Answer given by Mr Breton on behalf of the European Commission

30.9.2022

The Commission is committed to combatting forced labour and promoting due diligence as priorities under the EU’s agenda on business and human rights and adopted on 14 September 2022 the proposal for a regulation on prohibiting products made with forced labour on the Union market[1].

The new instrument will effectively prohibit the placing on the EU market of goods made wholly or in part by forced labour (marketing prohibition), covering both domestic (EU) and imported goods and combine a ban with a robust, risk-based enforcement framework.

The competent authority will conduct investigations in case of substantiated concerns that a certain product was made with forced labour asking companies to provide any information that is relevant for the investigation, and potentially necessary checks and inspections including investigations in third countries.

If a company or a government refuses to cooperate by not giving the required information, for instance by not allowing the competent authorities to carry out checks and inspections, competent authorities may pursue the investigation and take the decision on the basis of facts available.

When a competent authority takes a decision that a product was made with forced labour, that particular product will be banned from the EU market and the economic operators concerned will be requested to withdraw the product concerned from the market.

If an economic operator does not comply with the decision of the competent authority, the latter may impose penalties. The Member States will lay down the rules on penalties applicable to non-compliance with a decision, but they need to be effective, proportionate and dissuasive.

• [1] https://single-market-economy.ec.europa.eu/document/785da6ff-abe3-43f7-a693-1185c96e930e_en