European regulation banning forced labour products definitively adopted!

The aim is to prohibit companies from:

• placing on the EU market,

• making available,

• but also the export from the EU market of any product derived from forced labour.

This regulation will create a framework on which to base legal action in the various EU countries to effectively ban the sale of these products. They can then be:

• donated

• recycled

• or destroyed (particularly for perishable products), for example.

How will products be suspected of having been made using forced labour?

"On the basis of a risk assessment, the Commission (in the case of forced labour outside the EU) or the authorities of the Member States (in the case of forced labour on their territory) may open an investigation", states the Council's press release.

"Decisions to investigate will be based on a body of factual and verifiable information from, for example, international organisations, cooperating authorities or whistle-blowers. Several risk factors and criteria will be taken into account, including the prevalence of state-imposed forced labour in certain economic sectors and geographical areas", stated the European Parliament in April 2024.

Entry into force

The text has now been adopted by the European co-legislators. It will be published in the EU's Official Journal. It will not need to be transposed into EU member state law.

It will apply to companies, including SMEs, 3 years after its entry into force. Fines may be imposed on companies that fail to comply with the regulation.

However, products may be reintroduced to the market if the company succeeds in eliminating forced labour from its supply chains. The company could store the products until they are brought into compliance.

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