In what will hopefully be a historic development, negotiators from the European Parliament and Council reached a provisional agreement on Tuesday to ban products made with forced labor from the European Union (EU) market.
“Forced labour has been a reality for too long, and it remains a reality for too many. There were an estimated 27,6 million people affected by it in 2021, mostly in the private sector, but also victims of so-called state-sponsored forced labour. The deal we reached today will assure the EU has an instrument to ban products made with forced labour from the Union market as well as to tackle various forms of forced labour, including when it is imposed by a state,” said Co-rapporteur Maria-Manuel Leitão-Marques.
As the EU explains, the new regulation would “create a framework for enforcing this ban, including through investigations, new IT solutions and cooperation with other authorities and countries.”
Investigations and Enforcement
The agreed-upon text outlines a comprehensive approach to addressing forced labour in supply chains. National authorities or the EU Commission (in cases involving third countries) will conduct investigations into suspected instances of forced labour.
If confirmed, the authorities have the power to demand the withdrawal of relevant goods from the EU market as well as online platforms. The confiscated items would then either be donated, recycled, or destroyed; they can also be withheld — if they are of “strategic or critical importance for the Union” — until the company eliminates forced labour from its supply chains.
Fines await non-compliant firms, and those addressing the issue in their supply chains can see banned products reintroduced to the market.
High-Risk Goods and Areas
Responding to Parliament’s insistence, the Commission will compile a list of economic sectors and geographical areas where state-imposed forced labour is prevalent. This list will serve as a criterion for initiating investigations.
The Commission also holds the authority to identify specific products or groups requiring additional details for importers and exporters, like information on manufacturers and suppliers, to be submitted to EU customs.
New Solutions: The Forced Labour Single Portal
To facilitate the enforcement of the new rules, the EU would establish a “Forced Labour Single Portal,” a platform providing “guidelines, information on bans, database of risk areas and sectors, as well as publicly available evidence and a whistleblower portal.”
A “Union Network Against Forced Labour Products” would also be created, with the aim of enhancing collaboration between authorities.
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Moreover, the regulation emphasizes cooperation with third countries — “for example in the context of existing dialogues or implementation of trade agreements” — allowing for the exchange of information about risk areas or products and the sharing of best practices.
The EU “Commission acting as a lead competent authority may also carry out checks and inspections in third countries, if the relevant company and the government of the third country agree to it,” the EU adds.
What Next
The provisional agreement now needs to be approved by the European Parliament and Council. Upon receiving the green light, the regulation will be published in the Official Journal and take effect the following day. Member states will then have a three-year window to start implementing the new rules.
“This law is groundbreaking in the field of human rights,” Co-rapporteur Samira Rafaela said. “It will prevent forced labour products from entering our market. And it has several references to remediation. It is a step forward in achieving fair trade and cleaning up supply chains, while prioritising human rights. To combat forced and state-imposed labour, we must work with like-minded partners and become a strong ally in the global fight against forced labour.”
Editor’s Note: The opinions expressed here by the authors are their own, not those of Impakter.com — In the Featured Photo: Cambodian fisherman from fishing vessel Sor Somboon 19 recovers from beriberi at Ranong Hospital. The crew met internationally-accepted definitions of victims of forced labour. Featured Photo Credit: © Chanklang Kanthong/Greenpeace.
