Forced labor products: the EU Council adopts a ban
The EU Council has definitively adopted the regulation banning products made with forced labor from the EU market
This regulation prohibits :
– the placing on the EU market
– the making available on the EU market
– and the export from the EU
… of any product made with forced labor
Key points
Definition
A ‘product made with forced labor’ is defined by the regulation as ‘a product for which forced labor has been used in whole or in part at any stage of its extraction, harvesting, production or manufacture, including during the processing or transformation related to a product at any stage of its supply chain.’
Scope
The ban on products made with forced labor shall apply to all products, regardless of type, including their components.
The regulation does not apply to the provision of transport services
Competent authorities
Each Member State must designate one or more competent authorities responsible for enforcing the obligations established in the regulation. The designated authority or authorities may impose sanctions either directly, in cooperation with other authorities, or by referring to the competent judicial authorities.
Support measures for SMEs
The Commission plans support measures to help economic operators and their business partners in the same supply chain, particularly SMEs
Guidelines
The Commission, in consultation with the relevant stakeholders , will publish, no later than 18 months after the regulation’s entry into force, guidelines including :
➖ guidance for economic operators
➖ information on forced labor risk indicators
➖ guidance for Member States on the method for calculating financial sanctions and applicable thresholds
Timeline :
From its publication in the Official Journal, member states will have 3 years to implement it.
Le Advisory reminds us that more than 27 million individuals are in situations of forced labor worldwide, across many sectors and on every continent.
