To the attention of the DEVE committee Civil society input on the proposed REGULATION ON PROHIBITING

Brussels, 6 February 2023 To the attention of the DEVE committee Civil society input on the proposed REGULATION ON PROHIBITING PRODUCTS MADE WITH FORCED LABOUR ON THE UNION MARKET Undersigned civil society organisations welcome the opportunity provided by the DEVE committee to provide input on the European Commission’s (Commission) legislative proposal for a Regulation on prohibiting products made. [...] The procedure itself and the sanction Additionally, it is regrettable that, currently, the proposal foresees only one ultimate sanction: the prohibition to place these products on the market, coupled with an obligation to dispose of existing products. [...] This also means that, for the whole duration of the investigation, products will continue to be freely available on the market and can be readily rerouted to other markets, thereby depriving the Regulation of its effectiveness and essence. [...] Furthermore, in framing its decision to sanction economic operators the authorities should take into account the imbalances of power in and around global supply chains and the proposal should clarify that any penalties to economic operators are non-transferable Due diligence as a support The proposal also fails to address the root causes of forced labour. [...] Generally, the Commission should include in its guidance (article 23) criteria on determining the appropriateness of the due diligence measures undertaken by companies and clearer indications on the need to follow international standards as defined by the UNGP and the OECD Guidelines.