{"title":"Article: The European Commission Proposes a Regulation to Ban Products Made With Forced Labour","authors":"Alessandro Fruscione","doi":"10.54648/gtcj2023013","DOIUrl":null,"url":null,"abstract":"On 14 September 2022, the European Commission presented a proposal for a Regulation (Proposal for a Regulation of the European Parliament and of the Council banning products made with forced labour on the Union market, COM (2022) 453 final of 14 September 2022, https://eurlex. europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52022PC0453) aimed at banning from the EU market products made with forced labour.\nThe proposal – which concerns both imported products and those manufactured in the Union territory to be destined for internal consumption or export and does not focus on specific types of enterprises, thus also affecting very small ones – will now have to be discussed and approved by the European Union Parliament and Council to become an effective legislative act and will apply after twenty-four months from its entry into force. The Regulation Proposal of the European Commission appears to be wide-ranging, and doesn’t identify – at least in this first phase – specific product categories or certain producer countries, unlike what was decided by other countries (For example, the United States of America, in the framework of the bans on the import of goods made with forced labour, on 21 June 2022 adopted the Uyghur Forced Labor Prevention Act (UFLPA), which tightens the ban on imports into the USA for products made with forced labour in China, particularly in the Xinjiang Uyghur Autonomous Region). The most immediate effect of the desirable approval of the Proposal in question will be represented, for Union economic operators, by the need to carry out even more careful due diligence on supply chains and, more generally, on the reliability of their suppliers, in order to mitigate the risks of placing on the market products obtained by resorting to modern slavery.\nForced labour, Regulation, Importer, Exporter, Slavery, Products, Manufactured, Ban, Market, Work conditions","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":"1 1","pages":""},"PeriodicalIF":0.2000,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Global Trade and Customs Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.54648/gtcj2023013","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"INTERNATIONAL RELATIONS","Score":null,"Total":0}
引用次数: 0
Abstract
On 14 September 2022, the European Commission presented a proposal for a Regulation (Proposal for a Regulation of the European Parliament and of the Council banning products made with forced labour on the Union market, COM (2022) 453 final of 14 September 2022, https://eurlex. europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52022PC0453) aimed at banning from the EU market products made with forced labour.
The proposal – which concerns both imported products and those manufactured in the Union territory to be destined for internal consumption or export and does not focus on specific types of enterprises, thus also affecting very small ones – will now have to be discussed and approved by the European Union Parliament and Council to become an effective legislative act and will apply after twenty-four months from its entry into force. The Regulation Proposal of the European Commission appears to be wide-ranging, and doesn’t identify – at least in this first phase – specific product categories or certain producer countries, unlike what was decided by other countries (For example, the United States of America, in the framework of the bans on the import of goods made with forced labour, on 21 June 2022 adopted the Uyghur Forced Labor Prevention Act (UFLPA), which tightens the ban on imports into the USA for products made with forced labour in China, particularly in the Xinjiang Uyghur Autonomous Region). The most immediate effect of the desirable approval of the Proposal in question will be represented, for Union economic operators, by the need to carry out even more careful due diligence on supply chains and, more generally, on the reliability of their suppliers, in order to mitigate the risks of placing on the market products obtained by resorting to modern slavery.
Forced labour, Regulation, Importer, Exporter, Slavery, Products, Manufactured, Ban, Market, Work conditions
2022年9月14日,欧盟委员会提交了一项法规提案(欧洲议会和理事会禁止在欧盟市场上使用强迫劳动生产的产品的法规提案,COM (2022) 453 final of 2022年9月14日,https://eurlex)。europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52022PC0453),旨在禁止强迫劳动生产的产品进入欧盟市场。这项建议- -既涉及进口产品,也涉及在联盟领土内生产的用于国内消费或出口的产品- -并不侧重于特定类型的企业,因此也影响到非常小的企业- -现在必须由欧洲联盟议会和理事会讨论和批准,以成为一项有效的立法行为,并将在其生效后24个月后实施。欧盟委员会的监管提案似乎涉及范围很广,至少在第一阶段没有确定具体的产品类别或某些生产国,这与其他国家的决定不同(例如,美利坚合众国在禁止进口强迫劳动制造的商品的框架下,于2022年6月21日通过了《维吾尔族强迫劳动预防法》(UFLPA))。该法案收紧了对从中国(尤其是新疆维吾尔自治区)强迫劳动生产的产品进口到美国的禁令。对于欧盟经济运营商来说,该提案获得批准的最直接影响是需要对供应链进行更仔细的尽职调查,更广泛地说,是对供应商的可靠性进行尽职调查,以减轻将通过诉诸现代奴隶制获得的产品投放市场的风险。强迫劳动,法规,进口商,出口商,奴役,产品,制造,禁令,市场,工作条件