EU Proposal to Ban Force Labor Advances

The Council of the European Union adopted a position on a regulation to ban products made with forced labor from the EU market. This mandate aims to combat forced labor, introducing improvements to the initial proposal.

It clarifies the regulation's scope, including distance sales, and proposes a single portal for forced labor issues. The mandate enhances the European Commission's role in investigations and aligns measures with international and EU standards.

The proposal defines forced labor per International Labour Organization standards and requires authorities to assess risks from various sources, including civil society submissions and a forced labor risk database. If forced labor is suspected, investigations may be initiated, leading to product withdrawal and market/export bans. Companies must dispose of implicated goods, and customs authorities will enforce export/import bans.

Small and medium-sized enterprises (SMEs) are not exempt but are considered based on size, resources, and the scale of forced labor involvement. The proposal includes SME support tools for regulation compliance. It also plans to create a Union Network against Forced Labour Products for coordinated measures and administrative cooperation.

The Council's mandate stresses the European Commission's increased role in investigations, especially for cases of Union interest, defined by criteria like the scale of suspected forced labor and product impact on the internal market. The Commission handles pre-investigations in such cases.

Investigations involve coordinated cross-border efforts, led by a designated authority and the Union Network, to ensure transparency and a unified approach. Field inspections are considered a last resort, respecting national sovereignty.

For inspections outside the EU, the Commission will contact third-country governments. Non-cooperation from these governments may influence Commission decisions. The Commission will prepare final decisions, with summaries available on the forced labor portal.

The Council's mandate sets the stage for negotiations with the European Parliament, aiming to start interinstitutional talks promptly. This regulation responds to global forced labor concerns, with around 27.6 million people affected worldwide. The EU Commission initially proposed this regulation on 14 September 2022.

Commission proposal

Council’s general agreement/negotiating mandate