Changes from plenary report to adopted text

RemovedArticle 7 – paragraph 1 – point b: (b) a reasonable time limit for the economic operators to comply with the order, which shall not be less than 30 working days and no longer than necessary to withdraw the respective products. When setting such a time limit, the Commission or the competent authority shall take into account the economic operator’s size and economic resources, including whether the operator is an SME;

RemovedArticle 7 – paragraph 1 – point c: (c) all relevant information and in particular the details allowing the identification of the product, to which the decision applies, including details about the manufacturer, producer, production site, and the product suppliers;

RemovedArticle 8 – paragraph 1: 1. Competent authorities and the Commission shall provide economic operators affected by a decision adopted pursuant to Article 6(4) the possibility of requesting a review of that decision within 15 working days from the date of receipt of that decision, and inform them of such possibility. In case of perishable goods, including foodstuffs, animals and plants, that time limit shall be 5 working days. The request for review shall contain information which demonstrates that the products are placed or made available on the market or to be exported in compliance with Article 3.

RemovedArticle 8 – paragraph 2: 2. A request for a review of a decision adopted pursuant Article 6(4) shall contain substantial new information that was not brought to the attention of the competent authority during the investigation. The request for a review shall delay the enforcement of the decision adopted pursuant to Article 6(4) until the competent authority or the Commission decides on the request for the review.

RemovedArticle 8 – paragraph 3: 3. A competent authority or the Commission shall take a decision on the request for review within 15 working days from the date of receipt of the request. In case of perishable goods, animals and plants that time limit shall be 5 working days.

RemovedArticle 8 – paragraph 4: 4. Where a competent authority or the Commission considers that after taking into account the new information provided by the economic operator in accordance with paragraph 1 it cannot establish that the products have been placed or made available on the market or are being exported in violation of Article 3, it shall withdraw its decision adopted pursuant to Article 6(4) and remove the decision from the database referred to in Article 11.

RemovedArticle 9 – paragraph 1 – introductory part: 1. The Commission and the competent authority shall without delay inform the other competent authorities using the information and communication system referred to in Article 22(1) about the following:

RemovedArticle 9 – paragraph 1 – point -a (new): (-a) any decision to open a preliminary investigation as referred to in Article 4, based on one or several submissions of information through the mechanism referred to in Article 10;

RemovedArticle 9 – paragraph 1 – point –a a (new): (-aa) the existence of substantiated concern following the preliminary phase of investigation, referred to in Article 4(5);

RemovedArticle 9 – paragraph 1 – point c: (c) any decision to prohibit placing and making available of the products on the market and their export, as well as to order the withdrawal of the products already placed or made available on the market and their donation, recycling or disposal referred to in Article 6(4);

RemovedArticle 9 – paragraph 2 a (new): 2a. Any decision referred to in Article 6(4) and 6(6) shall be communicated to the public by the competent authority who adopted it or, if the decision has been adopted by the Commission, by the Commission.

RemovedArticle 10 – paragraph 1: 1. Submissions of information by any natural or legal person or any association not having legal personality, to the Commission or a competent authority on alleged violations of Article 3 shall contain information on the economic operators or products concerned and provide the reasons substantiating the allegation. Submissions may be addressed to more than one competent authority.

RemovedArticle 10 – paragraph 1 a (new): 1a. The Commission shall set up a dedicated centralised mechanism for the submission of information pursuant to paragraph 1. This mechanism shall be available in all official languages of the institutions of the Union, and it shall be user friendly and free of charge.

RemovedArticle 10 – paragraph 1 b (new): 1b. In order to ensure uniform conditions for the submission of information, the Commission shall adopt implementing acts establishing templates for the submission of information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29.

RemovedArticle 10 – paragraph 2: 2. The Commission or the competent authority shall diligently and impartially assess the information and, as soon as possible, inform the person or association referred to in paragraph 1 of the outcome of the assessment of their submission.

RemovedArticle 10 – paragraph 2 a (new): 2a. In cases where there is a significant time interval between the submission of information and the outcome of the assessment, the Commission or competent authorities shall confirm with such person or association that the situation has, to the best of their knowledge, not significantly changed.

RemovedArticle 11 – paragraph 1: 1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, evidence-based and regularly updated database of forced labour risks in specific geographic areas, sectors, or with respect to specific products including with regard to forced labour imposed by state authorities.

RemovedArticle 11 – paragraph 1 a (new): 1a. The database shall be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, civil society, business organisations, social partners, and relevant experience from implementing Union law setting out due diligence requirements with respect to forced labour.

RemovedArticle 11 – paragraph 1 b (new): 1b. Based on reliable and verifiable evidence, the database shall, in particular, identify specific economic sectors in specific geographic areas, where there is high risk of forced labour being imposed by state authorities.

RemovedArticle 11 – paragraph 1 c (new): 1c. The database shall include a list of all decisions of the Commission and competent authorities pursuant to Article 6(4) and Article 6(6).

RemovedArticle 11 – paragraph 1 d (new): 1d. The database shall include a list of publicly available information sources of relevance for the implementation of this Regulation, including sources which make available disaggregated data on the impact and victims of forced labour, such as gender-disaggregated data or data about forced child labour, allowing to identify age- and gender-specific trends.

RemovedArticle 11 – paragraph 2: 2. The Commission shall ensure that the database is easily accessible, including for persons with disabilities, and made publicly available, in all official languages of the institutions of the Union, by the external expertise at the latest 12 months before the date of application of this Regulation.

RemovedArticle 11 – paragraph 3: deleted

RemovedArticle 11 a (new): Article 11a / Forced labour imposed by state authorities / Based on the information included in the database referred to in Article 11(1b), or on the information and decisions encoded in the information and communication system referred to in Article 22(1), the Commission is empowered to adopt delegated acts in accordance with Article 27 to supplement this Regulation by determining specific economic sectors in specific geographic areas, where a high risk of forced labour imposed by state authorities has been identified.

RemovedArticle 12 – paragraph 5: 5. Member States shall ensure that the designated competent authorities exercise their powers impartially, transparently and with due respect for obligations of professional secrecy. Member States shall ensure that their competent authorities have the necessary powers, expertise and resources to carry out the investigations, including sufficient budgetary and other resources and coordinate closely with the national labour inspections and judicial and law enforcement authorities, including those responsible for the fight against trafficking in human beings.

RemovedArticle 13 – paragraph 1: 1. The Commission shall ensure efficient cooperation and coordination among the competent authorities of the Member States through facilitating and coordinating the exchange and collection of information and best practices with regard to the application of this Regulation.

RemovedArticle 14 – paragraph 1: 1. Decisions taken by a competent authority in one Member State shall be recognised and enforced by competent authorities in the other Member States in so far as they relate to products with the same identification and from the same supply chain for which forced labour has been found. Decisions taken by the Commission shall be enforced by competent authorities in all Member States.

RemovedArticle 14 – paragraph 2: 2. A competent authority that has received, through the information and communication system referred to in Article 22(1), a request from a competent authority of another Member State for information to verify any evidence provided by an economic operator, shall provide that information as soon as possible and at the latest 15 working days from the date of receipt of the request.

RemovedArticle 14 – paragraph 6 a (new): 6a. Before initiating a preliminary investigation in accordance with Article 4, a competent authority shall verify in the information and communication system referred to in Article 22(1) whether there are one or more authorities assessing the same product and the same economic operator. Where there is at least one other competent authority conducting such assessment, only the competent authority which first informed the Commission and the competent authorities of other Member States of the decision to open a preliminary investigation in accordance with Article 9(1), point (-aa), shall request the information referred to in Article 4(3) from the economic operator and relevant product suppliers. That competent authority shall share all information collected with the other competent authorities assessing the same products or the same economic operators.

RemovedArticle 14 – paragraph 6 b (new): 6b. Where competent authorities are mentioned in paragraphs 2, 3, 4, 5, 6 and 6a, they shall be deemed to include the Commission, when it acts on the basis of Chapter II of this Regulation.

RemovedArticle 15 – paragraph 3 – introductory part: 3. The Commission or the competent authority shall without delay, where no request for a review has been introduced within the time limits referred in Article 8(1) or the decision is definitive in case of a request for a review as referred to in Article 8(3), communicate to the customs authorities of Member States:

RemovedArticle 15 – paragraph 4: 4. Customs authorities shall rely on the decisions communicated pursuant to paragraph 3 to identify products that may not comply with the prohibition laid down in Article 3. For that purpose, they shall carry out controls on products entering or leaving the Union market in accordance with Articles 46 and 47 of Regulation (EU) No 952/2013. The Commission and Member States shall ensure that the customs authorities have sufficient resources to carry out these controls.

RemovedArticle 15 – paragraph 5: 5. The Commission or the competent authority shall without delay communicate to the customs authorities of Member States a withdrawal of the decision referred to in Article 6(6).

RemovedArticle 17 – paragraph 1: Where customs authorities identify a product entering or leaving the Union market that may, in accordance with a decision received pursuant to Article 15(3), be in violation of Article 3, they shall suspend the release for free circulation or the export of that product. Customs authorities shall immediately notify the relevant competent authorities or the Commission of the suspension and transmit all relevant information to enable them to establish whether the product is covered by a decision communicated pursuant to Article 15(3).

RemovedArticle 18 – paragraph 1 – point a: (a) within 4 working days of the suspension, if the Commission or the competent authorities have not requested the customs authorities to maintain the suspension. In case of perishable products, animals and plants that time limit shall be 2 working days;

RemovedArticle 18 – paragraph 1 – point b: (b) the Commission or the competent authorities informed the customs authorities of their approval for release for free circulation or export pursuant to this Regulation.

RemovedArticle 19 – paragraph 1: 1. Where the Commission or the competent authorities conclude that a product that has been notified to them in accordance with Article 17 is a product made with forced labour pursuant to a decision referred to in Article 6(4), they shall require customs authorities not to release it for free circulation nor to allow its export.

RemovedArticle 20 – paragraph 1: Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities in cooperation with the Commission or the competent authorities shall take the necessary measures to ensure that the product concerned is donated to charitable or public interest purposes if it is perishable. If such products are not perishable, they should be recycled, and if that is not possible, they should be disposed of in accordance with national law consistent with Union law. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.

RemovedArticle 21 – paragraph 1: 1. To enable a risk-based approach for products entering or leaving the Union market and to ensure that controls are effective and performed in accordance with the requirements of this Regulation, the Commission, competent authorities and customs authorities shall cooperate closely and exchange risk-related information, in which the Commission will take on a coordination role.

RemovedArticle 22 – paragraph 3: 3. The Commission shall develop an interconnection to enable the automated communication of decisions referred to in Article 15(3) from the information and communication system referred to in paragraph 1 to the environment referred to in paragraph 4. That interconnection shall start operating no later than one year from the date of the adoption of the implementing act referred to in paragraph 7, point (b), in respect of that interconnection.

RemovedArticle 22 – paragraph 5: 5. The Commission shall interconnect the national single window environments for customs with the information and communication system referred to in paragraph 1 to enable the exchange of requests and notifications between customs, the Commission and competent authorities pursuant to Articles 17 to 20 of this Regulation. That interconnection shall be provided through [EU CSW-CERTEX pursuant to Regulation XX/20XX]40 within two years from the date of adoption of the implementing act referred to in paragraph 7(c). The exchanges referred to in paragraph 4 shall take place through that interconnection as soon as it is operational.

RemovedArticle 23 – paragraph 1 – introductory part: The Commission shall issue guidelines no later than 12 months before the date of application of this Regulation, which shall include the following:

RemovedArticle 23 – paragraph 1 – point a: (a) guidance on due diligence in relation to forced labour, including forced child labour, which shall take into account applicable Union legislation setting out due diligence requirements with respect to forced labour, guidelines and recommendations from international organisations, as well as the size and economic resources of economic operators, different types of suppliers along the supply chain, different sectors and the particular risks associated with forced labour imposed by state authorities;

RemovedArticle 23 – paragraph 1 – point a a (new): (aa) guidance on how to submit information pursuant to Article 10;

RemovedArticle 23 – paragraph 1 – point a b (new): (ab) guidance for economic operators and product suppliers on how to engage in dialogue with competent authorities pursuant to Articles 4 and 5;

RemovedArticle 23 – paragraph 1 – point a c (new): (ac) guidance for economic operators on measures that are suitable and effective for bringing to an end different types of forced labour;

RemovedArticle 23 – paragraph 1 – point b: (b) information on risk indicators of forced labour, including how to identify them, which shall be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, civil society, business organisations, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;

RemovedArticle 23 – paragraph 1 – point c: deleted

RemovedArticle 23 – paragraph 1 – point e: (e) guidance for competent authorities on the practical application of Articles 4 and 5, Article 11, Article 16 and, where appropriate, any other provision laid down in Chapter III of this Regulation, including benchmarks for assisting competent authorities in their risk-based assessments of investigations and guidelines on the applicable standard of evidence and on how to ensure that economic operators can use the official language of their place of establishment.

RemovedArticle 23 – paragraph 1 – subparagraph 1 a (new): The guidance referred to in paragraph 1, point (a), shall focus in particular on assisting small and medium-sized enterprises (SMEs) and economic operators outside the scope of [Directive 20XX/XX/EU on Corporate Sustainability Due Diligence] in complying with this Regulation, and in particular with regard to cases referred to in Article 5(2), point (da).

RemovedArticle 23 – paragraph 1 – subparagraph 1 b (new): Furthermore, the Commission shall develop accompanying measures to support the efforts of economic operators and their business partners in the same supply chain, in particular the SMEs. Those measures shall include a one-stop shop for all matters related to the application of this Regulation and support to multi-stakeholder initiatives.

RemovedArticle 23 – paragraph 1 – subparagraph 1 c (new): National competent authorities shall support micro, small and medium-sized enterprises (SMEs) by organizing trainings on forced labour risk indicators and on engagement with authorities during investigations, and set up a hotline for questions related to this Regulation.

RemovedArticle 23 – paragraph 1 – subparagraph 1 d (new): The Commission shall consult relevant stakeholders and partners when elaborating the guidelines referred to in this Article.

RemovedArticle 23 – paragraph 1 – subparagraph 1 e (new): The guidelines shall be consistent with guidelines provided in accordance with other relevant Union law.

RemovedArticle 24 – paragraph 1: 1. A Union Network Against Forced Labour Products (‘the Network’) is established. The Network shall serve as a platform for structured coordination and cooperation between the competent authorities of the Member States and the Commission, and to streamline the practices of enforcement of this Regulation within the Union, thereby making enforcement more effective and coherent. The Commission shall coordinate the work of the Network.

RemovedArticle 24 – paragraph 1 a (new): 1a. The Commission and the Member States shall ensure that the Network has the necessary resources to carry out the tasks referred to in paragraph 3, including sufficient budgetary and other resources.

RemovedArticle 24 – paragraph 2 a (new): 2a. A representative from the Commission shall chair the meetings of the Network.

RemovedArticle 24 – paragraph 2 b (new): 2b. The Network shall have a secretariat. It shall be provided by the Commission. The secretariat shall organise the meetings of the Network and provide technical and logistical support to the Network.

RemovedArticle 24 – paragraph 3 – point b a (new): (ba) commission research and monitor situations of systemic use of forced labour;

RemovedArticle 24 – paragraph 3 – point c a (new): (ca) facilitate capacity building activities, such as the organisation of training programmes for competent authorities and other relevant stakeholders;