Banning products made using forced labor from the EU market

The International Labor Organization (ILO) has estimated that 27.6 million people worldwide are in forced labor[1]. In line with its Treaties, the European Union (EU or Union) has been promoting various initiatives to promote respect for human rights around the world, including related labor rights, for example, as part of its commitment to promote decent work. In this context, the fight against forced labor and the promotion of corporate sustainability due diligence standards have been priorities on the EU’s human rights agenda.

In line with this, on November 19, the European Council (EC) adopted a regulation[2] on the prohibition of products made using forced labor on the EU market, which aims to prohibit the placing and making available on the EU market and the export outside the EU of products made using forced labor, including forced child labor. The ban covers domestically produced and imported products.

Building on international standards and complementing existing EU horizontal and sectoral initiatives, in particular due diligence and sustainability reporting obligations for companies, the proposal establishes a ban backed by a robust, risk-based enforcement framework[3].

It should be noted that the implementation of this Regulation of the European Parliament and of the Council, in particular with regard to investigations and decisions to ban products made using forced labor, will be the responsibility of the national authorities of the Member States.

The regulation is now awaiting signature by the President of the European Parliament and the President of the Council, after which it will be published in the Official Journal of the European Union and will enter into force on the day following its publication, with its application projected for three years after the date of its entry into force.

[1] The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public/—ed_norm/—ipec/documents/publication/wcms_854733.pdf.

[2] REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning the prohibition of products made using forced labor on the Union market | https://data.consilium.europa.eu/doc/document/ST-12711-2022-INIT/pt/pdf

[3] https://www.consilium.europa.eu/pt/press/press-releases/2024/11/19/products-made-with-forced-labour-council-adopts-ban/