The EU Regulation on prohibiting products made with forced labour on the Union market (FL Ban or Regulation) has been published in the Official Journal of the EU on 12 December 2024. This Regulation prohibits placing products made with forced labour on the EU market and their export from the EU. Adoption of the FL Ban represents a significant step towards eradicating forced labour across global supply chains and addressing a critical gap in the EU legislative framework. While the Regulation does not impose new due diligence obligations on businesses, it serves as a crucial complement to existing legislation, particularly the Corporate Sustainability Due Diligence Directive (CSDDD). It establishes an enforcement regime that authorises national competent authorities to investigate cases within Member States, and the European Commission to investigate suspected cases outside the EU. Cooperation between competent authorities and customs authorities will play a key role in identifying the products that are subject to previous decisions by competent authorities that establish violation. The Regulation, while marking a significant achievement, has notable limitations. Regrettably, it does not adopt a human-rights-based approach and falls short of putting affected rightsholders at the centre, as it fails to mandate remediation by economic operators as a condition for lifting product bans. Other shortcomings include the heavy burden of proof placed solely on the lead competent authorities, the absence of evidentiary standards tailored for specific economic sectors and geographic areas at high risk of state-imposed forced labour, insufficient guidance on responsible disengagement, and the absence of amendments to the Union Customs Code that would facilitate stakeholder access to customs data. Despite these shortcomings, the FL Ban holds significant potential to advance the EU’s fight against forced labour and encourage companies to implement due diligence measures to address this severe abuse. For effective and uniform application across all Member States, the implementation of this instrument must be paired with robust support measures. Competent authorities and the Commission must collaborate effectively and be equipped with the necessary resources and expertise to address different forms of forced labour. To ease the burden on competent authorities, measures need to be in place to enhance international cooperation and information channels with third countries, particularly those that have similar laws in place. The Commission’s future guidelines on due diligence, remediation and forced labour must be built upon the expectations of the United Nations Guiding Principles on Business and Human Rights (UNGPs) and enable competent authorities and economic operators to understand and meet the requirements of the Regulation clearly. Engagement with rightsholders and other stakeholders during enforcement stages should adopt a human rights-based approach, facilitating meaningful interactions, securing protection against retaliation, and overcoming other potential barriers to participation. Stakeholders, including civil society organisations (CSOs), national human rights institutions (NHRIs), and workers’ representatives, can play a key role in ensuring effective enforcement and monitoring. As the Commission will prepare guidelines in consultation with relevant stakeholders, these actors can provide valuable insights and inputs based on their expertise. They can conduct capacity-building activities, share best practices for identifying, addressing, and remediating forced labour, guide implementing structural measures to prevent its recurrence in the future. Also, as the Regulation undergoes evaluation five years after its entry into force, research and data-informed insights and inputs from stakeholders offers an opportunity to address identified gaps and limitations, assess the Regulation’s impact on victims, particularly vulnerable groups such as women and children, and strengthen remediation measures for affected rightsholders. Regulation is a critical step, but it is only a part of a broader strategy needed for structural change. The roots of forced labour are embedded in socio-economic factors that necessitate a comprehensive array of measures extending beyond the immediate scope of the FL Ban. A collaborative effort from all actors, including international organisations, EU institutions, Member States, businesses, rightsholders and their representatives, is necessary to develop a comprehensive policy framework that addresses the root causes of forced labour. The EU should leverage cooperation initiatives and trade & development policies to elevate human rights standards, promote decent work and tackle the underlying causes of forced labour in global supply chains. For forced labour taking place in the EU, existing legislation and policies should be effectively implemented to promote decent working conditions and robust prosecution of labour exploitation offences. UNGPs should continue to guide efforts to support broader human rights and fair labour practices worldwide.

Strengthening the EU’s Stand Against Forced Labour: the Regulation on Prohibiting Products Made with Forced Labour

Resource Key: ZSKT25A8

Document Type: Report

Creator:

Author:

  • Danish Institute for Human Rights

Creators Name: {mb_resource_zotero_creatorsname}

Place: Copenhagen, Denmark

Institution: Danish Institute for Human Rights

Date: 2025

Language: en

The EU Regulation on prohibiting products made with forced labour on the Union market (FL Ban or Regulation) has been published in the Official Journal of the EU on 12 December 2024. This Regulation prohibits placing products made with forced labour on the EU market and their export from the EU. Adoption of the FL Ban represents a significant step towards eradicating forced labour across global supply chains and addressing a critical gap in the EU legislative framework. While the Regulation does not impose new due diligence obligations on businesses, it serves as a crucial complement to existing legislation, particularly the Corporate Sustainability Due Diligence Directive (CSDDD). It establishes an enforcement regime that authorises national competent authorities to investigate cases within Member States, and the European Commission to investigate suspected cases outside the EU. Cooperation between competent authorities and customs authorities will play a key role in identifying the products that are subject to previous decisions by competent authorities that establish violation. The Regulation, while marking a significant achievement, has notable limitations. Regrettably, it does not adopt a human-rights-based approach and falls short of putting affected rightsholders at the centre, as it fails to mandate remediation by economic operators as a condition for lifting product bans. Other shortcomings include the heavy burden of proof placed solely on the lead competent authorities, the absence of evidentiary standards tailored for specific economic sectors and geographic areas at high risk of state-imposed forced labour, insufficient guidance on responsible disengagement, and the absence of amendments to the Union Customs Code that would facilitate stakeholder access to customs data. Despite these shortcomings, the FL Ban holds significant potential to advance the EU’s fight against forced labour and encourage companies to implement due diligence measures to address this severe abuse. For effective and uniform application across all Member States, the implementation of this instrument must be paired with robust support measures. Competent authorities and the Commission must collaborate effectively and be equipped with the necessary resources and expertise to address different forms of forced labour. To ease the burden on competent authorities, measures need to be in place to enhance international cooperation and information channels with third countries, particularly those that have similar laws in place. The Commission’s future guidelines on due diligence, remediation and forced labour must be built upon the expectations of the United Nations Guiding Principles on Business and Human Rights (UNGPs) and enable competent authorities and economic operators to understand and meet the requirements of the Regulation clearly. Engagement with rightsholders and other stakeholders during enforcement stages should adopt a human rights-based approach, facilitating meaningful interactions, securing protection against retaliation, and overcoming other potential barriers to participation. Stakeholders, including civil society organisations (CSOs), national human rights institutions (NHRIs), and workers’ representatives, can play a key role in ensuring effective enforcement and monitoring. As the Commission will prepare guidelines in consultation with relevant stakeholders, these actors can provide valuable insights and inputs based on their expertise. They can conduct capacity-building activities, share best practices for identifying, addressing, and remediating forced labour, guide implementing structural measures to prevent its recurrence in the future. Also, as the Regulation undergoes evaluation five years after its entry into force, research and data-informed insights and inputs from stakeholders offers an opportunity to address identified gaps and limitations, assess the Regulation’s impact on victims, particularly vulnerable groups such as women and children, and strengthen remediation measures for affected rightsholders. Regulation is a critical step, but it is only a part of a broader strategy needed for structural change. The roots of forced labour are embedded in socio-economic factors that necessitate a comprehensive array of measures extending beyond the immediate scope of the FL Ban. A collaborative effort from all actors, including international organisations, EU institutions, Member States, businesses, rightsholders and their representatives, is necessary to develop a comprehensive policy framework that addresses the root causes of forced labour. The EU should leverage cooperation initiatives and trade & development policies to elevate human rights standards, promote decent work and tackle the underlying causes of forced labour in global supply chains. For forced labour taking place in the EU, existing legislation and policies should be effectively implemented to promote decent working conditions and robust prosecution of labour exploitation offences. UNGPs should continue to guide efforts to support broader human rights and fair labour practices worldwide.

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