Jurisdiction
For products sold in EU
Law Summary
This refers to the overall EU initiative and resulting regulation aimed at preventing products tainted by forced labour, regardless of origin (domestic or imported), from being sold within or exported from the EU single market. It relies on risk-based assessment and investigations by Member State authorities to enforce the prohibition.
Law Obligation
- The mandate envisages the creation of a forced labour single portal, offering tools like a centralised information submission point, a database with updated forced labour risk information, guidelines, and access to information on decisions taken
- Each Member State would designate at least one national competent authority in charge of monitoring violations of the ban by economic operators. The national competent authorities cooperate among themselves to set up a Union Network Against Forced Labour Products
- Upon reasonable indications of forced labour involvement in a product’s production (a ‘risk-based approach’), authorities initiate investigations, including requests for information from companies and inspections within the EU or third countries. The decision should detail investigation findings, evidence, product information, and options for judicial review
- Companies must investigate the use of forced labour in their supply chains. These businesses need to have in place clear policies and processes to identify, monitor and (where necessary) address any instances of forced or child labour in their operations and value chains. Such policies and processes will help businesses to ensure and demonstrate (if necessary) that products are free from forced or child labour
- Whistleblowers will benefit from the protection granted by Directive on the protection of persons who report breaches of Union law
- Businesses will have 15 working days to provide information on how they address forced labour risks when authorities request this, with some exceptions.
