperation between the competent authority and experts from the customs authorities of the Member States
Amendment 762 #
Proposal for a regulation Article 24 – paragraph 1 1. A Union Network Against Forced Labour Products (‘the Network’) is established by the Commission. 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.
Amendment 763 #
Proposal for a regulation Article 24 – paragraph 1 a (new) 1a. The Commission and the Member States shall ensure that the Network has the necessary powers and resources to carry out the tasks referred to in paragraph 3, including sufficient budgetary and other resources.
Amendment 764 #
Proposal for a regulation 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. EU delegations, particularly based in countries with regions identified as of high risk of forced labour, shall also be involved in the work of this Network.
Amendment 765 #
Proposal for a regulation Article 24 – paragraph 2 2. The Network shall be led by the Commission and composed of representatives from each Member States’ competent authority, representatives from the Commission, the European Labour Authority, the Fundamental Rights Agency and, where appropriate, experts from the customs authorities.
Amendment 766 #
Proposal for a regulation 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 representatives and human rights defenders.
Amendment 767 #
Proposal for a regulation Article 24 – paragraph 2 2. The Network shall be composed of representatives from each Member States’ competent authority, representatives from the Commission and
Amendment 768 #
Proposal for a regulation Article 24 – paragraph 3 – point b (b) conduct joint investigations, mandate research or monitor situation of wide-spread and systemic forced labour including as to expand database of risk of forced labour;
Amendment 769 #
Proposal for a regulation Article 24 – paragraph 3 – point b (b) conduct joint investigations
Amendment 770 #
Proposal for a regulation Article 24 – paragraph 3 – point c a (new) (ca) monitor the recycle, destruction or the redirection of products, which were refused for release for free circulation, storage or export, to be used in the interest of the public;
Amendment 771 #
Proposal for a regulation Article 24 – paragraph 3 – point d (d) contribute to the development of guidance to ensure the effective and uniform application of this Regulation and coordinate dissemination efforts;
Amendment 772 #
Proposal for a regulation Article 24 – paragraph 3 – point e (e) promote and facilitate collaboration to explore possibilities for using new technologies for the enforcement of this Regulation and the traceability of products and services;
Amendment 773 #
Proposal for a regulation Article 24 – paragraph 3 – point e (e) promote and facilitate collaboration to
Amendment 774 #
Proposal for a regulation Article 24 – paragraph 3 – point f (f) to promote the cooperation and exchange of expertise and best practices between competent authorities and customs authorities
Amendment 775 #
Proposal for a regulation Article 24 – paragraph 3 – point f (f) to promote the cooperation and exchange of expertise and best practices between competent authorities
Amendment 776 #
Proposal for a regulation Article 24 – paragraph 3 – point f (f) to promote the cooperation and exchange of expertise and best practices between the competent authorit
Amendment 777 #
Proposal for a regulation Article 24 – paragraph 3 – point f – point i (new) i) promote information campaigns with authorities of third countries involved and with the EU delegations and Missions on the premises as well as assist and support trainings for workers of those geographical areas on their rights;
Amendment 778 #
Proposal for a regulation Article 24 – paragraph 3 – point f a (new) (fa) promote collaboration and exchange with relevant existing multi- stakeholders’ collaborative initiatives;
Amendment 779 #
Proposal for a regulation Article 24 – paragraph 3 – point f a (new) (fa) identify discrepancies between enforcement at the level of different EU Member States;
Amendment 780 #
Proposal for a regulation Article 24 – paragraph 3 – point f a (new) (fa) coordinate dissemination efforts in and outside the EU;
Amendment 781 #
Proposal for a regulation Article 24 – paragraph 3 – point f b (new) Amendment 782 #
Proposal for a regulation Article 24 – paragraph 3 a (new) 3a. The Network may invite experts and stakeholders, including social partners and other workers’ representatives as well as civil society representatives to attend meetings of the Network or to provide written contributions or trainings for the Network.
Amendment 783 #
Proposal for a regulation Article 24 – paragraph 3 a (new) 3a. mandate research or monitor situation of wide-spread and systematic forced labour in order to expand the database of risks of forced labour;
Amendment 784 #
Proposal for a regulation Article 24 – paragraph 4 4. The Commission shall organise and chair regular meetings of the Network and shall support and encourage cooperation between enforcement authorities through the
Amendment 785 #
Proposal for a regulation Article 24 – paragraph 4 4. The Commission shall support and encourage cooperation between enforcement authorities through the Network and prepare and participate in the meetings of the Network.
Amendment 786 #
Proposal for a regulation Article 24 – paragraph 4 4. The Commission shall
Amendment 787 #
Proposal for a regulation Article 24 – paragraph 4 4. The Commission shall support and encourage cooperation between enforcement authorities through the Network and
Amendment 788 #
Proposal for a regulation Article 24 – paragraph 4 a (new) 4a. The Commission shall provide the Network with the financial and human resources to carry out its missions.
Amendment 789 #
Proposal for a regulation Article 24 a (new) Article24a Support The Network shall support economic operators under investigation to undertake corrective action in line with Article 4(6) and Article 6(6) where the risk of forced labour has been identified to: a) correct the potential risk of forced labour before launching an investigation and b) avoid the last resort of disengagement if the economic operator is deemed violating Article 3. This shall include having dialogue with authorities operating in the region where forced labour has been identified as well as on national level. In the case where disengagement must take effect and economic operators become victim to a third country punitive measure, the Commission shall provide political, administrative or financial support.
Amendment 790 #
Proposal for a regulation Article 25 – paragraph 1 1. The competent authorit
Amendment 791 #
Proposal for a regulation Article 25 – paragraph 2 2.
Amendment 792 #
Proposal for a regulation Article 25 – paragraph 2 2. Where requested, the
Amendment 793 #
Proposal for a regulation Article 25 – paragraph 2 2.
Amendment 794 #
Proposal for a regulation Article 26 – title International Cooperation and Accompanying Measures
Amendment 795 #
Proposal for a regulation Article 26 – paragraph 1 1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission
Amendment 796 #
Proposal for a regulation Article 26 – paragraph 1 1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission
Amendment 797 #
Proposal for a regulation 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. Existing dialogue structures with third countries include the (sub)committees on trade and sustainable development in trade agreements or the dialogue foreseen within the Generalised System of Preferences.
Amendment 798 #
Proposal for a regulation Article 26 – paragraph 1 1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission
Amendment 799 #
Proposal for a regulation Article 26 – paragraph 1 1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission
Amendment 800 #
Proposal for a regulation Article 26 – paragraph 1 1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission
Amendment 801 #
Proposal for a regulation Article 26 – paragraph 1 1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission
Amendment 802 #
Proposal for a regulation Article 26 – paragraph 2 2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, civil society representatives, business organisations and competent authorities of third countries may result in the Union developing accompanying measures to support the efforts of companies, and in particular SMEs, and partner countries' efforts and locally available capacities in tackling forced labour, and its root causes.
Amendment 803 #
Proposal for a regulation Article 26 – paragraph 2 2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, civil society representatives, business organisations and competent authorities of third countries may result in the Union developing accompanying measures to support the efforts of companies, especially SMEs, and partner countries efforts and locally available capacities in tackling forced labour
Amendment 804 #
Proposal for a regulation Article 26 – paragraph 2 2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, civil society representatives, business organisations and competent authorities of third countries may result in the Union developing accompanying measures to support the efforts of companies, and in particular SMEs, partner countries' efforts and locally available capacities in tackling forced labour, and its root causes.
Amendment 805 #
Proposal for a regulation Article 26 – paragraph 2 2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, civil society representatives, business organisations and competent authorities of third countries
Amendment 806 #
Proposal for a regulation Article 26 – paragraph 2 – subparagraph 1 (new) Cooperation with third countries shall be integrated with other EU policies and instruments that include measures to eradicate forced labour, including free trade agreements, the Generalised Scheme of Preferences, and development cooperation projects led by the Commission.
Amendment 807 #
Proposal for a regulation Article 26 – paragraph 2 a (new) 2a. The Commission and Member States shall develop cooperation and partnership mechanisms with third countries to address the root causes of forced labour, and build the capacity of upstream economic actors to respond to the requirements under this Regulation.
Amendment 808 #
Proposal for a regulation Article 26 – paragraph 2 b (new) 2b. The Commission and competent authorities shall cooperate with relevant authorities of third countries to carry out investigations, as well as coordinate when it is relevant with investigations made by other countries and align with decisions made by other international entities. Member States’ competent authorities and the Commission shall actively exchange knowledge and intelligence with third country governments.
Amendment 809 #
Proposal for a regulation Article 26 – paragraph 2 c (new) Amendment 810 #
Proposal for a regulation Article 26 a (new) Article26a Development cooperation The Commission and Member States shall develop cooperation and partnership mechanisms with third countries to address the root causes of forced labour as well as to build the capacity of upstream economic actors to respond to the requirements under this Regulation.
Amendment 811 #
Proposal for a regulation Article 27 a (new) Article27a Regulatory monitoring and adjustment The Commission shall present, before the application of this Regulation, in line with the 'one in, one out' principle, proposals offsetting the regulatory and financial burdens introduced by this Regulation through the revision or abolishment of provisions in other Union legislative acts that generate compliance costs for economic operators.
Amendment 812 #
Proposal for a regulation Article 30 – paragraph 1 1. The
Amendment 813 #
Proposal for a regulation Article 30 – paragraph 1 1. The
Amendment 814 #
Proposal for a regulation Article 30 – paragraph 1 1. The
Amendment 815 #
Proposal for a regulation Article 30 – paragraph 1 1. The
Amendment 816 #
Proposal for a regulation Article 30 – paragraph 1 a (new) 1a. Member States shall take all measures necessary to ensure that the penalties pursuant to paragraph 1 are implemented, and implemented in accordance with national law.
Amendment 817 #
Proposal for a regulation Article 30 – paragraph 2 2. The penalties provided for shall
Amendment 818 #
Proposal for a regulation Article 30 – paragraph 2 a (new) 2a. If an operator circumvents or attempts to circumvent a ban or sanction imposed in accordance with this Regulation, or when they refuse to cooperate with the customs or competent authorities, the competent authority shall be empowered to impose additional proportionate and dissuasive penalties, such as pecuniary fines.
Amendment 819 #
Proposal for a regulation Article 30 – paragraph 2 b (new) 2b. A compensation fund shall be established by a delegated act to be adopted no later than 2 years after the entry into force of this Regulation.
Amendment 820 #
Proposal for a regulation Article 30 – paragraph 3 Amendment 821 #
Proposal for a regulation Article 30 – paragraph 3 3. The Member States shall, by [OP enter DATE =
Amendment 822 #
Proposal for a regulation Article 30 – paragraph 3 3. The Member States shall, by [OP enter DATE =
Amendment 823 #
Proposal for a regulation Article 30 a (new) Amendment 824 #
Proposal for a regulation Article 30 a (new) Article30a Evaluation and review 1.By [five years after the date of application] and every five years thereafter, the Commission shall carry out an evaluation of this Regulation taking account its objectives and shall submit a report thereon to the European Parliament, to the Council and to the European Economic and Social Committee. 2. The report shall assess whether this Regulation achieved its objective, in particular with regard to reducing the number of products on the Union market made with forced labour, improving the functioning of the competent authority and strengthening the controls on products entering the Union market, while taking into account the impact on businesses, in particular on SMEs. In drawing up the report, the Commission shall consult affected stakeholders, such as trade unions. 3. The report shall be accompanied, where appropriate, by a legislative proposal. 4. The Commission shall continuously monitor the impact of this Regulation on victims of forced labour, also paying particular regard to the situation of women and children. The monitoring shall be based on a scientific and transparent methodology and shall take into account information provided by stakeholders.
Amendment 825 #
Proposal for a regulation Article 30 a (new) Article30a Review and annual reporting 1. No later than three years after the entry into force of this Regulation, the Commission shall carry out a first review with particular attention to the effectiveness of the instrument, proposing additional measures where deemed appropriate. 2. No later than one year after the entry into force of this Regulation, the Commission shall present annually a report to the European Parliament and the Council on the implementation of this Regulation.
Amendment 826 #
Proposal for a regulation Article 30 a (new) Article30a Assessment and review The Commission shall carry out an ex- post impact assessment of this Regulation by [12 months after the date of application], taking account of the objectives it pursues. The Commission shall submit a report thereon to the European Parliament and to the Council. The ex-post impact assessment shall evaluate whether this Regulation is achieving its objectives and shall be accompanied, where appropriate, by a legislative proposal.
Amendment 827 #
Proposal for a regulation Article 30 a (new) Amendment 828 #
Proposal for a regulation Article 31 – paragraph 2 This Regulation shall apply from [OP enter DATE =
Amendment 829 #
Proposal for a regulation Article 31 – paragraph 2 This Regulation shall apply from [OP enter DATE =
Amendment 830 #
Proposal for a regulation Article 31 – paragraph 2 This Regulation shall apply from [OP enter
Amendment 831 #
Proposal for a regulation Article 31 a (new) Amendment 832 #
Proposal for a regulation Article 31 a (new) Article31a Amendment to Regulation (EC) No 952/2013In Article 12 of Regulation (EC) No 952/2013, the following subparagraph is added: Information received by customs authorities is presumed to be not confidential. Customs Authorities may classify data on a shipment-to-shipment basis as confidential if there is sufficient proof that the disclosure could cause substantial economic loss and is not relevant to safeguarding the consumers' health, conservation of the environment or the promotion of the interests of those suffering from the pursuit of the business.
source: 749.232
2023/06/15
INTA, IMCO
223 amendments...
Amendment 364 #
Proposal for a regulation Article 3 – paragraph 1 Economic operators shall not place or make available on the Union market products that are made, stored, transported, packaged or distributed with forced labour, nor shall they export such products.
Amendment 365 #
Proposal for a regulation Article 3 – paragraph 1 Economic operators shall not place or make available on the Union market products or services that are made with or involving forced labour, nor shall they export such products or services.
Amendment 366 #
Proposal for a regulation Article 3 – paragraph 1 Economic operators shall not place or make available on the Union market, offline or online, products that are made with forced labour,
Amendment 367 #
Proposal for a regulation Article 3 – paragraph 1 a (new) The Commission or competent authorities may determine a violation in relation to products made with forced labour in either of the following cases: a. a particular production site, or a group of production sites; b. a particular operator or company, or group of operators or companies; c. a particular transport vessel or fleet; or d. a particular product group from a specific region or country.
Amendment 368 #
Proposal for a regulation Article 3 – paragraph 1 a (new) Amendment 369 #
Proposal for a regulation Chapter II – title II Investigations and decisions of the competent authorit
Amendment 371 #
Proposal for a regulation Article 4 – paragraph 1 Amendment 372 #
Proposal for a regulation Article 4 – paragraph 1 – introductory part 1. Competent authorities shall follow a risk-based approach in assessing the likelihood that economic operators established in their territory violated Article 3. That assessment shall be based
Amendment 373 #
Proposal for a regulation Article 4 – paragraph 1 – introductory part 1. Competent authorities shall follow a risk-based approach in assessing the likelihood that economic operators violated Article 3. That assessment shall be based on all relevant, factual and verifiable information available to them, including the following information:
Amendment 374 #
Proposal for a regulation Article 4 – paragraph 1 – introductory part 1.
Amendment 375 #
Proposal for a regulation Article 4 – paragraph 1 – point a (a) submissions made by natural or legal persons or any association or relevant stakeholders not having legal personality pursuant to Article 10;
Amendment 376 #
Proposal for a regulation Article 4 – paragraph 1 – point e (e) information requested by the competent authority from other relevant authorities or competent authority of Member States , 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.
Amendment 377 #
Proposal for a regulation Article 4 – paragraph 1 – point e a (new) (ea) direct engagement with the economic operators concerned.
Amendment 378 #
Proposal for a regulation Article 4 – paragraph 1 – point e b (new) (eb) the size and capacity of the economic operators questioned;
Amendment 379 #
Proposal for a regulation Article 4 – paragraph 2 Amendment 380 #
Proposal for a regulation 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
Amendment 381 #
Proposal for a regulation Article 4 – paragraph 2 2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall in a first instance 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
Amendment 382 #
Proposal for a regulation 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
Amendment 383 #
Proposal for a regulation 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 value supply chain as close as possible to where the risk of forced labour is likely to occur and take into account the
Amendment 384 #
Proposal for a regulation 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
Amendment 385 #
Proposal for a regulation 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
Amendment 386 #
Proposal for a regulation Article 4 – paragraph 3 Amendment 387 #
Proposal for a regulation Article 4 – paragraph 3 – introductory part 3. Before initiating an investigation in accordance with Article 5(1), the competent authority shall (i) inform and coordinate its actions with any other competent authority designated by the Member State under the Directive (EU) [XXX/XXX] on Corporate Sustainability Due Diligence and the Directive (EU) 2019/1937 of the European Parliament and of the Council on the protection of persons who report breaches of Union law. If a request of information or an investigation has already been launched in relation to similar facts or products, a lead competent authority shall be designated through the coordination mechanism in accordance with Article 12, to avoid duplicating requests of information or investigations. In this case, the competent authorities shall cooperate and share information with each other. (ii) 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
Amendment 388 #
Proposal for a regulation Article 4 – paragraph 3 – introductory part 3.
Amendment 389 #
Proposal for a regulation 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 value chains with respect to the products or services under assessment, including on the basis of any of the following:
Amendment 390 #
Proposal for a regulation 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
Amendment 391 #
Proposal for a regulation 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
Amendment 392 #
Proposal for a regulation 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
Amendment 393 #
Proposal for a regulation 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
Amendment 394 #
Proposal for a regulation Article 4 – paragraph 3 – point a a (new) (aa) any industry scheme, third-party audit or certification from the economic operators' suppliers that guarantees the absence of forced labour;
Amendment 395 #
Proposal for a regulation Article 4 – paragraph 3 – point c (c) due diligence guidelines or recommendations of the UN, ILO, OECD or other relevant international organisations and social partners;
Amendment 396 #
Proposal for a regulation Article 4 – paragraph 3 – subparagraph 1 (new) The competent authority shall ensure that when economic operators refer to actions taken, as referred to above, those economic operators also identify and assess the impacts of their business models and strategies, including trading, procurement and pricing practices.
Amendment 397 #
Proposal for a regulation Article 4 – paragraph 4 Amendment 398 #
Proposal for a regulation Article 4 – paragraph 4 4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within
Amendment 399 #
Proposal for a regulation Article 4 – paragraph 4 4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within
Amendment 400 #
Proposal for a regulation Article 4 – paragraph 4 4. Economic operators and relevant product suppliers 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.
Amendment 401 #
Proposal for a regulation 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. Economic operators may provide to the competent authorit
Amendment 402 #
Proposal for a regulation Article 4 – paragraph 4 4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within
Amendment 403 #
Proposal for a regulation Article 4 – paragraph 4 4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within
Amendment 404 #
Proposal for a regulation Article 4 – paragraph 4 4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within
Amendment 405 #
Proposal for a regulation Article 4 – paragraph 4 4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within
Amendment 406 #
Proposal for a regulation Article 4 – paragraph 4 4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within
Amendment 407 #
Proposal for a regulation Article 4 – paragraph 4 a (new) 4a. Notwithstanding paragraph 5, competent authorities may conclude that there is substantiated concern, on the basis of any other facts available where it was not possible to gather information and evidence pursuant to Article 4(4).
Amendment 408 #
Proposal for a regulation Article 4 – paragraph 5 Amendment 409 #
Proposal for a regulation Article 4 – paragraph 5 5. Within 30 working days from the date of receipt of the information submitted by economic operators and relevant product suppliers 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.
Amendment 410 #
Proposal for a regulation Article 4 – paragraph 5 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 an ongoing and 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.
Amendment 411 #
Proposal for a regulation Article 4 – paragraph 5 5. Within
Amendment 412 #
Proposal for a regulation Article 4 – paragraph 5 5. Within 30 working days from the date of receipt of the information submitted by economic operators pursuant to paragraph 4, the competent authorit
Amendment 413 #
Proposal for a regulation Article 4 – paragraph 5 a (new) 5a. Notwithstanding paragraph 5, competent authorities may conclude that there is substantiated concern on the basis of any other facts available where it was not possible to gather information and evidence pursuant to Article 4(4).
Amendment 414 #
Proposal for a regulation Article 4 – paragraph 6 Amendment 415 #
Proposal for a regulation Article 4 – paragraph 6 Amendment 416 #
Proposal for a regulation Article 4 – paragraph 6 Amendment 417 #
Proposal for a regulation Article 4 – paragraph 6 6. The competent authority shall provide an opportunity for and 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 supply chain,
Amendment 418 #
Proposal for a regulation Article 4 – paragraph 6 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 supply chain, adopts and carries out measures suitable and effective for bringing to an end forced labour in a short period of time. Economic operators, which are not within the scope of [Directive 20XX/XX/EU on Corporate Sustainability Due Diligence], shall not be disadvantaged for not having conducted due diligence in accordance with that Directive.
Amendment 419 #
Proposal for a regulation Article 4 – paragraph 6 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 supply chain, adopts and carries out measures suitable and effective for bringing to an end forced labour in a short period of time. The competent authority shall assess whether the economic operator demonstrates that it did not use disengagement as first resort for the products under assessment or products that are equivalent thereof.
Amendment 420 #
Proposal for a regulation Article 4 – paragraph 6 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 supply chain, adopts and carries out measures
Amendment 421 #
Proposal for a regulation Article 4 – paragraph 6 6. The competent authority shall duly take into account where the economic operator demonstrates that it
Amendment 422 #
Proposal for a regulation Article 4 – paragraph 6 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 supply chain, adopts and carries out measures suitable and effective for bringing to an end forced labour in a
Amendment 423 #
Proposal for a regulation Article 4 – paragraph 6 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
Amendment 424 #
Proposal for a regulation Article 4 – paragraph 6 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 supply chain, adopts and carries out measures suitable and effective for bringing to an end forced labour in
Amendment 425 #
Amendment 426 #
Proposal for a regulation Article 4 – paragraph 7 7. Competent authorities shall not initiate an investigation pursuant to Article 5, and shall inform the economic operators under assessment accordingly, where, on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4, the competent authorities consider that there is no substantiated concern of a violation of Article 3, and that the reasons that motivated the existence of a substantiated concern have been eliminated, for instance due to, but not limited to, the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour referred to in paragraph 3 being applied in
Amendment 427 #
Proposal for a regulation Article 4 – paragraph 7 7. Competent authorities shall not initiate an investigation pursuant to Article 5, and shall inform the economic operators under assessment accordingly, where, on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4, the competent authorities consider that there is no substantiated concern of a violation of Article 3, or that the reasons that motivated the existence of a substantiated concern have been eliminated, for instance due to, but not limited to, the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour referred to in paragraph 3 being applied in a way that mitigates, prevents and brings to an end the risk of forced labour and remediates forced labour.
Amendment 428 #
Proposal for a regulation Article 4 – paragraph 7 7.
Amendment 429 #
Proposal for a regulation Article 4 – paragraph 7 7. Competent authorities shall not initiate an investigation pursuant to Article 5, and shall inform the economic operators under assessment accordingly, where, on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4, the competent authorities con
Amendment 430 #
Proposal for a regulation Article 4 – paragraph 7 7. Competent authorities shall not initiate an investigation pursuant to Article 5, and shall inform the economic operators under assessment accordingly, where, on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4, the competent authorities consider that there is no substantiated concern of a violation of Article 3, 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
Amendment 431 #
Proposal for a regulation Article 4 a (new) Article 4 a Evidence of forced labour 1.For the purposes of this Regulation, the existence of forced labour will be determined with reference to the indicators for forced labour set out by the ILO, which will be detailed by the Commission in guidelines documents. 2. The indicators for forced labour will be determined by: a. involuntariness, namely work for which a person has not offered themself voluntarily; and b. Penalty, or menace of a penalty, namely where the work is performed under the menace of a penalty to the worker, imposed by an employer or third party. 3. Evidence shall be assessed with reference to the ILO ‘Hard to See, Harder to Count’ guidance. 4. Where there is evidence of one indicator present under each of subparagraphs (2 (a)) and (2(b)), there will be evidence of forced labour for the purposes of this Regulation.
Amendment 432 #
Proposal for a regulation Article 4 a (new) Article 4 a Burden of evidence Competent authorities shall bear the burden of establishing that forced labour has been used at any stage of production, manufacture, harvest or extraction of a product, including working or processing related to the product on the basis of all information and evidence gathered during the investigation, including its preliminary phase.
Amendment 433 #
Proposal for a regulation Article 5 – paragraph 1 1.
Amendment 434 #
Proposal for a regulation Article 5 – paragraph 1 1. Competent authorities that, pursuant to Article 4(5) or to the information contained in the database referred to in Article 11, determine that there is a substantiated concern of a violation of Article 3, shall decide to initiate an investigation on the products and economic operators concerned. When competent authorities initiate an investigation on the basis of evidence referred to in Article 11(1a), economic operators shall demonstrate that Article 3 has not been violated.
Amendment 435 #
Proposal for a regulation Article 5 – paragraph 1 1. Competent authorities that, pursuant to Article 4(5), determine that value chain due diligence has not been properly executed according to applicable international guidelines and that therefore there is a substantiated concern of a violation of Article 3, shall decide, as last resort instrument. to initiate an investigation on the products and economic operators concerned.
Amendment 436 #
Proposal for a regulation Article 5 – paragraph 1 1. Competent authorities that, pursuant to Article 4(5), and where appropriate with reference to 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 437 #
Proposal for a regulation Article 5 – paragraph 1 1.
Amendment 438 #
Proposal for a regulation Article 5 – paragraph 2 – introductory part 2. Competent authorities that initiate an investigation pursuant to paragraph 1 shall inform the economic operators subject to the investigation, in case it has reason to believe that the economic operator is in possession of additional information which is material to the investigation. It should do so within 3 working days from the date of the decision to initiate such investigation, about the following:
Amendment 439 #
Proposal for a regulation Article 5 – paragraph 2 – introductory part 2.
Amendment 440 #
Proposal for a regulation Article 5 – paragraph 2 – introductory part 2. Competent authorities that initiate an investigation pursuant to paragraph 1 shall inform the economic operators subject to the investigation
Amendment 441 #
Proposal for a regulation Article 5 – paragraph 2 – introductory part 2.
Amendment 442 #
Proposal for a regulation Article 5 – paragraph 2 – point b (b) the products as well as the geographical area from which the product or any of its part subject to the investigation;
Amendment 443 #
Proposal for a regulation Article 5 – paragraph 2 – point b (b) the products or services subject to the investigation;
Amendment 444 #
Proposal for a regulation Article 5 – paragraph 2 – point c (c) the reasons for the initiation of the
Amendment 445 #
Proposal for a regulation Article 5 – paragraph 2 – point c a (new) (ca) remind operators that they are required to engage with business partners in their value chains to remedy the violations, and that they shall pursue prevention, minimisation and remediation efforts in accordance with a time-bound plan;
Amendment 446 #
Proposal for a regulation Article 5 – paragraph 2 – point c b (new) (cb) point out to operators that except for situations of State-Imposed Forced Labour, disengagement remains only the last resort where adverse impacts cannot be mitigated, and inform that economic operators shall engage meaningfully with stakeholders, especially affected workers and their representatives, where they are impacted by the decision to disengage before taking such a decision, and shall address the adverse impacts related to the decision to disengage and pursue remediation of past adverse impact where appropriate;
Amendment 447 #
Proposal for a regulation Article 5 – paragraph 2 – point d (d) the possibility for the economic operators to submit any
Amendment 448 #
Proposal for a regulation Article 5 – paragraph 2 – point d a (new) (da) where the investigation has been initiated on the basis of evidence referred to in Article 11(1a), the requirement for the economic operator to demonstrate that Article 3 has not been violated.
Amendment 449 #
Proposal for a regulation Article 5 – paragraph 2 – point d a (new) (da) the substantive information of any submission made by any natural or legal person that contributed to initiating an investigation, while withholding their identifying details.
Amendment 450 #
Proposal for a regulation Article 5 – paragraph 2 – point d a (new) Amendment 451 #
Proposal for a regulation Article 5 – paragraph 2 a (new) 2a. In case where the economic operator is informed about the investigation, the Commission and competent authorities shall order the suspension of the circulation of products under investigation at any time during the investigation.
Amendment 452 #
Proposal for a regulation Article 5 – paragraph 2 a (new) 2a. In case where the economic operator is informed about the investigation, the Commission and competent authorities shall immediately order the suspension of the circulation of products.
Amendment 453 #
Proposal for a regulation Article 5 – paragraph 3 – introductory part 3. Where requested to do so by the Commission or competent authorities, economic operators under investigation shall submit to those competent authorities any information 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:
Amendment 454 #
Proposal for a regulation Article 5 – paragraph 3 – introductory part 3.
Amendment 455 #
3. Where requested to do so by competent authorit
Amendment 456 #
Proposal for a regulation Article 5 – paragraph 3 – point a (a)
Amendment 457 #
Proposal for a regulation Article 5 – paragraph 3 – point a (a) prioritise the economic operators under investigation involved in the steps of the
Amendment 458 #
Proposal for a regulation Article 5 – paragraph 3 – point a (a) prioritise the economic operators under investigation involved in the steps of the
Amendment 459 #
Proposal for a regulation Article 5 – paragraph 3 – point a (a) prioritise the economic operators under investigation involved in the steps of the
Amendment 460 #
Proposal for a regulation Article 5 – paragraph 3 – point b Amendment 461 #
Proposal for a regulation Article 5 – paragraph 3 – point b (b) take into account the size and economic resources of the economic operators, in particular, whether the operator is an SME, the quantity of products concerned, as well as the scale of suspected forced labour.
Amendment 462 #
(b) take into account the size and economic resources of the economic operators, the quantity of products concerned, the complexity of the supply chain as well as the scale of suspected forced labour.
Amendment 463 #
Proposal for a regulation Article 5 – paragraph 3 – point b (b) take into account the size and economic resources of the economic operators, the quantity of products concerned or the volume of services, as well as the scale of suspected forced labour.
Amendment 464 #
Proposal for a regulation Article 5 – paragraph 3 – point b (b) take into account the size
Amendment 465 #
Proposal for a regulation Article 5 – paragraph 4 4. Economic operators shall submit the information within
Amendment 466 #
Proposal for a regulation Article 5 – paragraph 4 4. Economic operators shall submit the information within
Amendment 467 #
Proposal for a regulation 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 up to 5 working days of that time limit.
Amendment 468 #
Proposal for a regulation Article 5 – paragraph 4 4. Economic operators shall submit the information within
Amendment 469 #
Proposal for a regulation Article 5 – paragraph 4 4. Economic operators shall submit the information within
Amendment 470 #
Proposal for a regulation Article 5 – paragraph 4 4. Economic operators shall submit the information within
Amendment 471 #
Proposal for a regulation Article 5 – paragraph 4 4. Economic operators shall submit the information within
Amendment 472 #
Proposal for a regulation Article 5 – paragraph 5 Amendment 473 #
Proposal for a regulation Article 5 – paragraph 5 Amendment 474 #
Proposal for a regulation Article 5 – paragraph 5 5. When deciding on the time limits referred to in this Article, competent authorities shall consider all relevant aspects, including complexity of the product and its supply chain and the size and economic resources of the economic operators concerned.
Amendment 475 #
Proposal for a regulation Article 5 – paragraph 5 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, in particular, whether the operator is an SME.
Amendment 476 #
Proposal for a regulation Article 5 – paragraph 5 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 as well as the complexity of the supply chain.
Amendment 477 #
Proposal for a regulation Article 5 – paragraph 5 5. When deciding on the time limits referred to in this Article, the competent authorit
Amendment 478 #
Proposal for a regulation Article 5 – paragraph 6 6.
Amendment 479 #
Proposal for a regulation Article 5 – paragraph 6 6. Competent authorities may carry out all necessary checks and inspections including investigations in third countries, provided that the
Amendment 480 #
Proposal for a regulation Article 5 – paragraph 6 6.
Amendment 481 #
Proposal for a regulation Article 5 – paragraph 6 a (new) 6a. The identity of the economic operator shall not be made publicly available during the investigation.
Amendment 482 #
Proposal for a regulation Article 5 – paragraph 6 b (new) 6b. No later than 6 months after the entry into force of this Regulation, the Commission shall issue the guidance on investigation process including best practices and update them on an annual basis.
Amendment 484 #
Proposal for a regulation Article 6 – paragraph 1 1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish whether Article 3 has been violated, within
Amendment 485 #
Proposal for a regulation Article 6 – paragraph 1 1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish whether Article 3 has been violated, within a reasonable period of time from the date they initiated the investigation pursuant to Article 5(1). Ongoing investigations shall not be included in the database.
Amendment 486 #
Proposal for a regulation Article 6 – paragraph 1 1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish whether there is sufficient reason to believe that Article 3 has been violated, within
Amendment 487 #
Proposal for a regulation Article 6 – paragraph 1 1. Competent authorities shall assess all information and evidence gathered pursuant to Article
Amendment 488 #
Proposal for a regulation Article 6 – paragraph 1 1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish and duly motivate whether Article 3 has been violated, within a reasonable period of time from the date they initiated the investigation pursuant to Article 5(1).
Amendment 489 #
Proposal for a regulation Article 6 – paragraph 1 1.
Amendment 490 #
Proposal for a regulation Article 6 – paragraph 1 1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish whether Article 3 has been violated, within
Amendment 491 #
Proposal for a regulation Article 6 – paragraph 2 Amendment 492 #
Proposal for a regulation Article 6 – paragraph 2 Amendment 493 #
Proposal for a regulation Article 6 – paragraph 2 Amendment 494 #
2. Notwithstanding paragraph 1, competent authorities may establish that Article 3 has been violated on the basis of any other facts available where it was not possible to gather information and evidence pursuant to Article 4(3) and Article 5(3) or (6).
Amendment 495 #
Proposal for a regulation Article 6 – paragraph 2 2. Notwithstanding paragraph 1, the competent authorit
Amendment 496 #
Proposal for a regulation Article 6 – paragraph 2 a (new) Amendment 497 #
Proposal for a regulation Article 6 – paragraph 3 3. Where
Amendment 498 #
Proposal for a regulation Article 6 – paragraph 3 3. Where competent authorities cannot establish that Article 3 has been violated, they shall take a decision to close the investigation and inform the economic operator thereof. The closing of the investigation for lack of proof shall not preclude the right of competent authorities to start a new investigation into the same product in case new relevant information arises.
Amendment 499 #
Proposal for a regulation Article 6 – paragraph 3 3. Where competent authorities cannot establish that Article 3 has been violated, they shall take a decision to close the investigation and inform the economic operator thereof. This closing of the investigation for lack of proof shall not preclude the right of competent authority to start a new investigation into the same product should new information be made available.
Amendment 500 #
Proposal for a regulation Article 6 – paragraph 3 3. Where competent authorities cannot establish that Article 3 has been violated, they shall take a decision to close the investigation and inform the economic operator thereof. This decision shall not preclude the right of competent authorities to start a new investigation on the same product where new information is made available.
Amendment 501 #
Proposal for a regulation Article 6 – paragraph 3 3. Where competent authorities cannot establish that Article 3 has been violated, they shall take a decision to close the investigation and inform the economic operator thereof. Such closed investigations shall not appear in the database.
Amendment 502 #
Proposal for a regulation Article 6 – paragraph 4 – introductory part 4. Where competent authorities establish that Article 3 has been violated, they shall without delay adopt a decision containing one or more of the following measures:
Amendment 503 #
Proposal for a regulation Article 6 – paragraph 4 – introductory part 4. Where the competent authorit
Amendment 504 #
Proposal for a regulation Article 6 – paragraph 4 – point a (a) a prohibition to place or make the products concerned available on the Union market, offline and online, and to export them;
Amendment 505 #
Proposal for a regulation Article 6 – paragraph 4 – point a (a) a prohibition to place or make the products or product component concerned available on the Union market and to export them;
Amendment 506 #
(a) a prohibition to place or make the products or services concerned available on the Union market and to export them;
Amendment 507 #
Proposal for a regulation Article 6 – paragraph 4 – point b (b) an order for the economic operators that have been subject to the investigation to employ reasonable and proportionate efforts to withdraw from the Union market the relevant products that have already been placed or made available on the market, taking into account the size and economic resources concerned, in particular, whether the operator is an SME;
Amendment 508 #
Proposal for a regulation Article 6 – paragraph 4 – point b (b) an order for the economic operators that have been subject to the investigation to withdraw from the Union market the
Amendment 509 #
Proposal for a regulation Article 6 – paragraph 4 – point b (b) an order for the economic operators that have been subject to the investigation to withdraw from the Union market the relevant products or services that have already been placed or made available on the market;
Amendment 510 #
Proposal for a regulation Article 6 – paragraph 4 – point b (b) an order for the economic operators that have been subject to the investigation to withdraw from the Union market the relevant products that have already been stored or placed or made available on the market;
Amendment 511 #
Proposal for a regulation Article 6 – paragraph 4 – point c (c) an order for the economic operators that have been subject to the investigation to either donate the respective products to charitable causes or dispose of the respective products in line with the waste hierarchy in accordance with national law consistent with Union law.
Amendment 512 #
Proposal for a regulation Article 6 – paragraph 4 – point c (c) an order for the economic operators that have been subject to the investigation to dispose of the respective products in accordance with national law consistent with Union law or to remove or replace the component of the product that was made with forced labour.
Amendment 513 #
Proposal for a regulation Article 6 – paragraph 4 – point c (c) an order for the economic operators that have been subject to the investigation to recycle the products concerned or, when that is not possible, dispose of the respective products in accordance with national law consistent with Union law.
Amendment 514 #
Proposal for a regulation Article 6 – paragraph 4 – point c (c) an order for the economic operators that have been subject to the investigation to
Amendment 515 #
Proposal for a regulation Article 6 – paragraph 4 – point c (c) an order for the economic operators that have been subject to the investigation to dispose of the respective products in accordance with national law consistent with Union law or to stop providing the respective service.
Amendment 516 #
Proposal for a regulation Article 6 – paragraph 4 – point c (c) an order for the economic operators that have been subject to the investigation to donate, recycle or dispose of the respective products in accordance with
Amendment 517 #
Proposal for a regulation Article 6 – paragraph 4 – point c – point i (new) i) donate the products concerned to charitable organisations or organisations that benefit public interest;
Amendment 518 #
Proposal for a regulation Article 6 – paragraph 4 – point c – point i (new) (i) recycle the products concerned;
Amendment 519 #
Proposal for a regulation Article 6 – paragraph 4 – point c – point ii (new) (ii) where donation is not possible, recycle the products concerned;
Amendment 520 #
Proposal for a regulation Article 6 – paragraph 4 – point c – point iii (new) (iii) where points (i) and (ii) are not possible, dispose of the respective products in accordance with national law consistent with Union law.
Amendment 521 #
Proposal for a regulation Article 6 – paragraph 4 – point c a (new) (ca) measures that economic operator must implement as to effectively address root causes of forced labour present on its value chain. This shall include engagement with their suppliers throughout the value chain and identify and address root causes leading to use of forced labour in the investigated product.
Amendment 522 #
Proposal for a regulation Article 6 – paragraph 4 – point c a (new) (ca) a requirement to take into account the specific nature of food products when they are disposed of in order to prevent food waste and losses.
Amendment 523 #
Proposal for a regulation Article 6 – paragraph 4 – point c a (new) (ca) other appropriate remedial measure.
Amendment 524 #
Proposal for a regulation Article 6 – paragraph 4 a (new) 4a. Without prejudice to paragraph 4 (a), (b) and (c), competent authorities shall be empowered to issue an order for the economic operators to provide evidence of remediation measures in accordance with Article 2, according to their individual responsibilities referred to in Article 5(3). The remediation plan and its implementation strategy must be agreed upon between competent authorities and must involve meaningful consultation of affected workers and stakeholders. Evidence that remediation measures have been correctly implemented should be obtained in consultation of the affected workers and stakeholders.
Amendment 525 #
Proposal for a regulation Article 6 – paragraph 4 a (new) 4a. When deciding on a measure in accordance with Article 4(4), the competent authority shall consider factors such as the mitigating measures put in place by the economic operator, absence of other safety concerns related to the product, the impact on the EU resilience, the complexity of the supply chain, the existence of alternative products, the costs, environmental and socio-economic impact of the measure.
Amendment 526 #
Proposal for a regulation Article 6 – paragraph 4 a (new) 4a. an order for the economic operator to provide remediation to affected workers according to their individual responsibilities as identified under Article 5(3). The remediation plan and its implementation strategy must be agreed upon between competent authorities, upon meaningful consultation, when possible, of affected workers and stakeholders.
Amendment 527 #
Proposal for a regulation Article 6 – paragraph 4 b (new) 4b. where applicable, an order for the economic operators to reform unfair purchasing practices.
Amendment 528 #
Proposal for a regulation Article 6 – paragraph 5 – introductory part 5. Where an economic operator has failed to comply with the decision referred to in paragraph 4, the competent authorities shall ensure
Amendment 529 #
5. Where an economic operator has failed to comply with the decision referred to in paragraph 4, the competent authorit
Amendment 530 #
Proposal for a regulation Article 6 – paragraph 5 – point a (a) that it is prohibited to place or make available the products or services concerned on the market;
Amendment 531 #
Proposal for a regulation Article 6 – paragraph 5 – point b (b) that the products or services already placed or made available on the market are withdrawn from the Union market;
Amendment 532 #
Proposal for a regulation Article 6 – paragraph 5 – point c (c) that any product remaining with the economic operator concerned is
Amendment 533 #
Proposal for a regulation Article 6 – paragraph 5 – point c (c) that any product remaining with the economic operator concerned is recycled, or, where that is not possible, disposed of in accordance with national law consistent with Union law at the expense of the economic operator.
Amendment 534 #
Proposal for a regulation Article 6 – paragraph 5 – point c (c) that any product remaining with the economic operator concerned
Amendment 535 #
Proposal for a regulation Article 6 – paragraph 5 – point c (c) that any product remaining with the economic operator concerned is donated, recycled or disposed of in accordance with
Amendment 536 #
Proposal for a regulation Article 6 – paragraph 5 – point c (c) that any product remaining with the economic operator concerned is recycled or disposed of in accordance with national law consistent with Union law at the expense of the economic operator.
Amendment 537 #
Proposal for a regulation Article 6 – paragraph 5 – point c – point i (new) (i) donated to charitable organisations or organisations that benefit public interest;
Amendment 538 #
Proposal for a regulation Article 6 – paragraph 5 – point c – point ii (new) (ii) where donation is not possible, recycled
Amendment 539 #
Proposal for a regulation Article 6 – paragraph 5 – point c – point iii (new) (iii) where points (i) and (ii) are not possible, disposed of in accordance with national law consistent with Union law at the expense of the economic operator.
Amendment 540 #
Proposal for a regulation Article 6 – paragraph 5 – point c a (new) Amendment 541 #
Proposal for a regulation Article 6 – paragraph 6 6. Where the Commission or competent authorities establish that economic operators have provided evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they have eliminated forced labour from their operations or supply chain with respect to the products concerned, and that effective processes have been put in place to prevent harm from occurring again in the future and in cases of not state-imposed forced labour that they have provided remediation in accordance with paragraph 4 new, the competent authorities shall withdraw their decision for the future and inform the economic operators.
Amendment 542 #
Proposal for a regulation Article 6 – paragraph 6 6. Where competent authorities establish that economic operators have provided evidence
Amendment 543 #
Proposal for a regulation Article 6 – paragraph 6 6. Where competent authorities establish that economic operators have provided evidence
Amendment 544 #
Proposal for a regulation Article 6 – paragraph 6 6. Where economic operators provide evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they provide proof of effective remediation for workers who were victims of forced labour and have eliminated forced labour from their operations or supply chain with respect to the products concerned by addressing the root causes of forced labour found in their supply chain, the competent authorities shall withdraw their decision for the future and inform the economic operators.
Amendment 545 #
Proposal for a regulation Article 6 – paragraph 6 6. Where economic operators provide evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they have eliminated forced labour from their operations or supply chain with respect to the products concerned, the competent authorities shall withdraw their decision for the future and inform the economic operators. The economic operators shall also be removed from the database.
Amendment 546 #
Proposal for a regulation Article 6 – paragraph 6 6. Where competent authorities establish that economic operators have provided evidence
Amendment 547 #
Proposal for a regulation Article 6 – paragraph 6 6. Where economic operators provide evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they have actively pursued measures to eliminated forced labour from their operations or supply chain with respect to the products concerned, the competent authorities shall withdraw their decision for the future and inform the economic operators.
Amendment 548 #
Proposal for a regulation Article 6 – paragraph 6 6. Where economic operators provide evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they have eliminated forced labour from their operations or
Amendment 549 #
Proposal for a regulation Article 6 – paragraph 6 6. Where economic operators provide evidence to the competent authorit
Amendment 550 #
Proposal for a regulation Article 6 – paragraph 6 – subparagraph 1 (new) Economic operators shall avoid simply disengaging from their operators in order to eliminate forced labour from their supply chains. In case efforts to prevent, minimise and remedy the situation fail, then the economic operator shall consider disengaging in a responsible way. Before potentially reaching a decision to disengage, economic operators shall engage meaningfully with stakeholders that would be impacted by such a decision. Responsible disengagement entails, as a minimum, complying with collective agreements and articulating escalation measures. Economic operators shall act in accordance with the July 2021 Commission and EEAS guidance on combatting forced labour in supply chains.
Amendment 551 #
Proposal for a regulation Article 6 – paragraph 6 a (new) 6a. Article 6 a (new) Remediation 1. Evidence of remediation measures shall include evidence of the following: a. financial and non-financial compensation, including payment of all due wages and compensation for moral and material damages based on the duration and extent of the forced labour, and any harms suffered; b. restitution for the victims, to restore their position before the forced labour took place, including relevant arrangements for restoring, renewing and/or obtaining relevant documents such as visas and work permits, and returning their passport and any other personal documents; c. rehabilitation (for example, provision of treatment or counselling); d. effective preventative measures and guarantees of non-reoccurrence of forced labour; and where it is accompanied by one or more of the above measures, apologies. e. other remediation measures as agreed upon by affected workers and stakeholders and the economic operators Evidence that remediation measures have been correctly implemented shall be obtained in consultation of the affected workers and stakeholders and their representatives.
Amendment 552 #
Proposal for a regulation Article 6 – paragraph 6 a (new) 6a. Competent authorities shall ensure that a reasonable period is granted to economic operators to comply with their obligations under this Article.
Amendment 553 #
Proposal for a regulation Article 7 – paragraph 1 – point a (a) the findings of the investigation and the
Amendment 554 #
Proposal for a regulation Article 7 – paragraph 1 – point a a (new) (aa) measures that economic operator must implement as to effectively address root causes of forced labour present in its value chain. This shall include engagement with their suppliers throughout the value chain and identify and address root causes leading to use of forced labour in the investigated product;
Amendment 555 #
Proposal for a regulation Article 7 – paragraph 1 – point b (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 Commission or competent authority shall where relevant take into account the economic operator’s
Amendment 556 #
Proposal for a regulation Article 7 – paragraph 1 – point b (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
Amendment 557 #
Proposal for a regulation Article 7 – paragraph 1 – point b (b) a reasonable time limit for the economic operators to comply with the order, which shall not be less than
Amendment 558 #
Proposal for a regulation Article 7 – paragraph 1 – point b (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 or services. When setting such a time limit, the competent authority shall take into account the economic operator’s size and economic resources;
Amendment 559 #
(b) a reasonable time limit for the economic operators to comply with the order, which shall not be less than
Amendment 560 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) all relevant information and in particular the details allowing the identification of the product, to which the decision applies, including details about the manufacturer or producer and the product suppliers, taking into account the specific nature of food products;
Amendment 561 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) all relevant information and in particular the details allowing the
Amendment 562 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) all relevant information and in particular the details allowing the identification of the product, to which the decision applies, including details about the manufacturer or producer and the product suppliers in different geographical areas, if applicable;
Amendment 563 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) all relevant information and in particular the details allowing the identification of the product and production site, to which the decision applies, including details about the manufacturer
Amendment 564 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) all relevant information and in particular the details allowing the identification of the product, to which the decision applies, including details about the manufacturer
Amendment 565 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) all relevant information and in particular the details allowing the identification of the product, to which the decision applies, including details about the manufacturer
Amendment 566 #
Proposal for a regulation Article 7 – paragraph 1 – point d (d)
Amendment 567 #
Proposal for a regulation Article 7 – paragraph 1 – point d a (new) (da) all information allowing the economic operators to request a review of the decision in accordance with Article 8(5).
Amendment 568 #
Proposal for a regulation Article 7 – paragraph 2 2. The Commission shall adopt
Amendment 569 #
Proposal for a regulation Article 7 – paragraph 2 2. The Commission shall adopt
Amendment 570 #
Proposal for a regulation Article 8 – paragraph 1 1.
Amendment 571 #
Proposal for a regulation Article 8 – paragraph 1 1.
Amendment 572 #
Proposal for a regulation Article 8 – paragraph 1 a (new) 1a. The Commission and competent authorities shall ensure that any decision made by competent authorities, including a failure to make a decision, or a decision not to investigate, may be reviewed as an administrative decision of a public body in accordance with the Member States legal framework.
Amendment 573 #
Proposal for a regulation Article 8 – paragraph 2 2. A request for a review of a decision adopted pursuant Article 6(4) shall contain substantial new information that was not brought to the attention of the competent authority during the investigation. The request for a review shall delay the enforcement of the decision adopted pursuant to Article 6(4) until the competent authority decides on the request for the review.
Amendment 574 #
Proposal for a regulation Article 8 – paragraph 2 2. A request for a review of a decision adopted pursuant Article 6(4)
Amendment 575 #
3.
Amendment 576 #
Proposal for a regulation Article 8 – paragraph 3 3. A competent authority shall take a decision on the request for review within 1
Amendment 577 #
Proposal for a regulation Article 8 – paragraph 4 4. Where a competent authority considers that after taking into account the new information provided by the economic operator in accordance with paragraph 1 it cannot establish that the products have
Amendment 578 #
Proposal for a regulation Article 8 – paragraph 4 4. Where a competent authority considers that after taking into account the new information provided by the economic operator in accordance with paragraph 1 it cannot establish that the products or services have been placed or made available on the market or are being exported in violation of Article 3, it shall withdraw its decision adopted pursuant to Article 6(4).
Amendment 579 #
Proposal for a regulation Article 8 – paragraph 5 5. Economic operators that have been affected by a decision of a competent authority pursuant to this Regulation shall have access to a court to review the
Amendment 580 #
Proposal for a regulation Article 8 – paragraph 5 5. Economic operators that have been affected by a decision of a competent authority pursuant to this Regulation shall have access to a court to review the procedural and substantive legality of the decision. Economic operators shall be entitled to compensation or damages for the prohibition, withdrawal or destruction of products arising from a wrongful decision by a competent authority.
Amendment 581 #
Proposal for a regulation Article 8 – paragraph 5 5. Economic operators that have been affected by a decision of a competent authority pursuant to this Regulation shall have access to an interim legal protection and to regular judicial proceedings before a court to review the procedural and substantive legality of the decision. The right to be heard of the economic operator shall be respected at any point of the process.
Amendment 582 #
Proposal for a regulation Article 8 – paragraph 5 5. Economic operators that have been affected by a decision of
Amendment 583 #
Proposal for a regulation Article 8 – paragraph 7 7. Decisions adopted by the competent authorit
Amendment 584 #
Proposal for a regulation Article 8 – paragraph 7 a (new) 7a. The Commission and competent authorities shall ensure that any decision made by competent authorities, including a failure to make a decision, or a decision not to investigate, may be reviewed as an administrative decision of a public body in accordance with the Member States legal framework.
Amendment 585 #
Proposal for a regulation Article 8 – paragraph 7 a (new) 7a. Economic operators shall have a right to compensation for damages in line with Union and applicable national law that were caused by a wrongful decision of public authorities.
Amendment 586 #
Proposal for a regulation Article 8 a (new) Article8 Establishment of a presumption of forced labour 1. The Commission is empowered to adopt a decision, by means of an implementing act pursuant to Article 29, identifying specific products produced in specific areas, or by specific entities, that are presumed to be in violation of Article 3 due to the existence of forced labour imposed by state authorities. The Commission shall do so where it considers that the high level of risk, the systemic scale of the violations and the number of products involved make it necessary in order to reduce the burden on the competent authorities and to enforce the prohibition laid down in Article 3 effectively. 2. The decision referred to in paragraph 1 shall be adopted after examination of the evidence contained in the database referred to in Article 11.
source: 749.277
2023/06/22
DEVE
22 amendments...
Amendment 1 #
Proposal for a regulation 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
Amendment 10 #
Proposal for a regulation 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
Amendment 11 #
Proposal for a regulation 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 (c) ‘due diligence in relation to forced labour’ means the
Amendment 13 #
Proposal for a regulation 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
Amendment 14 #
Proposal for a regulation Article 5 Investigations Investigations 1. Competent authorities that, pursuant to Article 4(5), determine that there is a substantiated concern of a
Amendment 15 #
Proposal for a regulation 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
Amendment 16 #
Proposal for a regulation 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
Amendment 17 #
Proposal for a regulation Article 10 Amendment 18 #
Proposal for a regulation Article 11 Amendment 19 #
Proposal for a regulation 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 2 #
Proposal for a regulation Recitals 2 a, 2 b, 2 c, 2 d (new) Amendment 20 #
Proposal for a regulation Article 23 Guidelines Guidelines The Commission shall issue guidelines no later than
Amendment 21 #
Proposal for a regulation 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.
Amendment 22 #
Proposal for a regulation Article 26 1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission
Amendment 3 #
Proposal for a regulation 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
Amendment 4 #
Proposal for a regulation Recital 5 (5) Through its policies
Amendment 5 #
Proposal for a regulation 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
Amendment 6 #
Proposal for a regulation 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
Amendment 7 #
Proposal for a regulation 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,
Amendment 8 #
Proposal for a regulation Recital 32 (32)
Amendment 9 #
Proposal for a regulation 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.
source: 746.880
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