12 Amendments of Margarida MARQUES related to 2022/0269(COD)
Amendment 180 #
Proposal for a regulation
Recital 24
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, while also taking into account their potential imbalance of power in the concerned supply chain. In their assessment they should also take into account the size and economic resources of the economic operator, the quantity of products concerned and the scale of the suspected forced labour.
Amendment 283 #
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. 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 358 #
Proposal for a regulation
Article 2 – paragraph 1 – point u a (new)
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 381 #
Proposal for a regulation
Article 4 – paragraph 2
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 and, while also taking into account the potential imbalance of power in the concerned supply chain. In their assessment they shall also 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 396 #
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1 (new)
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 419 #
Proposal for a regulation
Article 4 – paragraph 6
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 498 #
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. 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 550 #
Proposal for a regulation
Article 6 – paragraph 6 – subparagraph 1 (new)
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 764 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The Network shall be composed of representatives from each Member States’ competent authority, representatives from the Commission and, where appropriate, experts from the customs authorities. 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 780 #
Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)
Article 24 – paragraph 3 – point f a (new)
(fa) coordinate dissemination efforts in and outside the EU;
Amendment 797 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission may as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, civil society representatives and business organisations. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis. 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 810 #
Proposal for a regulation
Article 26 a (new)
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.