{"id":5213,"date":"2022-09-21T11:24:43","date_gmt":"2022-09-21T09:24:43","guid":{"rendered":"https:\/\/materiality.pl\/?p=5213"},"modified":"2026-01-19T11:30:12","modified_gmt":"2026-01-19T10:30:12","slug":"ke-has-submitted-draft-legislation-to-ban-the-sale-of-products-made-with-forced-labor-in-the-eu","status":"publish","type":"post","link":"https:\/\/materiality.pl\/en\/wiedza-i-praktyka\/ke-przedstawila-projekt-przepisow-zakazujacych-w-ue-sprzedazy-produktow-wytworzonych-przy-uzyciu-pracy-przymusowej\/","title":{"rendered":"EC unveiled draft legislation to ban the sale of products made using forced labor in the EU"},"content":{"rendered":"
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Context<\/strong><\/h2>

Taking up this topic was already announced a year ago by European Commission President Ursula von der Leyen.<\/p>

Subsequent regulations in the area of human rights and due diligence are part of a trend visible for some time that seeks to normalize the area of human rights accountability, with the CSDD as the leading regulation.<\/p>

Draft regulation<\/strong><\/h2>

The draft in its current form is based on the definition of forced labor contained in ILO (International Labor Organization) Convention No. 29 Concerning Forced or Compulsory Labor:<\/p>

\u201cFor the purposes of this Convention, the expression \u201cforced or compulsory labor\u201d shall mean any work or services required of any person under the threat of any penalty and to which the person has not volunteered.\u201d.<\/em><\/p>

The core of the project is Article 3 in Chapter 1, the full content of which reads in its current, original form as follows:<\/p>

\u201cEconomic operators shall not place or make available on the Union market products that are made with forced labor, nor shall they export such products.\u201d<\/em><\/p>

Where economic operator <\/em>means any natural or legal person or association of persons who introduce or make available products on the EU market or export products.<\/p>

The draft regulation proposes a series of control activities to be carried out by the relevant authorities of member states. Control activities for entities that may violate the assumptions presented in Article 3 will be based on an assessment of the risk of non-compliance based on relevant information available to member state authorities.<\/p>

If member state authorities identify violations of Article 3, the draft provides:<\/p>