Activities of Theresa BIELOWSKI 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 (43)
Amendment 48 #
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. Furthermore, in its international relations, the Union should uphold and promote its values and contribute to the protection of human rights. 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.19 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 the worker’s health, safety and dignity. The right to remedies is a human right, and a fundamental element in the process of effective prosecution of crimes. Existing Union legislation, the UN Guiding Principles on the Business and Human Rights (UNGPs), the Council of Europe and the OECD affirm the right of victims to an effective remedy for business-related human rights violations or abuses. __________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.
Amendment 52 #
Proposal for a regulation
Recital 4
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 https://www.ilo.org/wcmsp5/groups/public /---europe/---ro-geneva/---ilo- brussels/documents/publication/wcms_195 135.pdf.
Amendment 53 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
Amendment 54 #
Proposal for a regulation
Recital 4 b (new)
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 60 #
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 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 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 65 #
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, 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 the Union market or exported.
Amendment 68 #
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. The Commission should also issue guidelines for stakeholders on filing a complaint and meaningfully engage in the procedures set out in this Regulation.
Amendment 70 #
Proposal for a regulation
Recital 20
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 73 #
Proposal for a regulation
Recital 22
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 78 #
Proposal for a regulation
Recital 26
Recital 26
(26) Competent authoritieEconomic operators 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 phaseand the shipping and transport of the product towards or within the Union market on the basis of all information and evidence, reasonably available to them. 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 80 #
Proposal for a regulation
Recital 32
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 84 #
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, 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 99 #
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, 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;
Amendment 105 #
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘product made with forced labour’ means a product for which forced labour has been used in whole or in part at any stage of its extraction, harvest, production or manufacture, 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 108 #
Proposal for a regulation
Article 2 – paragraph 1 – point u a (new)
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 114 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
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 information available to them, following a meaningful consultation with and engagement of relevant stakeholders, including the following information:
Amendment 117 #
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. Before initiating an investigation in accordance with Article 5(1), the competent authority shall request from the economic operators under assessment information on actions taken to identify, prevent, mitigate, remediate 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)
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
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
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, remediates and brings to an end the risk of forced labour.
Amendment 126 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
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
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 129 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Competent authorities may carry out all necessary checks and inspections including investigations in third countries, provided that the economic operators concerned give their consent an and consultations of relevant stakeholders, provided 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.
Amendment 132 #
Proposal for a regulation
Article 6 – paragraph 4 – point c a (new)
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 140 #
Proposal for a regulation
Article 9 – paragraph 2
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 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, to competent authoritiesincluding workers or others affected by forced labour, civil society organisations including trade unions and affected communities to competent authorities and the centralised complaint mechanism on alleged violations of Article 3 may be lodged anonymously and shall contain information on the economic operators or products concerned and provide the reasons substantiating the allegation. Adequate protection measures shall be set to ensure the safety of relevant stakeholders, including ensuring confidentiality and anonymity, and prevent retaliation and reprisals.
Amendment 157 #
Proposal for a regulation
Article 11 – paragraph 1
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 160 #
Proposal for a regulation
Article 11 – paragraph 1 a (new)
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 162 #
Proposal for a regulation
Article 11 – paragraph 2
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 at the latest 24 monthsimmediately after the entry into force of this Regulation.
Amendment 172 #
Proposal for a regulation
Article 20 a (new)
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
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 179 #
Proposal for a regulation
Article 23 – paragraph 1 – point e a (new)
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 183 #
Proposal for a regulation
Article 23 – paragraph 1 – point e b (new)
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 187 #
Proposal for a regulation
Article 23 – paragraph 1 – point e c (new)
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 192 #
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, trade unions and other workers’ representatives, civil society representatives, international organisations and third countries’ competent authorities.
Amendment 197 #
Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)
Article 24 – paragraph 3 – point f a (new)
(f a) monitor remediation measures;
Amendment 199 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Where requested, the Commission, Member States and competent authorities shall treat the identity of those who provide information, or the information provided, as confidential. A request for confidentiality shall be accompanied by 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 mannerConfidentiality and further protection shall be guaranteed automatically about the identity of those who provide information unless the contrary is requested.
Amendment 203 #
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 and forced labour itself, the Commission mayshall as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, civil society representatives, relevant stakeholders including trade unions and other workers’ representatives, NGOs 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.
Amendment 208 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, relevant stakeholders, civil society representatives, business organisations and competent authorities of third countries mayshall result in the Union developing accompanying measures to support the efforts of companies and partner countries efforts and locally available capacities in tackling forced labour.
Amendment 211 #
Proposal for a regulation
Article 26 – paragraph 2 a (new)
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 213 #
Proposal for a regulation
Article 26 – paragraph 2 b (new)
Article 26 – paragraph 2 b (new)
Amendment 214 #
Proposal for a regulation
Article 26 – paragraph 2 c (new)
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)
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.