Activities of Miguel URBÁN CRESPO related to 2022/0269(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on prohibiting products made with forced labour on the Union market
Amendments (94)
Amendment 74 #
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 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 persons under the threat havenot offered it themselvesvoluntarily.17of a penalty and for which the person hasnot offered himself or herselfvoluntarily.17The European Court of Human Rights has repeatedly found that, under Article 4 of the European Convention on Human Rights, initial consent and voluntariness become null and void if there is an abuse of position of vulnerability. _________________ 16 https://www.ilo.org/global/standards/introd uction-to-international-labour- standards/conventions-and- recommendations/lang--en/index.htm. 17 The ILO definition of forced labour according to the ILO Forced Labour Convention, 1920 (No. 29), What is forced labour, modern slavery and human trafficking (Forced labour, modern slavery and human trafficking) (ilo.org).
Amendment 76 #
Proposal for a regulation
Recital 1 a (new)
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 79 #
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, including 3.3 million children, were in forced labour in 2021.18Vulnerable 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 of root causes such as poverty, discrimination, weak governance and democracy, lack of welfare and decent employment conditions and opportunities. In particular, unfair purchasing practices by economic operators can lead to labour rights violations down the supply chain and ultimately, to forced labour. _________________ 18 The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733. pdf.
Amendment 83 #
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 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 Siliadin v. France or para. 105 in Chowdury and Others v. Greece.
Amendment 85 #
Proposal for a regulation
Recital 3 a (new)
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 88 #
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 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 92 #
Proposal for a regulation
Recital 6
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 94 #
Proposal for a regulation
Recital 7
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 Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA, OJ L 101, 15.4.2011, p.1.
Amendment 96 #
Proposal for a regulation
Recital 8
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. Those obligations apply to large companies over a certain threshold in terms of number of employees and net turnover, and to smaller companies in high-impact sectors over a certain threshold in terms of number of employees and net turnover.22] _________________ 22 Directive 20XX/XX/EU of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937, OJ XX, XX.XX.20XX, p. XX.
Amendment 98 #
Proposal for a regulation
Recital 12
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 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.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 Commission to the European Parliament, the Council and the European Economic and Social Committee on decent work worldwide for a global just transition and a sustainable recovery (COM(2022) 66 final).
Amendment 101 #
Proposal for a regulation
Recital 12 a (new)
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 106 #
Proposal for a regulation
Recital 16
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
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.
Amendment 115 #
Proposal for a regulation
Recital 20
Recital 20
Amendment 119 #
Proposal for a regulation
Recital 21
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. CThe Commission and competent authorities should initiate an investigation where, based on their assessment of all available information, they establish that there is a substantiated concerreasonable suspicion of a violation of the prohibition.
Amendment 121 #
Proposal for a regulation
Recital 22
Recital 22
(22) Before initiatDuring an investigation, competent authorities shouldmay request from the economic operators under assessment information on actions taken to mitigate, prevent, remediate and 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 123 #
Proposal for a regulation
Recital 22 a (new)
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 125 #
Proposal for a regulation
Recital 23
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
Recital 24
(24) During the preliminary phase of investigation, the Commission and competent authorities should focus oninvestigate the economic operators involved in the steps of the value chain where there is a higher risk of forced labourall steps with respect to the products under investigation, also taking into account their size and economic resourcespolicies and practices (in relation to purchasing practices in particular), the quantity of products concerned and the scale of the suspected forced labour.
Amendment 128 #
(25) Competent authorities, when requesting information during the investigation, should prioritiseidentify to the extent possible and consistent with the effective conduct of the investigation the responsibilities of all 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 economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.
Amendment 130 #
Proposal for a regulation
Recital 26
Recital 26
(26) Competent authoritieEconomic operators should bear the burden of establishproving that forced labour has not been used at any stage of production, manufacture, harvest or extraction of a product, transport and storage 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 the opportunity to provide information in their defence to the competent authorities throughout the investigation.
Amendment 131 #
Proposal for a regulation
Recital 27
Recital 27
(27) CThe Commission and 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 managementlevant products should be seized. The cost of their storage should be borne by the economic operator and the products disposed of in accordance with national law consistent with Union law, including destined to social re-use or sold and the proceeds shall be directed to the victims.
Amendment 132 #
Proposal for a regulation
Recital 28
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
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. framing its decision to sanction economic operators the authorities should take into account the imbalances of power in and around global supply chains and the individual responsibilities of all economic operators in the supply chain, including buyers and importers, in relation in particular to unfair purchasing practices. The proposal should clarify that any penalties to economic operators are non-transferable.
Amendment 136 #
Proposal for a regulation
Recital 30
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 are destroyed, rendered inoperableseized, 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 137 #
Proposal for a regulation
Recital 31
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 140 #
Proposal for a regulation
Recital 32
Recital 32
(32) Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information to the competent authorities when 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 142 #
Proposal for a regulation
Recital 32 a (new)
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 147 #
Proposal for a regulation
Recital 32 b (new)
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
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
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 transport 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 customs authorities. _________________ 32 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (recast) (OJ L 269, 10.10.2013, p. 1).
Amendment 150 #
Proposal for a regulation
Recital 36
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 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 151 #
Proposal for a regulation
Recital 37
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,seized 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 152 #
Proposal for a regulation
Recital 42
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 withfrom the same identification from the same supply chaiproduction site, company, group of company or region for which forced labour has been found.
Amendment 155 #
Proposal for a regulation
Recital 44
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 160 #
Proposal for a regulation
Recital 45
Recital 45
(45) Since forced labour is a global problem and given the interlinkages of the global value chains, it is necessary to promote international cooperation against forced labour, which would also improve the efficiency of applying and enforcing the prohibition 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 of the Regulation and possibility of third parties to provide information on existence of forced labour on a determined product.
Amendment 162 #
Proposal for a regulation
Article 1 – paragraph 1
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 164 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall not cover the withdrawal of products which have reached the eind-usividual consumers in the Union market.
Amendment 165 #
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 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
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 169 #
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 economic operator to implement mandatory requirements, mandatory and voluntary guidelines, recommendations or practices to identify, prevent, mitigate orand 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 172 #
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
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)
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 176 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
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 180 #
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) ‘product supplier’ means any natural or legal person or association of persons in the supply chain who 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 182 #
Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)
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 186 #
Proposal for a regulation
Article 2 – paragraph 1 – point m b (new)
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
Article 2 – paragraph 1 – point n
(n) ‘substantiated concer'reasonable suspicion’ means a well-founded reason,able, yet not conclusive, level of assurance based on objective and verifiable information, for the competent authorities to suspect that products were likely made with forced labour;
Amendment 190 #
Proposal for a regulation
Article 2 – paragraph 1 – point p
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)
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)
Article 2 – paragraph 1 – point u a (new)
Amendment 193 #
Proposal for a regulation
Article 3 – paragraph 1
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 195 #
Proposal for a regulation
Article 4
Article 4
Amendment 201 #
Proposal for a regulation
Article 4 a (new)
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
Article 5 – paragraph 1
1. CThe Commission and competent authorities tshat, pursuant to Article 4(5), determine that there is a substantiated concern of a violation ofll initiate investigations following individual complaints as well as ex officio, following a risk-based approach in assessing the likelihood that economic operators violated Article 3. That assessment shall be based on all relevant information available to them, including but not limited to: (a) the risk indicators and other information pursuant to Article 23, shall decide to initiate an investigation on the products and economic operators concernedpoints (b) and (c); (b) the database referred to in Article 11; (c) information and decisions encoded in the information and communication system referred to in Article 22(1), including any past cases of compliance or non-compliance of an economic operator with Article 3; (d) information requested by the competent authority from other relevant authorities, where necessary, on whether the economic operators under assessment are subject to and carry out due diligence in relation to forced labour in accordance with applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour.
Amendment 204 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
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
Article 5 – paragraph 2 – introductory part
2. CThe Commission or the competent authorities that initiate an investigation pursuant to paragraph 1 shall only 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 206 #
Proposal for a regulation
Article 5 – paragraph 2 – point d
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)
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
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
Article 5 – paragraph 3 – point a
(a) prioritise the economic operators under investigation involved in the steps of the value chain as close as possible to where the likely riskidentify the individual responsibilities, along the value chain, of different economic operators down to the level where forced labour is taking place and prioritise the economic operators under investigation involved in the steps of the value chain with the most leverage (in terms of economic turnover) to prevent, mitigate, remediate and bring to an end (the use of) forced labour occurs andin their operations and value chains;
Amendment 210 #
Proposal for a regulation
Article 5 – paragraph 3 – point b
Article 5 – paragraph 3 – point b
Amendment 212 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Economic operators shall submit the information within 15 working days from the request referred to in paragraph 3 or make a justified request for an extension of that time limit, the extension shall not amount to more than 5 working days. In the case of products presumed made with forced labour in accordance with Article 11, the competent authority shall inform the economic operator and provide a time limit for the economic operator to demonstrate that the products concerned are free of forced labour.
Amendment 213 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. When deciding on the timOnce the competent authority initiates an investigation it shall assess the possible limits referred to in this Article, competent authorities shall consider pacts of any decision to be adopted pursuant Article 6(4) on the affected workers. That assessment shall be carried out with the meaningful engagement of affected workers and third parties legitimately representing their interests, such as trade unions and civil society organisations but also withe size and economic resources of the economic operators concernedpecialised local and international NGOs, local authorities, community members, community-level monitoring programmes, governments’ officials and labour inspectorates, most notably the actors that the workers perceive as their legitimate representatives.
Amendment 217 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. CThe Commission and competent authorities may carry out all necessary checks and inspections including investigations in third countries, provided that the economic operators concerned give their consent and that the government of the Member State or third country in which the inspections are to take place has been officially notified and raises no objection, within a delimited timeframe.
Amendment 218 #
Proposal for a regulation
Article 6 – paragraph 1
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 a reasonable period of time12 months from the date they initiated the investigation pursuant to Article 5(1).
Amendment 219 #
Proposal for a regulation
Article 6 – paragraph 3
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 221 #
Proposal for a regulation
Article 6 – paragraph 4 – introductory part
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 223 #
Proposal for a regulation
Article 6 – paragraph 4 – point c a (new)
Article 6 – paragraph 4 – point c a (new)
Amendment 224 #
Proposal for a regulation
Article 6 – paragraph 4 – point c b (new)
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
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 future and inform the economic operators. economic operators. 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, must be sought if there is reasonable expectation that these efforts are to succeed in accordance with a joint time-bound plan. 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, especially affected workers, by the decision 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 230 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Amendment 232 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
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 size and economic resourcesdue diligence plans and the likelihood of the appropriate measures contained in this plan to end the forced labour within a reasonable time;
Amendment 234 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Commission shall adopt implementingdelegated acts further specifying the details of the information to be included in the decisions. Those details shall as a minimum include details of information to be made available to customs authorities in accordance with Article 16(3). Those implementing acts shall be adopted in accordance with the examination procedure pursuant to Article 29.
Amendment 236 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. CThe Commisson and 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. In case of perishable goods, animals and plants, that time limit shall be 5 working days. The request for review shall contain information which demonstrates that the products are placed or made available on the market or to be exported in compliance with Article 3.
Amendment 237 #
Proposal for a regulation
Article 8 – paragraph 2
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 239 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. AThe Commission and a competent authority shall take a decision on the request for review within 15 working days from the date of receipt of the request. In case of perishable goods, animals and plants that time limit shall be 5 working days.
Amendment 240 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) any decision not to initiate an investigation following a preliminary phase of investigation,the reception of a complaint, as referred to in Article 4(7)10;
Amendment 241 #
Proposal for a regulation
Article 10 – title
Article 10 – title
Amendment 244 #
Proposal for a regulation
Article 10 – paragraph 1
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 informaThe 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. Complaints shall contain information on the economic operators or products concerned and provide the reasons substantiating the allegation. 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 6 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 should not be made conditional on the economic operators or products concerned and provide the reasons substanaffected workers’ residence status, or on their citizenship or nationality. The Commission shall determine the rules and procedure to assign complaints to the competent authorities. These rules will 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, investigating the allegation. ons 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 246 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The competent authority shall, as soon as possible, inform the person or associationcomplainant referred to in paragraph 1 of the outcome of the assessment of their submissioncomplaint as well as all the decision referred to in Article 9 and its rationale.
Amendment 248 #
Proposal for a regulation
Article 10 – paragraph 3
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 European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law, OJ L 305, 26.11.2019, p. 17.
Amendment 251 #
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 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 256 #
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Amendment 257 #
Proposal for a regulation
Article 12 – paragraph 4
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 260 #
Proposal for a regulation
Article 14 – paragraph 1
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 with the same identification and from the same supply chain for which forced labour has been foundcovered by a decision as made under Article 6(4).
Amendment 261 #
Proposal for a regulation
Article 14 – paragraph 2
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
Article 14 – paragraph 4
4. Before initiating an investigation in accordance with Article 5, a competent authoritythe Central Complaint Mechanism shall verify in the information and communication system referred to in Article 22(1) whether there is a lead authority referred to in paragraph 3 investigating the same product and/or economic operator.
Amendment 263 #
Proposal for a regulation
Article 14 – paragraph 6 a (new)
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
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 289 #
Proposal for a regulation
Article 24 – paragraph 5 a (new)
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 295 #
Proposal for a regulation
Article 26 – paragraph 1
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 and business organisations. including trade unions, workers’ rights organisations, NGOs and networks of affected stakeholders. 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 303 #
Proposal for a regulation
Article 26 – paragraph 2 a (new)
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.