The European Parliament is taking steps to prevent
products made by forced labour from entering the EU market by proposing a new
legislation framework to investigate the use of forced labour within corporate
supply chains.
The European Parliament’s Internal Market and International Trade Committees explain if this proposed regulation is ratified, it will introduce a comprehensive framework that would suspend the import and export of company-related goods at the EU’s borders if it is proven that it has used forced labour.
Companies would also have to withdraw
goods that have already reached the borders and these goods would be donated,
recycled, or destroyed.
While in its preliminary
phase, the EU Commission planned to assess forced labour risks based on
different sources of information that would facilitate the identification of
risks and help focus their efforts.
The NGOs made a number of
recommended adjustments to the EU’s forced labour eradication proposal which
the EU has now included in the legislation, such as: “protecting
whistle-blowers, providing remedy to victims and defending businesses and SMEs
from unethical competition,” as explained by co-rapporteur Samira Rafaela.
MEPs have introduced
modifications to the initial Commission proposal to now include high-risk areas
and economic sectors where forced labour is prevalent, shifting the
responsibility of proof onto companies, and not on the authorities. Authorities
would no longer need to prove that people have been forced to work under the
new version of the draft legislation.
The committees also suggested
that goods removed from the market can only be reintroduced once companies have
terminated forced labour use and addressed relevant issues.
The EU parliament has also
revised its definition of forced labour to align with the standards set by the
International Labour Organisation (ILO) and include “all work or service which
is exacted from any person under the menace of any penalty and for which the
said person has not offered himself or herself voluntarily”.
Co-rapporteur, Maria-Manuel
Leitão-Marques says: “We have ensured that products made with forced labour are
banned from the internal market until workers are compensated for the harm done
to them. Banning forced labour also protects companies that follow the rules
from unfair competition. Finally, we make it easier to prove state-imposed
forced labour.”
The draft report was adopted
with 66 votes for, no votes against and ten abstentions. Once the amended
legislation has been confirmed as the European Parliament’s negotiating
mandate, and the European Council has adopted its position, talks will start
over the final shape of the legislation.