28 Amendments of Seán KELLY related to 2022/0269(COD)
Amendment 128 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) As a member of the World Trade Organisation (WTO), the Union is committed to promoting a rules-based, open, multilateral trading system under the WTO. Any measures introduced by the Union that affect trade must be WTO compliant. Further, all measures introduced by the Union that affect trade must take into account the possible response of the Union’s trade partners and ensure that the enforcement of the measure is not perceived as a unilateral protectionist measure.
Amendment 173 #
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure cooperation among 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. When requesting information from economic operators, competent authorities should follow the Commission’s Once-Only principle, through increased cooperation and dialogue between authorities who are engaged in overseeing product regulation. An economic operator should not have to submit the same information more than once.
Amendment 204 #
Proposal for a regulation
Recital 27
Recital 27
(27) 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 recycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management. Agricultural products that cannot be recycled, should be donated, or, should this not be possible, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.
Amendment 219 #
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 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 recycled, or should this not be possible destroyed, rendered inoperable, 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. Agricultural products that cannot be recycled, should be donated, or, should this not be possible, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.
Amendment 238 #
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 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 guidelines should include sectoral guidance such as the garment and textile sector, agri-sector and automotive sector, as well as type of supplier such as wholesale, manufacture or smallholder farm. 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 272 #
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) With acknowledgment of current developments in traceability technology and the use of blockhain to facilitate monitoring of supply chains, the Commission should support economic operators in the uptake of such technology, including through financial and technical assistance.
Amendment 282 #
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 create enabling environments to promote and protect human rights, including capacity building to support workers and local communities in their efforts to root out forced labour from global supply chains and 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 Commission should further integrate this Regulation with existing trade measures such as free trade agreements and the Generalised Scheme of Preferences, to enhance the cumulative effect of EU trade measures in eradicating forced labour. This means that in the case where a product has been found to have forced labour, it cannot qualify for GSP tariff reduction. Furthermore, if third country authorities are found to be non-cooperative, or not taking measures to end forced labour within their national borders, the Commission should evaluate whether they should benefit from existing GSP trade facilitation. The Commission should ensure coherence and synergies between relevant external policies, in particular development cooperation and projects focusing on the eradication of forced labour.
Amendment 291 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules prohibiting economic operators from placing and making available on the Union market or exporting from the Union market products made with forced labour. This Regulation contributes to the fight against forced labour and promotes corporate sustainability due diligence standards.
Amendment 352 #
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
(n) ‘substantiated concern’ means a well-founded reason, based on objective, factual and verifiable information, for the competent authorities to suspect that products were likely made with forced labour;
Amendment 373 #
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, factual and verifiable information available to them, including the following information:
Amendment 424 #
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 timetheir supply chain.
Amendment 462 #
(b) take into account the size and economic resources of the economic operators, the quantity of products concerned, the complexity of the supply chain as well as the scale of suspected forced labour.
Amendment 476 #
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 as well as the complexity of the supply chain.
Amendment 488 #
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 and duly motivate whether Article 3 has been violated, within a reasonable period of time from the date they initiated the investigation pursuant to Article 5(1).
Amendment 492 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 661 #
Proposal for a regulation
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
6a. Member States shall confer on their competent authorities the necessary powers to issue an order requiring the providers of online marketplaces to remove products made with forced labour from their online interface, to disable access to it or to display an explicit warning. Such orders shall be issued in accordance with the minimum conditions set out in Article 9(2) of Regulation (EU) 2022/2065.
Amendment 734 #
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) guidance to the economic operator 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, as well as the size and economic resources of economic operators; , different types of suppliers along the supply chain, different sectors and the particular risks associated with forced labour imposed by state authorities. The guidance shall also include advice on how to identify indicators of forced labour in different areas of the supply chain;
Amendment 740 #
Proposal for a regulation
Article 23 – paragraph 1 – point a a (new)
Article 23 – paragraph 1 – point a a (new)
(aa) guidance to the economic operators on measures which are suitable and effective for bringing to an end different types of forced labour;
Amendment 757 #
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article23a Specific provisions for SMEs 1. SMEs shall be given special support and guidance in adapting to this Regulation. 2. This support and guidance shall include: a) SME-specific guidelines with due diligence checklist and toolkit on preventing forced labour b) capacity-building, training programme and administrative and technical support on the assessment and the prevention of forced labour; c) support in their outreach to relevant suppliers and other actors;
Amendment 759 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A Union Network Against Forced Labour Products (‘the Network’) is established. The Network shall serve as a platform for structured coordination and cooperation between the competent authorities of the Member States and the Commission, and to streamline the practices of enforcement of this Regulation as well as other relevant due diligence legislation within the Union, thereby making enforcement more effective and coherent.
Amendment 774 #
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; as well as international organisations such as the World Customs Organisation and National Contact Points for the OECD Guidelines for Multinational Enterprises. The Network shall also maintain regular contact with the Commission's relevant services to receive relevant information from other EU initiatives that support the eradication of forced labour.
Amendment 779 #
Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)
Article 24 – paragraph 3 – point f a (new)
(fa) identify discrepancies between enforcement at the level of different EU Member States;
Amendment 781 #
Proposal for a regulation
Article 24 – paragraph 3 – point f b (new)
Article 24 – paragraph 3 – point f b (new)
Amendment 784 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Commission shall organise and chair regular meetings of the Network and shall support and encourage cooperation between enforcement authorities through the Network and participate in the meetings of the Network.
Amendment 796 #
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 mayshall, as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, civil society representatives and business organisations. The Commission shall have regular contact and cooperation with countries that have similar legislation in place, to share information of risk products or regions as well as best practices for bringing to an end forced labour. 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 806 #
Proposal for a regulation
Article 26 – paragraph 2 – subparagraph 1 (new)
Article 26 – paragraph 2 – subparagraph 1 (new)
Cooperation with third countries shall be integrated with other EU policies and instruments that include measures to eradicate forced labour, including free trade agreements, the Generalised Scheme of Preferences, and development cooperation projects led by the Commission.
Amendment 827 #
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Amendment 831 #
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)