On 19.11.2024, the EU Council adopted a regulation that prohibits the placing on the market, making available and exporting of products manufactured using forced labour on the EU market. The key requirements include:
Risk assessment database: The EU Commission is creating a database on products and areas with an increased risk of forced labour in order to support authorities in assessing and investigating possible violations.
Investigative powers:
- EU Commission: Responsible for investigating forced labour outside the EU.
- National authorities: Responsible for investigating suspicions of forced labour within their territory.
- Exchange of information: Member state authorities and the EU Commission should share findings in order to effectively combat cross-border offences.
Obligations for sellers and producers:
- Products manufactured under forced labour may not be placed on the Union market, made available or exported.
- In the event of an infringement, the products concerned must be withdrawn from the market or taken off the market.
- National decisions on market bans apply throughout the EU in accordance with the principle of mutual recognition.
The regulation will enter into force after publication in the Official Journal of the EU, but will only apply three years after this date. For the first time, it creates a comprehensive legal framework to combat forced labour in global supply chains.
This example shows that optimised Legal Monitoring is necessary as an existential risk precaution in order to protect you in terms of product law.
Is your company affected by products manufactured under forced labour? Take action now! Christopher Blauth and Jens Haasler will be happy to answer your questions at beratung@trade-e-bility.de.
