25 Amendments of Alicia HOMS GINEL related to 2022/0269(COD)
Amendment 28 #
Proposal for a regulation
Recital 1
Recital 1
(1) As recognised in the Preamble to the 2014 Protocol to Convention No. 29 on forced labour (‘ILO Convention No. 29’) of the International Labour Organization (‘ILO’), forced labour constitutes a serious violation of human dignity and fundamental human rights, 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 or service, mainly in productive sectors, such as processing, agriculture and fisheries, in particular in third countries involved in trading relations with the EU, and services, such as transportation, storage and logistics, is exacted from any persons under threat have not offered it themselvesof a penalty and for which the person has not offered himself or herself voluntarily. 17c _________________ 16 https://www.ilo.org/global/standards/introd uction-to-international-labour- standards/conventions-and- recommendations/lang--en/index.htm. 17b ILO Forced Labour (Supplementary Measures) Recommendation, 2014. 17c The ILO definition of forced labour according to the ILO Forced Labour Convention, 19230 (No. 29), What is forced labour, modern slavery and human trafficking (Forced labour, modern slavery and human trafficking) (ilo.org).
Amendment 30 #
Proposal for a regulation
Recital 2
Recital 2
(2) The use of forced labour is widespread in the world. It is estimated that about 27.6 million people were in forced labour in 2021.18Vulnerable and marginalised groups in a society are particularly susceptible to be pressured into performing forced labour. Even when it is not state imposed, forced labour is often a consequence of a lack of good governance of certain economic operators. Women and girls make up to 11.8 million of the total in forced labour. More than 3.3 million of all those in forced labour are children. Between 2016 and 2021 the estimated number of people in forced labour increased by 2.7 million18a.Vulnerable and marginalised groups in a society, such as women, children, ethnic minorities, persons with disabilities, lower casters, indigenous and tribal people, migrants, especially if they are undocumented, with a precarious status and in the informal economy, 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. Unfair purchasing practices by economic operators can lead to labour rights violation in the value chain, especially in the field of agriculture, fisheries, textile, road transport and logistics, mainly in third countries involved in trading relations with the EU. _________________ 18 The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733. pdf. 18a The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733 .pdf.
Amendment 40 #
Proposal for a regulation
Recital 3
Recital 3
(3) The eradication of forced labour is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union andexplicitly prohibits slavery, servitude, forced or compulsory labour and trafficking in human beings. 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.19Article 31 of the Charter of Fundamental Rights of the European Union recognizes the right of every worker to fair and just working conditions, which respect his or her health, safety and dignity. The right to an effective remedy and to a fair trial is laid down in Article 47 thereof. _________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.
Amendment 44 #
Proposal for a regulation
Recital 4
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 https://www.ilo.org/wcmsp5/groups/public /---europe/---ro-geneva/---ilo- brussels/documents/publication/wcms_195 135.pdf. 21a ILO Global Estimates of modern slavery: forced labour and forced marriage, 2022.
Amendment 47 #
Proposal for a regulation
Recital 5
Recital 5
(5) Through its policies and legislative initiatives the Union seeks to eradicate the use of forced labour. 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 in the Un, nor in goods and services that are to be made available on the Union market or to be exported. Any due diligence of the economic operator in the value chain shall only be relevant insofar as it relates to evidence of remediation.
Amendment 53 #
Proposal for a regulation
Recital 17
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 punishment for participation in strikes, or as a means of racial, religious or other discrimination.31It should 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. _________________ 31 What is forced labour, modern slavery and human trafficking (Forced labour, modern slavery and human trafficking) (ilo.org) and the ILO Conventions No. 29 and No. 105 referred therein.
Amendment 59 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘forced labour’ means forced or compulsory labour as defined inall work or service exacted from any person under threat of a penalty and for which the person has not offered himself or herself voluntarily in accordance with Article 2 of the Convention on Forced Labour, 1930 (No. 29) of the International Labour Organization, including forced child labour;
Amendment 60 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘forced labour imposed by state authorities’ means the use of forced labour: - as described ina 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; - as a method of mobilising and using labour for purposes of economic development; - as a means of labour discipline; - as a punishment for having participated in strikes; or - as a means of racial, social, national or religious discrimination, in accordance with Article 1 of the Convention on the Abolition of Forced Labour, 1957 (No. 105) of the International Labour Organization;
Amendment 65 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘due diligence in relation to forced labour’ means the efforts by an economic operator to implement mandatory requidentify, premvents, voluntary guidelines, recommendations or practices to identify, prevent, mitigate or bring to an end the use of forced labourbring to an end and remediate forced labour in its operations and value chain, with respect to its products and services that are to be made available on the Union market or to be exported, whereby brining to an end forced labour does not mean disengagement as first resort;
Amendment 70 #
Proposal for a regulation
Article 4
Article 4
Amendment 72 #
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. Before initiating an investigation in accordance with Article 5(1), the competent authority shall request from the economic operators under assessment information on actions taken to identify, prevent, mitigate or bring to an end risks ofand remediate forced labour in their operations and value chains with respect to the products and services under assessment, including on the basis of any of the following:
Amendment 93 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and, regularly updated and publically accessible database of forced labour risks in specific geographic areas, production sites, 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. This database shall be easily accessible. The Commission, after consultation with competent authorities, trade unions and other stakeholders, may presume that products or services originating from countries or regions with systematic and wide spread forced labour practices, as identified by the Commission, or from countries and regions listed in the database, were manufactured or provided using forced labour. 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.
Amendment 103 #
Proposal for a regulation
Article 24 – title
Article 24 – title
Union Network Against Forced Labour Products
Amendment 106 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A Union Network Against Forced Labour Products (‘the Network’) is established and led 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 107 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The Network shall be composed of one representatives from each Member States’ competent authority, representatives from the Commission and, where appropriate, experts from the customs authoritie and representatives from the Commission as well as one independent expert appointed by the European Parliament and four representatives of European social partners as observers. Each Member State shall nominate a representative and an alternate representative from its competent authority. Cross-industry social partner organisations at Union level may designate four representatives as observers to the Network with an equal representation of trade union and employer organisations.
Amendment 109 #
Proposal for a regulation
Article 24 – paragraph 2 a (new)
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 111 #
Proposal for a regulation
Article 24 – paragraph 3 – point a a (new)
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 113 #
Proposal for a regulation
Article 24 – paragraph 3 – point c a (new)
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
Article 24 – paragraph 3 – point d
(d) contribute to the development of guidancedevelop guidelines to ensure the effective and uniform application of this Regulation and monitor its enforcement in the Member States;
Amendment 115 #
Proposal for a regulation
Article 24 – paragraph 3 – point f
Article 24 – paragraph 3 – point f
(f) to promote the cooperation and exchange of expertise and best practices between competent authorities and customs authorities;
Amendment 116 #
Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)
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 118 #
Proposal for a regulation
Article 24 – paragraph 3 – point f b (new)
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)
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)
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
Article 24 – paragraph 4
4. The Commission shall support and encourage cooperation between enforcement authorities through the Network and participate in the meetings of the Network.