Brussels, 26th January 2024 – The European Council has adopted its negotiating mandate to ban products made with forced labor from the European Union (EU) market. This significant move is aimed at addressing the global challenge of forced labor, aligning with international standards, and reinforcing the EU’s commitment to human rights.
The Council’s position enhances the Commission’s proposal by clarifying the regulation’s scope to include products offered for distance sales. It introduces measures to create a forced labor single portal, strengthening the Commission’s role in investigating and proving the use of forced labor. The overall objective is to break the business model of companies exploiting workers and ensure their products have no place in the EU market.
Belgian Deputy Prime Minister and Minister for the Economy and Employment, Pierre-Yves Dermagne, expressed his strong stance on eradicating modern slavery: “It is appalling that in the 21st century slavery and forced labor still exist in the world. This hideous crime must be eradicated, and the first step to achieve this consists in breaking the business model of companies that exploit workers.”
The proposal prohibits products made with forced labor, as defined by the International Labor Organization, from being placed on the Union market or exported from the Union to third countries. The authorities will assess forced labor risks based on various sources, and in case of reasonable indications, investigations will be initiated.
Notably, small and medium-sized enterprises (SMEs) are not exempted, but considerations will be given to their size and economic resources before formal investigations are initiated. Support tools are also proposed to assist SMEs in complying with the regulation.
The Union Network against Forced Labor Products is envisioned to coordinate measures among competent authorities and the Commission. The creation of a forced labor single portal will facilitate access to information and tools, streamlining the process of reporting and decision-making.
To reduce administrative burdens, the Council’s mandate strengthens the Commission’s role in investigations. The Commission will assess whether products are of Union interest, based on criteria such as the scale and severity of forced labor, the location of risks outside the Union, and the impact on the internal market.
The Council’s position formalizes administrative cooperation within the Union Network, ensuring active participation in all phases leading to product banning. It also outlines procedures for cross-border investigations and inspections in third countries.
The next steps involve interinstitutional negotiations between the Council and the European Parliament, which adopted its position in November 2023. The mandate paves the way for collaborative efforts to address forced labor and uphold human rights on a global scale.
Approximately 27.6 million people globally are in forced labor, with the majority occurring in the private economy. The Commission initially proposed the regulation on 14th September 2022 to prohibit products made with forced labor on the European market.
