The European
Council (EC) has enacted a regulation that bans products manufactured using
forced labour from being sold, exported or made available in the European Union
(EU).
This
adoption marks the final phase in the EU’s legislative process for banning
forced labour goods. The council established its negotiating stance on 26
January 2024 and a provisional agreement was reached between both
co-legislators (the Council and Parliament) on 5 March 2024.
The European Commission (EC) initially
proposed this regulation on 14 September 2022 to prohibit products linked to
forced labour within the EU.
Globally, an estimated 27.6m individuals are
subjected to forced labour across various industries and continents, primarily
within the private sector but also involving public authorities.
Forced labour continues to affect sectors
like apparel and textiles, mining, agriculture, and services.
The council says estimates reveal that 160m
children aged five to 17 years are engaged in child labour. It is also
projected that 70% of child labour is in agriculture with cotton among the most
common commodities produced using child and forced labour in 18
countries.
The regulation establishes a legal framework
aimed at addressing products associated with forced labour within the internal
market. The European Council will develop a database identifying areas or
products at risk of being linked to forced labour to assist authorities in
evaluating potential breaches of this regulation.
Investigations may be initiated based on
risk assessments conducted by the commission for cases involving forced labour
outside the EU while member state authorities will handle cases occurring
within their jurisdictions.
Authorities in member states are required to
exchange information with their counterparts in other states if they suspect
violations of the regulation elsewhere in the EU. They must also inform the
commission if there are concerns regarding forced labour in third
countries.
The authority responsible for conducting the
investigation will make the final determination regarding the prohibition,
withdrawal, or disposal of products made with forced labour. Decisions made by
national authorities will be recognised across all member states under mutual
recognition principles.
Following approval by the Council on 19
November 2024, this legislative act is now adopted.
Once it receives signatures from both the
president of the European Parliament and the president of the council, it will
be published in the Official Journal of the European Union and will take effect
one day after publication. The regulation will come into force three years
after its effective date.
In April this year, the European Parliament approved new legislation that will prohibit the sale,
import, and export of goods manufactured using forced labour within the EU from
2027.
By Just Style