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EU Proposes Banning Import of Goods Made With Forced Labor

The EU's parliament is considering a proposal to ban goods made with forced labor from entering into commerce, as was reported before it was officially announced (see 2209120063). EU customs authorities will aim to stop products made with forced labor at EU borders. A FAQ about the proposal, which would have to pass both the parliament and the European Council, says the customs agents would take a "robust, risk-based enforcement approach. In a preliminary phase, they will assess forced labour risks based on many different sources of information that together should facilitate the identification of risks and help focus their efforts. These may include submissions from civil society, a database of forced labour risks focusing on specific products and geographic areas, and the due diligence that companies carry out."

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It also says that "if the national authorities cannot gather all the evidence they require, for instance due to the lack of cooperation by a company or a non-EU state authority, they can take the decision on the basis of the available facts."

The proposal, announced Sept. 14, would not allow re-export of goods identified as made with forced labor.

The EU was careful to say that it does not target specific companies or industries, but the FAQ said forced labor has frequently been reported in the agriculture, mining and textiles industries, as well as in some service sectors.

If the proposal passes, there will be guidance issued within 18 months on due diligence for companies, and the EU also intends to create a database of forced labor risk products and areas. An EU Forced Labor Product Network will be created "to ensure structured coordination and cooperation between competent authorities and the Commission."

Commissioner for Internal Market Thierry Breton said: “In today's geopolitics, we need both secure and sustainable supply chains. We cannot maintain a model of consumption of goods produced unsustainably. Being industrial and technological leaders presupposes being more assertive in defending our values and in setting our rules and standards. Our Single Market is a formidable asset to prevent products made with forced labour from circulating in the EU, and a lever to promote more sustainability across the globe.”

The law would take effect 24 months after its passage.