Activities of Eleni STAVROU 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 (39)
Amendment 80 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) Even though forced labour can be found in a large number of sectors, some sectors, such as textiles, are particularly affected. The textile, clothing, leather and footwear sector (TCLF) is one of the largest sectors in the global economy and is characterised by poor working conditions and workers’ rights violations, with the majority of workers being women and children. The TCLF supply chain has become increasingly buyer-driven, which has led to low prices, increased time pressure and poor payment terms to the workers and these conditions fuel and exacerbate the risk of labour rights abuses in TCLF producing factories as well as the conditions of forced labour.
Amendment 81 #
Proposal for a regulation
Recital 3
Recital 3
(3) The eradication of forced labour is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Furthermore, in its relations with the wider world, the Union should uphold and promote its values, notably, the protection of human rights, in particular the rights of the child, as well as the strict observance and the development of international law in accordance with Article 3(5) of the Treaty on European Union. The respect, promotion and protection of human rights constitute an objective of the development cooperation, which shall be taken into account in the policies that the Union implements which are likely to affect developing countries in accordance with Article 2108 of the Treaty on European Union.the Functioning of the European Union. Through this Regulation, the Union should strengthen political dialogue with third countries, especially with developing countries, with regards to forced labour. Regarding the TCLF sector’s working conditions and the shrinking political spaces for civil society and trade unions, which aggravate the situation of forced labour, greater political dialogue is required in relation to this as well. Moreover, Article 5(2) of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19 _________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.
Amendment 108 #
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, tThe 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, taking into account the ILO forced labour indicators, including its ‘Hard to see, harder to count – Survey guidelines to estimate forced labour of adults and children’, and on publicly available information in order to help SMEs, as well as other economic operators, to comply with the requirements of the prohibition. Specifically, the Commission should develop simplified additional support tools and specialised guidelines and measures that will allow the SMEs to demonstrate their commitment in sustainability and in eradicating forced labour in accordance with ILO’s Conventions.
Amendment 109 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) The Commission should, also, issue guidelines for affected stakeholders on filing information and non-judicial complaints through the centralised notification and non-judicial grievance mechanism, as well as meaningfully engage in the procedures set out in the Regulation. The Commission should make sure that such guidelines would be able to reach all affected stakeholders, especially vulnerable people, such as, children, women, migrants and other minorities.
Amendment 118 #
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 and bring to an end the risk of forced labour, taking into account the size and resources of economic operators.
Amendment 127 #
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 valuesupply chain where there is a higher risk of forced labour with respect to the products under investigation, also taking into account their size and economic resources, the quantity of products concerned and the scale of the suspected forced labour.
Amendment 129 #
Proposal for a regulation
Recital 25
Recital 25
(25) Competent authorities, when requesting information during the investigation, should prioritise to the extent possible and consistent with the effective conduct of the investigation the economic operators under investigation that are involved in the steps of the value chain as close as possible to where the likely risk of forced labour occurs and take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.
Amendment 134 #
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.
Amendment 138 #
Proposal for a regulation
Recital 32
Recital 32
(32) Any person, whether it The Commission should establish a natural or legal person, or any association not having legal personality, should be allowed to submit information to the competent authorities when itcentralised notification and non-judicial grievance mechanism to receive information and non-judicial complaints by any affected stakeholders who considers that products made with forced labour are placed and made available on the Union market and to be informed of the reasoning and outcome of the assessment of their submission, when possible, together with the decision. In order to ensure that the following Regulation adequately complements the Directive 20XX/XX/EU on Corporate Sustainability Due Diligence of the European Parliament and of the Council, this mechanism should align with the one which will be provided in the said Directive. The mechanism should be secure and accessible, especially in regards to vulnerable people, such as, children, women, migrants and other minorities.
Amendment 143 #
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32 a) It is estimated that about 11.8 million women and girls were in forced labour in 2021, which represents almost 43% of the total.1a It is therefore fundamental to ensure that this Regulation is implemented in a gender- responsive manner. Human rights violations are not gender neutral and should not be treated as such. Women are often disproportionately affected by adverse business practices, which requires a specific response to their needs. Competent authorities should apply a gender lens throughout all of the steps of the Regulation prohibiting products made with forced labour on the Union market, collect gender-disaggregated data and encourage economic operators to provide the requested information in a gender- sensitive way. _________________ 1a The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733 .pdf.
Amendment 146 #
Proposal for a regulation
Recital 32 b (new)
Recital 32 b (new)
Amendment 154 #
Proposal for a regulation
Recital 44
Recital 44
(44) To ensure effective enforcement of the prohibition, it is necessary to establish a network aimed at structured coordination and cooperation between the competent authorities of the Member States and, where appropriate, experts from customs authorities, and the Commission as well as the European Agency for Fundamental Rights, the European Labour Authority and other Union agencies with relevant expertise in the areas covered by the Regulation. Trade unions and other workers’ representatives, civil society representatives, international organisations, women and children organisations, especially in developing countries, shall be invited to collaborate with the Network. That network should also aim at streamlining the practices of the competent authorities within the Union that facilitate the implementation of joint enforcement activities by Member States, including joint investigations. That administrative support structure should allow the pooling of resources and maintain a communication and information system between Member States and the Commission, thereby helping to strengthen the enforcement of the prohibition.
Amendment 158 #
Proposal for a regulation
Recital 45
Recital 45
(45) Since forced labour is a global problem and given the interlinkages of the global valuesupply 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, especially authorities of developing countries, and international organisations, especially women and children 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, especially with developing countries, or, if necessary, specific ones that will be created on an ad hoc basis.
Amendment 185 #
Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)
Article 2 – paragraph 1 – point m a (new)
(m a) ‘affected stakeholders’ has the meaning attributed to it in Article 3 of the Directive 20XX/XX/EU on Corporate Sustainability Due Diligence of the European Parliament and of the Council;
Amendment 189 #
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, especially from developing countries, intended to be placed on the Union market or intended for private use or consumption within the customs territory of the Union and placed under the customs procedure ‘release for free circulation’;
Amendment 196 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) submissions made by natural or legal persons or any association not having legal personalityand non-judicial complaints made by affected stakeholders pursuant to Article 10;
Amendment 197 #
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 focus on the economic operators involved in the steps of the valuesupply chain as close as possible to where the risk of forced labour is likely to occur 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 211 #
Proposal for a regulation
Article 5 – paragraph 3 – point b
Article 5 – paragraph 3 – point b
(b) 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 214 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. When deciding on the time limits referred to in this Article, competent authorities shall consider the size and economic resources of the economic operators concerned.
Amendment 215 #
Proposal for a regulation
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5 a. Once the competent authority initiates an investigation it shall assess the possible impacts of any decision to be adopted pursuant to Article 6(4) on the affected workers and partner countries but also the economic operators taking into account their size and resources. That assessment shall be carried out with the meaningful engagement of affected stakeholders, as well as in consultation with authorities of the affected or potentially affected third countries, especially of affected or potentially affected developing countries.
Amendment 233 #
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 competent authority shall take into account the economic operator’s size and economic resources;
Amendment 242 #
Proposal for a regulation
Article 10 – title
Article 10 – title
Submission of information and non- judicial complaints regarding violations of Article 3
Amendment 243 #
Proposal for a regulation
Article 10 – paragraph -1 (new)
Article 10 – paragraph -1 (new)
Amendment 245 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Submissions of information by anyd natural or legal person or any association not having legal personalityon-judicial complaints by any affected stakeholders, to competent authorities on alleged violations of Article 3 shall contain information on the economic operators or products concerned and provide the reasons substantiating the allegation. The mechanism should be secure and accessible, especially in regards to vulnerable people, such as migrant workers, women, children and other minorities.
Amendment 247 #
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 associationaffected stakeholders referred to in paragraph 1 of the reasoning, when possible, and outcome of the assessment of their submission together with the decision.
Amendment 249 #
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 personaffected stakeholdersreporting such breaches. _________________ 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 250 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3 a. adequate remediation should be foreseen in relation to the non-judicial grievance mechanism. In order to ensure that the following Regulation adequately complements the Directive 20XX/XX/EU on Corporate Sustainability Due Diligence of the European Parliament and of the Council, remediation, like for the mechanism, should align with the one which will be provided in the said Directive.
Amendment 252 #
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, evidence-based and regularly updated database of forced labour risks in specific geographic areas or with respect to specific products including with regard to forced labour imposed by state authorities. 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, especially women and children organisations, and third country authorities, especially developing country authorities.
Amendment 266 #
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) guidance on due diligence in relation to forced labour, which shall take into account applicable Union legislation setting out due diligence requirements with respect to forced labour, guidelines and recommendations from international organisations, especially women and children organisations, as well as the size and economic resources of economic operators. Specifically, the Commission should develop simplified additional support tools and specialised guidelines on due diligence in relation to forced labour and measures for SMEs. With regards to adequate remediation, further guidelines can also be provided, but should ensure alignment with the remediation which will be provided in Directive 20XX/XX/EU on Corporate Sustainability Due Diligence of the European Parliament and of the Council, since this Regulation adequately complements the Directive;
Amendment 270 #
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) information on risk indicators of forced labour, which shall be based on the indicators for forced labour set out by the ILO including in its ‘Hard to see, harder to count – Survey guidelines to estimate forced labour of adults and children’, on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, civil society, business organisations, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;
Amendment 272 #
Proposal for a regulation
Article 23 – paragraph 1 – point e a (new)
Article 23 – paragraph 1 – point e a (new)
(e a) guidance for affected stakeholders on filing information and non-judicial complaints through the centralised notification and non-judicial grievance mechanism. The Commission should make sure that such guidelines would be able to reach all affected stakeholders, especially vulnerable people, such as, children, women, migrants and other minorities;
Amendment 273 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The Network shall be composed of representatives from each Member States’ competent authority, representatives from the Commission and, where appropriate, experts from the customs authorities as well as the European Agency for Fundamental Rights, the European Labour Authority and other Union agencies with relevant expertise in the areas covered by the Regulation. Trade unions and other workers’ representatives, civil society representatives, international organisations, women and children organisations, especially in developing countries, shall be invited to collaborate with the Network.
Amendment 277 #
Proposal for a regulation
Article 24 – paragraph 3 – point a
Article 24 – paragraph 3 – point a
(a) facilitate the identification of common priorities for enforcement activities, including, where appropriate, in third countries, especially in developing countries, to exchange information, expertise and best practices;
Amendment 280 #
Proposal for a regulation
Article 24 – paragraph 3 – point b
Article 24 – paragraph 3 – point b
(b) conduct joint investigations, including, where appropriate, in third countries and especially in developing countries;
Amendment 282 #
Proposal for a regulation
Article 24 – paragraph 3 – point c
Article 24 – paragraph 3 – point c
(c) facilitate capacity building activities and contribute to uniform risk- based approaches and administrative practices for the implementation of this Regulation in the Member States and, where appropriate, in third countries, especially in developing countries;
Amendment 283 #
Proposal for a regulation
Article 24 – paragraph 3 – point f
Article 24 – paragraph 3 – point f
(f) to promote the cooperation and exchange of expertise and best practices between competent authorities and customs authorities and, where appropriate, with third country authorities, especially developing country authorities, as well as civil society organisations and international organisations, especially women and children organisations;
Amendment 288 #
Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)
Article 24 – paragraph 3 – point f a (new)
(f a) manage the notification and non- judicial grievance mechanism.
Amendment 293 #
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, internationalespecially of developing countries, international organisations, women and children organisations, civil society representatives and business organisations and any other affected stakeholders. International cooperation with authorities of third countries, especially developing 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 and through the Network foreseen in Article 24.
Amendment 298 #
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, women and children organisations, civil society representatives, business organisations and competent authorities of third countries, especially in developing countries, as well as any other affected stakeholder, including those collaborating with the Network may result in the Union developing accompanying measures to support the efforts of companies and partner countries efforts and locally available capacities in tackling forced labour, including specialised measures and support for the small and medium- sized enterprises (SMEs) that take into account their size and resources.